It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Appeals from the decision of the Zoning Administrator and that recourse from the decisions of the Board shall be as provided by law and Wisconsin Statutes.

This Article describes the staff, Plan Commission, and Common Council responsibility for different elements for administration of this Ordinance.

1. Appointment. The City Administrator/Utility Manager shall designate the Zoning Administrator as the administrative enforcement officer for the provisions of this Ordinance. The duty of the Zoning Administrator shall be to interpret and administer this Ordinance and to issue, after on-site inspection, all permits required by this Ordinance.
2. Duties. In enforcing and administering this Ordinance, the Zoning Administrator shall perform the following duties:
   1. Issue the necessary building permits and administrative permits required by the provisions of this Ordinance, provided its provisions have been complied with.
   2. Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.
   3. In case of any finding of a violation of a provision of this Ordinance, notify, in writing, the actual violator where known, the owner of the property on which the violation has taken place and the Common Council, indicating the nature of the violation and the action necessary to correct it.
   4. Receive, file and process for action all land use and zoning applications which are filed with the City Clerk.
   5. Initiate, direct and review the provisions of this Ordinance and make reports of the recommendations to the Plan Commission for investigation and appropriate action, as needed.
   6. Carry out such additional responsibilities as are hereinafter set forth by the provisions of this Ordinance and as directed by the Common Council.
3. Authority. In the enforcement of this Ordinance, the Zoning Administrator shall have the power and authority for the following:
   1. At any reasonable time and for any proper purpose, upon permission received from the landowner, to enter upon any public or private premises and make inspection thereof. If no permission is given, the Zoning Administrator may view the premises from the newest private property giving permission, or else from the nearest public property or public right-of-way. Additionally, upon reasonable cause and receipt of an administrative search warrant issued by a circuit court judge under Wisconsin Statutes and the Wisconsin Rules of Court, the Zoning Administrator shall enter the private premises.
   2. Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this Ordinance, such revocation to be in effect until reinstated by the Zoning Administrator or the Board of Appeals, or take any other action as directed by the Common Council to ensure compliance with or to prevent violation of its provisions.
   3. In the name of the City and with authorization of the Common Council commence any legal proceedings necessary to enforce the provisions of this Ordinance or the Wisconsin State Building Code, including the collection of forfeitures provided for herein.

1. Composition. The City Staff Development Review process shall incorporate the professional backgrounds and expertise of multiple City departments to review development applications in great detail from multiple lenses. The staff involved shall include but not be limited to the Chief of Police, Fire Chief, City Engineer, Public Works Superintendent, Electric Superintendent, Water Superintendent, Planner, Community Development Director, Building Inspector, and City Administrator. Additional staff or outside consultants, at the direction of the City Administrator, may also assist with reviewing a particular application to ensure a comprehensive review is completed and recommendation can be made.
2. Duties. City staff shall review applications for Ordinance amendments, rezoning, annexations, attachments, land divisions, site plans, variances, and conditional use permits pursuant to the standards in this Ordinance. City staff shall prepare recommendations for the Historic Preservation Commission, Plan Commission, Board of Appeals, and Common Council.

1. Appointment. The City Plan Commission is established by NRMC 2 (Administration).
2. Duties. The Plan Commission shall review all applications for rezonings, site and building plans, and conditional use permits pursuant to the standards in this Ordinance. The Plan Commission shall meet together as established by NRMC 2 and shall review the report from City Staff or the Zoning Administrator, consider the request pursuant to the standards in this Ordinance and make a recommendation to the Common Council.
3. Authority. The Plan Commission shall have the authority to approve applications for, site plans and shall be a recommending body for rezonings and conditional use permits to the Common Council as described in NRMC 2.

1. Appointment. The Board of Appeals is established by NRMC 2 to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this Ordinance and those who request a variance from these standards.
2. Duties. The Board of Appeals shall review all applications for variances pursuant to the standards in this Ordinance. The Board of Appeals shall meet together as established by NRMC 2 and shall review the report from City Staff or the Zoning Administrator, consider the request pursuant to the standards in this Ordinance. The Board of Appeals shall also hear all requests for appeal of the Zoning Administrator’s decisions regarding interpretation of this Zoning Ordinance, a decision regarding an administrative permit or other administrative decision of the Zoning Administrator.
3. Authority. The Board of Appeals shall have the authority and powers granted by Wisconsin State Statutes and as described in NRMC 2 and applicable Wisconsin Statutes.

1. Appointment. The Common Council is established by NRMC 2.
2. Duties. The Common Council shall review all applications for Ordinance amendments, rezonings, and conditional use permits pursuant to the standards in this Ordinance. The Common Council shall meet together as established by NRMC 2 and shall review the report from City Staff or the Zoning Administrator and, where applicable, the recommendation from the Plan Commission. The Common Council shall consider the request pursuant to the standards in this Ordinance and shall either approve or deny the request pursuant to Wisconsin Statutes.
3. Authority. The Common Council shall have the authority to approve or deny Ordinance amendments, rezonings, and conditional use permit and other zoning applications as described in NRMC 2.
   

Table 1. SUMMARY OF APPLICATION REVIEW, PUBLIC HEARING & APPROVAL AUTHORITY

Application or permit	Fee required	Proof of ownership	Notice Classification	Zoning Administrator	Staff Development Review	Plan Commission	Board of Appeals	Historic Preservation Commission	Common Council
Common Council Final Action
Text Amendments and Rezoning	Y	Y/N	Class 2	RA	RA	RA			FA
Historic District Designation	Y	Y	Class 1	RA	RA	RA		RA	FA
Board of Appeals Final Action
Variance Application	Y	Y	Class 1	RA	RA		FA
Plan Commission Final Action
Site Plan Application	Y	Y	N/A	RA	RA	FA
Conditional Use Permit Application	Y	Y	Class 2	RA	RA	RA			FA
Historic Preservation Commission Final Action
Certificate of Appropriateness	N	Y	N/A	RA	RA			FA
Zoning Administrator Final Action
Permitted Uses	Y	Y	N/A	FA	RA

Class 1 Notice = Requires 1 insertion in the local newspaper
Class 2 Notice = Requires 2 insertions in the local newspaper
RA = Recommended Action
FA = Final Action

Public
hearing

The regulations, restrictions and boundaries set forth in this Ordinance may be amended from time to time pursuant to Wisconsin Statutes Chapters 66 and 68.

1. Purpose. An official map amendment may be required to correct an error in the map or, because of changed or changing conditions in a particular area or in the City generally, to rezone an area to implement adopted plans, or to change the regulations and restrictions of an area as reasonably necessary to promote the public health, safety or general welfare.
2. Procedure. An application for a text amendment or rezoning shall be approved or denied pursuant to Wisconsin Statutes Chapters 66 and 68. Additional City requirements are as follows:
   1. Initiation. Any person owning real estate within the City may initiate a request to amend the applicable zoning district boundaries or text of this Ordinance so as to affect the said real estate. The Common Council or Plan Commission may, upon their own, initiate a request to amend the text or any zoning district boundaries of this Ordinance.
   2. Request for approval. As provided within this Ordinance, a request for approval must be filed with the City Clerk on an official application form. A non-refundable fee as provided for in the City’s Schedule of Fees shall accompany such application. Detailed written and graphic materials fully explaining the proposed change, development, or use, shall also accompany such application. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
      
      Application &
      Fee required
      
      
      
      Recommended meeting
      with Staff
      
   3. Proof of Ownership or Authorization. The applicant shall supply proof of ownership of the property for which the approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested text amendment or rezoning approval.
   4. Procedures.
      1. Upon completion of preliminary City Staff Development Review analysis of the application and request, the City Clerk, when appropriate, shall set a public hearing following proper hearing notification.
         
         
         Public
         hearing
      2. Notice of said hearing shall also be published in the official newspaper as a Class II notice (publication 2 times) at least 10 days prior to the hearing.
         
      3. Notice of said hearing shall be mailed at least 14 days prior to all owners of land within 100 feet of the boundary of the property in question.
      4. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Ordinance.
      5. The Plan Commission and City Staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Ordinance.
      6. The Plan Commission shall conduct the hearing and report its findings and make recommendations to the Common Council.
      7. The applicant or a representative thereof must appear before the Plan Commission in order to present information and answer questions concerning the proposed request.
      8. The Plan Commission, with the assistance of City Staff, shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City Staff.
         
         
         Recommendation
         by Staff/Commission
         
      9. The Common Council shall not act upon a text amendment or rezoning until they have received a report and recommendation from the Plan Commission and City Staff.
         
      10. Upon receiving said reports and recommendations of the Plan Commission and the City Staff Development Review, the City Clerk shall schedule the application for consideration by the Common Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the Common Council meeting.
      11. The applicant or a representative thereof may appear before the Common Council in order to present information and answer questions concerning the proposed request.
      12. The text amendment or rezoning shall not become effective until such time as the Common Council approves an Ordinance and findings of fact reflecting said amendment or rezoning by majority vote.
      13. Whenever an application for a text amendment or rezoning has been considered and denied by the Common Council, the Plan Commission or Common Council shall not consider a similar application for an amendment or rezoning affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Plan Commission or Common Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the Common Council.
3. Information Requirement
   1. The applicant shall submit files in the following formats:
      1. One set of full size plans drawn to scale of not less than 1” = 100’.
      2. One set of plans reduced to 11x17.
      3. One set electronic plans in .pdf format.
   2. Unless waived by City Staff, every application must contain the following written and graphic materials:
      1. A narrative describing how the proposal complies with the rezoning or text amendment requirements in this section.
      2. Name and street address of the petitioner.
      3. The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.
      4. Legal description of the property to be altered.
      5. The existing use of all buildings on such land.
      6. The principal use of all properties within 100 feet of such land.
      7. Purpose for which such property is to be used.
      8. Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this Ordinance.
      9. Names and addresses of all property owners within 100 feet of the property to be altered.
      10. Plot plan or survey plat, drawn to scale, showing the property to be rezoned or subject to the text amendment, location of structures, and property lines within 100 feet of the parcel.
      11. Any further information requested to the petition or which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Common Council.
   3. Failure to supply such requested information shall be grounds for dismissal of the petition.
4. Evaluation Criteria
   1. The Plan Commission and Common Council shall consider possible adverse effects of the proposed amendment or rezoning. Its judgment shall be based upon (but not limited to) the following factors:
      1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans.
      2. The proposed action meets the purpose and intent of this Ordinance or, in the case of a map or text amendment; it meets the purpose and intent of the individual zoning district.
      3. There is adequate public infrastructure available to serve the proposed action.
      4. There is an adequate buffer or transition provided between potentially incompatible zoning districts.
      5. The change will be compatible with existing and planned use in the area.
         

1. Purpose. No vacant land shall be occupied or used, and no building shall be hereafter erected, structurally altered, relocated used or occupied until a building permit has been issued certifying that any such building, use or occupancy complies with the provisions of this Ordinance. Such permit shall be obtained before any change is made in the type of use or before any legal nonconforming use is resumed, after 12 months of inactivity, changed, extended or granted conditional use status. Temporary portable accessory structures without a permanent foundation and with a gross area of less than 150 feet shall be exempt from obtaining a building permit but shall comply with the other applicable provisions of this Ordinance.
2. Procedure
   1. Request for approval. As provided within this Ordinance, a request for a building permit must be filed with the Zoning Administrator on an official application form. A non-refundable fee as provided for in the Schedule of Fees shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed development, or use, shall also accompany such application. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
      
      Recommended meeting
      with Staff
      
      Application &
      Fee required
      
   2. Proof of Ownership or Authorization. The applicant shall supply proof of ownership of the property for which the approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested approval.
   3. Procedures. When a building permit application is submitted, the Zoning Administrator shall refer the application to City Staff Development Review to ensure compliance with all zoning standards. One and two-family homes, garages, fences, pools, and associated projects shall be exempt from City Staff Development Review. City Staff shall review for compliance and provide a report to the Building Official. The Zoning Administrator may require revisions to the application to ensure compliance with this Ordinance.
      
      Recommendation
      by Staff/Commission
      
      Permit
      Required
      
3. Information Requirement
   1. The applicant shall submit files in the following formats:
      1. One set of full size plans drawn to scale of not less than 1” = 100’.
      2. One set of plans reduced to 11x17.
      3. One set electronic plans in .pdf format.
   2. Unless waived by City Staff, every application must contain the following written and graphic materials:
      1. Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.
      2. Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees, if any; and the zoning district within which the subject site lies.
      3. Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site;
      4. Existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards.
      5. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 100 feet of the subject site.
      6. Additional information as may be required by City Staff Development Review, including all information required for site plan approval.
4. Evaluation Criteria. The Zoning Administrator and City Staff shall evaluate the effects from the proposed plans. This review shall be based upon, but not be limited to, compliance with the City Comprehensive Plan and provisions of this Ordinance. A report containing findings of fact shall be provided to the applicant.
5. Expiration
   1. Unless otherwise specified by the Zoning Administrator, building permit approval shall expire within one year of the date of approval unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. Prior to the expiration, the applicant may apply for a time extension of up to one year.
   2. The request for extension shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the Schedule of Fees and state facts showing a good faith attempt to complete or utilize the use permitted. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Plan Commission for a decision.
      
      Application &
      Fee required
      
      
      Recommendation
      by Staff/Commission
      
   3. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator or the Plan Commission, as applicable, shall consider such factors as the type, design, and size of the proposed construction, restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

1. Purpose. The purpose of this Section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this Ordinance.
   
2. Procedure. An application for site plan approval shall be approved or denied pursuant to Wisconsin State Statutes Chapters 66 and 68. Additional City requirements are as follows:
   1. Request for approval. As provided within this Ordinance, a request for site plan approval must be filed with the City Clerk on an official application form. A nonrefundable fee as provided for in the Schedule of Fees shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
      
      Application &
      Fee required
      
      
      Recommended meeting
      with Staff
      
   2. Proof of Ownership or Authorization. The applicant shall supply proof of ownership of the property for which the approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval.
   3. Procedure.
      1. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action to City Staff Development Review and Plan Commission.
         
         Recommendation
         by Staff/Commission
         
      2. City Staff shall review for compliance and provide a report to the Plan Commission.
      3. The Plan Commission and City Staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
      4. The applicant or their representative must appear before the Plan Commission in order to present information and answer questions concerning the proposed request. The Plan Commission may add conditions to the approval.
      5. The Plan Commission shall not consider a site plan application until they have received a report and recommendation from City Staff Development Review.
      6. The Plan Commission, with the assistance of City Staff, shall make findings of fact and take action on the request. Such recommendations shall be accompanied by the report and recommendation of the City Staff.
      7. Approval of a request shall require passage by a majority vote of the Plan Commission.
      8. Whenever an application for site plan approval has been considered and denied by the Plan Commission, the Plan Commission shall not consider a similar site plan approval for an amendment affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Plan Commission for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the Plan Commission.
3. Information Requirement. Unless waived by City Staff, every site plan must contain the following written and graphic materials:
   1. The applicant shall submit files in the following formats:
      1. One set of full size plans drawn to scale of not less than 1” = 100’.
      2. One set of plans reduced to 11x17.
      3. One set electronic plans in .pdf format.
   2. Location, address (if assigned), legal description, and property identification number of the parcel.
   3. Site Plan
      1. Name and address of developer/owner.
      2. Name, address and Wisconsin registration number of architect/ designer/engineer.
      3. Date of plan preparation.
      4. Dates and description of all revisions.
      5. Name of project or development.
      6. Scale of plan (engineering scale only, at one inch equals 50 feet or less). All plan sheets shall be prepared using the same scale.
      7. North point indication.
      8. Site data computations including lot dimension, area, and building coverage percentage.
      9. Required and proposed setbacks.
      10. Location and dimension of all buildings on the lot including both existing and proposed structures.
      11. Total number of proposed dwelling units, if any.
      12. Location of all adjacent buildings, improvements and natural resources located within 100 feet of the exterior boundaries of the property in question.
      13. Adjacent roadway widths.
      14. Location, number, and dimensions of existing and proposed parking spaces.
      15. Location, number, and dimensions of existing and proposed loading spaces.
      16. Curb cuts, driveways.
      17. Vehicular circulation.
      18. Sidewalks, walkways.
      19. Site lighting plan.
      20. Sign plan.
      21. Location of recreational and service areas.
      22. Location of rooftop equipment and proposed screening.
      23. Provisions for storage and disposal of waste, garbage, and recyclables.
      24. Existing and proposed utility easements and fire hydrants.
      25. Location, sizing, and type of water and sewer system mains and proposed service connections.
   4. Grading / Storm Water Drainage Plan
      1. Existing contours at 2-foot intervals.
      2. Proposed grade elevations, 2-foot maximum intervals.
      3. Drainage plan including configuration of drainage areas and calculations.
      4. Impervious surface area calculation.
      5. Storm sewer, catch basins, invert elevations, type of castings, and type of materials.
      6. Spot elevations.
      7. Proposed driveway grades.
      8. Surface water ponding and treatment areas.
      9. Erosion control measures.
      10. Location of proposed street lights, as well as utilities, including electricity, gas, telephone, and cable or fiber optic.
          
          (American Standard for Nursery Stock, ANSI Z60.1 provides a common terminology involving nursery stock and defines terms and numerical relationships among plant material parts.)
          
   5. Landscape Plan
      1. Planting Schedule containing:
         1. Symbols.
         2. Quantities.
         3. Common names.
         4. Botanical names.
         5. Sizes of plant material.
         6. Root specification (bare root, balled and burlapped, potted, etc.).
         7. Special planting instructions. (viii) Location, type and size of all existing significant trees to be removed or preserved.
      2. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).
      3. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.
      4. Typical sections of landscape islands and planter beds with identification of materials used.
      5. Details of planting beds and foundation plantings.
      6. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.
      7. Delineation of both sodded and seeded areas with respective areas in square feet.
      8. Coverage plan for underground irrigation system, if any.
      9. Where landscape or man-made materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.
      10. Other existing or proposed conditions which could be expected to affect landscaping.
   6. Other Plans and Information
      1. Proof of ownership of the land for which site plan approval has been requested.
      2. Current survey (within one year of application date).
      3. Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).
      4. “Typical” floor plan and “typical” room plan.
      5. Fire protection plan.
      6. Extent of and any proposed modifications to land within the Floodplain or Shoreland Wetland District as described and regulated in NRMC 109 Art II and NRMC 109 Art III.
      7. Type, location and size (area and height) of all signs to be erected upon the property in question.
      8. Sound source control plan.
4. Evaluation Criteria. The Plan Commission shall evaluate the effects of the proposed site plans. This review shall be based upon, but not be limited to, compliance with the City’s Comprehensive Plan and provisions of this Ordinance.
5. Expiration
   1. Unless otherwise specified by the Zoning Administrator or Plan Commission at time of approval, site plan permit approval shall expire within one year of the date of approval unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved site plan. Prior to the expiration, the applicant may apply for a time extension of up to one year.
   2. The request for extension shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the Schedule of Fees and state facts showing a good faith attempt to complete or utilize the use permitted. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Plan Commission for a decision.
      
      Application &
      Fee required
      
      Recommendation
      by Staff/Commission
      
   3. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator or the Plan Commission, as applicable, shall consider such factors as the type, design, and size of the proposed construction, restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.
6. Financial Guarantee. Following the approval of a site plan and before issuance of a building permit, the applicant shall guarantee to the City the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a performance agreement as provided below:
   1. Forms of Financial Guarantee.
      1. Financial guarantees acceptable to the City include cash, cash escrow; an Irrevocable Letter of Credit; or other financial instruments which provide equivalent assurance to the City and which are approved by the Zoning Administrator.
      2. The financial guarantee shall be for 120% of the estimated costs of improvements and landscaping associated with the site, as certified by the Public Works Director.
      3. It shall be the responsibility of the applicant to insure that a submitted financial guarantee shall continue in full force and effect until the Zoning Administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this Section.
   2. The financial guarantee shall provide a means to the City to cure a default or reimburse the City for the cost of enforcement measures. As various portions of such required work under the site plan approval are completed by the applicant and approved by the City, the Zoning Administrator may release such portion of the financial guarantee as is attributable to such completed work.
   3. The applicant shall notify the City in writing when all or a portion of the required improvements have been completed in accordance with the approved site plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the performance of the work. Using the Wisconsin State Building Code as a guideline, any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action to release or to reduce the amount of the financial guarantee shall be taken by the Zoning Administrator.
7. Wisconsin State Building Code. The review and approval of site improvements pursuant to the requirements of City adopted building and fire codes shall be in addition to the site plan review process established under this Section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.
8. Plan Agreements. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the property owner, building contractor and the City. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval.
9. As-built Plans. Unless waived by City Staff Development Review, all projects valued as $100,000 or more shall provide as-built plans to the City prior to release of the financial guarantee.
10. Enforcement. The Zoning Administrator shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this Ordinance has been officially documented. All property owners who believed they are aggrieved by such determination may appeal the decision of the Zoning Administrator, pursuant to NRMC 121-27.
11. Plan Modifications. An amended site plan shall be applied for and administered as required for a new site plan, except that those modifications meeting the following criteria, as determined by the Zoning Administrator, are eligible for administrative approval in accordance with NRMC 121-30:
    1. Only applications for preexisting uses or uses explicitly classified as permitted uses, including accessory uses or changes in occupancy, of the property by Table 3 of this Chapter are eligible for administrative approval.
    2. The site plan modification shall not result in an increase, traffic, employees, expand any principal building, or otherwise increase the intensity of the use of the site by a factor of more than 20 percent.
    3. The site plan modification shall comply with all requirements of the applicable zoning district and all other performance standards of this Chapter.
    4. Only one amended site plan shall be approved administratively within a 2 year period.

1. Purpose. The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.
   
2. Procedure. An application for a conditional use permit shall be approved or denied pursuant to Wisconsin State Statutes Chapters 66 and 68. Additional City requirements are as follows:
   1. Request for approval. As provided within this Ordinance, a request for approval must be filed with the City Clerk on an official application form. A non-refundable fee as provided for in the Schedule of Fees shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
      
      Recommended meeting
      with Staff
      
      Application &
      Fee required
      
   2. Proof of Ownership or Authorization. The applicant shall supply proof of ownership of the property for which the approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval.
   3. Procedures.
      1. Upon completion of preliminary City Staff Development Review and recommendation of the application and request, the City Clerk, when appropriate, shall set a public hearing following proper hearing notification. The Plan Commission shall conduct the hearing.
         Public
         hearing
         
      2. City Staff shall review for compliance and provide a report to the Plan Commission.
      3. Notice of said hearing shall be published in the official newspaper as a Class II notice (publication 2 times) at least 10 days prior to the hearing.
      4. Notice of said hearing shall also be mailed at least 14 days prior to all owners of land within 100 feet of the boundary of the property in question, informing them of the receipt of the application and the anticipated schedule for consideration.
      5. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance.
      6. The applicant or their representative must appear before the Plan Commission in order to present information and answer questions concerning the proposed request.
      7. The Plan Commission, with the assistance of City Staff Development Review, shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City Staff.
      8. The Plan Commission and City Council may impose conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as they deem necessary to carry out the intent and purpose of this Ordinance, with said conditions being entered in and made part of the permanent written record of the Plan Commission and City Council meetings.
      9. Final action taken by City Council.
         
      10. Whenever an application for a conditional use permit has been considered and denied by City Council, the City Council shall not consider a similar application for a conditional use permit affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by the City Council.
3. Information Requirement
   1. The applicant shall submit files in the following formats:
      1. One set of full size plans drawn to scale of not less than 1” = 100’.
      2. One set of plans reduced to 11x17.
      3. One set electronic plans in .pdf format.
   2. Unless waived by City Staff, every application must contain the following written and graphic materials:
      1. The information required for all conditional use permit applications shall be as specified in NRMC 121-31(c) (site plans) and a narrative describing how the proposal complies with the conditional use permit requirements in this section.
      2. In addition, the Plan Commission, City Council and City Staff Development Review shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant. Said information is to be declared necessary to determine performance and may include but is not limited to:
         1. Scope of operation of the proposed use, including methods and materials utilized in operation.
         2. Traffic Generation Data.
         3. Statement of the economic impact of the proposed use on the surrounding area.
         4. Statement of the environmental impact of the proposed use on the surrounding area.
4. Evaluation Criteria. The Plan Commission and City Council shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors:
   1. Compliance with and effect upon the City Comprehensive Plan, including public facilities and capital improvement plans.
   2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.
   3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
   4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
   5. Adequate public facilities and services are available or can be reasonably provided to accommodate the proposed use.
   6. The conditional use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located.
   7. The conditional use and site conforms to standards in this Ordinance.
5. Expiration
   1. Unless otherwise specified by the Zoning Administrator, Plan Commission, or City Council at time of approval, conditional use permit approval shall expire within one year of the date of approval unless the applicant commences the authorized use within that timeframe. Prior to the expiration, the applicant may apply for a time extension of up to one year.
   2. The request for extension shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the Schedule of Fees and state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Plan Commission or City Council for a decision.
      
      Application &
      Fee required
      
   3. In making its determination on whether an applicant has made a good faith attempt to utilize the approval, the Zoning Administrator, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.
6. Revocation
   1. Justification. The City Council may direct the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with:
      1. The conditions of the permit.
      2. The intent of this Ordinance.
      3. City Codes.
      4. Other applicable regulations.
   2. Process. The City Council shall initiate a revocation process and the Zoning Administrator shall notify the responsible person to whom the permit was issued, that they have an opportunity to show cause why the permit should not be revoked. The revocation process shall follow the applicable steps outlined pursuant to Subd. B of this Section. The Zoning Administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the City Council.
7. Amendments. Holders of a conditional use permit may propose amendments to the permit at any time following the procedures for a new permit as set forth in this Section, except those permit modifications meeting the following criterial, as determined by the Zoning Administrator, may be approved administratively in accordance with NRMC 121-30.
   1. Only applications for preexisting uses or uses explicitly classified as allowed uses, including accessory uses or changes in occupancy, by the approved conditional use permit governing the use of the property are eligible for administrative approval.
   2. The site plan modification shall not result in an increase, traffic, employees, expand any principal building, or otherwise increase the intensity of the use of the site by a factor of more than 20 percent.
   3. The site plan modification shall comply with all requirements of the applicable zoning district and all other performance standards of this Chapter.
   4. Only one amended site plan shall be approved administratively within a 2 year period.

1. Purpose
   
   1. A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this Zoning Ordinance would cause undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with all applicable zoning requirements.
   2. The Board of Appeals may authorize upon appeal, in specific cases, one or more variances from the terms of this Zoning Ordinance as will not be contrary to the public interest. No variance shall have the effect of allowing in any zoning district uses prohibited in that district, or permit district standards lower than those required by State law.
   3. For the purposes of this section, the term “unnecessary hardship” shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or poor soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.
2. Procedure. An application for a variance shall be approved or denied pursuant to Wisconsin State Statutes Chapters 66 and 68. Additional City requirements are as follows:
   1. Request for approval. As provided within this Ordinance, a request for a variance must be filed with the City Clerk on an official application form. A non-refundable fee as provided for in the Schedule of Fees shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed variance shall also accompany such application. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
      
      Recommended meeting
      with Staff
      
      Application &
      Fee required
      
   2. Proof of Ownership or Authorization. The applicant shall supply proof of ownership of the property for which the variance is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested variance.
   3. Procedures.
      1. The application shall be referred to City Staff Development Review, which shall submit a report to the Board of Appeals. The petitioner shall appear before the Board of Appeals in order to answer questions.
      2. The Board of Appeals shall conduct at least one public hearing on the proposed variance. Notice of such hearing shall be mailed at least 14 days prior to all owners of land within 100 feet of the boundary of the property in question and shall be given not more than 30 days and not less than 10 days before the hearing in one or more of the newspapers in general circulation in the City.
         
         Public
         hearing
         
      3. At the hearing the appellant or applicant must appear in person, by agent or by attorney.
      4. The Board of Appeals shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, Zoning Administrator and the Board of Appeals.
      5. The Board of Appeals, with the assistance of City Staff, shall make findings of fact and take action on the request. Such recommendations shall be accompanied by the report and recommendation of the City Staff Development Review.
      6. Whenever a variance request has been considered and denied by the Board of Appeals, the Board shall not consider a similar request affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent request affecting substantially the same property shall likewise not be considered again by the Board of Appeals for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by the Board of Appeals.
3. Information Requirement
   1. The applicant shall submit files in the following formats:
      1. One set of full size plans drawn to scale of not less than 1” = 100’.
      2. One set of plans reduced to 11x17.
      3. One set electronic plans in .pdf format.
   2. Unless waived by City Staff, every application must contain the following written and graphic materials in the number and size as required by the Zoning Administrator:
      1. Name and address of applicant and all abutting and opposite property owners of record.
      2. Statement that the applicant is the owner or the authorized agent of the owner of the property.
      3. Address and description of the property.
      4. A site plan showing an accurate depiction of the property.
      5. Additional information required by City Staff Development Review, Public Works Director, Board of Appeals or Zoning Administrator.
      6. An application fee, as provided for in the Schedule of Fees, must be submitted along with the Application for Variance and other required materials.
      7. A narrative providing specific details as to why a variance is required for the subject property.
4. Evaluation Criteria
   1. Action of Board of Appeals. For the Board to grant a variance, it must find that:
      1. Denial of the variance may result in unnecessary hardship to the property owner due to physiographical consideration. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this Ordinance should be changed.
      2. The conditions upon which a petition for a variance is based are unique to the property for which variance is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
      3. The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the property.
      4. The granting of the variance will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.
      5. The proposed variance will not undermine the spirit and general and specific purposes of this Ordinance.
   2. Conditions. The Board of Appeals may impose such reasonable conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

(a) Purpose. The purpose of this Section is to establish a formal administrative permit review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this Ordinance.

(b) Procedure

(1) Request for approval. As provided within this Ordinance, a request for an administrative permit must be filed with the Community Development Director on an official application form. A non-refundable fee as provided for in the Schedule of Fees shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Community Development Director, fully explaining the proposed change, development, or use, shall also accompany such application. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements and paid all associated fees. (2) Proof of Ownership or Authorization. The applicant shall supply proof of ownership of the property for which the approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested approval. (3) Procedures. When an administrative permit application is submitted, the Community Development Director shall refer the application to City staff for review to ensure compliance with all zoning standards. City staff shall review for compliance and create a report documenting the review. Based on the review, the Community Development Director may require revisions to the application to ensure compliance with this Ordinance.

(c) Information Requirement

(1) The applicant shall submit files in the following formats:

a. One set of plans reduced to 11x17. b. One set electronic plans in .pdf format.

(2) Unless waived by City staff, every application must contain the following written and graphic materials:

a. Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor. a. Date of plan preparation. b. Scale of plan. c. North point indication. d. Site data computations including lot dimension, area, and building coverage percentage. e. Required and proposed setbacks. f. Location and dimension of all buildings on the lot including both existing and proposed structures. g. Building materials. h. Location, number, and dimensions of existing and proposed parking spaces. i. Location, number, and dimensions of existing and proposed loading spaces. j. Curb cuts, driveways. k. Sidewalks, walkways. l. Site lighting plan. m. Additional information as may be required by City staff, including all information required for site plan approval.

(d) Evaluation Criteria. The Community Development Director and City staff shall evaluate the effects from the proposed plans. This review shall be based upon, but not be limited to, compliance with the City Comprehensive Plan and provisions of this Ordinance. A report containing findings of fact shall be provided to the applicant.

(e) Expiration

(1) Unless otherwise specified by the Community Development Director, administrative permits approval shall expire within one year of the date of approval unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. Prior to the expiration, the applicant may apply for a time extension of up to one year. (2) The request for an administrative permit extension shall be submitted to the Community Development Director not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the Schedule of Fees and state facts showing a good faith attempt to complete or utilize the use permitted. A request for an extension not exceeding one year shall be subject to the review and approval of the Community Development Director. (3) In making its determination on whether an applicant has made a good faith attempt to utilize the administrative permit approval, the Community Development Director shall consider such factors as the type, design, and size of the proposed construction, restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.