Mount Pleasant City Zoning Code

Purpose. Preapplication meetings provide an early opportunity for staff and applicants to discuss the procedures, standards and regulations required for approval under this zoning chapter.

Applicability. Preapplication meetings are required whenever the provisions of this zoning chapter expressly state that they are required. They are encouraged in all cases.

Scheduling. Preapplication meetings must be scheduled with Community Development Department staff.

Guidelines. The Community Development Director is authorized to establish guidelines for preapplication meetings, including information to be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.

Applicability. The application and fee provisions of this section apply to zoning applications filed by eligible applicants.

Eligible applicants. When the procedures of this division allow an application to be filed by an eligible applicant, such application must be submitted by, or on behalf of, a person, firm, corporation or organization that has one or more of the following interests that are specifically enforceable in the land that is subject to the application:

Form of application. Applications required under this zoning chapter must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications must include materials and information to assist authorized review and decisionmaking bodies in their consideration of the application, including at least the following:

Fees and notification costs. All applications filed by property owners must be accompanied by the application fee that has been established by the Village Board. Application filing fees are intended to cover the cost of providing public hearing notices and other costs related to reviewing and processing applications. Such fees are nonrefundable and may include late fees, penalties, and fees for expedited processing. (See also Chapter 30 of the Village Code.)

Completeness, accuracy and sufficiency.

Purpose. Neighbor communications are required by the Zoning Board of Appeals, Plan Commission and Village Board to help:

When required. Neighbor communication summaries are required for Zoning Map amendments, conditional uses and variances.

Timing. Neighbor communication summaries must be submitted by applicants at or before the first required public hearing.

Contents. Required neighbor communication summaries must include a description of the following:

Published notice. Whenever the provisions of this zoning chapter require that published notice be provided, the notice must be published in accordance with Ch. 985, Wis. Stats.

Mailed notice.

Posted notice. Whenever the provisions of this zoning chapter require that notice signs be posted, the following requirements apply:

Courtesy notices. In addition to the forms of notice required to be provided by this zoning chapter, the Village may elect to provide additional forms of courtesy notification by, for example, mailing notice to neighborhood or business organizations, posting notices in Village Hall or other government buildings or providing notice via the internet.

Content of notices. All required hearing notices must:

Constructive notice.

The body conducting the hearing is authorized to establish reasonable rules and regulations governing the conduct of hearings and the presentation of information and comments.

Once commenced, a public hearing may be continued by the hearing body. No renotification is required if the continuance is set for a specified date and time and that date and time is announced at the time of the continuance.

If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing. If the applicant requests and is granted a continuance or postponement requiring renotification, the body conducting the hearing is authorized to require that the applicant pay any costs of renotification.

In taking action under the procedures of this division, review and decisionmaking bodies must act by simple majority vote of a quorum, unless otherwise expressly stated.

Review and decisionmaking bodies may take any action that is consistent with:

Review and decisionmaking bodies are authorized to continue a public hearing or defer action in order to receive additional information or conduct further deliberations.

The Community Development Director is designated as the Zoning Administrator. The Community Development Director is also authorized to delegate zoning administration duties to other staff of the Community Development Department.

The Zoning Administrator is responsible for administering, interpreting and enforcing the provisions of this zoning chapter, except as otherwise expressly stated in this zoning chapter.

The Zoning Administrator has all of the powers and authority necessary to perform required duties,

Upon receipt of the Plan Commission's recommendation, the Village Board must hold a public hearing on the proposed text amendment. Following the close of the public hearing, the Village Board must act to approve, approve with modifications or deny the proposed text amendment. If the Plan Commission's recommendation has not been forwarded to the Village Board within 60 days of referral of the proposed text amendment to the Plan Commission, the Village Board may hold the required hearing and take action without receipt of the recommendation.

If the Village Board does not take final action on a proposed zoning text amendment application within 90 days of the Village Board's public hearing, the amendment application is deemed to have been denied. This deemed-denied provision does not apply when the application is referred back to staff or the Plan Commission after the public hearing is held.

Published. Notice of the Village Board's public hearing on a Zoning Map amendment must be published in accordance with the Class 2 notice requirements of Ch. 985, Wis. Stats.

Mailed. Public hearing notices must be mailed to all of the following at least 10 days before the Village Board's public hearing:

Posted. Public hearing notice signs must be posted in accordance with the posted notice sign provisions of § 90-510.70.

Mandatory. Development plans are required (mandatory) for M-3 District Zoning Map amendments and Master Plan Development (MPD) Zoning Map amendments. They are also required for major amendments to existing planned developments (PDs). In acting on mandatory development plans, the Plan Commission is authorized to recommend and the Village Board is authorized to approve use and development limitations that comply with, are more restrictive than or, as may be permitted by the respective base district provisions of this zoning chapter, are less restrictive than the base zoning district regulations and otherwise applicable regulations of this zoning chapter.

Optional. Property owners may elect to submit a development plan with any Zoning Map amendment application. The optional development plan process is also used to process proposals to provide access to lots via a private street. In acting on optional development plans, the Plan Commission is authorized to recommend and the Village Board is authorized to approve use and development limitations that are at least as restrictive or are more restrictive than the base district zoning regulations. Optional development plans may not be used to obtain relief from otherwise applicable zoning chapter regulations.

Required. Site plan approval is required before the issuance of any permits for development or construction on any property included within the boundaries of any approved development plan.

Mandatory development plans. Unless a longer time period or a phasing plan is approved at the time of approval of a mandatory development plan, a complete application for site plan approval must be filed within five years of the date of mandatory development plan approval. If an application for site plan approval is not filed within the time required, no further site plans may be approved for the project until the owner of the subject property has filed the original or amended development plan for re-review and reconsideration by the Plan Commission and Village Board. Such re-review and reconsideration must follow the development plan review procedures of this division. Following re-review and reconsideration, the Plan Commission is authorized to recommend and the Village Board is authorized to approve any of the following actions based on surrounding land use patterns and other relevant information presented at the time of reconsideration by the Plan Commission and Village Board:

Optional development plans. The site plan filing deadline established in Subsection (b), does not apply to optional development plans.

Minor amendments.

Appeal of development plan minor amendment decisions. An appeal from any development plan minor amendment decision by the Plan Commission may be taken by any person aggrieved by such decision. Appeals are made to the Village Board by filing notice of appeal with the Village Clerk-Treasurer and with the Community Development Director within 10 days of the date of the decision being appealed. The appeal must specify the grounds of the appeal. Upon filing of the notice of appeal, the Plan Commission must transmit to the Village Board all papers constituting the record in the case, together with the decision of the Plan Commission. The Village Board must notify the applicant and all interested parties of the appeal hearing location, date and time.

Major amendments. Any amendment to an approved development plan that is not authorized as a minor amendment must be processed as a new development plan following the development plan approval procedure of this division, including all requirements for fees, notices and hearings.

Implement community policies on physical development;

Provide for efficient, rational allocation of scarce facilities and resources;

Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development;

Ensure the orderliness, quality and character of the development of property in the Village, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources; and

Ensure the fiscal health, stability, and security of the Village in regards to the potential tax base increase or decrease from the proposed development in comparison to the Village's financial obligations through development agreements or assumed future maintenance responsibilities. When the proposed development is in a Tax Increment District (TID), this review can include a review of the ability to meet TID projections or financial obligations.

Administrative site plans. This zoning chapter refers to site plan applications that meet the following criteria as "administrative site plans" and follow a one-step approval process: review and final action by the Community Development Director:

Plan Commission site plans. All site plan applications not classified as administrative site plans are referred to as "Plan Commission site plans" and must follow a two-step approval process: 1) review and recommendation by staff, and 2) review and final action by the Plan Commission. This zoning chapter requires Plan Commission site plan review for projects and activities for which the zoning chapter expressly requires a Plan Commission review.

Preapplication meeting. Before filing a site plan application, the applicant or the applicant's authorized agent must meet with the Community Development Director to discuss the proposed site plan and the applicable procedures.

Department and agency comments. Following receipt of a complete site plan application, the Community Development Director is authorized to request comments from any Village departments and external agencies who have regulatory responsibility or related interests in the review of the proposed site plan.

Administrative site plans.

Plan Commission site plans.

A building permit has been issued (if required);

The use or structure has been lawfully established; or

A different lapse of approval period or point of expiration has been expressly established by the decisionmaking body.

No permit may be issued for any development requiring site plan approval until a site plan has been submitted and approved for such development in accordance with this division.

No permanent certificate of occupancy may be issued for such development until all terms and conditions of the approved site plan have been satisfactorily completed or provided for.

Construction, grading, or other development activities may be carried out only in compliance with the approved site plan.

When a site plan has been approved for property pursuant to this section, the property must be used and maintained in compliance with the approved site plan. No person may use property in a manner or physical condition that does not conform to the approved site plan for such property.

An approved site plan may be amended in accordance with the site plan review procedures of this section. However, the Community Development Director is authorized to waive applicable review and approval procedures and fees if the Community Development Director determines that a proposed amendment involves only a minor change in the approved site plan. Any waiver by the Community Development Director must be in writing. The following constitutes a nonexhaustive list of changes that may qualify as minor changes:

Administrative site plans.

Plan Commission site plans. Any person aggrieved by a final site plan decision of the Plan Commission may appeal the decision with the Board of Zoning Appeals in accordance with state law.

Published. Notice of the Village Board's public hearing on a conditional use application must be published in accordance with the Class 2 notice requirements of Ch. 985, Wis. Stats.

Mailed. Public hearing notices must be mailed to all of the following at least 10 days before the Village Board's public hearing:

Posted. Public hearing notice signs must be posted in accordance with the posted notice sign provisions of § 90-510.70.

In reviewing and taking final action a proposed conditional use the Plan Commission and Village Board must review each application to determine whether the proposed use complies with regulations applicable to that specific use and with all other relevant provisions of this chapter.

The Village Board's decision to approve or deny a conditional use must be supported by substantial evidence.

To aid in review of and decisionmaking on proposed conditional uses, the Plan Commission and Village Board must evaluate at least the following criteria, which are deemed reasonable and, to the extent practicable, measurable:

An applicant's failure to demonstrate, by substantial evidence, that the application and all applicable requirements in this chapter and conditions established by the Village relating to the conditional use are or will be satisfied constitute grounds to deny the conditional use. At all times the burden of proof to demonstrate satisfaction of these criteria remains with the applicant.

Any conditions or requirements imposed must be:

The applicant must demonstrate, by substantial evidence, that all conditions or requirements imposed will be met.

Permit a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e., use variances are prohibited);

Waive, modify, or amend any definition or interpretation of a use classification;

Waive, modify, or otherwise vary any of the review and approval procedures;

Waive, modify, or otherwise vary any alternative compliance procedures (i.e., applicants may apply for variances from the standard zoning regulations or follow alternative compliance procedures when offered, but not both);

Waive, vary, or modify applicable units per net acre (density) standards such that the variance would create a lot permitted in a different zoning district, i.e., variances are not permitted when a zoning map amendment would create a permissible lot;

Waive, vary, or modify applicable minimum lot area per unit (density) standards (Note: This provision is not intended to prohibit variances of minimum lot area requirements for individual lots.);

Waive, vary, or modify provisions over which jurisdiction for exceptions or other modifications is assigned to another decision-making body; or

Waive, vary, or modify provisions for which variances are expressly prohibited.

Published. Public notice of hearings on a zoning variance must be published as required by state law.

Mailed. Notice must be mailed to all of the following at least 10 days before the Zoning Board of Appeals' public hearing on the matter:

The Zoning Board of Appeals must hold a hearing to consider the zoning variance request.

Following the close of the hearing, the Zoning Board of Appeals must make findings of fact and act to approve the requested zoning variance, approve the variance with modifications and/or conditions, refer the zoning variance request back to staff or deny the zoning variance request based on the review criteria and standards of § 90-560.80.

Pursuant to § 62.23(7)(e)7, Wis. Stats., a zoning variance may not be approved unless the Zoning Board of Appeals finds, based on evidence presented by the subject property owner, that:

A building permit has been issued (if required);

The use or structure has been lawfully established; or

A different lapse of approval period or point of expiration has been expressly established by the Zoning Board of Appeals.

Allow development and construction that is in keeping with the general purpose and intent of zoning chapter regulations and the established character of the area in which the development or construction is located;

Provide flexibility that will help promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and

Provide flexibility for new construction when such flexibility is in keeping with the general purpose and intent of zoning chapter regulations and will not adversely affect nearby properties or surrounding neighborhood character.

The Community Development Director may approve an administrative adjustment, in accordance with the procedures of this division, only for the following:

The administrative adjustment procedures may not be used to vary, modify, or otherwise override a condition of approval or requirement imposed by an authorized decision-making body.

The applicant is responsible for delivering written notice of application filing to all owners of property abutting the subject lot and owners of property separated from the subject property solely by public right-of-way.

The written notice must describe the nature of the requested administrative adjustment. It must also indicate the date on which the Community Development Director will take action on the application and that the application will be available for review and comment until that date. Any interested party may submit written comments concerning the application to the Community Development Director.

The Community Development Director must review each application for an administrative adjustment and act to approve the application, approve the application with conditions or deny the application. Alternatively, the Community Development Director is authorized to refer the application to the Zoning Board of Appeals for consideration as a zoning variance request.

The Community Development Director may not take final action to approve or deny an administrative adjustment application until at least seven days after the date that required notices are provided to surrounding property owners.

If a property owner who has received notice of the administrative adjustment application provides a written objection to the administrative adjustment before the date of intended action indicated on the notice, the Community Development Director must refer the application to the Zoning Board of Appeals for consideration as a zoning variance. No additional fees are required other than fees to cover the cost of required notice of the Zoning Board of Appeals public hearing.

The Community Development Director's decision to approve or deny an administrative adjustment must be based on the review criteria and standards of § 90-565.70.

There are conditions unique to the subject property that do not apply generally to other properties in the district;

The requested administrative adjustment is not contrary to the spirit, purpose, and intent of the regulations of this zoning chapter and is not contrary to the public interest;

The requested administrative adjustment will not create substantial detriment to adjacent property;

The requested administrative adjustment will not result in building or development that is incompatible with the character of the immediate neighborhood; and

If part of a larger development, the requested administrative adjustments will not bring the overall average building(s) or lot(s) out of compliance with established minimums or maximums of the zoning district.

A building permit has been issued (if required);

The use or structure has been lawfully established.

Public notice of hearings on an appeal of an administrative decision must be published as required by state law.

Notice must be mailed to the subject property owner at least 10 days before the Zoning Board of Appeals' required hearing.

The Zoning Board of Appeals must hold a hearing to consider the appeal within 45 days.

Following the close of the hearing, the Zoning Board of Appeals must take action on the appeal. The Board's decision must be supported by written findings of fact.

In exercising the appeal power, the Zoning Board of Appeals has all the powers of the administrative official from whom the appeal is taken. The Zoning Board of Appeals may affirm or may, upon the concurring vote of a simple majority of Board members present and voting, reverse, wholly or in part, or modify the decision being appealed.

In acting on the appeal, the Zoning Board of Appeals must grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

Purpose. Zoning compliance permits are required for the purpose of determining compliance with all applicable provisions of this zoning chapter. Zoning compliance permits are generally required for development and building activities that do not require a building permit, while zoning compliance review (See § 90-580.20.) is required for development and building activities that do require building permits.

Applicability.

Application filing.

Review and decision by Community Development Director. The Community Development Director must review each application for a zoning compliance permit and act to issue or deny a zoning compliance permit based solely on whether the proposed use, structure or development complies with all applicable provisions of this zoning chapter.

Lapse of approval. A zoning compliance permit will lapse and have no further effect two years after it is issued by the Community Development Director, unless a building permit has been issued (if required).

Appeals. Decisions of the Community Development Director to deny the issuance of a zoning compliance permit for noncompliance with one or more regulations of this zoning chapter may be appealed to the Zoning Board of Appeals in accordance with Division 90-570.

Purpose. Zoning compliance review is required before the issuance of building permits for the purpose of determining whether proposed structures and uses comply with all applicable provisions of this zoning chapter. Development that does not require building permits may be subject to the zoning compliance permit procedures of § 90-580.10.

Applicability. Zoning compliance review is required before any structure, or part of a structure, may be created, erected, changed or converted, wholly or in part, in its use, occupancy, or construction.

Timing. Zoning compliance review must be conducted before the Building Official issues a building permit.

Applications. Zoning compliance review for development as submitted to the Building Official requires a site plan drawn to scale, and in such form as may be prescribed by the Community Development Director, showing the actual size and dimensions of the parcel to be built upon, the size of the building to be erected, and such other information as the Community Development Director determines necessary to allow a competent determination of whether the requirements of this zoning chapter have been met.

Community Development Director's decision. The Community Development Director must review each building permit application and act to approve or deny the zoning compliance review based solely on whether the proposed use, structure or development complies with all applicable provisions of this zoning chapter.

Appeal. Community Development Director decisions of noncompliance with one or more regulations of this zoning chapter may be appealed to the Zoning Board of Appeals in accordance with Division 90-570.

Applicability. No building or premises other than a detached house or two-unit house may be used or occupied until the Community Development Director has issued a certificate of occupancy, which states that the use and arrangement of structures and site features comply with all applicable regulations of this zoning chapter.

Issuance. A certificate of occupancy may be issued only after:

Work description and valuation. If the improvements are subject to the commercial building code, the applicant must submit a description of work and scheduled valuation before the certificate of occupancy may be issued. The work description and valuation must be provided on a form provided by the Village.

Temporary certificates of occupancy. The Community Development Director is authorized to issue a temporary certificate of occupancy for a period of up to six months during the completion of any final improvements or alterations or during partial occupancy of such building or site.

It is unlawful and a violation of this zoning chapter for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or use any land in the Village, or cause any of these actions, contrary to or in violation of any of the provisions of this zoning chapter. Any violation of a provision of this zoning chapter, including but not limited to all of the following, may be subject to the remedies and penalties provided for in this zoning chapter.

Each day that a violation remains uncorrected after receiving notice of the violation from the Village constitutes a separate violation of this zoning chapter.

Withhold or revoke permits. Any permit, certificate or other form of authorization required under this zoning chapter may be withheld or revoked by the Community Development Director when the Community Development Director determines that there is departure from the plans, specifications, or conditions as required under terms of the permit.

Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the Community Development Director may grant such authorization subject to the condition that the violation be corrected.

Municipal citations. The Village may issue municipal citations for violations of this zoning chapter, as set forth in § 1-16 of the Village Code.

Other legal remedies. In addition to all other remedies and enforcement powers, the Village is authorized to use all remedies available under state law, including seeking injunctive relief and payment of damages.