Onalaska, WI Zoning Ordinance

Onalaska City Zoning Code

CHAPTER 05

Administration and Procedures

13.05.11 Summary table.

[Amended 7-12-2022 by Ord. No. 1739-2022]

Table 13.05.11-1 summarizes the review process for the various types of development applications processed under this chapter.

Table 13.05.11-1: Development Procedures Summary
Type of Application	Pre-Application Meeting with Staff	Public Hearing Required	Administrative	Plan Commission	Common Council	Board of Zoning Appeals	Historic Preservation Commission	Final Action
Type of Application	R-Required S-Suggested	Y-Yes Blank-No	R-Review D-Decision A-Appeal PH - Public Hearing					Final Action
Site-Related
Site plan permit	R		D					Site plan permit and conditions of approval
Conditional use permit	S	Yes		D PH				Resolution with conditions of approval
Variance	R	Yes				D PH		Board of Zoning decision
Appeal of UDC Interpretation						D		Board of Zoning decision
Establishment of a planned unit development (PUD) or downtown planned unit development (D-PUD)	R	Yes		R PH	D			Conditions of approval
Minor amendment to PUD, D-PUD, or PCID	R		D					Conditions of approval
Major amendment to PUD, D-PUD, or PCID	R	Yes		R PH	D			Conditions of approval
Historic preservation certificate of appropriateness	S						D	Certificate of appropriateness
Subdivision-Related
Minor subdivision/metes and bounds lot line adjustment	S		D					Signed Certified Survey Map
Minor subdivision/metes and bounds land division	S			R	D			Conditions of approval and Signed Certified Survey Map
Major subdivision - preliminary plat	R	Yes		R	D			Conditions of approval
Major subdivision - final plat				R	D			Conditions of approval and signed final plat
Extraterritorial plat review	R			R	D			Conditions of approval. (No appeals.)
Extraterritorial minor land division review			D					Conditions of approval and Signed Certified Survey Map
Ordinance Amendment
Text amendment	S	Yes		R PH	D			Ordinance
Map amendment	R	Yes		R PH	D			Ordinance and conditions of approval
Establishment of a Medical Campus District	R	Yes		R PH	D			Ordinance and conditions of approval
Minor amendment to Medical Campus District	S		D					Conditions of approval
Major amendment to Medical Campus District	R	Yes		R PH	D			Conditions of approval
Annexation	R	Yes		R PH	D			Ordinance and conditions of approval
D-PUD Downtown Parking Reduction Level 1 Request	R	No	D					Conditions of approval
D-PUD Downtown Parking Reduction Level 2 Request	R	Yes			D			Conditions of approval

13.05.12 Common procedures and requirements.

Applicability. The requirements of this chapter shall apply to all development applications and procedures subject to development review under this Code unless otherwise stated.

Permits required.

Property owners or their agents are required to obtain all required local, state, and federal permits prior to initiating any activities on their site.

Property owners or their agents that have property in state-designated archaeologically sensitive areas shall be required to obtain required permits from the State of Wisconsin prior to obtaining permits from the Inspection Department.

Authority to file applications.

Development review applications for an individual property may be initiated by:

The owner of the property that is the subject of the application; or

An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner.

If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.

The Plan Commission and Common Council may initiate text and map amendments to the UDC. If the subject of the amendment is a specific site or project, the Plan Commission or Common Council may initiate amendments with or without application from the owner.

Pre-application meetings.

Pre-application meetings are required or recommended based on development application type as identified in Table 13.05.11-1.

A pre-application meeting is an informal discussion between a potential applicant and applicable City staff regarding a possible project subject to this Title. The Zoning Administrator shall determine which City staff shall attend the pre-application meeting.

The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria, and the information to be contained in the application(s).

Discussions that occur during pre-application meetings are not binding on the City and do not constitute official assurances or representations on the City.

Application materials and fees.

The Planning Department shall develop and amend a UDC Application Manual as needed.

Each application for a permit or approval, or for an amendment of a permit or approval, shall include all those application materials listed in the UDC Application Manual.

The City may reject an application not meeting the requirements of this Code or where the required fee or escrow has not been paid.

The Common Council shall approve and adjust as needed the fees to accompany applications submitted under the UDC through the adoption of a fee schedule.

No application shall be processed until the established fee has been paid.

Application fees are not refundable, except where the Planning Department has determined that an application was accepted in error or when the fee paid exceeds the amount due, in which case the overpayment shall be refunded to the applicant.

Coordination of applications.

Depending on the requirements of this Title, multiple applications may be required.

The Zoning Administrator shall determine the order of application review based on the City Code, including this Title and state requirements. Where possible, applications will be reviewed in tandem.

Technical assistance.

In making its decision, the City may determine that technical assistance is needed. The City may request assistance from any source that is qualified to provide it. The applicant shall be responsible for the cost of such technical assistance.

Withdrawal of applications.

Any request for withdrawal of an application shall be submitted in writing to the Planning Department.

In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the City in the processing of an application shall not be refunded.

Successive applications.

No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by Planning Department.

Public hearings and notices.

Public hearings as required by this Title shall be conducted pursuant to the rules established for each of the bodies, the Onalaska Code, and in compliance with state law.

Development applications requiring a public hearing are identified in Table 13.05.11-1. Applicants are advised that development applications requiring a public hearing will need additional time for processing as the state requires a minimum number of days for notice to be available before the public hearing can occur.

All public hearings shall be open to the public.

Appeals.

Plan Commission.

Any party in interest aggrieved by a decision of the Plan Commission may appeal to the Common Council by filing a written notice of appeal within 10 days after the date of the decision accompanied by a statement as to the facts of the case under appeal, any additional documents or exhibits the appellant believes are required, and a statement as to the relief requested. A party in interest shall be defined as a person upon whom a decision made by the Plan Commission has made a tangible impact. The party shall establish the tangible impact in the appeal application. Such request for appeal shall be signed by the applicant or by the owners of at least 20% of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land.

The date of receipt of the decision shall not be counted in determining the time for filing of the appeal. Sundays and holidays shall be counted, except if the last day falls on a Saturday, Sunday or legal holiday, the time for filing shall be extended to the next secular day.

An appeal shall stay enforcement of the decision of the Commission unless the Commission has determined that a stay would cause imminent peril to life or property.

The Common Council shall hear and decide the appeal not more than 45 days after it is filed, unless in the judgment of the Common Council a good and sufficient reason exists for postponement of the hearing or decision or both, in which case a postponement may be made.

The Planning Department shall cause notice of the appeal hearing to be mailed to the appellant, to any person who has requested in writing for such notice to be sent, and as required by the public hearing provisions of Table 13.05.11-1.

At the appeal hearing, the appellant, and their agent or attorney, shall be given an opportunity to be heard and to show why the decision of the Plan Commission should be overruled or amended. A representative of the Plan Commission, as well as applicable City staff shall be given an equal opportunity to be heard. After the close of the appeal hearing, the Common Council shall deliberate and may make motion(s) and take action adopting findings and an order affirming, amending or overruling the decision of the Plan Commission, or defer a decision on the matter to a subsequent meeting.

Appeals of Board of Zoning Appeals decisions.

Any person aggrieved by a decision of the Board of Zoning Appeals may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.

The applicant or appellant may elect to have the appeal or application handled as a contested case. The appeal or application form shall explain that a contested case includes the right of all parties to cross examine witnesses, to object to improper evidence and to have a record of the proceedings made by a court reporter or qualified stenographer or by tape recording. Election to have the matter treated as a contested case must be made in writing at the time of filing of the appeal or application.

Appeals of Common Council decisions.

Any person aggrieved by a decision of the Common Council may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.

13.05.21 Site plan permit.

Applicability.

No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a site plan permit.

A site plan permit shall be required for all residential developments with three or more units and any nonresidential project.

A site plan permit shall be required for new manufactured and mobile home communities and expansions of existing manufactured and mobile home communities within the R-MMH Manufactured and Mobile Home District.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a site plan permit application.

Submission. The application for a site plan permit shall be filed pursuant to Section 13.05.12C.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Administrative review. When the application is reviewed by the Planning Department, the application will be granted, denied or referred for additional review and/or request for more information.

Plan Commission review. Under certain circumstances, the Zoning Administrator may refer site plan permit applications to the Plan Commission for review within 45 days of receipt of the completed application. If the application is referred to the Plan Commission, the Plan Commission shall review the application along with the Zoning Administrator's preliminary findings, and may refer the application and plans to any expert consultants to advise whether the application and plans meet all the requirements applicable thereto in this Title. Within 45 days of its receipt of the application, the Plan Commission shall authorize the Zoning Administrator to issue, refuse, or refer for additional review for more information, the site plan permit.

Criteria for review. In acting on any site plan, the Zoning Administrator or Plan Commission, if involved, shall consider the following:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

The layout of the site with regard to entrances and exits to public streets; adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community. The applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

The landscaping and appearance of the completed site. The Zoning Administrator or Plan Commission, if involved, may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

Before granting any site approval, the Zoning Administrator or Plan Commission, if involved, may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Director of Public Works or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Zoning Administrator or Plan Commission, if involved, shall forward its recommendations to the Common Council and shall not issue final approval until the Common Council has entered into an agreement with the applicant regarding the development of such facilities.

Issuance of permit.

A permit shall expire in 12 months unless substantial work has commenced or in 24 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed. In the event of expiration, the applicant shall reapply for a site plan permit before commencing work on the structure.

Any permit issued in conflict with the provisions of this Title shall be null and void.

13.05.22 Conditional use permit.

Applicability.

The development and execution of this Title is based upon the division of the City into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which may, but do not necessarily have significant adverse effects on the environment, overburden public services, change the desired character of an area, create a major nuisance or have an impact on the use of neighboring land or facilities. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that additional measures and conditions are taken to mitigate the impact of the proposed development. Such uses are classified as conditional uses. No inherent right exists to receive a conditional use permit and such authorizations are approved under a specific set of circumstances and conditions.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a conditional use permit application.

Submission. The application for a conditional use permit shall be filed pursuant to Section 13.05.12C.

Review process.

Application distributed.

The Zoning Administrator shall review the application and plans and refer them to the Plan Commission for review.

The Zoning Administrator shall notify the highway agency of any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way.

Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.

Criteria for review. A proposal for a conditional use will be reviewed against the following criteria:

Compliance. The proposed conditional use shall comply with all regulations of the applicable zoning district and any applicable regulations set forth in the Onalaska Code and state and federal laws.

Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City's Comprehensive Plan.

Compatibility. The proposed conditional use shall be compatible with the character of the neighborhood within the immediate area in which it is located, considering existing and proposed site landscaping and screening.

Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and congestion.

The proposed use shall not be noxious or offensive to the surrounding neighborhood through vibration, noise, odor, dust, smoke, or gas.

The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for existing permitted uses or diminish or impair property values within the neighborhood.

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

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

That the proposed use does not violate floodplain regulations governing the site.

That the public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed uses.

Decision.

The Plan Commission may approve, approve with reasonable conditions, or deny the application and may authorize the Zoning Administrator to issue a conditional use permit. The Plan Commission may impose additional conditions as deemed necessary to protect the public interest and welfare of the City, provided they are reasonable and may include, but not be limited to:

Financing and availability of adequate public facilities or services;

ii.

Dedication of land;

iii.

Reservation of land;

iv.

Creation of restrictive covenants or easements;

Special setbacks;

vi.

Yard requirements;

vii.

Increased screening or landscaping requirements;

viii.

Development phasing;

ix.

Standards pertaining to traffic, circulation, noise, lighting, emissions, hours of operation, and protection of environmentally sensitive areas;

Provision of stormwater management and erosion and sediment control;

xi.

Require that a performance guarantee be posted by the applicant to ensure compliance with conditions; and

xii.

Require that a development agreement be entered into by the applicant.

In the instance of the granting of a conditional use, the Plan Commission in its findings shall further specify the reason(s) or factors, which resulted in issuing the conditions of the conditional use. Such Plan Commission decision and the resulting conditional use permit, shall specify the name of the permittee and the location and legal description of the affected premises.

If a conditional use is approved, the Plan Commission may determine if the conditional use is transferable to future owners.

For an existing and currently valid conditional use that is no longer allowed as a conditional use in the zoning district in which it is located, the provisions of Section 13.01.26 shall apply.

Denial of application for conditional use permit. When a decision of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate the reasons the Plan Commission used in determining that each standard was not met. A new application for the same conditional use will not be considered by the Plan Commission for a period of 12 months except on grounds of new evidence as determined by the Zoning Administrator.

Issuance of permit.

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

A copy of a decision granting a conditional use permit in a floodplain or shoreland district shall be mailed to the district office of the Wisconsin Department of Natural Resources.

Conditional use permit term.

Where the Plan Commission has approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Plan Commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of permit issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. The Plan Commission may extend such permit for a period of 90 days for justifiable cause.

Any use for which a conditional use permit has been issued, upon its cessation or abandonment for a period of 12 months, will be deemed to have been terminated and any future use shall be in conformity with this section, unless granted a one-year extension by the Plan Commission.

Amending a conditional use permit.

Amendments, modifications, alterations or expansions of a previously approved conditional use permit shall require application review in the same manner as a new application.

Complaints regarding conditional uses.

The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator or their designee to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code.

Upon written complaint by any citizen or official, applicable City staff shall determine whether the complaints are substantial and related to the conditions imposed on the use. If so determined, the Plan Commission shall hold a public hearing at which time the complainant, property owner, and any other such person who attends shall be heard.

The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in Section 13.05.22 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions.

In the event that no reasonable modification of such conditional use can be made or the applicant does not make modifications required within a reasonable time frame, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use.

Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.

13.05.23 Variance.

Applicability.

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this Title would cause them 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 the district and zoning requirements.

Prohibited variances. The Board of Zoning Appeals shall not grant use variances in floodplain and conservancy districts. In all other districts, no use variance shall be granted unless the applicant has first petitioned for consideration of a text amendment to the UDC to allow the use, if applicable, and upon a showing that no lawful or feasible use of the subject property can be made in the absence of such a variance.

Pre-application meeting. A preapplication meeting pursuant to Section 13.05.12C is required prior to submitting a variance application.

Submission. The application for variance shall be filed pursuant to Section 13.05.12D.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Hearing on application. The Board of Zoning Appeals shall hold a public hearing in accordance with Section 13.05.12I and Table 13.05.11-1.

Criteria for review. For the Board of Zoning Appeals to grant a variance, it must find that the applicant, which has the burden of proof, has demonstrated the following:

Unnecessary hardship due to the unique physical limitations of the property and not the particular circumstances of the applicant. The unnecessary hardship must not be self-imposed by the applicant or prior owners of the property. Further, economic loss or financial hardship cannot serve as the basis for justifying a variance.

The variance will not create a detriment to an adjacent or neighboring property, and will not be contrary to the public interest or public safety.

The variance shall not have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than those required by state law.

Decision.

The Board of Zoning Appeals may approve, approve with conditions, or deny the variance application and shall issue a written Board of Zoning decision.

Vote required. All orders or decisions of the Board of Zoning Appeals granting a variance require the affirmative vote of four members. Whenever only four members of the Board are present and the vote stands three to one in favor of the appellant or applicant, the matter shall be laid over for consideration and final determination at the next meeting of the Board or a special meeting noticed and called for that purpose.

The Board of Zoning Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the criteria for review established in this section.

No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than 12 months from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

Issuance of variance.

A certified copy of the Board of Zoning decision containing identifiable description and any specific requirements for approval, shall be recorded by the City of Onalaska with the Office of the La Crosse County Register of Deeds for the subject property.

A copy of a decision granting a variance in a floodplain, shoreland or wetland district shall be mailed to the district office of the Wisconsin Department of Natural Resources.

13.05.24 Appeal of UDC interpretation.

Applicability.

The appeal of UDC interpretation process shall facilitate review of questions of interpretation that arise in the administration of this Title, including review of any order, requirement, decision, or determination made by an administrative official.

Appeals of an administrative decision or interpretation may be made by:

The owner, mortgagee, purchaser under a land contract, optionee or occupant under a written lease for one year or more of the property for which relief is sought.

Any officer (other than the Zoning Administrator), department, board or bureau affected by a decision or order of the Zoning Administrator.

Any person aggrieved and whose use and enjoyment of property within the City is directly and adversely affected by a decision or order of the Inspection Department, Zoning Administrator or the requested Board action.

Submission. The application for an appeal of UDC interpretation shall be filed pursuant to Section 13.05.12D. The appeal shall be filed within 30 days of the alleged grievance or judgment in question by filing with the officer(s) from whom the appeal is taken and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee specified in the fee schedule. The date of receipt of the decision shall not be counted in determining the time for filing of the appeal. Sundays and holidays shall be counted, except if the last day falls on a Saturday, Sunday or legal holiday, the time for filing shall be extended to the next secular day.

Stay of proceedings. An appeal shall put on hold the decision appealed unless the officer who decision is being appealed certifies in writing to the Board of Zoning Appeals that a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Zoning Appeals or by a court of record on the application, with notice to the officer from whom appeal is made.

Criteria for review. In considering an appeal, the Board of Zoning Appeals shall consider but not be limited to the following criteria:

Consistency with the Comprehensive Plan, including its goals, objectives, and policies;

The plain meaning of the regulation;

Surplus language;

Conflicting provisions; and

Policy history.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Decision.

The Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit.

A vote of the Board of Zoning Appeals shall require the affirmative vote of four members. Whenever only four members of the Board are present and the vote stands three to one in favor of the appellant or applicant, the matter shall be laid over for consideration and final determination at the next meeting of the Board or a special meeting noticed and called for that purpose.

The Board of Zoning Appeals shall render its decision either at the termination of the hearing or within 30 days thereafter.

The final disposition of an appeal or application shall be in the form of a written decision or order signed by the Chairman of the Board of Zoning Appeals and the City Clerk. Such decision shall state the reasons for the Board of Zoning Appeal's determination with findings of fact and conclusions of law. Conditions imposed in any permit shall be stated in the decision or order embodying the Board's decision and shall also be set forth in any permits issued under that order by the Zoning Administrator and/or Inspection Department.

Effect of approval.

A certified copy of the Board of Zoning Decision, containing identifiable description and any specific requirements for approval, shall be recorded by the City of Onalaska with the Office of the La Crosse County Register of Deeds for the subject property.

Interpretations approved by the Board of Zoning Appeals shall expire one year after issuance if the performance of work is required and substantial work has not commenced.

A permit shall be valid only as long as the conditions upon which it is granted are observed.

Reconsideration.

Resubmission. No appeal or application which has been dismissed or denied shall be considered again without material alteration or revision within one year of the Board's decision, except pursuant to court order or by motion to reconsider made by a member voting with the majority or as provided below.

Rehearing. No rehearing shall be held except upon the affirmative vote of four or more members of the Board upon finding that substantial, new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing, shall state the reasons for the request and shall be accompanied by necessary data and diagrams. A rehearing shall be subject to the same notice requirements as original hearing.

13.05.25 Establishment of planned unit development (PUD) or downtown planned unit development (D-PUD).

Applicability. The establishment of a planned unit development provides design flexibility to promote creative and efficient use of land. Planned unit development provisions are also intended to create public and private benefit by allowing improved site design; allowing developments on multiple lots to function as one coordinated site; facilitating protection of natural features; allowing flexibility from the UDC for unique developments; and ensuring coordination of phased development.

Pre-application meeting.

A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a planned unit development or downtown planned unit development application.

The applicant may request a meeting with the Plan Commission Subcommittee to obtain information and guidance before entering into binding agreements or incurring substantial expense. This consultation is neither formal nor mandatory but is intended to inform the applicant of the purpose and objectives of these regulations, the Comprehensive Plan, and duly adopted plan implementation devices of the City. Discussions that occur are not binding on the City and do not constitute official assurances or representations on the City.

Submission. The application for a planned unit development or downtown planned unit development shall be filed pursuant to Section 13.05.12E.

Combined applications. An application for a PUD or D-PUD may be accompanied by all other discretionary requests, including but not limited to subdivision review and site plan permit applications in order to minimize review periods.

Authority. Authority is given to the Plan Commission to combine separate permit applications into one application for the convenience of the applicant and the City; however, all individual permit fees shall apply.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Hearing on application. The Plan Commission shall hold a public hearing on the general development plan in accordance with Section 13.05.12J and Table 13.05.11-1.

Criteria for review.

In establishing a PUD or D-PUD, the following criteria should be considered:

Consistency with the Comprehensive Plan.

ii.

Provide for variations to the strict application of the land use regulations in this Title in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the City's standards to offset the effect of any variations.

iii.

Promote a more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City.

iv.

Preserve and enhance natural features and open spaces.

Maintain or improve the efficiency of public streets and utilities.

vi.

Ensure the establishment of appropriate transitions between differing land uses.

The Plan Commission may approve increased or decreased front yard setbacks in any residential district as part of a subdivision request through a planned unit development for the purpose of orderly development of the parcel or parcels. The following criteria shall be used by the Plan Commission in qualifying setback flexibility requests:

The proposed setback increase or decrease is based either on the physical constraints of the site including steep slopes, potential driveway grades, preservation of mature vegetation and the preservation of ridgelines or orderly development of a parcel or parcels included in a master plan.

ii.

The proposed setback increase or decrease will not be in conflict with the City of Onalaska Comprehensive Plan or detrimental to public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

iii.

The proposed setback increase or decrease will not be detrimental to the utility needs of the neighborhood, including but not limited to sanitary sewer, water or stormwater drainage.

iv.

The proposed setback increase or decrease is not based exclusively on the desire to increase the value or income potential of the property.

The proposed setback increase or decrease will not result in access constraints to proposed structures including steep or excessively long driveway grades.

vi.

The subdivider shall be required to submit a master layout plan at the time of the subdivision application noting front yard setbacks for all parcels included in this request along with a plan for sanitary sewer for each dwelling.

Decision.

An application for a PUD or D-PUD shall include the review of a general development plan with a public hearing at the Plan Commission and formal approval by the Common Council.

Dedication or offers to dedicate interest in real property for specific purposes shown in the general development plan may be required as a condition of approval of the PUD or D-PUD if they are found by the Plan Commission to be in the public interest and/or are consistent with the City of Onalaska Comprehensive Plan.

ii.

Approval of the general development plan shall establish the basic right of use for the area in conformity with the plan as approved, but such plan shall be conditioned upon approval of a final implementation plan and shall not make permissible any of the uses as proposed until a final implementation plan is submitted and approved for all or a portion of the general development plan.

Following approval of the general development plan, a final implementation plan shall be reviewed by the Plan Commission with recommendations to the Common Council for final consideration.

Downtown PUD parking reduction requests.

[Added 7-12-2022 by Ord. No. 1741-2022]

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

ii.

Determination of reduction request level. The Zoning Administrator shall review the application and determine the reduction request level.

iii.

Criteria for review. In considering a reduction request, the criteria listed in Section 13.02.34.D.7.b should be considered.

iv.

Decisions. An application for a Level 1 Reduction Request shall include consideration by City staff and final consideration by the Zoning Administrator. An application for a Level 2 Reduction Request shall include a public hearing at the Plan Commission in accordance with Table 13.05.11-1 with final consideration by the Common Council. Any approval shall follow the regulations as set forth in Section 13.05.25.E. below.

Issuance of approval.

Recording of requirements. The applicant shall record with the Office of the La Crosse County Register of Deeds the legal description of the PUD or D-PUD and the Final Implementation Plan conditions of approval which shall run with the land. Said conditions shall not lapse or be waived as a result of any subsequent change in ownership or tenancy. Said conditions shall be deemed to be part of the building permit issued for any use or structure in the PUD or D-PUD.

Stop work. If after the approval of the PUD or D-PUD, any portion of the approved conditions or plans are not met, the Planning, Engineering, Inspection and/or Fire Departments may stop further construction of the development by posting a stop-work order and providing the applicant with written notice by certified mail within two working days of the stop-work order. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the approved plans.

13.05.26 Minor amendment to PUD, D-PUD, or PCID.

Applicability.

A request for an amendment shall be sought when there is a change to the approved Planned Unit Development (PUD), Downtown Planned Unit Development (D-PUD), or Planned Commercial Industrial Development (PCID) District.

An amendment shall be classified as a minor amendment if no substantive changes are proposed. Substantive change shall be determined by the Zoning Administrator based on the following factors:

The uses proposed are preexisting uses, allowed in the original approval, or permitted in the underlying zoning district.

The amendment does not result in a significant increase in density.

The amendment does not reduce setbacks or applicable performance standards.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting an Amendment to a PUD, D-PUD, or PCID.

Submission. The application for an amendment shall be filed pursuant to Section 13.05.12C.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Determination of amendment type. The Zoning Administrator shall determine whether the amendment proposed is a minor or major amendment. An application deemed to be a major amendment shall follow the procedures set forth in Section 13.05.27 to PUD, D-PUD, or PCID.

Criteria for review. In considering a minor amendment, the Zoning Administrator shall consider the same criteria as used in establishing a PUD, D-PUD, or PCID.

Decision.

An application for a minor amendment shall include review and approval by the Zoning Administrator.

Issuance of approval.

Recording of requirements. The applicant shall record with the Office of the La Crosse County Register of Deeds the legal description of the PUD, D-PUD, or PCID and the conditions of approval which shall run with the land. If any additional conditions are added to the Final Implementation Plan, said conditions shall not lapse or be waived as a result of any subsequent change in ownership or tenancy and said conditions shall be deemed to be part of the building permit issued for any use or structure in the PUD, D-PUD, or PCID.

Stop work. If after the approval of the PUD, D-PUD, or PCID, any portion of the approved conditions or plans are not met, the Planning, Engineering, Inspection and/or Fire Departments may stop further construction of the development by posting a stop-work order and providing the applicant with written notice by certified mail within two working days of the stop-work order. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the approved plans.

13.05.27 Major amendment to PUD, D-PUD, or PCID.

Applicability. A request for an amendment shall be sought when there is a change to the approved Planned Unit Development (PUD), Downtown Planned Unit Development (D-PUD), or Planned Commercial Industrial Development (PCID) District.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting an amendment to a PUD, D-PUD, or PCID.

Submission. The application for an amendment shall be filed pursuant to Section 13.05.12C.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Hearing on application. The Plan Commission shall hold a public hearing on the proposed Amendment to the approved Final Implementation Plan in accordance with Section 13.05.12J and Table 13.05.11-1.

Criteria for review. In considering an amendment, the Plan Commission and Common Council shall consider the same criteria as used in establishing a PUD, D-PUD, or PCID.

Decision. An application for a major amendment shall include the review of the proposed amendment to the approved Final Implementation Plan at the Plan Commission and formal approval by the Common Council.

Issuance of approval.

Recording of requirements. The applicant shall record with the Office of the La Crosse County Register of Deeds the legal description of the PUD, D-PUD, or PCID the amendment to the Final Implementation Plan, and the conditions of approval, if any, which shall run with the land. Said conditions shall not lapse or be waived as a result of any subsequent change in ownership or tenancy. Said conditions shall be deemed to be part of the building permit issued for any use or structure in the PUD, D-PUD, or PCID.

13.05.28 Historic preservation certificate of appropriateness.

Applicability.

No other person in charge of a significant designated structure, site or site within a Historic Preservation District shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the Historic Preservation Commission. Also, unless such certificate has been granted by the Commission, the Building Inspector shall not issue a permit for any such work.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a certificate of appropriateness application.

Submission of application. The application for a certificate of appropriateness shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Criteria for review. The Historic Preservation Commission shall consider the following criteria in considering an application for a certificate of appropriateness:

In the case of changes to a designated historic structure or historic site, the proposed work would not detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done;

In the case of the construction of a new improvement upon a historic site, or within a Historic District, the exterior of such improvement would not adversely affect or negatively contrast with the external appearance of other neighboring improvements on such site or within the district;

In the case of any property located in a Historic District, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this chapter and to the objectives and design criteria of the historic preservation plan for said district;

The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City of Onalaska;

In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair;

The building or structure is of such old, unusual or uncommon design, texture, and/or materials that it could not be reproduced without great difficulty and/or expense;

The owner of the property submits information that the denial of the certificate of appropriateness will deprive the owner of all reasonable use of, or economic return on, the property; and

In addition, in determining whether to issue a certificate of appropriateness, the Commission shall consider and may give decisive weight to any or all of the following standards:

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

ii.

Most properties change over time; those changes that have acquired historical significance in their own right shall be retained and preserved.

iii.

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

iv.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

vi.

New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

vii.

The benefit of the preservation of a historic site, structure or site within a Historic Preservation District to reach the goals of a City master plan such as a Comprehensive Plan and Downtown Redevelopment Plan as adopted by the Common Council.

Decision.

The Historic Preservation Commission may approve or deny the proposed design and authorize the Zoning Administrator to issue the certificate of appropriateness.

The Historic Preservation Commission may impose such conditions and restrictions as may be necessary to comply with the criteria for review established in this section.

Issuance of certificate of appropriateness.

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.

13.05.31 Public facilities and services; disclaimers.

Determination of adequacy of public facilities and services.

A Preliminary plat, final plat or Certified Survey Map shall not be approved unless it is determined that adequate public facilities and public services will be available to meet the needs of the proposed land division. Adequacy shall be determined to exist when the following conditions exist:

The proposed land division is located in an urban service area where adequate sewer service is presently available for extension, under construction or designated by the Common Council for extension of sewer service within the current capital budget year and funds are specifically provided for such extension either from public or private financing. The Plan Commission and the Common Council shall consider the recommendations of the City Engineer and the appropriate committees on the capacity of trunk lines and of sewerage treatment facilities and any other information presented.

The proposed land division is located within an urban service area contiguous to an arterial transmission water main of adequate capacity for the proposed development or if the water distribution system that is needed is under construction or scheduled for construction within the current budget year, and funds, either public or private, are available for the program. The Plan Commission and the Common Council shall consider the recommendations of the City Engineer and the appropriate committee(s) on line capacities, water sources and storage facilities, as well as any other information presented. The City Engineer verifies to the Plan Commission and the Common Council that adequate funds, either public or private, are available to insure the installation of all necessary stormwater management facilities.

The City Engineer can demonstrate to the Plan Commission and the Common Council that street maintenance and refuse collection services, either public or private, are so situated that adequate and timely service can be provided so as not to involve danger or injury to the health, safety or general welfare to the future residents of the proposed land division or existing City residents.

The Parks and Recreation Director or Zoning Administrator verifies to the Plan Commission that the future residents of the proposed land division can be assured park, recreation and open space facilities and services which meet the standards of the Comprehensive Outdoor Recreation Plan as adopted by the Common Council.

The Police Department and Fire Department verify that timely and adequate service can be provided to the residents.

The proposed land division is accessible by existing or officially mapped, publicly maintained, all weather roadway system, adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division in accordance with the Official Map and City standards.

Where the Plan Commission and the Common Council determine that one or more public facilities or services are not adequate for the proposed development, but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.

No land shall be divided which has been officially mapped as public lands stormwater management facility or is determined by the Common Council to be unsuitable for use by reason of flooding, bad drainage, soil or rock formations with severe limitations for development, severe erosion potential or unfavorable topography, or any other feature likely to be harmful to health, safety or welfare of future residents or landowners in the proposed land division or of the community.

The above requirements shall not apply to those areas outside the corporate limits of the City of Onalaska and within the City's extraterritorial limits. Areas within the City capable of being served by public sewer and water shall be required to connect to the City of Onalaska public water distribution and/or public sewerage system if determined by the City Engineer to be feasible. If such connection(s) are not determined feasible, the proposed land division shall provide for adequate on site systems and such special piping provisions as may be necessary to serve the anticipated development during the interim period until such City public water and/or sewerage systems are determined by the City Engineer to be feasibly available for connection. The subdivider, and their heirs and assigns, shall, by written plat restriction, agree to abandon the interim water and sewerage facilities and connect to the City public water and sewerage facilities upon a determination by the City Engineer that such facilities are available for feasible connection.

Disclaimers on approvals.

The purpose of requiring approvals under this Title is to insure the health, safety, morale, comfort, prosperity and general welfare of the City. This Title shall not be interpreted as placing any responsibility or liability on any City official, City employee or the City as a municipal corporation for the granting of approval or the denial of any approval. All approvals rendered as part of this Title shall be considered as being approved conditionally based on the information and circumstances apparent at that time.

Approvals issued by the City shall not be construed as an assumption or expression of any responsibility, warranty or guarantee for the design or construction of any improvements within the land division.

13.05.32 Minor subdivision/metes and bounds: lot line adjustment.

Applicability.

To transfer land from one existing parcel to another, where both new parcels meet code requirements.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a minor subdivision application.

Submission. The application for a minor subdivision shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed. The Zoning Administrator and City Engineer shall review the application and plans and refer them to applicable City staff for review.

Decision. The Zoning Administrator and City Engineer shall approve or deny the application and provide the applicant with written notice of the decision and reasons for approval or denial.

Recordation. The subdivider shall record the Certified Survey Map or Metes and Bounds Survey Map within 30 days of approval at the Office of the La Crosse County Register of Deeds and provide a copy of the recorded document to the Engineering Department. Failure to do so shall necessitate a new review and reapproval.

13.05.33 Minor subdivision/metes and bounds: land division.

Applicability.

Platted area. When it is proposed to divide a lot, outlot or block within a recorded subdivision plat, into not more than four parcels or building sites, any one of which is five acres or less in size and without changing the exterior boundaries of said plat, the subdivider may do so by either a Certified Survey Map or by use of a Metes and Bounds Survey Map in accordance with this section.

Unplatted area. When it is proposed to divide land by the owner or applicant resulting in the creation of not more than four parcels or building sites, any one of which is five acres in size or less, the subdivider shall prepare a Certified Survey Map in accordance with this Title.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a minor subdivision application.

Submission. The application for a minor subdivision shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Decision.

The Plan Commission shall recommend approval, conditional approval, or denial of the Certified Survey Map or Metes and Bounds Survey Map and shall transmit the application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

After consideration of the Plan Commission's recommendations, the Common Council shall review and approve, approve conditionally, or deny the requested land division.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

Recordation. The subdivider shall record the Certified Survey Map or Metes and Bounds Survey Map within 30 days of Common Council approval of the land division at the Office of the La Crosse County Register of Deeds and provide a copy of the recorded document to the Engineering Department. Failure to do so shall necessitate a new review and reapproval of the map by the Common Council.

13.05.34 Major subdivision preliminary plat.

Applicability. A preliminary plat application shall be submitted to the City when any of the following apply:

The applicant is proposing to create five or more lots as part of the subdivision.

The applicant is proposing to divide land into parcels that are larger than five acres.

The applicant is proposing to change the exterior boundaries of an existing plat.

Successive divisions within a five-year period creating five or more parcels or building sites (i.e., lots or outlots).

Pre-application meeting.

A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a preliminary plat application.

The applicant may request a meeting with the Plan Commission Subcommittee to obtain information and guidance before entering into binding agreements or incurring substantial expense. This consultation is neither formal nor mandatory but is intended to inform the subdivider of the purpose and objectives of these regulations, the Comprehensive Plan, and duly adopted plan implementation devices of the City. Discussions that occur are not binding on the City and do not constitute official assurances or representations of the City.

Submission.

The application for a preliminary plat shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed.

The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.

Criteria for review. In evaluating a preliminary plat, the Plan Commission and Common Council should consider:

Consistency with the Comprehensive Plan.

The level of preservation and enhancement natural features and open spaces.

The adequacy of public streets and utilities.

Decision.

Following the public hearing, the Plan Commission shall recommend approval, conditional approval, or denial of the preliminary plat and shall transmit the plat and application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

The Common Council shall review and approve, approve conditionally, or deny the preliminary plat application.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

Effect of preliminary plat approval.

Simultaneously with the filing of the preliminary plat or map, the owner shall file with the City Clerk three physical copies and one electronic copy of the final plans and specifications of public improvements required by this chapter.

Upon approval of the preliminary plat, and if approved by the City Engineer, the applicant may start work on all improvements. Depending on the type of improvements, the City Engineer may require the establishment of a development agreement before work commences.

The preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the final plat, which will be subject to further consideration by the Plan Commission and Common Council at the time of its submission.

Preliminary plat amendment. Requested amendments to the preliminary plat shall follow the same procedure outlined in this section. Should the subdivider desire to amend the preliminary plat as approved, they may resubmit the amended plat which shall follow the same procedure, except for the fee, unless the amendment is, in the opinion of the Plan Commission, of such scope as to constitute a new plat, in which such case it shall be refiled and follow the procedures as described above.

13.05.35 Major subdivision final plat.

Applicability.

An approved preliminary plat shall be on file with the City prior to applying for a final plat that substantially conforms to the preliminary plat.

Partial platting. The final plat may, if permitted by the Common Council, constitute only that portion of the approved preliminary plat, which the subdivider proposes to record at the time.

Submission.

The application for a final plat shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

The application for a final plat shall be submitted not later than 36 months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the applicant and for good cause granted by the City for a maximum of an additional three years.

Review process.

Application distributed.

The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

The Zoning Administrator shall provide copies of the application to the applicable county and state agencies which shall have the opportunity to comment on the application.

Criteria for review.

Substantial conformance with the approved preliminary plat and all conditions of approval.

Conformance with this Title and all other applicable ordinances, rules, and regulations.

Consistency with the Comprehensive Plan's goals, objectives, and policies.

Decision.

The Plan Commission shall review the final plat and shall recommend approval, approval with conditions, or denial of the application to the Common Council. The final plat and application, along with the Plan Commission's recommendations, shall be transmitted to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

When the Plan Commission determines to approve a final plat, the Planning Department shall give at least 10 days' prior written notice of its intention to the Municipal Clerk of any municipality within 1,000 feet of the final plat.

The Common Council shall review and approve, approve conditionally, or deny the final plat application within 60 days after submission, unless such time is extended by agreement with the applicant.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

The City of Onalaska may not inscribe its approval on the final plat prior to the certification of no objection by the Department of Administration.

Effect of final plat approval.

Recordation. After the final plat has been approved by the Common Council and required improvements either installed or a contract and sureties insuring their installation is filed, the City Clerk shall release the final plat for recording with the Office of the La Crosse County Register of Deeds. Recording of the final plat and all associated conditions of approval must be completed within six months from the date of issuance by the City.

Final copies. The applicant shall file three copies of the final plat with the Planning Department for distribution to the approving agencies, affected utilities and other affected agencies for their files.

Replat.

Except as provided in § 70.27(1), Wis. Stats., as may be amended, when it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the applicant shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats., as may be amended. The applicant shall then proceed, using the procedures for preliminary and final plats specified in Sections 13.05.34 and 13.05.35 above.

13.05.36 Extraterritorial plat review.

Applicability.

Plats and minor land divisions within the extraterritorial plat approval jurisdiction of the City of Onalaska are subject to this section pursuant to § 236.45(3), Wis. Stats., as may be amended.

Submission.

The application for extraterritorial plat review shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed.

The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.

Review criteria.

City Staff may review minor land divisions (Certified Survey Maps) within 1.5 miles of the municipal boundary limits, provided the proposed subdivision complies with the stated criteria below.

The Plan Commission may recommend approval of plats subdividing portions of land to the Common Council, provided that the proposed subdivision complies with the following:

The proposed subdivision is compatible with adjacent land uses and maintains the general pattern of land uses in the immediate area.

ii.

The proposed subdivision, if approved, would result in a land use and development pattern compatible with surrounding development and land use patterns with regard to parcel size, lot frontage and access, aesthetics, traffic generation, public safety considerations, and impact on surrounding land use.

iii.

The proposed subdivision and resulting development shall not adversely affect the City's ability to provide public services and or future annexations and continuation of municipal infrastructure.

iv.

The proposed subdivision does not conflict with the City of Onalaska Comprehensive Land Use Plan.

Decision.

City Staff may review minor land divisions (Certified Survey Maps) within 1.5 miles of the municipal boundary limits and approve, approve conditionally, or deny the application and state any findings in writing. City Staff reserve the right to forward any minor land divisions to the Plan Commission and Common Council for review and consideration.

The Plan Commission shall review plat applications and shall recommend approval, approval with conditions, or denial of the application to the Common Council. The application and recommendations shall then be transmitted to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

The Common Council reserves the right to reject any application due to the subdivision submission conflicting with local Comprehensive Planning objectives requiring intergovernmental coordination, boundary agreements and for insufficient study of the fiscal impact of service and infrastructure delivery impacts.

The Common Council shall review and approve, approve conditionally, or deny the application. The Common Council decision shall be final.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

Effect of approval.

Required improvements. An applicant may proceed with the installation of improvements under such regulations as the Town within whose limits the plat lies may require, provided approval has been granted by all agencies or units of government required under this section.

Recordation of certified survey map. After the Certified Survey Map has been approved and signed by the designated City staff, the Certified Survey Map shall be recorded with the Office of the La Crosse County Register of Deeds. Recording of the Certified Survey Map and all associated conditions of approval must be completed within six months from the date of issuance by the City.

Recordation. After the plat has been approved by the Common Council and required improvements either installed or a contract and sureties insuring their installation is filed, the City Clerk shall release the plat for recording with the Office of the La Crosse County Register of Deeds. Recording of the plat and all associated conditions of approval must be completed within six months from the date of issuance by the City.

Final copies. The applicant shall file three copies of the plat or one copy of the Certified Survey Map with the Planning Department for distribution to the approving agencies, affected utilities, and other affected agencies for their files.

13.05.41 UDC text amendment.

Applicability.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Common Council may, by ordinance, amend, change or supplement the text of the regulations established by this Title or amendments thereto.

A request to amend the UDC can be made by the:

City Planning Department, Plan Commission or Common Council.

A property owner or representative of a property owner.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting an ordinance amendment application.

Submission. The application for an amendment shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed. The Zoning Administrator shall review the application and refer it to applicable City staff for review.

Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.

Decision.

The Plan Commission shall review the application and recommend approval, conditional approval, or denial of the amendment and shall transmit the application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

Following receipt of the Plan Commission's recommendation, the Common Council shall review and approve, approve conditionally, or deny the amendment application.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

In the event of protest against amendment to the text of the regulations of this Title, it shall cause a 3/4 vote of the full Common Council membership to adopt such amendment.

13.05.42 Zoning Map amendment (rezoning).

Applicability. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Common Council may, by ordinance, change the district boundaries established by this chapter and the Zoning Map incorporated herein and/or the Supplementary Floodplain Zoning Map incorporated herein.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a Map Amendment application.

Submission. The application for an amendment shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed. The Zoning Administrator shall review the application and refer it to applicable City staff for review.

Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.

Decision.

The Plan Commission shall review the application and recommend approval, conditional approval, or denial of the Map amendment and shall transmit the application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

Following receipt of the Plan Commission's recommendation, the Common Council shall review and approve, approve conditionally, or deny the amendment application.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

If a request for a Map amendment (rezoning) has been denied by the Council, no person may again request the same zoning change for the same parcel until the expiration of one year after the previous denial.

Such restriction shall not apply if the subsequent Map amendment (rezoning) request is premised upon a proposed development or use of the parcel which is substantially different than the previously rejected development or use and which addresses the previously expressed concerns of the Plan Commission.

ii.

Substantially different shall be determined by the Plan Commission based primarily on a change of use, density or arrangement of development.

iii.

Any request for a Map amendment (rezoning) within the one year limit shall be initially reviewed by the Plan Commission for compliance with this subsection. After such review, the Plan Commission shall determine whether the application is substantially different and whether a public hearing can be set for consideration of the request.

iv.

A protest against amendment of the Zoning Map. In the event of protest against amendment to the Zoning Map, it shall result in the need for a 3/4 vote of the full Common Council membership for such amendment to be adopted.

Update map on file. The Zoning Administrator shall be responsible for updating the Zoning Map on file with any amendments adopted.

13.05.43 Establishment of Medical Campus (MC) District.

Applicability. The establishment of a Medical Campus District is intended to provide for the development of medically related uses which, by their interrelationship, benefit from proximity and a well-designed environment with a unified feel.

Pre-application meeting.

A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a MC Campus Master Plan application.

Submission. The application shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Combined applications. An application for the establishment of a Medical Campus District (MC) may be accompanied by all other discretionary requests, such as subdivision review, in order to minimize review periods.

Authority. Authority is given to the Plan Commission to combine separate permit applications into one application for the convenience of the applicant and the City; however, individual permit fees shall apply.

Review process.

Application distributed. The Zoning Administrator shall review the application and refer it to applicable City staff for review.

Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.

Criteria for review. Approval of the Campus Master Plan will be based on the degree to which it meets the intent of the Medical Campus District; implements the goals of the Comprehensive Plan; and reflects adopted neighborhood, corridor, or special area plans adjacent to district boundaries.

Decision.

Following the public hearing, the Plan Commission shall review the application and recommend approval, conditional approval, or denial of the Medical Campus District and shall transmit the application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

Following receipt of the Plan Commission's recommendation, the Common Council shall review and approve, approve conditionally, or deny the Medical Campus District.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

Issuance of approval.

Recording of requirements. The applicant shall record with the Office of the La Crosse County Register of Deeds the legal description of the Medical Campus District and the conditions of approval which shall run with the land if any additional conditions are added to the Campus Master Plan. Said conditions shall not lapse or be waived as a result of any subsequent change in ownership or tenancy. Said conditions shall be deemed to be part of the building permit issued for any use or structure in the MC District.

Stop work. If after the approval of the MC District, any portion of the approved conditions or plans are not met, the Planning, Engineering, Inspection and/or Fire Departments may stop further construction of the development by posting a stop-work order and providing the applicant with written notice by certified mail within two working days of the stop-work order. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the approved plans.

Effect of approval.

Campus Master Plans approved as part of the rezoning to Medical Campus District shall be effective for 10 years and require a full update on or before the end of year eight and every five years thereafter.

It is expected that Campus Master Plans will identify building locations and maximum heights, but are not required to include detailed designs of each building. Building design review will be conducted according to site plan review procedures identified in Section 13.05.21.

13.05.44 Medical Campus MC Master Plan minor amendment.

Applicability.

A request for a minor amendment shall be sought when there is a change to the approved Campus Master Plan or an update is required pursuant to Section 13.05.42.

An amendment shall be classified as a minor amendment if no substantive changes are proposed. Substantive change shall be determined by the Zoning Administrator based on the following factors:

Use;

Density;

Intensity of overall Campus Master Plan; and

Whether proposed change(s) will negatively affect adjacent properties and districts.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a MC Campus Master Plan Minor Amendment application.

Submission. The application for an Amendment shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed. The Zoning Administrator shall review the application and refer it to applicable City staff for review.

Criteria for review. In considering a minor amendment, the Zoning Administrator shall consider the same criteria as used in establishing the Medical Campus District.

Administrative review. When the application is reviewed by the Planning Department, the application will be granted, denied or referred for additional review and/or request for more information.

Issuance of approval.

13.05.45 Medical Campus MC Master Plan major amendment.

Applicability.

A request for a major amendment shall be sought when there is a change to the approved Campus Master Plan or an update is required pursuant to Section 13.05.42.

An amendment shall be classified as a major amendment if substantive changes are proposed. Substantive change shall be determined by the Zoning Administrator based on the following factors:

Use;

Density;

Intensity of overall Campus Master Plan; and

Whether proposed change(s) will negatively affect adjacent properties and districts.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a MC Campus Master Plan major amendment application.

Submission. The application for a major amendment shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed. The Zoning Administrator shall review the application and refer it to applicable City staff for review.

Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.

Criteria for review. In considering a major amendment, the Zoning Administrator shall consider the same criteria as used in establishing the Medical Campus District.

Decision.

Following the public hearing, the Plan Commission shall review the application and recommend approval, conditional approval, or denial of the Major Amendment and shall transmit the application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

Following receipt of the Plan Commission's recommendation, the Common Council shall review and approve, approve conditionally, or deny the major amendment.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

Issuance of approval.

13.05.46 Annexation.

Applicability. Subject to § 66.0217, Wis. Stats., as may be amended, an applicant may request to annex land into the City of Onalaska, provided that the land is contiguous to the City's municipal boundary.

Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting an application for annexation.

Submission. The application for anexation shall be filed on a state-designated form and follow the standards set forth in Section 13.05.12C and Table 13.05.11-1.

Review process.

Application distributed.

The Zoning Administrator shall review the application and refer it to applicable City staff for review.

The Zoning Administrator shall provide copies of the application to the applicable county and state agencies which shall have the opportunity to comment on the application.

Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.

Criteria for review. The City should approve applications for Annexation into the City of Onalaska only when meeting the following utilities and community facilities criteria, or if other important community goals are met:

The area proposed for annexation has access to or can be easily connected to areas already served by the City, thereby allowing efficient delivery of services, facilities and utilities.

The annexation is in an area designated for growth on the City's Future Land Use Map.

All public improvements, both off-site and on-site, necessary to serve the annexation area can be constructed and financed in accordance with City standards and policies, and in accordance with the goals and objectives within the Comprehensive Plan.

The annexation area can be developed in a timely manner so that the City does not invest in development costs without the timely return of necessary fees and taxes.

The increased tax base and overall benefits to the City of approving the annexation outweigh the actual financial impact on the community for providing police, fire, road maintenance and other public improvements and services to the annexation area.

Decision.

Following the public hearing, the Plan Commission shall review the application and recommend approval, conditional approval, or denial of the annexation and shall transmit the application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

Following receipt of the Plan Commission's recommendation, the Common Council shall review and approve, approve conditionally, or deny the annexation application.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

If an application for annexation has been denied by the Council, no person may again apply for the annexation of that parcel until the expiration of one year after the previous denial.

Such restriction shall not be applicable if the subsequent annexation is premised upon a proposed development and/or addresses the previously expressed concerns of the Plan Commission.

ii.

Any request for annexation within the one-year limit shall be initially reviewed by the Plan Commission for compliance with this subsection. After such review, the Plan Commission shall determine whether a public hearing can be set for consideration of the application.

iii.

A protest against annexation. In the event of protest against annexation, it shall result in the need for a 3/4 vote of the full Common Council membership for such annexation to be adopted.

Update map on file. The Zoning Administrator shall be responsible for updating the Zoning Map on file with any annexations approved.

13.05.47 Official Map amendment.

Applicability.

The Common Council may change or add to the Official Map so as to establish the exterior lines of planned streets, highways, railroad rights-of-way and parkway corridors.

An amendment to the Official Map may be initiated by the Common Council, Plan Commission, or applicable City staff.

Review process.

Application distributed. The Zoning Administrator shall review the application and refer it to applicable City staff for review.

Decision.

Following the public hearing, the Plan Commission shall review the application and recommend approval, conditional approval, or denial of the map amendment and shall transmit the application along with its recommendations to the Common Council.

The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

Following receipt of the Plan Commission's recommendation, the Common Council shall review and approve, approve conditionally, or deny the amendment.

The Common Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.

13.05.51 Traffic.

Applicability.

The applicant shall be required to file a Traffic Impact Study if the Zoning Administrator, City Engineer, Plan Commission, or Common Council determines that the development meets conditions warranting further study.

Upon determination that a Traffic Impact Study is required, the Planning and Engineering Departments will identify the area of impact, the critical intersections to be analyzed and the scope of the study.

Pre-study meeting.

The individual parameters of the Traffic Impact Study will be agreed upon during an initial prestudy meeting between the applicant and applicable City staff.

The applicant, or their representative, shall document the discussions at the pre-meeting and submit a letter of confirmation to the City for approval.

After review of the letter of confirmation, the Planning Department shall provide the applicant with a letter confirming approval of the study parameters. This confirmation should be obtained prior to the beginning of analysis.

Failure to obtain approval for the methodologies, parameters or assumptions used, in the Traffic Impact Study, may result in rejection of the entire study by the City.

Study parameters and methodology.

Parameters for a Traffic Impact Study may include, but not be limited to, the following and shall be determined as part of the pre-study meeting:

Boundary of the traffic impact area;

Roadway segments and critical intersections to be included in the study;

Adequacy of available turning movement counts and need for additional data;

Period of analysis (a.m. and/or p.m. peak-hour weekday and/or weekend, depending on the development);

Trip-generation rates or acceptable sources to be used;

Reductions to driveway trips due to internal circulation (if applicable);

Percentage of trip reassignment to account for pass-by and diverted traffic;

Directional distribution of site-generated traffic;

Mode split assumptions (if applicable);

Roadway capacity and trends in traffic growth;

Acceptable methodologies to be used;

The range of feasible traffic engineering and operational improvements associated with the development;

Feasibility of including measures in the development proposal to promote transit ridership;

Possibility of implementing other transportation system management strategies such as flextime and variable work-hour programs to redistribute peak-hour traffic, employer ride-sharing programs, preferential parking for ride sharers, etc.;

Possibility of implementing provisions for alternative modes of transportation, such as bikeways, pedestrian walkways, including the provision of sidewalks along state highways and along the county through roads system;

The identification of high accident locations; and

A formal cost estimate of mitigation measures (including construction, design, right-of-way and utility relocation cost).

The methodology shall be in accordance with the following guidelines:

Operating capacity and level of service analysis shall be provided for critical roadway segments and/or intersections within a predetermined impact area.

Capacity and level of service analysis will be conducted for the following conditions:

Existing traffic, to establish the current conditions as a point of reference;

ii.

Existing plus expected natural traffic growth, and approved development projects not yet completed, if any, to establish the short-term future traffic conditions without the proposed development;

iii.

Full development traffic condition (including existing traffic, expected natural growth, approved development projects, and expected site-generated traffic), to estimate future traffic conditions once the project is completed.

iv.

If the proposed development is expected to be constructed in phases, over a period of years, analysis for each phase of development must be provided for each of the above conditions and should include a predetermined rate for natural growth of through traffic.

If the proposed development includes a request for rezoning, the study should also include an analysis comparing the traffic generated by the proposed development with the traffic generated by the existing zoning or land use/zoning recommendations in Corridor Plans or Neighborhood Plans. This analysis should be very brief, possibly consisting only of a table comparing the expected number of new trips generated by the recommended zoning and the proposed development plan. In addition, a short narrative should be present comparing the percentage or basic differences between the two scenarios.

Review process.

Applicable City staff shall review the completed Traffic Impact Study in conjunction with the development plan and make a recommendation to the Plan Commission.

Decision.

The Plan Commission may make a recommendation for approval or denial of a development plan based on the Traffic Impact Study provided to the Common Council.

The Common Council may approve or deny a development plan based on the Traffic Impact Study provided.

13.05.52 Air quality.

Applicability.

The applicant shall be required to file an Air Quality Study if the Zoning Administrator, City Engineer, Plan Commission, or Common Council determines that the development meets conditions warranting further study.

Study content and methodology. The content and methodology of the Air Quality Analysis shall be demonstrate the project's conformance with the following guidelines:

Particulate emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in § NR 154.11, Wis. Adm. Code.

Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in § NR 154.11(6), Wis. Adm. Code.

Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in § NR 154.19, Wis. Adm. Code.

Review process.

Applicable City staff shall review the completed study in conjunction with the development plan and make a recommendation to the Plan Commission.

Decision.

The Plan Commission may make a recommendation for approval or denial of a development plan based on the Air Quality Study provided to the Common Council.

The Common Council may approve or deny a development plan based on the Air Quality Study provided.

Onalaska City Zoning Code

CHAPTER 05

Administration and Procedures

13.05.11 Summary table.

[Amended 7-12-2022 by Ord. No. 1739-2022]

Table 13.05.11-1 summarizes the review process for the various types of development applications processed under this chapter.

Table 13.05.11-1: Development Procedures Summary
Type of Application	Pre-Application Meeting with Staff	Public Hearing Required	Administrative	Plan Commission	Common Council	Board of Zoning Appeals	Historic Preservation Commission	Final Action
Type of Application	R-Required S-Suggested	Y-Yes Blank-No	R-Review D-Decision A-Appeal PH - Public Hearing					Final Action
Site-Related
Site plan permit	R		D					Site plan permit and conditions of approval
Conditional use permit	S	Yes		D PH				Resolution with conditions of approval
Variance	R	Yes				D PH		Board of Zoning decision
Appeal of UDC Interpretation						D		Board of Zoning decision
Establishment of a planned unit development (PUD) or downtown planned unit development (D-PUD)	R	Yes		R PH	D			Conditions of approval
Minor amendment to PUD, D-PUD, or PCID	R		D					Conditions of approval
Major amendment to PUD, D-PUD, or PCID	R	Yes		R PH	D			Conditions of approval
Historic preservation certificate of appropriateness	S						D	Certificate of appropriateness
Subdivision-Related
Minor subdivision/metes and bounds lot line adjustment	S		D					Signed Certified Survey Map
Minor subdivision/metes and bounds land division	S			R	D			Conditions of approval and Signed Certified Survey Map
Major subdivision - preliminary plat	R	Yes		R	D			Conditions of approval
Major subdivision - final plat				R	D			Conditions of approval and signed final plat
Extraterritorial plat review	R			R	D			Conditions of approval. (No appeals.)
Extraterritorial minor land division review			D					Conditions of approval and Signed Certified Survey Map
Ordinance Amendment
Text amendment	S	Yes		R PH	D			Ordinance
Map amendment	R	Yes		R PH	D			Ordinance and conditions of approval
Establishment of a Medical Campus District	R	Yes		R PH	D			Ordinance and conditions of approval
Minor amendment to Medical Campus District	S		D					Conditions of approval
Major amendment to Medical Campus District	R	Yes		R PH	D			Conditions of approval
Annexation	R	Yes		R PH	D			Ordinance and conditions of approval
D-PUD Downtown Parking Reduction Level 1 Request	R	No	D					Conditions of approval
D-PUD Downtown Parking Reduction Level 2 Request	R	Yes			D			Conditions of approval