The purpose of this article is to establish the administrative and enforcement framework for the application of this chapter. This article also establishes procedural requirements for processes enabled or required by this chapter, including: amendments to the regulations of this chapter, amendments to the official zoning map, conditional use permits, temporary use permits, site plans, variances, planned developments, zoning and occupancy permits, sign permits, interpretations, appeals, and violations and penalties.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Designation. The director of business development and planning, or his/her designee, is hereby designated as the administrative and enforcement officer(s) for the provisions of this chapter and is herein referred to as the zoning administrator.

(2)

Duties. In enforcing and administering this chapter, the zoning administrator shall perform the following duties:

(a)

Issue the necessary building permits and occupancy and zoning use permits required by the provisions of this chapter, provided its provisions have been complied with.

(b)

Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.

(c)

In case of any finding of a violation of a provision of this chapter, notify, in writing, the actual violator where known, the owner of the property on which the violation has taken place, and the common council, indicating the nature of the violation and the action necessary to correct it.

(d)

Receive, file, and process for action all applications for conditional uses, variances, interpretations, appeals, and amendments to this chapter which are filed in the zoning office.

(e)

Initiate, direct, and review, from time to time, a study of the provisions of this chapter and make reports of the recommendations to the plan commission for investigation and appropriate action.

(f)

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this chapter.

(3)

Authority. In the enforcement of this chapter, the zoning administrator shall have the power and authority for the following:

(a)

At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof.

(b)

Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, alteration, or use which is in violation of the provisions of this chapter. Such revocation would be in effect until reinstated by the zoning administrator or the board of appeals, or by other action as directed by the common council to ensure compliance with or to prevent violation with the provisions of this chapter.

(c)

In the name of the city and with authorization of the common council, commence any legal proceedings necessary to enforce the provisions of this chapter or the building code, including the collection of forfeitures provided for herein.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 16-004, § II, 4-14-2016)

(1)

The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the planning and development of the city to the common council, other public officials, and other interested organizations and citizens.

(2)

The plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.

(3)

Under this chapter, its functions are primarily recommendatory to the common council pursuant to guidelines set forth in this chapter as to various matters, and, always being mindful of the intent and purposes of this chapter, except that it shall decide applications for conditional use permits.

(4)

Recommendations shall be in writing. A recording in the plan commission's minutes shall constitute any required written recommendation. The plan commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing. The plan commission shall have the powers to conduct and hold public hearings on all proposed amendments to the zoning ordinance as provided in Wis. Stats. § 62.23(7)(d).

(5)

For plan commission administration see sections 2-241 to 2-269.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § V, 8-26-2021)

(1)

The common council, the governing body of the city, subject to recommendations by the plan commission and the holding of public hearings by said common council, has ultimate authority to grant planned development applications, make changes and amendments in zoning districts, the zoning map and supplementary flood land zoning map, and to amend the text of this chapter. (See section 90-470 - zoning ordinance amendment and section 90-471 - zoning map amendment),

(2)

The common council may delegate to the plan commission the responsibility to hold some or all public hearings as required under this chapter.

(3)

For common council administration see sections 2-31 to 2-80.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § V, 8-26-2021)

(1)

Establishment. A board of zoning appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in the enforcement of this chapter.

(2)

Powers. In addition to powers enumerated elsewhere in this chapter, the board of zoning appeals shall have the following powers:

(a)

To hear and decide appeals where it is alleged there is error in any order, interpretation, requirement, decision or determination made by the zoning administrator, building inspector, or plan commission.

(b)

To hear and grant appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(c)

To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the plan commission has made a review and recommendation.

(d)

To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the plan commission has made a review and recommendation. Whenever the board of zoning appeals permits such a substitution, the use may not thereafter be changed without application.

(e)

The board of zoning appeals may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § V, 8-26-2021)

The following fees shall be applicable for this chapter:

(1)

Rezoning application. The fee per application (including repetitions of previous applications) shall be set forth in the official city fee schedule on file in the city clerk's office.

(2)

Conditional use permit application. All conditional use applications shall be filed with the department of public works along with a filing fee as set forth in the official city fee schedule on file in the city clerk's office. The filing fee shall be used to reimburse the city for publication costs and attorney's fees incurred in relation to the application and hearings thereon. The director of public works, upon receipt of an application and the fee shall immediately refer it to the plan commission for consideration.

(3)

Variance application. All applications for special exceptions and variances and appeals shall be filed with the Director of Public Works along with a filing fee as set forth in the official city fee schedule on file in the city clerk's office. The filing fee shall be used to reimburse the city for publication costs and attorney's fees incurred in relation to the application or appeal and hearings thereon. The Director of Public Works, upon receipt of an application or appeal and the fee, shall immediately refer it to the Board of Zoning Appeals for consideration.

(4)

Building permit application. The fees for building permits shall be established in chapter 10 of this Code regarding buildings and building code regulations.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

General provisions. In addition to any other fees required to be paid in conjunction with the filing of an application as set forth in section 90-466, above, the applicant shall compensate the city for all costs and expenses the city incurs in the administration, investigation, and consideration of any such application or request, including the cost of retaining the services of professional consultants. The obligation to compensate the city for its costs or expenses shall extend to pre-submission discussions with the city or its representatives which precede an application to the city.

(2)

Cost recovery agreement. Before the city shall incur any costs or expense in consideration of any application as described in this chapter, the applicant shall sign a cost recovery agreement acknowledging the applicant's responsibility for all city costs and expenses directly or indirectly related to the request. The original of said agreement shall be kept on file with the city clerk. A copy shall be given to the applicant at the time of signing.

(3)

Costs recoverable. All costs incurred by the city in the consideration of any requests by an applicant related to the zoning or subdivision ordinance shall be recoverable, including, without limitation by enumeration, the following:

(a)

All professional and technical consultant services and fees retained by the city and rendered in review of any application, including, but not limited to, the engineer, planner, attorney, or any other professional or expert hired by the city for purposes of review of the application or pre-submission request.

(b)

Legal publication costs.

(c)

Court report costs, as deemed necessary by the plan commission.

(d)

Copy reproduction.

(e)

Postage.

(f)

Inspection fees incurred by the building inspector.

(g)

Document recordation (if required).

(h)

All of these expenses shall be considered special charges as defined in Wis. Stats § 66.0627.

(4)

Billing of costs. The city clerk shall, on a monthly basis, bill all costs recoverable pursuant to this chapter to the applicant. Said costs shall be paid by the applicant within 30 days of receipt of the city's billing. The common council may require an applicant to submit an advance deposit against future billings by the city for the recovery of costs provided by this chapter. Surplus deposits shall be returned to the applicant at the conclusion of the project if such deposit exceeds the amount of billings for recoverable costs. Any billed costs from the city unpaid at the expiration of said 30-day period shall bear interest at the rate of 18 percent per annum.

(5)

Condition of all applications. Notwithstanding anything in the city Municipal Code of Ordinances to the contrary, payment in full of all recoverable costs pursuant to chapter shall be a precondition to the final approval of any application. This precondition shall extend to any common council request for an advance deposit against future billings for recoverable costs as called for herein.

(6)

Enforcement. In the event the city is not paid billed recoverable fees as called for herein, the city shall be entitled to recover all actual attorney fees, litigation expenses, witness fees, filing fees, expert witness fees, and all other costs or expenses incurred by the city in the prosecution of a violation of this chapter regardless of whether the city prevails in such prosecution or not.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard adequate notice shall be given of any public hearing required by the provisions of this chapter.

(2)

Notice of any public hearing which the common council, plan commission, or board of zoning appeals is required to hold under the terms of this chapter shall specify the date, time, and place of hearing, and the matter to be presented at the hearing. Pursuant to Wis. Stats. ch. 985 the notice shall be published as a Class 2 notice.

(3)

The notice of public hearing shall be published in a newspaper of general circulation in the City of Portage at least once each week for two consecutive weeks, the last publication of which shall be at least one week before the public hearing.

(4)

Notice of the public hearing shall be mailed to all parties-in-interest at least ten days before the hearing. Parties-in-interest shall be defined as the petitioner; the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition; the owners of all lands included in the petition and all lands lying within 300 feet of lands included in the petition; and the owner or operator of an airport lying within three miles of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by any of the aforementioned bodies.

(5)

Except for hearings required for a zoning change, such request for a hearing shall be presented to the city clerk in writing and shall be accompanied by a map or description clearly identifying the property involved and by a fee in accordance with the city fee schedule, payable to the city, to defray the cost of notification and holding of a public hearing.

(Ord. No. 13-005, § 1, 3-28-2013)

Review procedures vary depending on the type of request; however, procedures within this article generally adhere to three common elements: submittal of a complete application, including fee payment and appropriate supplemental information; review by appropriate City staff and/or officials; and action by appropriate City officials or staff to approve, conditionally approve, or deny the request. Figure 90-469 summarizes the procedures, agencies, and personnel involved in the various procedures authorized by this Chapter. Detailed procedures are discussed in sections 90-470 through 90-481 of this article. Figure 90-469 is provided as a convenience for the zoning administrator and general public. Where there are conflicts between the text of this chapter and Figure 90-469, the text shall prevail.

Figure 90-469: Review and Approval Activities and Bodies

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Authority. Whenever the public necessity, convenience, general welfare or good zoning practices requires, the common council may, by ordinance, amend, change, or supplement the text of the regulations established by this chapter or amendments thereto. Such amendment shall be subject to the review and recommendation of the plan commission.

(2)

Request. Proceedings for amendment of this chapter may be initiated by the plan commission, common council, board of zoning appeals, or any private petitioner.

(3)

Petition. A petition to amend the regulations of this chapter shall be filed with the city clerk and shall contain the following items (digital files should be submitted whenever possible):

(a)

The portion of the current provisions of this chapter that are proposed to be amended.

(b)

Proposed text intended to replace the current provisions.

(c)

As an optional requirement, the applicant may provide written justification for the proposed text amendment.

(4)

Staff Review.

(a)

The zoning administrator shall review the petition and evaluate whether the proposed amendment:

1.

Is in compliance with the purposes of this chapter as outlined in section 90-4 and the purpose of the article and section in which the amendment is proposed to be located.

2.

Is in harmony with the recommendations of the comprehensive plan.

3.

Maintains the desired overall consistency of land uses and development within the pertinent zoning district(s), if applicable.

4.

Addresses any of the following factors that may not be addressed in the current zoning text, if applicable:

a.

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

b.

New methods of development or types of infrastructure.

c.

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

(b)

The zoning administrator shall prepare a staff report addressing items 1 through 4, above, and forward said report to the plan commission for review and use in making its recommendation to the common council. If the zoning administrator determines that the proposal may be in conflict with the provisions of this chapter or the comprehensive plan, he shall note this determination in the report.

(5)

Plan commission review. The plan commission shall review the petition and staff report and shall recommend in writing that the petition be granted as requested, modified, or denied.

(6)

Public hearing. Following receipt of the plan commission recommendation, the common council shall hold a public hearing upon the proposed amendment per the procedure of section 90-468. The common council may delegate to the plan commission the responsibility to hold public hearings as required under this section.

(7)

Common Council action.

(a)

Following public hearing and after consideration of the plan commission's recommendations, the common council shall vote to approve the amendment as originally proposed, with modifications, or may deny approval of the proposed amendment.

(b)

The common council's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

(8)

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted, except on grounds of new evidence or proof of change of factors found valid by the zoning administrator.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Authority. Whenever the public necessity, convenience, general welfare or good zoning practices requires, the common council may, by ordinance, change the district boundaries established by this chapter and the official zoning map and/or supplementary shoreland-wetland and shoreland zoning maps amendments thereto. Such amendment shall be subject to the review and recommendation of the plan commission.

(2)

Request. Proceedings for amendment of the Official Zoning Map may be initiated by an application of the owner(s) of the subject property, a recommendation of the Plan Commission, or by action of the Common Council.

(3)

Petition. A petition to amend the official zoning map shall be filed with the city clerk and shall contain the following items (digital files should be submitted whenever possible):

(a)

A map at a scale not less than 1″ = 800′ depicting the current zoning of the subject property and all other lands within 200 feet, all lot dimensions of the subject property, and a graphic scale and north arrow.

(b)

Names and addresses of land owners within 200 feet of the subject property as they appear on the current tax records.

(c)

Written justification for the proposed amendment, including evidence that the application is consistent with the comprehensive plan.

(d)

Any additional information which may be required by the plan commission to facilitate the making of a comprehensive report to the common council.

(4)

Staff review.

(a)

The zoning administrator shall review the petition and evaluate whether the proposed amendment:

1.

Is in compliance with the purposes of this chapter as outlined in section 90-4 and the applicable rules of WisDNR and FEMA.

2.

Is in harmony with the recommendations of the comprehensive plan.

3.

Maintains the desired overall consistency of land uses and development within the pertinent zoning districts, if applicable.

4.

Addresses any of the following factors that are not properly addressed on the current official zoning map:

a.

The designations of the official zoning map are not in conformance with the comprehensive plan.

b.

A mapping mistake was made. If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the city may intend to stop an undesirable land use pattern from spreading.

c.

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

d.

Growth patterns or rates have changed, creating the need for an amendment to the official zoning map.

(b)

The zoning administrator shall prepare a staff report addressing items 1 through 4, above, and forward said report to the plan commission for review and use in making its recommendation to the common council. If the zoning administrator determines that the proposal may be in conflict with the provisions of this chapter or the comprehensive plan, he shall note this determination in the report.

(5)

Plan commission review. The plan commission shall review the petition and staff report and shall recommend in writing that the petition be granted as requested, modified, or denied.

(6)

Public hearing. Following receipt of the plan commission recommendation, the common council shall hold a public hearing upon the proposed amendment per the procedure of section 90-468. The common council may delegate to the plan commission the responsibility to hold public hearings as required under this section.

(7)

Common council action.

(a)

Following public hearing and after consideration of the plan commission's recommendations, the common council shall vote to approve the amendment as originally proposed, with modifications, or may deny approval of the proposed amendment.

(b)

If the common council wishes to make significant changes in the proposed amendment to the official zoning map, as recommended by the plan commission, the procedure set forth in Wis. Stats. § 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to common council action.

(c)

The common council's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

(8)

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted, except on grounds of new evidence or proof of change of factors found valid by the zoning administrator.

(9)

Protest.

(a)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more, either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet there from, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full common council membership.

(b)

In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20 percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full common council membership to adopt such amendment.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Authority. The development and execution of this section is based upon the division of the city into zoning districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land are mutually compatible and substantially uniform. However, there are certain uses, which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development, and operation of such uses. Such uses are classified as conditional uses. Any proposed use that is neither conditional nor permitted within a district is prohibited unless a zoning ordinance amendment is obtained according to section 90-470.

(2)

Purpose. The purpose of this article is to provide regulations which govern the procedure and requirements for the review and approval or denial of proposed conditional uses. (Refer to the requirements of Wis. Stats. § 62.23.) If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the city ordinance or those imposed by the plan commission, the city shall grant the conditional use permit.

(3)

Substantial evidence and reasonableness.

(a)

"Substantial evidence" means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

(b)

Any condition imposed must be related to the purpose of the ordinance, as defined in section 90-4, and be based on substantial evidence as defined in sub (a), above.

(c)

Requirements and conditions imposed must be reasonable and, to the extent possible, measurable and may include conditions such as the permit's duration, transfer, or renewal.

(d)

For an application to be approved, an applicant must demonstrate, with substantial evidence, that all reasonable conditions imposed by ordinance or the plan commission relating to the proposed conditional use are or shall be satisfied.

(e)

The plan commission's decision to approve or deny the conditional use permit must be supported by substantial evidence.

(4)

Applicant for conditional use permit. A request for a conditional use may only be initiated by the owner(s) and/or operator(s) of the subject property. Conditional use permit applications initiated by the operator of the subject property must include the property owner's signature.

(5)

Application. An application for a conditional use permit shall be completed on the City of Portage Land Use Application Form filed with the city clerk or his/her designee and shall contain the following items, unless specifically waived by the zoning administrator in writing. Digital files should be submitted whenever possible.

(a)

Written description of the proposed conditional use including:

1.

Type of activities.

2.

Location and size of proposed buildings and/or structures.

3.

Location and number of off-street parking spaces.

(b)

Written justification for the proposed conditional use, including substantial evidence, as defined by subsection (3), above, that the application is consistent with the comprehensive plan and is in compliance with all applicable ordinances (See sections 90-55 to 90-64).

(c)

A map at a scale not less than 1″ = 800′ depicting the current zoning of the subject property and all other lands within 300 feet, all lot dimensions of the subject property, and a graphic scale and north arrow.

(d)

Names and addresses of landowners within 200 feet of the subject property as they appear on the current tax records.

(e)

A site plan of the subject property if proposed for development. Said site plan shall conform to all requirements of section 90-474. If the proposed conditional use is a group or large development (per section 90-64), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan.

(6)

Application revision/resubmission. If requested by the plan commission or zoning administrator, applicant should provide an updated application including additional information as requested. Any revision or resubmission should rely on substantial evidence to demonstrate compliance with all the conditions, including any conditions imposed by ordinance or by the plan commission. If applicant does not submit a revised application or request for additional time within 30 days of the plan commission's request, the application shall be deemed withdrawn. Once an application is withdrawn, any fees paid by the applicant shall be forfeited. An applicant is permitted to start a new application even if a previous application has been withdrawn, however, new fees shall be required.

(7)

Public hearing. Once a completed application is submitted, as determined by the zoning administrator, the plan commission shall hold a public hearing on the proposed conditional use permit per the procedure of section 90-468. Opinions expressed at the public hearing cannot be used as a basis for approving or denying a proposed conditional use permit, however, the plan commission may consider the opinions expressed when determining which conditions to impose.

(8)

Staff review.

(a)

The zoning administrator shall review the application and evaluate whether the proposed conditional use:

1.

Is in harmony with the recommendations of the comprehensive plan.

2.

Will result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environment, traffic, parking, public improvements, public property, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future.

3.

Maintains the desired consistency of land uses and development related to the environs of the subject property.

4.

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

5.

Has potential public benefits which outweigh any and all potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.

6.

Would undermine the purpose of these ordinances if a condition is not imposed.

(b)

The zoning administrator shall prepare a staff report addressing items 1 through 6, above, and may recommend reasonable conditions related to the purpose of the ordinance and based on substantial evidence. The zoning administrator shall forward said report to the plan commission for review. If the zoning administrator determines that the proposal may be in conflict with the provisions of this chapter or the comprehensive plan, they shall note this determination in the report.

(9)

Plan commission review and action.

(a)

The plan commission shall review the application and staff report recommendations and also consider opinions expressed at the public hearing, however, a decision to approve or deny a conditional use cannot be based on public approval or disapproval.

(b)

The plan commission shall consider which conditions to impose in addition to the conditions listed in the relevant land use ordinance section, if any, provided that any conditions imposed are in compliance with subsection (3) above.

(c)

If issues are raised in the public hearing which were not already sufficiently addressed in the staff report or application, the plan commission may postpone its decision and request additional information from either the applicant and/or the zoning administrator. The plan commission may also request that the applicant provides an updated application.

(d)

When making its decision, the plan commission shall make findings based upon the substantial evidence presented that the conditions and requirements herein prescribed are, or will be, complied with.

(e)

The plan commission shall authorize the zoning administrator to issue a conditional use permit if the applicant has provided substantial evidence satisfying any and all conditions imposed.

(f)

Any appeal of the plan commission's decision must be made in accordance with section 90-480.

(10)

Recordation. Except for conditional use approvals for temporary uses, a certified copy of the authorizing resolution, containing identifiable description and any specific requirements of approval, shall be recorded by the city with the county register of deeds.

(11)

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted, except on grounds of new evidence or proof of change of factors found valid by the zoning administrator.

(12)

Violation and revocation.

(a)

The plan commission retains continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses.

(b)

Any complaints regarding suspected violations should be in writing, with specific facts pertaining to the alleged violation, and sent to the zoning administrator.

(c)

The zoning administrator shall initially determine whether the complaint indicates a reasonable probability that the subject conditional use is in violation of a condition of approval. If so, the zoning administrator may attempt to work with the owner or operator of the property with the conditional use to ensure compliance with the conditions and shall issue such orders as necessary. If remedies are unsuccessful, or unlikely to be successful, the zoning administrator shall submit a staff report detailing the nature of the violation to the plan commission.

(d)

Review of the conditional use by the plan commission will follow the same general procedure as an initial conditional use application in subsections (7) to (9) above.

(e)

If the plan commission determines that the conditional use is not in compliance with the conditions imposed, the plan commission shall authorize the zoning administrator to revoke the conditional use.

(f)

If a conditional use is revoked, failure to discontinue the conditional use may result in penalties for each day in violation in addition to any other applicable penalties.

(g)

Revocation of a conditional use may be appealed to the zoning board of appeals in accordance with the procedures set forth in section 90-480.

(13)

Time limits on developments.

(a)

The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the plan commission and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of an occupancy permit for the conditional use.

(b)

Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the plan commission and shall be based upon a showing of acceptable justification (as determined by the plan commission).

(14)

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

(15)

Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property; however, submittal of a plan of operation shall be required prior to the change in ownership. For bed and breakfasts, the granting of a conditional use permit shall be valid while said property is owned by the owner at time of conditional use approval.

(16)

Modification, alteration, or expansion. Modification, alteration, or expansion of any conditional use without approval by the plan commission, shall be considered in violation of this chapter and shall be grounds for revocation of said conditional use approval.

(17)

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

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § V, 8-26-2021)

(1)

Application. Temporary use applications shall contain the following items (digital files should be submitted whenever possible):

(a)

Written description of the proposed temporary use including:

1.

Type of activities.

2.

Location and size of proposed temporary buildings and/or structures.

3.

Location and number of off-street parking spaces.

(b)

A map at a scale not less than 1″ = 800′ depicting the current zoning of the subject property and all other lands within 200 feet, all lot dimensions of the subject property, and a graphic scale and north arrow.

(c)

The zoning administrator may require a site plan of the subject property. Said site plan shall conform to any and all the requirements of section 90-474.

(2)

Staff review and action. Approval of a temporary use shall be by the zoning administrator following review and evaluation of the proposed temporary use application.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Required site plan and exceptions. All applications for zoning permits for any construction, reconstruction expansion or conversion, except for single family and two-family residences in residential or agricultural districts, shall require site plan approval by the plan commission in accordance with the requirements of this section.

(2)

Pre-application conference. Prior to formal submittal of a site plan application, it is recommended that the applicant confer with the zoning administrator in establishing mutual understanding as to the basic concept proposed and to ensure proper compliance with the technical requirements and procedures for processing the application. A timetable for project review may also be discussed.

(3)

Application. A site plan application shall be filed with the city clerk and shall contain the following items, unless specific application requirements are waived by the zoning administrator. Digital files should be submitted whenever possible.

(a)

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

1.

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

2.

Existing and proposed land uses.

3.

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

4.

Proposed number of dwelling units and density.

5.

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

6.

Demonstration of compliance with the city's land dedication requirements per chapter 70 of the Municipal Code.

7.

Demonstration of consistency with the comprehensive plan.

8.

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

9.

Exterior building and fencing materials (sections 90-112 and 90-121).

10.

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

(b)

Maps depicting the following information shall be prepared at a scale of not less than 1″ = 800′.

1.

Pre-Development Site Information.

a.

Legal description of the subject property.

b.

Existing property lines and setback lines.

c.

Existing structures and paved areas.

d.

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

e.

Existing casements and utilities.

f.

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

g.

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

h.

Soil types based upon the county soils identification map and/or a soil report prepared by or under the direction of a professional engineer experienced in soil and foundation engineering may be required for site plans located in areas with severe building limitations.

2.

Proposed post-development site information.

a.

Property lines and setback lines.

b.

Location of all proposed structures and use areas, including paved areas, building entrances, walks, drives, decks, patios, fences, utility poles, and drainage facilities.

c.

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

d.

Proposed access points onto public streets and access drives on the subject property.

e.

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

f.

Location of all proposed parking and traffic circulation areas.

g.

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

h.

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

i.

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

j.

Location and type of all stormwater facilities and management approach to be employed.

k.

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

l.

Proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.

m.

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

n.

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

(c)

Detailed landscaping plan. Depicting the location, type, and size at time of planting and maturity of all landscaping features as required in article VIII.

(d)

Grading and erosion control plan. Depicting existing and proposed grades, including retention walls and related devices, and erosion control measures.

(e)

Elevation drawings.

1.

Elevations of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment.

2.

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

3.

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

(f)

Photometric plan.

1.

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

2.

Impact of lighting across the entire property to the property lines rounding to the nearest 0.10 foot candles, and depicting an illumination limit of 0.50 foot candles. The 0.50-foot candle line cannot extend beyond the property line.

(g)

Operational plan.

1.

Describe the proposed hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation.

2.

Consider potential nuisance creation pertaining to noncompliance with the performance standards addressed in article VII, including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, electromagnetic radiation, glare, heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created then the statement: "The proposed development shall comply with all requirements of article VII." shall be provided.

3.

Procedures for snow removal, except for single family residential.

(h)

A certified survey may be required by the zoning administrator in instances where compliance with setback requirements may be difficult to determine.

(4)

Staff review. The zoning administrator shall review the site plan application and shall prepare a staff report addressing application components and forward said report to the plan commission for review and action. If the zoning administrator determines that the proposal may be in conflict with the provisions of this chapter or the comprehensive plan, he shall note this determination in the report.

(5)

Plan commission review and action. The plan commission shall review the application and vote to approve application as requested, with modifications, or deny approval of the proposed site plan. The decision shall be recorded in the plan commission's official minutes.

(a)

In its consideration of the submitted application, the plan commission shall take into account the following:

1.

The basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the city, and to ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment.

2.

Whether the proposed site plan is consistent with adopted city plans, including the comprehensive plan.

3.

That the public health and safety is not endangered and whether the public benefits outweigh any and all potential adverse impacts of the proposed site plan.

(b)

In its review, the plan commission may:

1.

Require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/ or modifications are required, the plan commission may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the plan commission, or may approve the application subject to the satisfaction of the zoning administrator. Such amended plans and conditions shall be made part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by the plan commission.

2.

Make findings on each of the following criteria to determine whether the site plan shall be approved, approved with modification, or denied.

(6)

Effect on municipal services. Before granting any site approval, the plan commission 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 plan commission 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.

(7)

Initiation of land use or development activity. Except with the written permission of the zoning administrator, absolutely no land use or development activity, including site clearing, grubbing, or grading shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.

(8)

Modification. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be reviewed and approved via the procedures of this section, so as to clearly depict any and all proposed modifications to the previously approved site plan prior to the initiation of said modification.

(9)

Sunset clause. All buildings on an approved site plan not fully developed within two years of final common council approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The common council may extend this period, if requested by the applicant, through the conditional use permit process following a public hearing.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Planned developments shall be permitted in a location where a planned development overlay district specific to an approved planned development.

(2)

Flexible development standards. The following development standard exemptions may be provided as part of the approval of a planned development:

(a)

Land use requirements. All residential, institutional, and business land uses listed in article III may be allowed by right or by conditional use within a planned development. Uses proposed for a planned development are not limited to those allowed within the underlying standard zoning district.

(b)

Density, intensity, and bulk requirements. All requirements listed in articles II and IV for residential density and nonresidential intensity may be varied within a Planned Development.

(c)

Parking and loading requirements. All requirements listed in sections 90-115 and 90-116 may be varied within a planned development.

(d)

Landscaping requirements. All requirements listed in article VIII may be varied within a planned development.

(e)

Sign requirements. All requirements listed in article IX may be varied within a planned development.

(3)

Initiation of request for approval of a planned development. Proceedings for approval of a planned development shall be initiated by:

(a)

An application of the owner(s) of the subject property;

(b)

A recommendation of the plan commission to the common council; or

(c)

By action of the common council.

(4)

Process. All planned developments are required to meet certain procedural requirements applicable only to planned developments, in addition to the general requirements of this chapter. This process essentially combines the process for an amendment to the official zoning map (for the general development plan (GDP) step) with that required for a conditional use (for the specific implementation plan (SIP) step), with several additional requirements.

(5)

Step 1: Pre-application conference. Prior to formal petition for zoning to a PD district, the applicant shall confer with the plan commission and appropriate city staff in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the requirements for processing. Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the city, but should be considered as the informal, non-binding basis for proceeding to the next step.

(6)

Step 2: Concept plan. Upon completion of the pre-application conference, the applicant shall provide the zoning administrator with a concept plan.

(a)

Submittal requirements. The concept plan submittal shall include the following items (digital files should be submitted whenever possible):

1.

Location map of the subject property and its vicinity.

2.

Conceptual drawing of the site plan layout, including the general locations of public streets and private drives.

3.

General written description of the purposed PD, including:

a.

Project themes and images.

b.

Mix of dwelling unit types and density and/ or land uses.

c.

Treatment of natural features.

d.

Relationship to nearby properties and public streets.

e.

Relationship of the project to the comprehensive plan.

f.

Description of requested exemptions or variations from the requirements of the underlying base zoning district.

(b)

Plan commission review. At the plan commission meeting, the applicant shall engage in an informal discussion with the plan commission regarding the concept plan. Points of discussion and conclusions reached at this stage of the process shall be in no way be binding upon the applicant or the city, but should be considered as the informal, non-binding basis for proceeding to the next step. One or more iterations of concept plan review may occur prior as determined necessary by the plan commission.

(7)

Step 3: General development plan (GDP). Following successful completion as determined by the plan commission of step 2, above, the applicant shall submit to the zoning administrator a GDP submittal.

(a)

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

1.

Names and addresses of the owners of all properties within 200 feet of the subject property.

2.

General location map of the subject site (at a minimum scale of 1″ = 800′) depicting:

a.

All lands for which the Planned Development is proposed and all other lands within 300 feet of the boundaries of the subject site.

b.

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

c.

All lot dimensions of the subject property.

d.

A graphic scale and a north arrow.

3.

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

a.

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

b.

Basic street pattern.

c.

General site grading plan showing preliminary road.

d.

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

e.

Preliminary sanitary sewer and water system layout.

f.

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

4.

Statistical data, including:

a.

Minimum lot sizes in the development.

b.

Approximate areas of all lots.

c.

Density/intensity of various parts of the development.

d.

Building coverage.

e.

Landscaping surface area ratio of all land uses.

f.

Expected staging.

5.

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

6.

General signage plan, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/ or poles or street sign faces and or poles) which are proposed to vary from city standards or common practices.

7.

General outline of property owners association, covenants, easements, and deed restrictions.

8.

A written description of the proposed planned development, including:

a.

General project themes and images.

b.

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

c.

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

d.

General treatment of natural features.

e.

General relationship to nearby properties and public streets.

f.

General relationship of the project to the comprehensive plan.

g.

Proposed exemptions or variations from the requirements of the underlying base zoning district.

9.

The zoning administrator, or by majority vote of the plan commission, may waive submittal information listed above, and/ or may likewise require additional information beyond that listed above.

(b)

GDP Review Procedure. The process for review and approval of the GDP shall be identical to that for amendments of the official zoning map as outlined in section 90-471. If land is to be divided, to that for preliminary and final plats of subdivision per the Municipal Code.

(8)

Step 4: Specific implementation plan (SIP). Following successful completion as determined by the plan commission of Step 3, above, the applicant shall submit to the zoning administrator a SIP submittal. Note that the area included in a SIP may be only a portion of the area included in a previously approved GDP.

(a)

Submittal requirements. The SIP submittal shall include the following items (digital files should be submitted whenever possible):

1.

Names and addresses of the owners of all properties within 200 feet of the subject property.

2.

Existing conditions map of the subject property at a minimum scale of 1″ = 800′ depicting the following:

a.

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

b.

Existing utilities and recorded easements.

c.

All lot dimensions of the subject property.

d.

A graphic scale and north arrow.

3.

A SIP map at a minimum scale of 1″ = 100′ of the proposed site showing at least the following:

a.

Lot layout and the arrangements of buildings.

b.

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

c.

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

4.

Grading plan depicting existing and proposed grades, including retention walls and related devices, and erosion control measures.

5.

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

6.

Architectural plans for any non-residential buildings, multifamily structures, or building clusters, other than conventional single-family homes or individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.

7.

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

8.

Signage plan.

9.

Photometric plan depicting location, type, height, design, illumination power, and orientation of all exterior lighting on the subject property.

10.

Specific written description of the proposed SIP including:

a.

Specific project themes and images.

b.

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

c.

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

d.

Specific treatment of natural features, including parkland.

e.

Specific relationship to nearby properties and public streets.

f.

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

g.

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

h.

A complete list of base zoning district standards that would not be met by the proposed SIP and the location(s) in which such violations would occur, and a complete list of zoning standards that would be more than met by the proposed PD and the location(s) of such occurrences.

i.

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

11.

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

12.

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

13.

The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.

14.

The zoning administrator, or by majority vote of the Plan Commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above.

(9)

SIP Review Procedure. The process for review and approval of the SIP shall be identical to that for conditional are permits per section 90-472. If land is to be divided review and approval shall be identical to that for preliminary and final plats of subdivision per the Municipal Code.

(10)

Expiration. All portions of an approved planned development not fully developed within ten years of final common council approval shall expire, and no additional planned development based development shall be permitted. The common council may extend this ten-year period by up to five additional years via a majority vote following a public hearing. Submitting a request for extension does not guarantee it will be granted.

(11)

Requirement to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the common council as part of the approved planned development shall be permitted, even if such development (including all aspects of land use, density, intensity, bulk, landscaping, parking, and loading) is otherwise listed as permitted in this chapter. Requested exemptions from these standards shall be made explicit by the applicant in the application, and shall be recommended by the plan commission and approved explicitly by the common council. If not so requested and approved, such exemptions shall not be permitted.

(12)

Minor Changes to an Approved Planned Development. In the event that the applicant wishes to make a minor change to an approved planned development, depending on the type of request, it will go through one of the above described steps. This process is detailed as follows:

(a)

If the proposed project requires additional zoning ordinance flexibility for use, density, bulk, or performance standards that have not already been granted, the request shall go through Step 3: General development plan.

(b)

If the proposed project requires more permissive operations than would be allowed for a permitted-by-right or conditional land use, the request shall go through Step 4: Specific implementation plan.

(c)

If the proposed project is merely an adjustment of the arrangement (e.g. within the approved use, density, bulk, and performance standards requirements), and within the approved operational limits, the request shall obtain site plan approval per section 90-473.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

No vacant land in the R4, R5, B1, B2, B3, B4, M1, M2 or M3 zoning district shall be occupied or used, and no building shall be hereafter erected, structurally altered, relocated, used or occupied until a zoning permit has been issued certifying that any such building, use or occupancy complies with the provisions of this chapter. For new construction, addition, relocation or structural alteration, a zoning permit issuance shall be preceded by plan commission approval (if required per section 90-474) of a site plan of the property and building. A like permit shall be obtained before any change is made in the type of use or before any legal nonconforming use is resumed, changed, extended or granted conditional use status.

(2)

Application.

(a)

Application for such permit shall be made to the zoning administrator prior to or at the same time as the application for a building permit or prior to the commencement of any use not involving a building permit.

(b)

Such application shall state that the building or proposed use of a building or land complies with all the building and health laws and with the provisions of this chapter, a statement by the applicant as to the intended use of the premises and buildings thereon.

(c)

Within ten days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the zoning administrator or his/her designee may make an inspection of the premises and any building thereof and of the building and the intended use thereof, and if the proposed use of the premises complies with the requirements of this chapter, a zoning permit shall be issued.

(d)

For the purpose of defraying the cost of inspection and administrative processing, such application shall be accompanied by such fee as established by the common council. If a zoning permit application is submitted in conjunction with a building permit, than no separate, additional fee for the zoning permit shall be assessed.

(3)

If, within 12 months of the date of application, no zoning permit has been issued, any building permit related thereto shall lapse and the zoning administrator shall make immediate investigation to ascertain that no use or occupancy has, in fact, commenced without proper authority. Upon showing valid cause, the zoning administrator may grant an extension of such permit for a period not to exceed six months.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 17-001, 1-26-2017)

Per the requirements of the sign ordinance.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose.

(a)

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(b)

The board of zoning appeals may authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owning to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection that the flood protection elevation for the particular area or permit standards lower than those required by state law.

(c)

For the purposes of this section, the term "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(2)

Application. The application for variance shall be filed with the zoning administrator. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application is available at the city clerk's office.

(3)

Public hearing.

(a)

The application shall be referred to the board of zoning appeals. The petitioner shall appear before the plan commission in order to answer questions.

(b)

The board of zoning appeals shall conduct at least one public hearing on the proposed variance. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the city, and shall give due notice to the parties in interest and the zoning administrator. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. The board of zoning appeals shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, zoning administrator and Plan Commission.

(4)

Action of the board of zoning appeals. For the board of zoning appeals to grant a variance, it must find that:

(a)

Denial of variation may result in hardship to the property owner due to physiographical consideration. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed.

(b)

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(c)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(d)

The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

(e)

The proposed variation will not undermine the spirit and general and specific purposes of this chapter.

(5)

Conditions. 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 standards established in this section.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

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

(2)

Initiation of request. Proceedings for an interpretation may be initiated by any of the following four methods: an application of the owner(s) of the subject property; a recommendation of the plan commission to the common council; by action of the common council; or by request of the zoning administrator.

(3)

Application. A zoning interpretation application contains all of the following:

(a)

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

(b)

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

(c)

A map of the subject property at a scale of 1″ = 800′ depicting:

1.

All lands for which the interpretation is requested and all other lands within 200 feet of the boundaries of the subject property.

2.

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

3.

All lot dimensions of the subject property.

4.

A graphic scale and a north arrow.

(d)

Names and addresses of the owners of all lands on said map as the same appear on the current records of the register of deeds of Columbia County.

(e)

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

(f)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of section 90-474.

(g)

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

(h)

How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the city's comprehensive plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city?

(i)

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

(4)

Staff review.

(a)

The zoning administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application to determine whether the requested variance is in harmony with the recommendations of city's comprehensive plan. If the zoning administrator determines that the proposal may be in conflict with the provisions of the comprehensive plan, the zoning administrator shall note this determination in the report.

(5)

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

(a)

Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required. (Rationale: Before any zoning interpretation is made, there must be an explicit discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable potential negative impact. A sound interpretation of any standard cannot be ensured without careful analysis of the regulation and the end toward which it is directed. It is understood that there may be other public purposes underlying the interpretation which are not explicitly articulated.)

(b)

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

(c)

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

(6)

This chapter has been carefully designed by the common council to combine maximum achievement of public goals, and the protection of adjoining property owners while providing flexibility for property owners to use their land for a variety of uses consistent with the goals and objectives of the comprehensive plan. Great care has been taken to balance the rights of competing groups while achieving maximum protection with flexibility and a range of use options. Persons interpreting this chapter should not substitute their own judgments for the legislative acts of the common council.

(7)

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

(a)

No interpretation shall allow the establishment of any land use which was previously considered and rejected by the common council on an application for an amendment to the zoning ordinance, the official zoning map, or a previously applied for appeal from a requested interpretation.

(b)

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

(c)

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

(d)

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

(e)

If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to section 90-472.

(8)

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

(9)

Limitations on favorable land use interpretation.

(a)

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

(b)

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

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to provide regulations which enable the city to hear and decide requests for appeals from the interpretations of the zoning administrator and determinations by the plan commission as provided for by Wis. Stats. § 62.23(7)(e)(7).

(2)

Initiation of request for appeal.

(a)

Appeals to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer.

(b)

Such appeal shall be taken within 30 days of the alleged grievance or judgment in question by filing with the officer 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 as may be established by the common council in the official city fee schedule on file in the city clerk's office.

(c)

The officer from whom the appeal is taken shall forthwith transmit to the board of zoning appeals all papers constituting the record of appeals upon which the action appeals from was taken.

(3)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the zoning administrator from whom the appeal is taken to the board of zoning appeals determines that, by reason of facts state in the certificate, a stay would cause immediate peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application and on notice to the zoning administrator and on due cause shown.

(4)

Time limit for filing an appeal. Any appeal under the provisions of this section shall be made per the requirements of this section, below, within a period not exceeding 30 days from the date of issuance of the interpretation by the zoning administrator or determination by the plan commission. Failure to initiate this appeal procedure within this 30-day period shall constitute a final and binding waiver of the right to appeal said interpretation.

(5)

Public hearing. Within 45 days of filing of a complete application, the board of zoning appeals shall hold a public hearing in compliance with section 90-468 to consider the request.

(6)

Review and action by the board of zoning appeals.

(a)

The board of zoning appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant and the zoning administrator.

(b)

Conditions may be placed upon any zoning permit ordered or authorized by the board of zoning appeals.

(c)

Variances granted by the board of zoning appeals shall expire within 6 months unless substantial work has commenced pursuant to such grant.

(7)

Review by court of record. Any person or persons aggrieved by any decision of the zoning board of appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the zoning board of appeals.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § V, 8-26-2021)

Editor's note— Section V of Ord. No. 21-02, adopted Aug. 26, 2021, changed the title of § 90-480 from "Appeal of zoning interpretation" to read as herein set out.

(1)

Penalties. Any person, firm, or corporation who violates any of the provisions of this chapter or fails to comply with any order of the zoning administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in section 1-15 of the Municipal Code. Each day during which any such violation continues shall be deemed a separate offense.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § V, 8-26-2021)