The purpose of this Article is to establish responsibilities for the administration of this Chapter, and the enforcement procedures and penalties for non-compliance with the provisions of this Zoning Ordinance. The purpose of this Article is also to establish procedural requirements for zoning text amendments, zoning map amendments, and various development approvals under this Chapter, including but not limited to conditional use permits, temporary use permits, variances, certificates of occupancy, and site plan review and approval.

The following activities do not require review or approval by the City under this Chapter.

(1)

Official public information installed by or at the direction of a governmental unit.

(2)

The maintenance or improvement of a public road, sidewalk, or railroad track within the boundaries of the right-of-way.

(3)

Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal, or construction on established rights-of-way of any sewer and water mains and laterals, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.

The Zoning Administrator is hereby designated as the administration and enforcement officer for the provisions of this Chapter. The general duty of the Zoning Administrator is to interpret and administer this Chapter. Examples of duties include:

(1)

Maintain records of this Chapter, including, but not limited to, all maps, amendments, conditional uses, temporary uses, site plans, planned developments, occupancy permits, variances, appeals, interpretations, and applications thereof.

(2)

Receive, review, analyze, and develop written reports on all applications for amendments to this Chapter, zoning map amendments, conditional use permits, temporary use permits, land use permits, site plans, special area design review, planned developments, interpretations, variances, appeals, violations and penalties, or other development matters.

(3)

Serve as staff to the Plan Commission, Zoning Board of Appeals, and other boards and commissions as assigned.

(4)

Issue land use permits when the requirements of the Chapter have been met, and make and maintain records thereof.

(5)

Coordinate official development review processes among government offices to the extent feasible.

(6)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters.

(7)

Conduct inspections to determine compliance with the terms of this Chapter and to take remedial action when required. Issue citations for the enforcement of this Chapter.

(8)

Make interpretations regarding the provisions of this Chapter per Section 10.10.50.

(1)

The Plan Commission, together with its other statutory duties, shall make recommendations relating to the planning and development of the City to the Common Council, other public officials, and other interested organizations and residents. The Plan Commission is established in Section 2.06 of the City of Middleton Municipal Code.

(2)

General Duties and Responsibilities

The Plan Commission shall:

(a)

Approve a recommended annual budget for the Plan Commission; when requested, review and comment on the budgets of agencies or functions that pertain to planning.

(b)

Develop, adopt, and review the City Comprehensive Plan and elements thereof, including elements applicable to extraterritorial areas.

(c)

Make reports and recommendations relative to the planning and development of the City and its environs to public officials and agencies; utility companies; civic, educational, professional, and other organizations; and residents and other community stakeholders.

(d)

Receive referrals pursuant to Wis. Stat. § 62.23(5) and (6), or otherwise, and make reports upon the following matters: the location and architectural design of public buildings; the location of statues or memorials; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public way, park, playground, airport, parking areas, or memorials or public grounds; the location, extension, abandonment or authorization for any public utility; plats of land or certified survey maps within the City limits or within the extraterritorial plat review jurisdiction; location, character and extent of acquisition, leasing or sale of lands for public or semi-public housing, redevelopment, and the amendment or repeal of any zoning or official map ordinance. Referrals and reports under this Section are in addition to zoning/design reviews under other provisions of the Zoning Ordinance.

(e)

Additional Duties and Responsibilities

The Plan Commission shall have such powers under Wisconsin Statutes, or City Ordinances as may be necessary to enable it to perform its functions and promote municipal planning.

(3)

Except where they are the final step in the review process as established by this Chapter, the functions of the Plan Commission are recommendatory to the Common Council pursuant to guidelines set forth in this Chapter as to various matters, and always being mindful of the intent and purposes of this Chapter.

(4)

See Figure 10.10.20a for a summary of the Plan Commission's role in administering this Chapter.

(1)

The Common Council, the governing body of the City, subject to recommendations by the Plan Commission, has ultimate authority to adopt changes and amendments to this Zoning Ordinance and the Official Zoning Map and other functions as determined by this Chapter. The Common Council is established in Chapters 1 and 2 of the City of Middleton Municipal Code.

(2)

See Figure 10.10.20a for a summary of the Common Council's role in administering this Chapter.

A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in the enforcement of this Chapter.

(1)

Appointments, Terms, Rules, and Procedures

The Zoning Board of Appeals shall be appointed and shall be governed as to terms, vacancies, removals, and as to rules and procedures by Wis. Stat. § 62.23(7)(e) and the provisions herein.

(2)

Public Hearings

The Zoning Board of Appeals shall conduct a public hearing on all administrative appeals, variances and other decision matters before it and shall cause a Class 1 Notice under Wis. Stat. Chapter 985 to be published and shall give due notice of the hearing to all parties in interest.

(3)

Procedure and Record

Any party may appear in person or by agent at such hearing. The Chair may administer oaths to parties testifying and may compel attendance of witnesses. All testimony before the Board by persons other than Board members and all documentary evidence or material pertaining to matters before the Board shall be received at hearings conducted by the Board, provided that the content of relevant ordinance or statutory materials shall be deemed to be before the Board in all cases and need not be entered into the record. All parties in interest shall be afforded reasonable opportunity to comment on all materials or information so received. Board members who are in possession of facts that may have a bearing on the matter before the Board shall enter the same into the record of the hearing and opportunity shall be allowed for comment on such entries.

(4)

Deliberations and Decisions

The Board shall deliberate on matters before it. The concurring vote of a majority of the members of the Board present shall be necessary to approve any appeal, variance, or other decision by the Board. The vote of each matter decided by the Board shall be recorded in the minutes. If a member is absent or if a member fails to vote, such facts shall similarly be recorded. The minutes of the Board shall show the Board's decisions and votes of members thereon. Each decision of the Board shall be accompanied by written reasons in support of the decision. All decisions shall be made in strict accordance with the standards of the Ordinance and the Board shall decide all matters before it within a reasonable time.

(5)

Powers

The Board of Appeals shall have the powers established in Wis. Stat. § 62.23(7)(e). Examples of such powers include:

(a)

Hear Appeals

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

(b)

Authorize Variances

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

(c)

Extend Districts

To permit the extension of a district where the boundary line of a district divides a lot held in single ownership at the time of adoption of this Chapter.

(d)

Interpret Ordinances

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

(e)

Vary Height and Area Regulations

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

(f)

Vary Parking Regulations

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

(6)

See Figure 10.10.20a for a summary of the role of the Zoning Board of Appeals in administering this Chapter.

(1)

Review procedures vary depending on the type of request; however, procedures within this Article generally adhere to three (3) common elements:

(a)

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

(b)

Review by appropriate City staff and/or officials.

(c)

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

(2)

Figure 10.10.20a summarizes the procedures, agencies, and personnel involved in the various procedures authorized by this Chapter. Detailed zoning procedures are discussed in Section 10.10.30 through 10.10.53 of this Article. Figure 10.10.20a is provided as a convenience for the City and general public.

Figure 10.10.20a: Review and Approval Activities and Bodies

(Ord. No. O1657, § 136, 6-17-2025)

In order to allow owners of property and other legitimately interested parties to have a fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this Chapter.

(1)

Notice of any public hearing which the Council, Plan Commission, or Zoning Board of Appeals is required to hold under the terms of this Chapter shall specify the date, time, and place of hearing, and the matter to be presented at the hearing.

(2)

The notice for variances shall be published as a Class 1 notice. The notice for zoning ordinance amendments, zoning map amendments, and conditional use permits shall be published as a Class 2 notice.

(3)

The notice of public hearing shall be published in a newspaper of general circulation in the City before the public hearing, as prescribed by Wis. Statutes or local ordinances.

(4)

Notice of the public hearing shall be mailed to the last known address of all parties-in-interest at least ten (10) days before the hearing. Parties-in-interest shall be defined as the petitioner; the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any lands included in the petition; the owners of record of all lots or parcels adjacent extending one hundred (100) feet therefrom, or directly opposite thereto extending one hundred (100) feet from the street frontage of such; the owners of all lands included in the petition; and the owner or operator of an airport lying within one (1) mile of lands included in the petition.

(5)

At least twenty-one (21) days prior to the date of the public hearing, the applicant shall cause a sign to be posted upon the property subject to the application in the form and manner of the signage described in Chapter 22: Sign Code.

(1)

For proposals that are likely to generate a lot of public interest, the Zoning Administrator has the discretion to require the applicant to hold a neighborhood meeting. Such meetings shall provide an opportunity for interested parties to examine the proposal and allows the applicant to provide a thorough explanation of the proposal, answer questions from the public and City, and potentially amend the proposal based on public input.

(2)

Where a neighborhood meeting is required either by the Zoning Administrator or by Section 10.10.30(5), within ninety (90) days of filing of a complete application, the applicant shall hold a public meeting to introduce and inform property owners within one hundred (100) feet of the subject property of the proposal to solicit comments and address concerns. The City shall supply a list of property owners to the applicant upon request.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(Ord. No. O1657, § 137, 6-17-2025)

(1)

For potential zoning map amendments (rezonings) and projects involving a group or large development pursuant to Section 10.06.02, the Zoning Administrator has the discretion to require a concept plan review of the project by the Plan Commission, or an applicant may request a concept plan review prior to submitting a formal application. Such a review is at the concept level and is not binding.

(2)

The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of a formal application for a zoning map amendment (rezoning) or a group or large development. The purpose of this meeting, or meetings, is to allow the Plan Commission to discuss the possible application; general statistics on the project; the environmental, economic, social and other benefits of design to be obtained from the proposal; and whether there is a need for planned unit development district zoning (why a standard zoning district will not suffice). No formal action will be taken by the Commission. After this meeting or meetings, the applicant may then submit a formal application pursuant to the procedures pertaining to review of zoning map amendments and/or projects involving a group or large development.

(3)

Application. An application for concept plan review shall include the following items, if applicable (digital files shall be submitted whenever possible).

(a)

Contextual information such as a location map, photos of the site and surrounding properties, and topography.

(b)

A general written description of the proposed project, including:

1.

General project themes and design.

2.

The general mix of dwelling unit types and/or land uses.

3.

Approximate residential densities and nonresidential intensities as described by dwelling units per acre, landscaping surface ratio, and/or other appropriate measures of density and intensity.

4.

General treatment of natural features.

5.

Relationship to nearby properties and public streets.

6.

Relationship of the project to the Comprehensive Plan.

7.

Description of any potential exceptions/base standard modifications from the requirements of this Chapter. The purpose of this information shall be to provide the Plan Commission with information necessary to determine the relative merits of the project with respect to private versus public benefit, and to evaluate the potential adverse impacts created by potentially making exceptions to standard zoning district requirements.

(c)

A conceptual drawing of the site plan layout, including the general locations of public streets and/or private drives.

(4)

Without taking formal action, the Plan Commission shall comment on the concept plan to help inform the applicant's decision whether to proceed with the project. The Commission may request that additional materials be submitted to assist in communicating the nature of the site and its context. If the proposed planned development relates to constructing, altering or demolishing a landmark, proposes development on a landmark site, or proposes development in a historic district, the concept shall be submitted for review to the Landmarks Commission.

(5)

To facilitate their review of the concept plan, the Plan Commission may determine that there is a need for a public meeting following the procedures of Section 10.10.22.

(Ord. No. O1657, § 138, 6-17-2025)

(1)

Purpose

The purpose of this Section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to the provisions of this Chapter or the Official Zoning Map. Refer also to the requirements of Wis. Stat. § 62.23(7)(d).

(2)

Initiation of Request for Amendment

Proceedings for an amendment of this Chapter or the Official Zoning Map may be initiated by one (1) of the following methods:

(a)

An application by any member of the general public (only applicable to amendments of this Chapter).

(b)

An application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property (only applicable to amendments of the Official Zoning Map).

(c)

A recommendation by the Plan Commission to the Common Council.

(d)

Action of the Common Council.

(e)

A recommendation by City staff.

(3)

Application Requirements

(a)

An application to amend the regulations of this Zoning Ordinance shall contain the following (digital files shall be submitted whenever possible, if applicable):

1.

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

2.

The text which is proposed to replace the current text.

3.

Written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the Comprehensive Plan.

4.

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

(b)

An application to amend the Official Zoning Map shall also contain the following (digital files shall be submitted whenever possible, if applicable):

1.

A map of the subject property to scale depicting:

a.

All lands for which the zoning is proposed to be amended and all other lands within 100 feet of the boundaries of the subject property.

b.

Current zoning of the subject property and its environs within one hundred (100) feet of the subject property, and the jurisdiction(s) which maintains that control.

c.

All lot dimensions of the subject property.

d.

A graphic scale and north arrow.

2.

Legal description of the property.

3.

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

4.

Traffic Impact Analysis. The City may require that a traffic impact analysis (TIA) be completed in accordance with Section 10.06.03(15)(c).

5.

Any further information needed by the Plan Commission, such as the potential need for a study to verify water and sewer infrastructure capacities, to facilitate the making of a comprehensive report to the Plan Commission and Common Council.

(4)

Review by the Zoning Administrator

(a)

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

(b)

Findings of Fact. The Zoning Administrator shall review the complete application and evaluate whether the proposed amendment:

1.

Advances the purposes of this Chapter as outlined in Section 10.01.03.

2.

Advances the purposes of the general Article and specific Section in which the amendment is proposed to be located.

3.

Is Consistent with the Comprehensive Plan. If the proposed amendment is not consistent, an amendment to the Comprehensive Plan is required prior to rezoning.

4.

Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

5.

For zoning ordinance amendments, addresses any of the following factors that may not be addressed in the current zoning text:

a.

A change in the land market, or other factors which require a new form of development, a new type of land use, or a new procedure to meet said change(s).

b.

New methods of development or types of infrastructure.

c.

Changing governmental finances to meet the needs of the government in terms of providing and affording public services.

d.

Any other factor deemed appropriate by the City.

6.

For zoning map amendments, addresses any of the following factors that are not properly addressed on the current Official Zoning Map:

a.

The designations of the Official Zoning Map are not in conformance with the Comprehensive Plan.

b.

A mapping mistake was made, including the omission on the Official Zoning Map of an approved zoning map amendment.

c.

Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district.

d.

Growth patterns or rates have changed, creating the need for an amendment to the Official Zoning Map.

(c)

The Zoning Administrator shall prepare a written report addressing items in Subsection (4)(b), above, and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this Chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(d)

The findings of fact required by this paragraph are directory to the Zoning Administrator. No deficiency in the findings or failure to make any or all findings shall affect the power of the Plan Commission to make a recommendation or the City Council to adopt or reject the proposed amendment.

(5)

Neighborhood Meeting

For an amendment to the Official Zoning Map, the Zoning Administrator shall require a neighborhood meeting in compliance with Section 10.10.22.

(6)

Public Hearing

Within ninety (90) days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with Section 10.10.21 to consider the request. A public hearing may be held more than ninety (90) days from the filing of the complete application when requested by the applicant in writing.

(7)

Review and Recommendation by the Plan Commission

(a)

Within sixty (60) days after the public hearing, the Plan Commission shall make its recommendations regarding the application. Said recommendation shall include issuance of formal findings of fact developed and approved by the Plan Commission concerning the requirements of Subsection (4)(b), above, and whether the public benefits outweigh the potential adverse impacts of the proposed amendment.

(b)

If the Plan Commission fails to make a recommendation within sixty (60) days of the public hearing, the Common Council may hold a public hearing within thirty (30) days after the expiration of said 60-day period. Failure to receive said recommendation from the Plan Commission shall not preclude the Common Council from taking final action nor shall any deficiency in the findings of fact or failure to make any finding affect the power of the Common Council to adopt or reject the amendment. If a public hearing is necessary, the Common Council shall provide notice in compliance with the requirements of Section 10.10.21.

(c)

If, prior to or at the public hearing for a proposed amendment to the Official Zoning Map, a petition signed by owners of twenty (20) percent or more of the area of land immediately adjacent extending one hundred (100) feet therefrom, or owners of twenty (20) percent or more of the area of land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land file a petition with the Plan Commission or Zoning Administrator objecting to the petition, in the event the Plan Commission recommends approval of the petition, a second public hearing shall be held before the Common Council prior to taking action on the petition.

(8)

Review and Action by the Common Council

(a)

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

(b)

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

(c)

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

(d)

If the Common Council wishes to make significant changes to the proposed amendment, as recommended by the Plan Commission, the procedure set forth in Wis. Stat. § 62.23(7)(d) shall be followed prior to Common Council action.

(Ord. No. O1657, §§ 139—143, 6-17-2025)

(1)

Purpose

The purpose of this Section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.

(2)

Applicability

There are certain uses, which because of their unique characteristics, may have specific standards, regulations, or conditions established.

(3)

Initiation of Request

Proceedings for approval of a conditional use may be initiated by an application of the owner(s) or authorized agent of the owner(s) of the subject property.

(4)

Application

An application for a conditional use permit shall contain the following (digital files shall be submitted whenever possible, if applicable):

(a)

A map of the subject property to scale depicting:

1.

All lands for which the conditional use is proposed and all other lands within one hundred (100) feet of the boundaries of the subject property.

2.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.

3.

All lot dimensions of the subject property.

4.

A graphic scale and a north arrow.

(b)

A description of the property to which the conditional use permit would pertain sufficient to identify the property with reasonable certainty.

(c)

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

(d)

A site plan of the subject property if proposed for development conforming to all requirements of Section 10.10.43. If the proposed conditional use is a group or large development (per Section 10.06.02), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required per Section 10.10.43.

(e)

Written justification for the proposed conditional use demonstrating evidence that the application conforms to the findings described in Subsection (8).

(f)

Anticipated daily traffic, types and weights of vehicles, and any provisions, intersection or road improvements or other measures proposed to accommodate increased traffic.

1.

A Traffic Impact Analysis (TIA). The City may require that a traffic impact analysis (TIA) be completed in accordance with Section 10.06.03(15)(c).

(g)

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 that have been or are being provided.

(h)

Compliance with stormwater and erosion control standards.

(i)

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

(j)

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

(k)

Any further information needed by the Plan Commission, such as the potential need for a study to verify water and sewer infrastructure capacities, to facilitate the making of a comprehensive report to the Plan Commission.

(l)

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

(5)

Review by Zoning Administrator

(a)

The Zoning Administrator shall determine whether the application is complete. If the application is determined to be incomplete, the Zoning Administrator shall return the application to the applicant for submission of a complete application.

(b)

The Zoning Administrator may coordinate review with other City Departments.

(c)

The Zoning Administrator shall review the complete application and evaluate the proposed conditional use against the findings listed in Subsection (8), below.

(d)

The Zoning Administrator shall prepare a written report addressing the items under Subsection (8), below, to be forwarded to the Plan Commission for the Commission's review. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(6)

Public Hearing

Within forty-five (45) days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with Section 10.10.21 to consider the request. A public hearing may be held more than forty-five (45) days from the filing of the complete application when requested by the applicant in writing.

(a)

Statements of personal preferences or speculation not based on substantial evidence (see definition in Section 10.01.23) shall be disregarded by the Plan Commission.

(b)

Standards for testimony during a Public Hearing. All Public Hearing standards and procedures shall be followed in accordance with Subsections 1. through 4., below.

1.

City staff presents the application and related documents into the record.

a.

Plan Commission members ask questions of staff.

2.

The applicant or representative provides a statement or presentation.

a.

Plan Commission members and attendees ask questions of the applicant.

3.

Attendees provide testimony, if desired.

a.

Plan Commission members and applicant ask questions of the attendees providing testimony.

4.

Applicant may offer a rebuttal to the attendee's testimony.

(7)

Review and Action by the Plan Commission

(a)

Within forty-five (45) days of the public hearing, the Plan Commission may request further information and/or additional reports from the Zoning Administrator, applicant, and/or from any other source.

1.

Third Party Consultation

If necessary, expertise is not available from City Staff, public academic institutions, or from appropriate regional, state, or federal agencies, the Plan Commission may consult with a third party to effectively evaluate a conditional use permit application. The Zoning Administrator, or his/her designee, will select the consultant. The applicant for the conditional use permit shall bear all reasonable costs and expenses associated with such consultation. Applicants retain the right to withdraw a pending conditional use permit application if they choose not to pay consultant fees.

(b)

Final Action on Conditional Use Permits

1.

The Plan Commission shall hear all substantial evidence per Subsection (6) above.

2.

Following the public hearing, staff shall compile all materials presented to be documented in a Report of Preliminary Recommended Findings. The report shall contain, at a minimum, all substantial evidence presented in the public hearing, the recommended findings, and the recommended motion to either approve the use as originally proposed, approve the proposed conditional use with modifications and/or conditions, or deny approval of the proposed conditional use.

3.

In the same or a subsequent meeting, the Plan Commission shall discuss The Report of Preliminary Recommended Findings and any conditions or changes with the applicant. At that time, the Plan Commission may take final action by resolution on the application to either approve the conditional use as originally proposed, approve the proposed conditional use with modifications and/or conditions, or deny approval of the proposed conditional use. See Subsection (7)(b)8. below.

4.

The Plan Commission's decision to approve or deny the permit shall be supported by substantial evidence. Any condition imposed by the City shall be related to the purpose of the ordinance and be based on substantial evidence as defined in Wis. Stats. § 62.23(7)(de)1.b.

5.

The conditions described under Subsection (9), shall be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal.

6.

The applicant shall demonstrate whether the application and all requirements and conditions established by the Plan Commission relating to the conditional use are or will be satisfied, both of which shall be supported by substantial evidence.

a.

All other statements pertaining to the review of the Conditional Use Permit shall be based on substantial evidence.

7.

If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this Title or those imposed by the Plan Commission, the Plan Commission shall grant the conditional use permit.

8.

Final action by the Plan Commission shall consist of all of the following:

a.

The formal findings of fact related to the findings listed in Subsection (8), below, approved by the Plan Commission concerning the request.

b.

Description(s) of the substantial evidence that supports the Plan Commission's overall decision to approve, approve with conditions, or deny the request.

c.

Description(s) of the substantial evidence that supports all of the condition(s) imposed by the City.

d.

The City shall document these proceedings by any of the following means: written minutes, video or audio recordings, or written reports.

(8)

Findings of Fact

In reviewing and taking final action on a proposed conditional use permit, the Plan Commission shall consider whether the proposed conditional use:

(a)

Is consistent with the Comprehensive Plan.

(b)

Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare.

(c)

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

(d)

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

(e)

Complies with all other regulations or standards in this Chapter applicable to the use.

(9)

Conditions

The Plan Commission shall impose, at a minimum, the following conditions on any conditional use permit:

(a)

Any conditions required for specific uses listed under Article III.

(b)

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

(c)

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

(d)

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

1.

Expiration dates on conditional use permits, except for permits for communication towers under Section 10.03.20. Continuation or extension of an expired conditional use requires re-application and approval by the Plan Commission.

2.

Limits on hours or days of operation, or number of events each year.

3.

Limits on numbers of employees.

4.

Limits on numbers of total people, vehicles or animals on the premises at any one time.

5.

Limits on total quantity or volume of product on the premises at any one time.

6.

Limits on square footage of buildings or outdoor areas devoted to the proposed use.

7.

Reasonable interior and exterior inspection requirements relating to issues arising from the use.

8.

If the County Highway Department, City Public Works Department, or City Engineer determines that road intersection improvements and any recommended improvements of a Traffic Impact Analysis report (see Section 10.06.03(15)(c)) are necessary to safely accommodate the conditional use, the cost of such improvements shall be borne by the landowner.

9.

If the Public Works Department or City Engineer determine that off-site improvements to the sanitary sewer, storm sewer, and/or water infrastructure are necessary to accommodate the conditional use, the cost of such improvements shall be borne by the landowner.

10.

Requirements for posting a placard with the approved Conditional Use Permit, the nature of the operation, name and contact information for the operator, and contact information for the City. When required, the owner or operator shall keep a copy of the conditional use permit, including the list of all conditions, on the site, available for inspection to the public during business hours.

a.

Failure to comply with any imposed conditions, or to pay reasonable city costs of investigation or enforcement of sustained violations, may be grounds for revocation of the conditional use permit. The holder of a conditional use permit shall be given a reasonable opportunity to correct any violations prior to revocation.

(10)

Limited Effect of Approval

A ruling by the Plan Commission finding a particular land use to be conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for the period of time for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of three hundred sixty-five (365) consecutive days or more per Section (15) of this Chapter.

(a)

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

(11)

Effects of Denial

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

(12)

Appeals of a Plan Commission Decision shall be made to the Zoning Board of Appeals

(a)

Initiation of Request for Appeal

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

(b)

Enforcement Actions

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

(c)

Time Limit for Filing an Appeal

Any appeal to the Zoning Board of Appeals under the provisions of this Section shall be made per the requirements of Subsection (12)(d), below, within a period not exceeding 45 days from the date of issuance of Plan Commission's decision regarding the conditional use permit. Failure to initiate this appeal procedure within this 45-day period shall constitute a final and binding waiver of the right to appeal the Plan Commission's decision.

(d)

Application Requirements

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

1.

A written statement from the applicant indicating the reasons why an appeal is justified, with specific reference to the findings of the Plan Commission. This statement shall be dated and signed by the applicant.

2.

All information that was supplied in the complete application described in Subsection (4), above.

3.

Application filed with the City Clerk.

(e)

Review by the Zoning Administrator

1.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this Title. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

2.

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the requested appeal to the Zoning Board of Appeals as submitted by the applicant.

3.

The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions this Title or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(f)

Review and Action by the Zoning Board of Appeals

1.

Within sixty (60) days after the filing of the appeal, the Zoning Board of Appeals shall make its findings. Such findings shall be based on the findings of Subsection (8), above, and shall be based on substantial evidence. The Zoning Board of Appeals may request further information and/or additional reports from the Plan Commission, Zoning Administrator, the applicant, and/or any other entity as it sees fit.

2.

If the Zoning Board of Appeals fails to make a determination within sixty (60) days after the appeal, then the request for the appeal shall be deemed denied.

(g)

Effects of Denial

No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances or in the proposal. A change is "material" if it could reasonably be expected to lead to a different conclusion in light of the reasons for denial of the prior application. Denial decisions may be appealed to the circuit court under Wis. Stats. § 62.23(7)(e)10.

(h)

Limited Effect on a Favorable Ruling on an Appeal

1.

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

2.

A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of three hundred sixty-five (365) consecutive days or more per Subsection (15) below. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this three hundred sixty-five (365) day period of time.

(13)

Revocation of an Approved Conditional Use

(a)

Upon approval, the applicant shall demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per Section 10.10.43. Once a conditional use is granted, no erosion control permit, site plan, certificate of occupancy, or building permit shall be issued for any development which does not comply with all requirements of this Title.

(b)

Any conditional use found not to be in compliance with the terms of this shall be considered in violation of this Title and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Plan Commission, following the procedures outlined in Subsections (4) through (9), above. The City shall provide the property owner with appropriately served notice to consider revocation. City staff shall provide written findings of fact in relation to the factors listed in Subsection (8).

(14)

Time Limits on the Development of Conditional Use

(a)

Unless extended as a condition of approval, the start of construction of any and all conditional uses shall be initiated within three hundred sixty-five (365) days of their approval by the Plan Commission and shall be operational within seven hundred thirty (730) days of said approval. For the purposes of this Section, "operational" shall be defined as the granting of a certificate of occupancy for the conditional use.

(b)

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

(c)

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

(15)

Discontinuing an Approved Conditional Use

Any and all conditional uses which have been discontinued for a period exceeding three hundred sixty-five (365) days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.

(16)

Change of Ownership

All requirements and conditions of the approved regular conditional use shall be continued regardless of ownership of the subject property.

(17)

Modification, Alteration, or Expansion

Modification, alteration, or expansion of any conditional use without approval per the process in this Subsection shall be considered in violation of this Title and shall be grounds for revocation of said conditional use approval in accordance with Subsection (13), above.

(18)

Recording of Conditional Use Requirements

A certified copy of the authorizing resolution, containing an identifiable description and any specific requirements of approval, shall be recorded by the City with the Register of Deeds for the subject property.

(19)

Formerly Approved Conditional Uses

A use now regulated as a conditional use which was approved as a permitted land use, either permitted by right or as a conditional use, prior to the effective date of this Chapter, shall be considered as a legal, conforming land use so long as the previously approved conditions of use and previously approved site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and City consideration under this Section.

(Ord. No. O1657, §§ 144—150, 6-17-2025)

(1)

Purpose

The purpose of this Section is to determine compliance with this Chapter for any new land use, any change in land use, and any development or land disturbing activity (e.g., structure, paving, grading). The purpose of this Section is also to determine if other procedures are needed per the requirements of this Article. A Zoning Permit may be waived if other application processes are necessary, including some instances of building permits, site plans, and conditional use permits.

(2)

Applicability

A Zoning Permit shall be required for any of the following activities:

(a)

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

(b)

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

(c)

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

(d)

The addition of a structure that increases impervious surface area.

(e)

Any site alteration that alters grades and/or site drainage patterns within five (5) feet of a lot line.

(f)

Installation of a new or replacement fence.

(g)

Commencement of mining or excavation on a parcel of land.

(3)

Application

Applications for a Zoning Permit shall contain all of the following, if applicable (digital files should shall be submitted whenever possible):

(a)

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

(b)

Address of the subject site.

(c)

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

(d)

Zoning district within which the subject site lies.

(e)

Type of existing and proposed structure(s).

(f)

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

(g)

Drawing indicating existing and proposed setbacks with impervious surface ratio calculation.

(h)

Submittal of a site plan in accordance with Section 10.10.43 if there is to be any grading within five (5) feet of a lot line.

(i)

Number of employees.

(j)

Statement indicating how any contingencies of approval are addressed.

(k)

Additional information as may be required by the City Engineer or Zoning Administrator.

(4)

Action by Zoning Administrator

A Zoning Permit shall be granted or denied by the Zoning Administrator, in writing within 30 days of the application, and the applicant shall post such permit in a conspicuous place at the site. Any permit issued in conflict with the provisions of the Chapter shall be null and void.

(5)

Time Limits on Zoning Permits

The work shall begin within 365 days of approval and be completed within 730 days. Time limits for Conditional Use Permits and Variances may be established at the time of approval. All other permits shall meet the timelines required at the time of issuance as listed elsewhere in this Chapter.

(Ord. No. O1657, § 151, 6-17-2025)

See Chapter 11 of the City of Middleton Municipal Code for Certificate of Occupancy procedures and administration.

(1)

Purpose

The purpose of this Section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this Section are designed to ensure that proposed land uses and development activity complies with the requirements of this Chapter.

(2)

Site Restrictions

(a)

Establishment of Grades

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

(b)

Preservation of Topography

1.

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

a.

Alter the existing drainage or topography in any way as to adversely affect the adjoining property.

b.

Except as authorized by City staff, the topography within five (5) feet of any property line at the commencement of any development shall remain unchanged.

i.

When land disturbing activities associated with development occur within five (5) feet of any property line, finished grades in that area shall be restored to the topography in existence before the land disturbing activity began. A positive slope of 1/2 inch per one (1) foot horizontal within five (5) feet of the property line is allowed to provide proper drainage away from a one- or two-family residence.

ii.

The established grade of the adjoining property shall determine the finished grade at the property line for any development. The owner of the property under development bears the burden of proof as to the established grade at the property line and the topography within five (5) feet of the property line.

iii.

The City Engineer shall be consulted prior to the approval of plans that result in changes to the existing topography at and within five (5) feet of any property line if that plan would promote the purposes of this Chapter.

(c)

Unsuitable Land

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

(d)

Lot Regulations

1.

All lots shall abut upon a public street, and each lot shall have a minimum frontage and area as set forth in Article II.

2.

All principal structures shall be located on a lot, and only one (1) principal structure shall be located, erected, or moved onto a lot, except for any situation in accordance with the Group Development Section 10.06.02.

(e)

Private Sewer and Water

In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with Wis. Admin. Code § Ch. COMM 83.

(3)

Applicability

Site plan review and approval shall be required for changes to site characteristics in Subsections (5)(c) through (i), below, including:

(a)

Multi-family residential, mixed use, commercial, institutional (except for passive outdoor recreation), industrial, storage, transportation, telecommunications, extraction and disposal, and energy production land uses where new or replacement structures or uses are proposed that are governed by this ordinance.

(b)

Other residential land uses and accessory land uses that affect site drainage patterns.

(c)

Uses within a Specific Implementation Plan in a Planned Unit Development in accordance with the procedures of Section 10.10.45, provided that the Specific Implementation Plan provides a similar level of detail and range of plans as a typical site plan submittal required under this Chapter.

(4)

Pre-Application Conference

Prior to formal submittal of a site plan application, the applicant shall confer with the Zoning Administrator, in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the technical requirements and procedures for processing the site plan application. A timetable for project review may also be discussed.

(5)

Application

A site plan application may be considered complete if it contains all of the requirements of Subsections (a) through (i), below, unless specific application requirements are waived in writing by the Zoning Administrator. Maps depicting the following information shall be prepared (digital files shall be submitted whenever possible, if applicable).

(a)

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

1.

Name and complete contact information for the applicant, landowner, developer, and project engineer or planner.

2.

Development title.

3.

Legal description and tax parcel identification number of the subject property.

4.

Existing zoning district(s) and proposed zoning district(s), if different.

5.

Existing and proposed land uses.

6.

Projected number of residents, employees, and/or daily customers.

7.

Proposed number of dwelling units and density.

8.

Demonstration of compliance with the applicable standards and requirements of this Chapter.

9.

Demonstration of compliance with the City's land dedication or fee in-lieu of land dedication requirements of City of Middleton Ordinance Fee Schedule.

10.

Fencing materials (Section 10.06.40).

11.

Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties.

(b)

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

(c)

Pre-Development Site Information

A map to scale shall depict the following information:

1.

The signature of the surveyor, engineer, or architect responsible for site plan preparation along with revision dates.

2.

Location of all existing structures within fifty (50) feet of the property boundaries.

3.

Existing property lines and setback lines.

4.

Existing structures and paved areas.

5.

Existing right-of-way lines with bearings and dimensions clearly labeled, including names of adjacent or surrounding streets.

6.

Existing easements and utilities.

7.

Existing and proposed topography with a maximum contour interval of two (2) feet, except where existing ground is on a slope of less than two (2) percent where one (1) foot contours shall be shown.

8.

Existing on-site soil classification.

9.

The outer edges of all natural resource areas (i.e. floodplains, shorelands, wetlands, wetland buffers, environmental corridors, drainageways, woodlands, steep slopes).

10.

The location, size, and type (common and scientific) of all trees to be saved and/or removed. This information shall be shown on the Existing Conditions Survey, the Demolition Plan, and the Erosion Control/Grading Plan that are submitted with the application.

(d)

Proposed Post-Development Site Information

A map to scale shall depict the following information:

1.

Property lines and setback lines.

2.

Location of all proposed structures and use areas, including but not limited to paved areas, building entrances, walks, drives, decks, patios, fences, utility poles, and drainage facilities.

3.

Proposed right-of-way lines with bearings and dimensions clearly labeled.

4.

Proposed access points onto public streets and access drives on the subject property, including driveway widths with flares on driveway aprons to public streets.

5.

Location of any existing and proposed sidewalks with grade elevations.

6.

Location and dimension of all on-site parking (and off-site provisions if they are to be employed), including a summary of the number of parking stalls provided.

7.

Location of all proposed parking and traffic circulation areas, including any proposed or existing stop signs in private driveways.

8.

Location and configuration of all visibility triangles proposed on the subject property.

9.

Location and dimension of all loading and service areas on the subject property.

10.

Location of all outdoor storage areas and the design of all screening devices.

11.

Location of all rooftop, wall-mounted, and ground-mounted mechanical equipment, and the design of all screening devices.

12.

Location and type of all stormwater facilities and management approach to be employed and a copy of the proposed maintenance agreement. See Chapters 19 and 26 of the City of Middleton Municipal Code.

13.

Location of snow storage areas, except for single-family and two-family residential.

14.

Proposed easement lines and dimensions with a key provided and explained as to ownership and purpose. Easement documents governing public access or cross access shall be provided for review.

15.

Location and size of all gas, electric, cable, water, storm and sanitary utilities serving the parcel.

16.

Location, type, height, size, and lighting of all signage on the subject property.

17.

In the legend, include the following data for the subject property: lot area, flood area, impervious surface area, impervious surface ratio, and building heights.

(e)

Detailed Landscaping Plan

If required, a landscape plan depicting the location, type, and size at time of planting of all landscaping features as required in Section 10.08.20.

(f)

Grading and Erosion Control Plan

Scaled drawing depicting existing and proposed grades, including retention walls and related devices, and erosion control measures. Written erosion control plan indicating pre-site disturbance elements, maintenance and inspection timing of same during construction, provisions for temporary stabilization during construction and final stabilization plan. See Chapter 26 and 28 of the City of Middleton Municipal Code for requirements.

(g)

Elevation Drawings

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

1.

Elevations of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment and all rooftop, wall-mounted, and ground-mounted mechanical equipment.

2.

Depict exterior materials, texture, color, and overall appearance.

3.

Perspective renderings of the proposed project and/or photos of similar structures may also be submitted, but not in-lieu of drawings showing the actual intended appearance of the building(s).

(h)

Photometric Plan

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

1.

Location, type, height, design, illumination power, and orientation of all exterior lighting on the subject property.

2.

Impact of lighting across the entire property to the property lines rounding to the nearest 0.10 foot-candles.

(i)

Operational Plan

1.

Describe the proposed hours of operation and traffic generation.

2.

Procedures for snow removal, except for single- and two-family residential.

(6)

Review and Approval

(a)

The Zoning Administrator or designee shall determine whether the site plan application is complete and fulfills the requirements of this Chapter, including all standards of the applicable zoning district. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

(b)

The Zoning Administrator or designee shall coordinate review of completed applications with City Departments and notify the applicant of any deficiencies to correct before resubmittal.

(c)

Upon completion of staff review of a submittal (or resubmittal, if necessary), staff shall provide a recommendation to the Plan Commission.

(d)

The Plan Commission shall consider the staff recommendation and may take final action on the site plan or request modifications based on standards in this Chapter before taking final action.

(7)

Adjustments to Approved Site Plans

(a)

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

1.

A proposed adjustment that would add to or relocate amenity site elements which are not required such as additional non-required landscaping.

2.

A proposed adjustment that would erase approved site development components which are not required such as a building, a portion of a building, an area of non-required landscaping, or a non-required paved area.

(b)

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

1.

A proposed adjustment that would erase and/or relocate approved site development components which are required such as a stormwater management feature, required landscaping, or required paved areas.

2.

A proposed adjustment that would expand and/or add any areas of development (building or paving) similar to the definition of Design Alternation Review or Project Review (Section 10.10.44(2)).

(c)

If a new site plan is required, and the site plan is a required component of a Conditional Use Permit or a Specific Implementation Plan, an amended (in essence, a new) Conditional Use Permit or Specific Implementation Plan is required.

(d)

If the proposed development involves adding one (1) or more land use categories which are not permitted by right in the zoning district or under the list of permitted by right uses in a Conditional Use Permit or General Development Plan, a new Conditional Use Permit or General Development Plan is required.

(Ord. No. O1657, §§ 152—157, 6-17-2025)

(1)

Purpose and Scope

The purpose of this section is to specify the procedures for the review and approval of projects in special areas as defined in Section 10.02.84. The design standards of this Chapter are intended to preserve and enhance the aesthetic qualities (historical and visual) of the community and attain a consistent visually pleasing image for the City. Special Area Design Review is designed to enhance both aesthetic and economic objectives of the City by guiding the site design and exterior appearance of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure the long-term progress and broad participation toward these principles.

(2)

Downtown Design Overlay Zoning District Procedure for Review and Approval

There are three categories of review: Renovation Review, Design Alteration Review, and Project Review. These procedures do not apply to any modifications to the interior of a building or structure. See Figure 10.10.44a below for a summary of the processes.

Figure 10.10.44a: Process for Special Area Design Review

(a)

Renovation Review

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

(b)

Design Alteration Review

Applications which involve a change in the exterior appearance of a nonresidential or multi-family property (such as painting, roofing, siding, architectural component substitution, fencing, paving, or signage) but no modification to the physical configuration of a property are considered Design Alteration Review and are subject to review and approval by the Zoning Administrator.

1.

Procedure

Design Alteration Review proposals are subject to the following procedures:

a.

The Zoning Administrator shall determine whether the Design Alteration Review application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Zoning Administrator, shall notify the applicant.

b.

The Zoning Administrator shall coordinate review with the City's Departments.

c.

The Zoning Administrator shall review and approve or deny the application.

2.

Application requirements

In addition to the application requirements for site plan review, all applications for Design Alteration Review shall be made to the Zoning Administrator, and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following, unless specifically waived in writing by the Zoning Administrator:

a.

A depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City.

b.

A depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City.

c.

A written description of the proposed modification, including a complete listing of proposed components, materials, and colors.

d.

Written justification for the proposed alteration consisting of the reasons why the applicant believes the requested alteration is in harmony with the building design standards of the Downtown Historic Mixed-Use Zoning District (Section 10.07.50), if applicable.

3.

At his/her discretion, the Zoning Administrator, may forward the Design Alteration Review application to the Plan Commission for review and final determination.

(c)

Project Review

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

1.

Procedure

Project review proposals shall follow procedures for Site Plan Review per Section 10.10.43.

2.

Application requirements

In addition to the application requirements for conditional use permits, all applications for Project Review shall be made to the Zoning Administrator, and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following, unless specifically waived in writing by the Zoning Administrator:

a.

A depiction of the existing appearance of the property. Color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City.

b.

A depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City.

c.

For all projects involving a new building, or an addition exceeding 100 square feet of gross floor area that reduces or extends a building's footprint or height, a detailed, scaled site plan shall be provided meeting all required elements of Section 10.10.43.

d.

Written justification for the proposed alteration or new construction consisting of the reasons why the applicant believes the requested alteration or new construction is in harmony with the applicable building design standards for Special Areas in Section 10.07.50.

(d)

Additional Recommendations Permitted Under the Special Area Design Review Process

1.

The Zoning Administrator is hereby authorized to make recommendations for, or require modifications to, a proposed application for Renovation Review, Design Alteration Review, or Project Review.

2.

The Plan Commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for Design Alteration Review and Project Review.

3.

The Landmarks Commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for Design Alteration Review and Project Review for locally-recognized landmarks, properties that contribute to a Local, State, or National Historic District, or properties that are individually listed on the Local, State, or National Register of Historic Places.

(e)

Appeals

Appeals from the decisions of the Zoning Administrator and Plan Commission may be made to the Common Council in accordance with the provisions of Section 10.10.52.

(Ord. No. O1657, § 158, 6-17-2025)

(1)

Purpose

The purpose of this Section is to provide regulations which govern the procedures for the review and approval or denial of proposed Planned Unit Developments.

(2)

Initiation of Request

Proceedings for approval of a Planned Unit Development may be initiated by any of the following:

(a)

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

(b)

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

(c)

By action of the Common Council.

(3)

Procedure for Planned Unit Development Review

The procedure for zoning to a Planned Unit Development (PUD) district shall follow the Zoning Map Amendment procedure included in Section 10.10.30, except that the Criteria for Approval in this subsection shall replace the Findings of Fact in Section 10.10.30(4)(b). The Planned Unit Development procedure shall also be subject to the following additional requirements.

(a)

Pre-Application Conference

Prior to formal petition for zoning to a PUD district, the applicant shall confer with appropriate City staff in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the requirements for processing. Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the City, but should be considered as the informal, non-binding basis for proceeding to the next step.

(b)

Concept Plan Review

Upon completion of the pre-application conference, described above, the applicant shall prepare a conceptual plan for review with the Plan Commission, pursuant to Section 10.10.23. Points of discussion and conclusions reached at this stage of the process shall be in no way binding upon the applicant or the City, but should be considered as the informal, non-binding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal application for rezoning, which accompanies the General Development Plan application (see Subsection (3)(c), below).

(c)

General Development Plan Review

The applicant shall submit a General Development Plan (GDP) to the Zoning Administrator, for determination of completeness. Upon determination of completeness by the Zoning Administrator, the GDP shall be placed on the Plan Commission agenda for review. Adoption of the GDP establishes the new zoning classification for the property.

1.

The GDP submittal shall include the following items (digital files shall be submitted whenever possible):

a.

General location map of the subject site depicting:

i.

All lands for which the Planned Unit Development is proposed and all other lands within one hundred (100) feet of the boundaries of the subject site.

ii.

Current zoning of the subject site and abutting properties, and the jurisdiction(s) in which the properties are located.

iii.

A graphic scale and a north arrow.

b.

Generalized site plan showing the pattern or proposed land uses, including:

i.

General size, shape, and arrangement of lots and specific use areas.

ii.

Basic street pattern and pattern of internal drives.

iii.

General site grading plan showing preliminary road grades.

iv.

Basic storm drainage pattern, including proposed on-site stormwater detention.

v.

General location of recreational and open space areas, including designation of any such areas to be classified as common or public open space.

c.

Statistical data, including:

i.

Minimum lot sizes in the development.

ii.

Approximate areas of all lots.

iii.

Density/intensity of various parts of the development.

iv.

Building coverage.

v.

Landscaping surface area ratio of all land uses.

vi.

Expected staging.

d.

Conceptual landscaping plan, noting approximate locations of foundation, street, yard, and paving landscaping, and comparing the proposed landscaping plan to the standard landscaping requirements in Article VIII of this ordinance.

e.

General signage plan, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which may or may not be proposed to vary from City standards.

f.

General outline of property owner's association, covenants, easements, and deed restrictions.

g.

A written description of the proposed Planned Unit Development, including:

i.

General project themes and images.

ii.

The general mix of dwelling unit types and/or land uses.

iii.

Approximate residential densities and nonresidential intensities as described by dwelling units per acre and/or landscaping surface area ratio.

iv.

General treatment of natural features.

v.

General relationship to nearby properties and public streets.

vi.

General relationship of the project to the Comprehensive Plan and any applicable neighborhood or corridor plans.

vii.

Proposed exceptions from the requirements of this Chapter.

h.

A statement of rationale as to why PUD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant's opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PUD project.

i.

A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur.

j.

Traffic Impact Analysis. The City may require that a traffic impact analysis (TIA) be completed in accordance with Section 10.06.03(15)(c).

k.

A utility study to determine adequacy of water and sewer services.

2.

The Plan Commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above.

3.

If all required application materials are provided, the GDP and SIP may be submitted and reviewed concurrently.

4.

Review and Approval; Findings of Fact: In its review and action on an application for a Planned Development district, the Plan Commission shall make findings of fact with respect to the following criteria:

1.

The proposed Planned Unit Development project advances the purposes of this Chapter as outlined in Section 10.01.03 and the applicable rules of the Wisconsin Department of Administration.

2.

The proposed Planned Unit Development project is consistent with the City's Comprehensive Plan and other area plans.

3.

The proposed Planned Unit Development project will maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site.

4.

Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Unit Development project, including but not limited to public sewer and water and public roads.

5.

The proposed Planned Unit Development project will incorporate appropriate and adequate buffers and transitions between areas of difference land uses and development densities/intensities.

6.

The proposed Planned Unit Development project design does not detract from areas of natural beauty surrounding the site.

7.

The proposed architecture and character of the proposed Planned Unit Development project is compatible with adjacent/nearby development.

8.

The proposed Planned Unit Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area.

9.

The proposed Planned Unit Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter.

10.

For Planned Unit Development projects that are proposed to be developed in phases, the applicant shall provide a timeline for development and shall demonstrate that the project would be successful even if all phases were not or could not be completed.

5.

Rezonings to PUD on the basis of an approved General Development Plan shall revert to prior zoning if a Specific Implementation Plan is not approved within five years from date of filing. Extensions may be granted for cause by the Plan Commission. Records of extensions shall be recorded in the City file on the PUD District.

(d)

Specific Implementation Plan.

Upon completion of the GDP review process, described above, the applicant shall submit a Specific Implementation Plan (SIP) to the Zoning Administrator, for determination of completeness. Upon determination of completeness by the Zoning Administrator, the SIP shall be placed on the Plan Commission agenda for SIP review. The SIP is the detailed development review step of the Planned Development process and is analogous to the Site Plan Review that is applicable to a standard non-residential zoning district. The approved SIP submittal establishes the final design of the project. Any proposal to vary from an approved SIP requires the approval of an amended SIP in accordance with all of the requirements of this Subsection (3)(d) and (3)(f) below.

1.

The SIP submittal shall include the following items. Note that the area included in a SIP may be only a portion of the area included in a previously approved GDP (digital files shall be submitted whenever possible).

a.

An existing conditions map of the subject site depicting the following:

i.

All lands for which the Planned Unit Development is proposed and all other lands within one hundred (100) feet of the boundaries of the subject site.

ii.

Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control.

iii.

Existing utilities and recorded easements.

iv.

All lot dimensions of the subject site.

v.

A graphic scale and a north arrow.

b.

A SIP map of the proposed site showing at least the following:

i.

Lot layout and the arrangements of buildings.

ii.

Public and private roads, driveways, walkways, and parking facilities.

iii.

Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common or public open space.

c.

Proposed grading plan.

d.

Specific landscaping plan for the subject site, specifying the location, species, and installation size of all plantings. The landscaping plans shall include a table summarizing all proposed species.

e.

Architectural plans for any nonresidential buildings, multi-family structures, or group development, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.

f.

Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and walkways.

i.

Traffic Impact Analysis. The City may require that a traffic impact analysis (TIA) be completed in accordance with Section 10.06.03(15)(c).

ii.

The City may require a utility study to determine adequacy of water and sewer services.

g.

Signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) that may vary from City standards or common practices.

h.

Specific written description of the proposed SIP including:

i.

Specific project themes and images.

ii.

Specific mix of dwelling unit types and/or land uses.

iii.

Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity.

iv.

Specific treatment of natural features, including parkland.

v.

Specific relationship to nearby properties and public streets.

vi.

Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by the Plan Commission.

vii.

Phasing schedule, if more than one development phase is intended.

i.

Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.

j.

A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP.

2.

The Zoning Administrator or by majority vote of the Plan Commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above, except that the requirement to demonstrate consistency with the approved GDP may not be waived.

3.

The process for review and approval of the SIP shall be identical to that for Site Plan Review per Section 10.10.43 provided that the Plan Commission makes the determination that the SIP is reasonably consistent with the approved GDP.

4.

Specific Implementation Plan approval lapses five years after its effective date if substantial development progress has not occurred. The Plan Commission may grant extensions for good cause.

(e)

Changes or Alterations

Any change of the PUD plans subsequent to approval of the SIP shall be submitted to the Zoning Administrator.

1.

If the Zoning Administrator, determines that the change constitutes a substantial modification, the developer will be required to amend the SIP, and if necessary, the GDP, following the procedures set forth in this Section for review and approvals. A substantial modification includes but may not be limited to an increase in the site's impervious surface ratio, a change to the building elevation that is distinctly noticeable from surrounding properties, or a deviation from standards applicable to the most equivalent zoning district pertaining to the land use.

2.

If, in the opinion of the Zoning Administrator, such changes do not constitute a substantial alteration of either the GDP or SIP, the change may be accomplished by approval of the Zoning Administrator. Such approved changes or modifications shall be documented and recorded in the official file of the City on the PUD.

(Ord. No. O1657, § 159, 6-17-2025)

(1)

Purpose

The purpose of this Section is to assign responsibility for the official interpretation of the provisions of this Chapter, and to describe the required procedure for securing such interpretation.

(2)

Initiation of Request for an Interpretation

Proceedings for an interpretation may be initiated by any of the following four (4) methods:

(a)

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

(b)

A recommendation of the Plan Commission to the Common Council.

(c)

By action of the Common Council.

(d)

By request of the Zoning Administrator.

(3)

Application

The Zoning Administrator may require a zoning interpretation application that contains any of the following:

(a)

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

(b)

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

1.

A map of the subject property depicting:

a.

All lands for which the interpretation is requested and all other lands within one hundred (100) feet of the boundaries of the subject property.

b.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.

c.

All lot dimensions of the subject property.

d.

A graphic scale and a north arrow.

2.

A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property.

3.

A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of Section 10.10.43.

(c)

If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this Chapter, the applicant shall provide written responses to the following questions:

1.

How is the subject land use in general harmony with the purposes, goals, objectives, policies and standards of the City's Comprehensive Plan, this Chapter, and any other plan, program, or ordinance adopted by the City?

2.

How is the subject land use in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought?

(4)

Review by Zoning Administrator, if Applicable

(a)

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

(b)

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

(c)

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

(5)

Standards for Review, if Applicable

This Chapter shall be interpreted in a manner which is consistent with the purposes intended by the Common Council as noted in this Chapter and the Comprehensive Plan. The intent of the standards and supporting definitions of this Chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. To this end, those called upon to interpret this Chapter shall proceed as follows:

(a)

Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required.

(b)

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

(c)

Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal. If an interpretation would merely allow a design solution that is slightly different from the one expressly stated or permitted, and if it would result in a same or greater degree of protection to any affected party (i.e. the abutting landowners, the public at large, and/or a future property owner or renter), such an interpretation may be appropriately made. Any interpretation which would result in any identifiable loss of protection for one (1) group to the benefit of others is contrary to the spirit of this Chapter. Similarly, any interpretation which would either increase the nuisance potential of any use or alter the purpose for which the regulation was adopted shall be considered counter to the legislative intent of this Chapter. Any interpretation which will result in any reduction of a normally required bufferyard or increase in intensity beyond that already permitted shall only be made by the Zoning Administrator.

(d)

In addition to the applicant's response to the questions required by Subsections (5)(a) through (c), above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:

1.

No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Common Council on an application for an amendment to the Zoning Ordinance, the Official Zoning Map, or a previously applied for appeal from a requested interpretation.

2.

No interpretation shall permit a land use listed as a use permitted by right, a special use, or a conditional use in another zoning district if the use is not listed as permitted or conditional in the zoning district of the subject property (see Article II).

3.

No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property's zoning district (see Article II).

4.

No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district, or permitted in a more intensive district in the same zoning district category (see Article II).

5.

If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to Section 10.10.32.

(6)

Effect of a Favorable Land Use Interpretation, if Applicable

No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals which may be required by this Chapter. These permits and approvals include, but are not limited to, required site plans, special use permits, conditional uses, and certificates of occupancy.

(7)

Limitations on Favorable Land Use Interpretation, if Applicable

(a)

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

(b)

An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of three hundred sixty-five (365) consecutive days or more.

(Ord. No. O1657, § 160, 6-17-2025)

(1)

Purpose

The purpose of this Section is to provide regulations which enable the City to hear and decide requests for permitted variation from the terms of this Chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this Chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this Chapter shall be observed, public safety and welfare secured, and substantial justice done; as provided for by Wis. Stat. § 62.23(7)(e)(7).

(2)

Variance Types

Variances from the regulations of this title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in this Section. Variances may be granted only if the existing use of the building or property is a permitted use in the district where the requested variance is located or a conditional use for the activity has been approved by the Common Council. Variances may be granted only in the following instances and in no others:

(a)

Area Variances

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

1.

To permit any yard or setback less than a yard or a setback required by the applicable regulations;

2.

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than eighty (80) percent of the required area and width;

3.

To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of the facility by each user does not take place at approximately the same hours of the same days of the week;

4.

To reduce the applicable off-street parking or loading facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater;

5.

To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served;

6.

To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations;

7.

To permit a reasonable variation in the height restrictions on fences; and

8.

To permit reconstruction, remodeling or additions necessary for the physical well-being of a person so handicapped as to make the structure unsuitable in its present configuration for this person's safe or reasonable use;

9.

To permit a detached accessory building or structure to be constructed to a height in excess of the principal building or structure.

(b)

Use Variance

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

1.

To allow a principal land use not listed within the Zoning District for the subject property where none of the allowed principal land uses can be reasonably established.

(3)

Initiation of Request for Approval of a Variance

Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property.

(4)

Application

Variance applications shall contain the following (digital files shall be submitted whenever possible, if applicable):

(a)

A map of the subject property depicting:

1.

All lands for which the variance is proposed and all other lands within one hundred (100) feet of the boundaries of the subject property.

2.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.

3.

All lot dimensions of the subject property.

4.

A graphic scale and a north arrow.

(b)

A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of Section 10.10.43.

(c)

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

(5)

Review by the Zoning Administrator

(a)

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

(b)

The Zoning Administrator shall review the application and prepare a written report including the following:

1.

Evaluate whether the request is in harmony with the Comprehensive Plan or other relevant plans.

2.

Evaluate the request based upon the criteria used by the Zoning Board of Appeals in their review see Subsection (7) below and Wis. Stat. § 62.23(7)(e)7.

(6)

Public Hearing

Within sixty (60) days of filing of a complete application, the Zoning Board of Appeals shall hold a public hearing in compliance with Section 10.10.21 consider the request.

(7)

Review and Action by the Zoning Board of Appeals

(a)

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

1.

The variance will not be contrary to the public interest.

2.

Substantial justice will be done by granting the variance.

3.

The variance is needed so that the spirit of the ordinance is observed.

4.

Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship to the applicant.

5.

The variance will not allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

6.

Additional Standards

a.

Parcel-as-a-whole

The entire parcel, not just a portion of the parcel, shall be considered when applying the unnecessary hardship test.

b.

Self-imposed Hardship

An applicant may not claim hardship because of conditions which are self-imposed.

c.

Circumstances of Applicant

Circumstances of an applicant such as growing family or desire for a larger garage are not a factor is deciding variances.

d.

Financial Hardship

Economic loss or financial hardship do not justify a variance.

e.

Nearby Violations

Nearby ordinance violations, even if similar to the requested variance, do not provide grounds for granting a variance.

f.

Objections from Neighbors

A lack of objections from neighbors does not provide a basis for granting a variance.

(b)

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

(c)

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

(8)

Effect of Denial

No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of three hundred sixty-five (365) days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Zoning Administrator.

(9)

Limited Effect of a Variance

Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted, and shall not be construed as precedent for any other proposed variance. Once granted, variances shall run in perpetuity, and shall remain in effect regardless of any future amendments to the Zoning Ordinance or Official Zoning Map.

(10)

Stay of Proceedings

See Wis. Stat. § 62.23(7)(e)5.

(11)

See Sections 10.02.81-10.02.87 for variance requirements applicable to Overlay Zoning Districts.

(Ord. No. O1657, § 161, 6-17-2025)

(1)

Purpose

The purpose of this Section is to provide regulations which enable the City to hear and decide requests for appeals from the interpretations of the Zoning Administrator, per Section 10.10.50 as provided for by Wis. Stat. § 62.23(7)(e)(7).

(2)

Any person aggrieved by a decision of the Zoning Administrator shall be entitled to an appeal in accordance with the process as described in Section 10.10.51.

Determinations necessary for administration and enforcement of performance standards set forth in this Article range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Chapter that:

(1)

Where determinations can be made by the Zoning Administrator, using equipment available to the City, such determinations shall be so made before notice of violations is issued (see Article VI for technical standards).

(1)

Declarations of Unlawful Conduct, Activities, and Conditions

(a)

It shall be unlawful for any building or structure to be erected, construction, placed, moved, or structurally altered, or for any use of land, premises, building or structure to be established or changed in violation of the provisions of this Ordinance.

(b)

It shall be unlawful to fail to comply with any standard of this Ordinance or with any condition or qualification placed upon the issuance of a permit or approval or variance granted in due course under this Ordinance.

(2)

Liability

(a)

Owners of lands or properties are responsible for compliance with all provisions of this Ordinance which bear upon their area of competency and responsibility.

(b)

Any such party who violates or aids or abets in a violation shall be liable to prosecution or remedial action.

(c)

This Chapter applies fully to all lands, developments, and activities unless specifically exempted by state or federal law.

(3)

Investigation of Compliance, Notice of Violations

(a)

The Zoning Administrator is responsible for inspecting and investigating compliance of land use activities with the terms of this Ordinance.

(b)

If, upon such inspection or investigation, the Zoning Administrator becomes aware of a condition which he or she concludes is or is likely to become unlawful, the Zoning Administrator shall immediately notify the parties to the situation whom he or she deems to be responsible and potentially liable. Such notice shall include:

1.

A demand that the condition that is alleged to constitute the present or potential violation be halted, prevented from occurring or remedied; or

2.

A statement that a complaint on the condition and request for prosecution has been or will be transmitted to the City Attorney and/or to enforcement officials, state agencies, or both.

(c)

If an enforcement demand is issued and is not complied with, the Zoning Administrator may file a request for prosecution with the City Attorney, unless an administrative appeal has been commenced and a stay order has been issued. See Section 10.10.60(4)(e) below.

(4)

Prosecutions, Injunctions, and Penalties in Court Proceedings

(a)

The City Attorney has responsibility to prosecute violations of this Ordinance on behalf of the City.

(b)

Nothing in this Section shall be deemed to prevent private prosecutions of violations of this Chapter pursuant to Wis. Stat. § 62.23(7) and (8) or of other sections of the Wisconsin Statutes or common law.

(c)

Forfeitures and penalties for violation of the provisions contained within this Ordinance are found in Chapter 30.04(1)(a) of the Municipal Code, which is adopted herein by reference and made a part of this Ordinance.

(d)

As a substitute for, or an addition to, forfeiture actions, the City Attorney may, on behalf of the City, seek enforcement of any and all parts of his Ordinance by court actions seeking injunction or restraining orders.

(e)

City officials designated in this City of Middleton Citation Enforcement Ordinance (see Chapter 2.25 of the Municipal Code), may issue citations, as provided therein, for violations of portions of this Ordinance.

(5)

Other Enforcement Provisions

(a)

Where an approval has been made subject to specified conditions, and where such conditions are not complied with, the Board of Zoning Appeals may conduct a hearing pursuant to this Chapter upon a petition submitted by any interested party or by the Zoning Administrator to revoke the approval. A finding of non-compliance with the conditions imposed shall be grounds for revocation.

(b)

Relationship to Nuisance Actions

No provision of this Ordinance shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance upon the laws of the State of Wisconsin.

(c)

Conditions placed on rezonings, approvals or permits may include requirements of bonds or similar surety arrangements to assure performance of required obligations.

(6)

Promulgated Correction of Violation

In addition to any other penalty imposed for a violation of the provisions of this Chapter, the City reserves and maintains the continued right to abate violations of this Chapter. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred.

(1)

Fees

Fees for all approvals, appeals or permits under this Chapter, unless otherwise specified, shall be as set forth in the Fee Schedule under Chapter 3.12 of the Municipal Code.

(2)

Escrow Deposits

(a)

In addition to the fees specified in Subsection (1) above, applicants for all Zoning Amendments, Conditional Use Permits, Planned Unit Developments, and modifications shall be responsible to pay the actual cost of review of the application charged to the City by other agencies, or by outside consultants hired by the City including but not limited to Federal, State, or County Departments and Madison Metropolitan Sewerage District, Attorneys, Engineers, or Planners. Upon application, the applicant shall deposit an amount set forth in the Fee Schedule under Chapter 3.12 of the Municipal Code to be held in escrow upon which the City shall draw to pay for said costs as they are incurred during the course of reviewing the application. Itemized statements reflecting the amounts drawn from the deposit shall be sent to the applicant each month. In the event that the escrow deposit has been drawn down to twenty-five (25) percent of the required amount, the applicant shall replenish the escrow deposit to its original amount. If any funds remain in the escrow deposit following final determination of the application, such remaining funds shall be returned to the applicant within sixty (60) days of the determination together with an accounting of the deposits and draws on the escrow.

(b)

Applicants may obtain a pre-application waiver of the required escrow deposit from the City Administrator if in the City Administrator's sole discretion, he or she determines that no consultant review will be required. Said waiver shall not preclude the City Administrator from employing an outside consultant, charging the costs of any consultant review to the applicant, or requiring an escrow deposit at any time after application.