Pleasant Prairie City Zoning Code

Ensure that the development and use of real property in the Village is in compliance with all applicable requirements of Village ordinances and is compatible with its natural and man-made surroundings;

Promote the wise use, development, conservation and protection of the soil, water, wetland, woodland and wildlife resources within the Village and achieve a balanced relationship between land use and development and the supporting and sustaining natural resource base;

Require coordinated site planning and assure adequate standards for such planning;

Promote attractive and aesthetically pleasing surroundings in the Village;

Prevent the overcrowding of land and avoid undue concentration of population;

Lessen congestion in the streets and highways;

Provide for proper ingress and egress;

Secure safety from fire, panic and other dangers;

Preserve and enhance the value of real property in the Village;

Further the orderly layout and appropriate use of land;

Facilitate adequate provision for transportation, water supply, stormwater management, sewerage, schools, parks, playgrounds and other public facilities and services;

Secure safety from flooding, water pollution, disease and other hazards;

Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood-control projects;

Prevent and control erosion, sedimentation and other pollution of surface and subsurface waters;

Provide for adequate light and air;

Preserve natural vegetation and shore cover and promote the natural beauty of the Village;

Restrict building sites in areas of poor soils or in other areas poorly suited for development for which engineered building practices are unsuitable;

Coordinate the dedication and reservation of appropriately located sites for streets (including adequate right-of-way for anticipated future widening of streets), water supply, stormwater and sewerage systems and facilities, schools, parks and playgrounds and other desirable public facilities and services;

Facilitate the administration and enforcement of this chapter and other applicable Village ordinances;

Assist in the implementation of the Village's Comprehensive Plan and other plan elements;

Avoid the harmful effects of premature development of land; and

Provide for the updating, modernizing and revitalizing of older buildings and sites within the Village.

In any R-8, R-9, R-10, R-11 and R-12 Residential District, except for one single-family building, one two-family building on its own lot and except for one single-family building within the R-12 District:

In any zoning district other than a R-8, R-9, R-10, R-11 and R-12 Zoning District, any activities of the type specified in Subsection A above, with respect to any use of such real property that would be allowed as a permitted or conditional principal use in any R-8, R-9, R-10 and R-11 Zoning District, or with respect to any accessory use to any such principal use, or with respect to the site of any such principal or accessory use, or with respect to any building or structure used for or in connection with any such principal or accessory use.

By Plan Commission.

By Zoning Administrator. The Village Zoning Administrator shall have authority to review and decide all applications for a residential development plan approval other than those specified in Subsection A, above, after review, comment and recommendation by other members of the Village staff and/or expert consultants, as provided for in this article.

Application forms and attachments. Applications for a residential development plan approval shall be made on forms obtained from the Village's Community Development Department. Any application relating to real property for which residential development plan approval has not previously been granted shall be a full residential development plan approval application; provided, however, that an application filed only pursuant to § 420-57.2A(5) above, shall be required to address the proposed exterior alterations or repairs and compliance of such alterations or repairs with applicable construction design standards (and, in the case of proposed exterior alterations or repairs to a sign, their compliance with applicable sign standards). An application involving no change in an approved residential development plan other than a change of occupancy, or involving only minor or discrete amendments to an approved residential development plan, shall generally be subject to the provisions of Subsection D, below, relating to waiver of application requirements. Except as otherwise specifically provided in this section, each applicant for any residential development plan approval shall fully, accurately and legibly complete the application form and shall file with it three full-size sets of the plans and a PDF copy of the plans and other materials and information identified in Subsection B below and described in much greater detail in § 420-57.7 below, together with the required filing fee, which shall be payable at the time of application. (Required filing fees are set out in Article V of this chapter; fees of expert consultants used by the Village in the review and evaluation of an application for residential development plan review shall be invoiced separately by the Village and shall be paid by the applicant within 30 days of the date of the invoice.)

Residential development plan components.

Filing. Applications for residential development plan approval shall be filed with the Village's Community Development Department. Obviously incomplete applications shall not be accepted for filing.

Waiver. The Village Zoning Administrator may waive in writing any application requirement which is not necessary for the effective review and determination of the application. In the event of an application to renew a residential development plan approval that has lapsed for purposes of the issuance of permits pursuant to § 420-57.6I below, the requirement of initially filing a new set of plans shall be waived if the previously approved plans are on file and readily accessible, unless the Zoning Administrator knows that substantial changes in the previously approved plans will need to be made. Such waivers may be discussed and/or issued at a preapplication conference or at any time during the application or review process. A preapplication conference with the Zoning Administrator or other Village zoning staff members is required for the purpose of discussing the application requirements, as they apply to a particular proposed project or activity and potential waivers of such requirements.

Streamlining. The Village Zoning Administrator shall develop checklists, affidavits of no change and/or other methodologies to help streamline the processing of residential development plan approval applications whenever possible.

Preliminary residential development plan approval. An applicant may apply for preliminary residential development plan approval prior to submitting an erosion control permit application for early mass grading, or in connection with an early foundation permit, or for other good cause shown. Applications for preliminary residential development plan approval shall be filed and processed in accordance with this article, but the application requirements for such a preliminary approval shall be limited to a completed application form, survey, a site plan, a grading and drainage plan, an operational plan (and if an early foundation permit is sought, a preliminary building plan), plus any additional requirements imposed by the Village Zoning Administrator in light of the particular facts and circumstances of the situation, and payment of a filing fee. Without limitation, the waiver and deferral provisions of Subsections D and G, respectively, shall be applicable. A preliminary residential development plan approval shall vest no rights in the applicant against changes in any ordinance requirements that occur prior to final residential development plan approval, and a condition of any preliminary residential development plan approval shall be that the applicant accepts all risks of relying on the preliminary approval. Any approved preliminary residential development plan shall automatically be superseded by any subsequently approved residential development plan.

Deferral of signage plan and/or landscaping plan review and approval. The applicant for an initial or amended residential development plan approval under circumstances where there will be a substantial interval of time between residential development plan approval and occupancy may request deferred review and approval of that part of the required signage plan relating to proposed new or modified signs and/or that part of the landscaping plan. Although the project may be allowed to proceed in advance of approval of the signage plan and/or the landscaping plan, the conditions of any residential development plan approval with respect to which any deferred review is approved shall include each of the following conditions: that the applicant assumes all risks of relying on the plan approval in advance of obtaining the deferred approvals, that no work shall proceed with respect to any deferred matters until the applicable plans have been reviewed and approved and any other required permits or approvals with respect to such deferred matters have been obtained, and that occupancy of the real property shall not be permitted until such time as the deferred plans are approved and the approved signage and/or landscaping is installed (subject only to an approved delay in installing landscaping due to cold and/or inclement weather and then only upon entering into a satisfactory development agreement and providing satisfactory security). The Village Zoning Administrator shall have authority to decide all applications for any such deferred plan review and for approval of any deferred plans, regardless of whether the Zoning Administrator or the Plan Commission had authority to decide the application for residential development plan approval as originally filed.

Incorrect or inaccurate information. The provision of material information on or in connection with any application for residential development plan approval that is incorrect or inaccurate and not timely corrected shall be grounds for denial of the application, issuance of a stop-work order, suspension or revocation by the applicable decisionmaker of any approved residential development plan which is significantly affected by such incorrect or inaccurate information. If the problem is not promptly and satisfactorily resolved after written notice and an opportunity to be heard (e.g., the filing of correct information showing that the approval was properly granted, or the filing of an application for amended residential development plan approval coupled with a voluntary interim cessation of the activities in question), and/or the commencement of a legal action seeking an injunction, forfeitures and/or other appropriate relief. An applicant for any residential development plan approval shall have a duty to correct, update and/or supplement an application containing information that was either incorrect or inaccurate when filed or that has become incorrect or inaccurate during the pendency of the application. Any such changes in an application may delay the processing or decision of such application.

Preliminary determination of completeness. The Village Zoning Administrator shall use reasonable efforts to make a preliminary determination of completeness with respect to any application for residential development plan approval accepted for filing and shall notify the applicant of any additional information or materials required to complete the application. The Zoning Administrator may deny an application for incompleteness if the application is not completed within 30 days after notification of items required to complete the application.

Staff and/or consultant review. Upon making a preliminary determination that an application for residential development plan approval is complete, the Zoning Administrator shall promptly transmit the application and accompanying information and materials to appropriate Village staff members and/or to expert consultants for review, comment and recommendation, as the Zoning Administrator determines is required under the facts and circumstances of the particular application.

Summary approval/disapproval. Notwithstanding Subsection B above, the Zoning Administrator shall be authorized to approve summarily an application for residential development plan approval, without circulating the application to other Village staff members and/or expert consultants for review, comment and recommendation, when the application involves no change or only minor amendments to an approved residential development plan, and there are no apparent violations of such approved plan, the conditions of plan approval, or the provisions of any applicable Village ordinance. Similarly, the Zoning Administrator shall be authorized to disapprove summarily an application for residential development plan approval requiring an amendment of the map or text of the Village Zoning Ordinance, if an application for such a Zoning Ordinance map or text amendment is not pending and if satisfactory arrangements have not been made with the Zoning Administrator to process the application for residential development plan approval in conjunction with the application for a Zoning Ordinance map or text amendment.

Zoning Administrator action. Promptly after completion of the Village staff and/or expert consultant review of an application for residential development plan approval, or promptly after the preliminary determination of completeness if the Village Zoning Administrator determines that staff and/or consultant review is unnecessary, the Zoning Administrator shall either notify the applicant of any additional information or materials required as a result of the staff and/or consultant review; or decide the application, if the Zoning Administrator has authority to decide it, and notify the applicant by of the decision, including all conditions of approval and all reasons for denial; or transmit the application and related staff and/or consultant comments and recommendations to the Plan Commission for decision. The Zoning Administrator shall make reasonable efforts to take one of these three actions within 60 days after the date of preliminary determination of completeness, and other Village staff members and consultants shall make reasonable efforts to facilitate timely action by the Village Zoning Administrator. If the Zoning Administrator notifies the applicant that additional information or materials are required after the preliminary determination of completeness, the Zoning Administrator shall make reasonable efforts to decide the application and notify the applicant of the decision, or to transmit the application and related staff and/or consultant comments and recommendations to the Plan Commission for decision, within 30 business days after the filing of all such additional information or materials, unless further staff and/or consultant review, comment and recommendation is required with respect to such additional information. In such event, the Zoning Administrator shall make reasonable efforts either to decide the application and notify the applicant of the decision or transmit the application to the Plan Commission for recommendation within 30 business days after the filing of all such additional information or materials.

Plan Commission action. The Plan Commission shall make reasonable efforts to decide an application for residential development plan approval within 30 days from the date on which the application and staff and/or consultant comments and recommendations are transmitted to it for decision, unless said application is tabled to request further information. The Village Zoning Administrator shall make reasonable efforts to notify the applicant of the Plan Commission's decision by first class mail or by email within 10 days after the decision, including all conditions of approval and all reasons for denial.

Decisions. Residential development plan approval shall be granted if the application and documents and information submitted in connection with the application demonstrate that the proposed project or activity with respect to which the application is filed will comply with all applicable Village ordinance requirements (including, without limitation, satisfaction of all applicable conditions precedent established by provisions of Chapters 180, 370, 381, 395, 405, 410 and 420 of the Village Code) and will comply with all other requirements of applicable federal, state or county statutes, regulations, ordinances or other laws relating to land use, buildings, development control, land division, environmental protection, sewer service, water service, stormwater management, streets and highways and fire protection. For the purpose of ensuring compliance with such legal requirements, the Zoning Administrator or the Plan Commission may reasonably condition approval of a residential development plan upon the submission of additional information or modified plans, the completion of specified public improvements or the satisfaction of other specified requirements. The Zoning Administrator or the Plan Commission may impose reasonable time limits for the completion of specified improvements or the satisfaction of conditions of approval and may require the applicant to enter into a satisfactory development agreement with the Village relating to any required public improvements and to submit an irrevocable letter of credit or other acceptable security in satisfactory form to ensure that public improvements are completed on schedule and in accordance with approved plans and specifications. Requirements relating to required public or private improvements, dedications of interests in land or dedications of completed public improvements shall be in accordance with the provisions of Chapters 395 and 405 of the Village Code relating to such matters and in accordance with any development agreement entered into by and between the Village and either the applicant(s) or the owner(s) of the real property involved in the application. Conditions precedent to any residential development plan approval shall include at least the following: that the information contained in the application is correct and accurate; that any known violation of this chapter or other applicable Village ordinances is corrected; and that all expert consultant fees incurred by the Village in connection with residential development plan review are paid in full by the applicant. The Zoning Administrator and the Plan Commission shall be authorized to process and to grant an application for residential development plan approval with respect to a use requiring a special Village license and/or a conditional use permit which has not yet been granted, provided that a complete application for such conditional use permit has been duly filed and not withdrawn or denied, and further provided that a condition precedent to the granting of such residential development plan approval shall be the issuance of any required license and/or the required conditional use permit. With respect to an application for residential development plan approval requiring an amendment of the text or map of this chapter, a complete application for such amendment has been duly filed and not withdrawn or denied, and further provided that a condition precedent to the granting of such site and operational plan approval shall be the approval of any required text or map amendment. In the event of any inconsistency between the requirements of residential development plan approval and the requirements of the special license or conditional use permit when issued, the most stringent or restrictive requirement shall control. Without limitation, ongoing conditions of any residential development plan approval shall include continuing compliance with the approved plan and satisfaction of any conditions of plan approval and maintaining the real property in a safe, structurally sound, neat, well-cared-for and attractive condition.

Findings. Neither the Zoning Administrator nor the Plan Commission shall approve any residential development plan application without finding in the decision that the application, coupled with satisfaction of any conditions of approval, will comply with all applicable Village ordinance requirements and will comply with all other requirements of applicable federal, state or local statutes, regulations, ordinances or other laws relating to land use, buildings, development control, land division, environmental protection, sewer service, water service, stormwater management, streets and highways and fire protection.

Required signatures on final approval forms. Following approval of the residential development plan application, the applicant shall file with the Community Development Department one complete paper set and a PDF copy of the final approved residential development plan components which have been modified to comply with all conditions precedent set forth in the approval, and which demonstrate satisfaction of any other conditions precedent to plan approval. Such plans shall be signed by the Village Zoning Administrator and a PDF copy shall be provided to the owner, prior to the filing of any building permit application or erosion control permit application for the site or the granting of any building permit or erosion control permit for the site. The Village Zoning Administrator shall make reasonable efforts to review any signed residential development plan filed by the applicant pursuant to this subsection for satisfaction of all conditions precedent to approval, and to sign such plan, or notify the applicant of any deficiencies, within 10 days after filing. Approved preliminary residential development plans and approved deferred plans shall be processed in the same manner as set out above.

Effective period. For purposes of the granting of any erosion control permit, zoning permit and/or building permit, a residential development plan approval shall be effective for a period of 180 days from the date of Plan Commission approval date or for a longer time period as is specifically approved by the Plan Commission.

Permits. Except as provided in § 420-57.5F or G, above (relating respectively, to preliminary residential development plan approval and to deferral of signage and/or landscaping plan review and approval), no erosion control permit, zoning permit or building permit shall be issued by the Village until residential development plan approval has been granted, all conditions precedent as set forth in the approval have been satisfied, until the final plans have been fully signed as required by Subsection H, above; and a preconstruction meeting pursuant to Subsection J(1) below has been held. (Note that the Chief of the Village Fire & Rescue Department has review and approval authority with respect to matters relating to fire protection, in making recommendations to the Community Development Department, pursuant to Chapter 5 of the Village Municipal Code.) In a situation where review of a signage plan and/or landscaping plan has been deferred pursuant to § 420-57.5G, above, no permit relating to signage and/or landscaping, respectively, shall be issued until approval of the deferred plan has been granted, and until all conditions precedent set forth in such approval have been satisfied, and until the final plan has been fully signed as required by Subsection H, above. Residential development plan approval for a use requiring a conditional use permit shall be processed in conjunction with the conditional use permit application. In addition, a residential development plan approval as part of a planned unit development or a planned development shall be processed in conjunction with the planned unit development or the Planned Development Ordinance.

Amendments. Any proposed changes to the uses, buildings, structures, site, operations, occupancy or other matters appearing in an approved residential development plan, or to any of the conditions of plan approval, shall require the approval of an amended residential development plan. Applications for amended residential development plan approval shall be filed and processed in the same manner as applications for initial residential development plan approval. Without limitation, the provisions of § 420-57.5D, relating to waiver of application requirements, and of Subsection C, above, relating to summary approval, respectively, may be applicable to such applications.

Time periods. Any time period provided for in this article, except the periods specified in Subsections I and M, can be extended by agreement of the applicant and the Zoning Administrator or Plan Commission, as appropriate, and memorialized in writing. Failure of the Village Zoning Administrator, the Plan Commission or any other Village employee or consultant to act within the time provided by this article shall not result in approval of the application, and shall not constitute a violation of this chapter or give rise to any cause of action, but the Zoning Administrator and the Plan Commission shall promptly report to the Village Board any failure to comply with such time requirements, together with a brief explanation of the circumstances of such failure, so that the Village Board can take such actions as may be necessary to ensure timely Village action on applications for residential development plan review.

Appeals. Any person aggrieved by any decision of the Village Zoning Administrator or of the Plan Commission relating to residential development plan review may appeal the decision to the Village Zoning Board of Appeals in the manner and within the time provided for such appeals.

Exemptions. This section shall not be applicable to Village public works projects involving streets, sanitary sewers, water mains, storm sewers, fiber optic communication facilities, sanitation facilities or related facilities. However, reasonable efforts as determined by the Zoning Administrator shall be made by the Village to comply with the residential development plan provisions set forth in this section as it pertains to Village buildings, or other Village structures or site improvements. This section shall not be applicable to City of Kenosha public works projects involving streets, sanitary sewers, water mains, storm sewers or related facilities, provided that the Village has been notified of the project in advance and in writing, and further provided that a permit has been obtained for work in a Village street right-of-way, if applicable, but this exemption shall not be applicable to city buildings or other city structures or site improvements unless the Village determines, due to health and safety concerns, that it is in the best interest of the community and residents to process the application pursuant to this article. This section shall not be applicable to federal, state or county projects involving highways, provided that the Village has been notified in advance of the project in writing. This section shall not be applicable to utility company projects involving electric power lines or communications lines designed to serve consumers directly (e.g., this exception shall not apply to towers, transmission lines, substations or power plants, etc.), provided that the Village has been notified of the project in advance and in writing, and further provided that a permit has been obtained for work in a street right-of-way, if applicable.

Applicant, site, use, project and plan information. Each applicant for residential development plan approval shall include in the application at least the following information about the applicant (and any other owner, developer or occupant of the real property), the site, the use(s) conducted on the site, the proposed project or activity giving rise to the need for residential development plan approval and the plans involved in the application:

General standards. Without limitation, the following general standards shall apply to residential development plans and to the review and approval of such plans:

Title sheet. The applicant shall file a plan title sheet as part of the application for residential development plan approval, which shall include at least the following information:

Survey. A survey of the site shall be prepared, signed and sealed by a Wisconsin professional land surveyor, which shall include at least the following information:

Site plan.

Grading and drainage plan.

Building construction plan.

Lighting plan.

Landscape and open space plan.

Signage plan. With respect to all proposed signs, and all proposed modifications of existing signs, the applicant shall file with the application for residential development plan approval a signage plan that satisfies the sign permit application requirements of Article X of this chapter, unless review of the signage plan is deferred pursuant to § 420-57.5G above. With respect to all existing signs, the applicant shall file with the application for residential developmental plan approval photographs of all such existing signs pursuant to Subsection A(9) above and shall specify in the written statement accompanying each such photograph of a sign the dimensions of such sign. (Article X of this chapter specifies how certain types of signs are to be measured.) All on-site development direction and traffic signage shall be installed on black round poles with finials.

Development phasing plan. The applicant shall prepare and file with the application for residential development plan approval a development phasing plan and a narrative statement explaining in detail the timing of each phase.

Security system. A digital security imaging system pursuant to the information set forth and specified in Chapter 410 of the Village Code related to the digital security imaging system and easement requirements shall be required to be submitted and approved.

City of Kenosha Airport Overlay approval. Any properties within the Village that are located within three miles of the Kenosha Regional Airport boundaries shall comply with the City of Kenosha's Airport Overlay District regulations. Written approval from the City of Kenosha shall be submitted to the Village prior to the issuance of any building permits.

Additional requirements. The applicant shall file with the application for residential development plan approval, or supplement such application with, any other or additional information or materials that may reasonably be required by the Zoning Administrator or the Plan Commission based upon the particular facts and circumstances of the application and the proposed use(s) and operation(s) to be conducted on the site. Without limitation, and by way of illustration only, such additional requirements may include the following: