A property owner in the area to be affected by the proposed amendment;

The Zoning Administrator;

The Plan Commission;

The Zoning Board of Appeals; and

The Village Board.

Submittal of application materials. The applicant submits a complete application to the Zoning Administrator along with the application fee as may be established by the Village Board.

Distribution to Department of Natural Resources. If the proposed amendment would revise floodplain or shoreland-wetland regulations in this chapter, the Zoning Administrator sends a copy of the application to the regional office of the Wisconsin Department of Natural Resources within five workdays of receipt.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

Special notice to specified municipalities. At least 10 calendar days prior to the date of the public hearing, the Zoning Administrator gives notice of the proposed amendment to the clerk of any municipality whose boundary is within 1,000 feet of any lands included in the proposed amendment.

Special notice to Department of Natural Resources. If the proposed amendment would revise the floodplain regulations in this chapter, the Zoning Administrator sends a copy of the public hearing notice to the regional office of the Wisconsin Department of Natural Resources at least 10 calendar days before the date of the public hearing.[2]

General notice by type of application.

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.

Public hearing. Allowing for proper notice, the Village Board and Plan Commission conduct a joint public hearing to review the application consistent with Division 3 of Article 4, with the Village President serving as the presiding officer. Prior to the close of the public hearing, the applicant, Village Board, or the Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Village Board and/or Plan Commission may direct the Zoning Administrator, the Village Engineer, and/or Village Attorney to conduct additional research and to prepare such documents it deems necessary, including a preliminary decision document.

Plan Commission recommendation. After considering the public comments received at the public hearing and the staff report, if any, the Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the amendment, ii) approve the amendment with conditions, or iii) deny the amendment.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

Decision. The Village Board after considering the Plan Commission's recommendation makes a decision based on the decision criteria in this division to i) approve the amendment, ii) approve the amendment with conditions, or iii) deny the amendment.

Required vote with downzoning. An amendment must be approved by at least two-thirds of the members elect if the amendment would decrease the development density of the land to be less dense than was allowed under its previous usage or that would reduce the number of permitted uses of the land to fewer uses than were allowed under its previous usage. If a person requests or agrees to such downzoning, the ordinance may be enacted by a simple majority of the members elect.[3]

Required vote with a protest by qualified property owners. Prior to January 1, 2019, an amendment to the Zoning Map may not become effective except upon a favorable vote of 80% of the Village Board members voting on the proposed change when i) those owning 20% or more of the land area within the proposed map amendment file a written protest, ii) those owning 20% or more of the land area within 100 feet of the proposed map amendment file a written protest, or iii) those owning 20% or more of the land directly opposite of the proposed map amendment but within 100 feet of the street frontage file a written protest.[4]

Preparation of decision document. If the Village Board approves the proposed amendment, the Zoning Administrator prepares a final ordinance.

Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Notification to Department of Natural Resources. If the proposed amendment is approved and modifies the floodplain regulations in this chapter, the Zoning Administrator sends a copy of the ordinance to the regional office of the Wisconsin Department of Natural Resources via regular mail and/or email within 10 calendar days of the date of decision.

Preparation of new Zoning Map. If the proposed amendment is approved and modifies the Zoning Map, the Zoning Administrator shall cause a new Zoning Map to be prepared consistent with Article 6.

Generally. An adopted ordinance shall take effect as prescribed in state law.

Exceptions. An amendment involving floodplain regulations shall not become effective until it is reviewed and approved by the regional office of the Wisconsin Department of Natural Resources. An amendment that modifies official floodplain Zoning Maps, floodway lines, or water surface profiles shall not become effective until it is reviewed and approved by the Federal Emergency Management Agency.

Text amendment. If a proposed amendment would revise the text of this chapter, the Plan Commission, in making its recommendation, and the Village Board, in making its decision, shall consider the following factors:

Zoning Map amendment. If a proposed amendment would revise the Zoning Map, the Plan Commission, in making its recommendation, and the Village Board, in making its decision, shall consider the following factors:

Special review criteria for amendments to the Shoreland-Wetland Overlay District boundary. To ensure this chapter remains consistent with the shoreland protection objectives of § 144.26, Wis. Stats., the Village Board shall not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

Generally. The Plan Commission may recommend and the Village Board may impose one or more conditions of approval as may be necessary to grant approval.

Mandatory conditions of approval relating to certain existing land uses. If a proposed amendment would revise the Zoning Map and is initiated by a property owner and the subject property hosts a land use that at the time of application is not permitted in the proposed zoning district, such use shall be removed as a condition of approval. If the subject property hosts a land use that at the time of application is classified as a conditional use in the proposed zoning district, the property owner shall as a condition of approval submit a conditional use application and obtain approval for that land use or, if conditional use approval is not granted, remove such use.

Landowner-initiated map amendment. An application for a landowner-initiated Zoning Map amendment shall include the following:

Other amendments. For all other types of amendments, the application shall include the following:

Preliminary findings for the decision criteria listed in this division;

Proposed revisions, if appropriate; and

Other information deemed necessary.

Conventional planned unit development;

Conservation subdivision; and

Adaptive reuse project.

Step One: General development plan.

Step Two: Precise implementation plan.

Whether development in the proposed project is in keeping with the spirit and intent of this chapter;

Whether development in the proposed project is consistent with the Village's Comprehensive Plan;

Whether development in the proposed district is consistent with a neighborhood plan or other subarea plan that may have been prepared for land in or near the proposed district;

The effects of development in the proposed project on traffic safety and efficiency, both within and outside of the district;

Whether the proposed plan for development in the proposed project is properly planned and is properly coordinated with the existing and anticipated land uses on properties in the immediate and surrounding area;

The extent to which the natural features and open space on the site are preserved;

Whether development in the proposed project complies with provisions of this chapter and other land development regulations of the Village that may apply;

The effects of development in the proposed project on public services and facilities;

Whether adequate water and sanitary sewer facilities can be provided;

The proposed means of maintaining any undeveloped areas of the proposed project for the purpose for which it was set aside;

Effects of the proposed use on surrounding properties, including existing and anticipated uses;

Effects of the proposed use on the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district and adjoining districts;

Whether the plan for development enhances the baseline zoning district, as defined by the Plan Commission and Village Board, on the design and development standards of the underlying zoning district;[1] and

Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.

Generally. The Plan Commission may recommend and the Village Board may impose conditions as may be necessary to grant approval. Such conditions may relate to any of the factors it considered in reaching its decision. In addition, the Plan Commission may recommend and the Village Board may require the provision of off-site exactions that may be necessary to approve the establishment of the planned development district project.

Effect on contracts with another party. The Village Board shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

General development plan. The application submittal for a general development plan shall include the following:

Precise implementation plan. The application submittal for a precise implementation plan shall include the following:

Preliminary findings for the decision criteria listed in this division;

A preliminary list of recommended conditions of approval; and

Other information deemed necessary.

General applicability. Those land uses designated as a conditional use in the land-use matrix (Appendix A[1]) must comply with the requirements in this division.

Limitation due to nonconforming lot. In the event a lot is classified as a nonconforming lot (e.g., lot area, lot width), all conditional uses are prohibited, unless the Plan Commission determines, on a case-by-case basis, that the nature of the nonconformity does not affect the appropriateness of the lot for the conditional use. Any such determination in the affirmative shall have no bearing on the Plan Commission's recommendation and/or Village Board's decision under this division.

Limitation due to a nonconforming use on the lot. In the event a lot has a nonconforming use, all conditional uses are prohibited, unless the Plan Commission determines, on a case-by-case basis, the nonconforming use and a proposed conditional use are compatible. Any such determination in the affirmative shall have no bearing on the Plan Commission's recommendation and/or Village Board's decision under this division.

Limitation due to existing conditional use on the lot. In the event a lot has an approved conditional use, all other conditional uses are prohibited, unless the Plan Commission determines, on a case-by-case basis, that the existing and proposed conditional uses are compatible. Any such determination in the affirmative shall have no bearing on the Plan Commission's recommendation and/or Village Board's decision under this division.

Review and approval. The Plan Commission and Village Board shall review existing and proposed site conditions, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed operation, and other factors the Plan Commission and/or Village Board determines are appropriate when considering a conditional use application.

Steps in the review process. The general steps outlined below shall be used in the review of a conditional use application.

The Plan Commission, in making its recommendation, and the Village Board, in making its final decision, must consider whether the proposal complies with:

In addition, the Plan Commission in making its recommendation and the Village Board in making its decision must determine whether the proposed conditional use is compatible with surrounding properties, whether in the same or different zoning districts. In making this determination, the Plan Commission and Village Board must determine whether the petitioner has demonstrated there are no adverse effects on surrounding properties or that potentially adverse effects have been eliminated or reduced to an acceptable level. Approaches that could be employed to mitigate potentially adverse effects will depend on the particular circumstances but may include:

The recommendation of the Plan Commission and the decision by the Village Board must be based on "substantial evidence" as defined in Wisconsin State Statutes.

Generally. Based on substantial evidence, the Plan Commission may recommend and the Village Board may impose one or more conditions of approval as may be necessary to grant approval. Such conditions and restrictions may relate to the establishment, location, construction, maintenance, operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety, or general welfare. Examples of such conditions are listed below.

Limitation on imposing conditions. A condition of approval shall not lessen a development standard or other requirement in this chapter.

Effect on contracts with another party. The review authority shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to the classification of use, the question shall be submitted to the Plan Commission for determination.

No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, Washington County, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village ordinance or other law.

The approved conditional use shall be confined to the subject property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in writing by the Plan Commission as being in compliance with all pertinent ordinances.

All buildings and grounds shall be maintained in a neat, attractive and orderly way consistent with the Village's chapter of the Village Code which deals with property maintenance.[1]

The property shall comply with all rules and regulations of the Village of Richfield and the local fire company, including submission to routine inspections by the Village staff and fire company staff.

Prior to the execution of the conditional use permit, the applicant must obtain any and all approvals that must be obtained before the use may be established or the commencement of any land-disturbing activity related to the approved conditional use.

Should the permitted conditional use be abandoned in any manner, or discontinued in use for 12 months, or continued other than in strict conformity with the conditions of the original approval, or should the petitioner be delinquent in payment of any monies due and owing to the Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Plan Commission, pursuant to the enforcement provisions of this conditional use order, and all applicable ordinances.

Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands or owners, other than as specifically authorized herein, shall require a new permit, and all procedures in place at the time must be followed.

Unless this conditional use order expressly states otherwise, plans that are specifically required by this conditional use order may be amended upon the prior approval of the Plan Commission if the Plan Commission finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Plan Commission feels, in its sole discretion, to be substantial shall require a new permit, and all procedures in place at the time must be followed.

As a condition precedent to the issuance of the conditional use permit, the owner of the subject property shall approve the issuance of this conditional use order upon the terms and conditions described herein in writing, and the petitioner is required to accept the terms and conditions of the same in its entirety in writing.

The petitioner shall, on demand, reimburse the Village for all costs and expenses of any type that the Village incurs in connection with this application, including the cost of professional services incurred by the Village (including engineering, legal, planning and other consulting fees) for the review and preparation of the necessary documents or attendance at meetings or other related professional services for this application, as well as for any actions the Village is required to take to enforce the conditions in this conditional approval due to a violation of these conditions.

Any unpaid bills owed to the Village by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Village; shall be placed upon the tax roll for the subject property if not paid within 30 days of billing by the Village, pursuant to § 66.0627, Wis. Stats. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Village, including possible cause for termination of this approval.

The petitioner is obligated to file with the Village Clerk a current mailing address and current phone number at which the petitioner can be reached, which must be continually updated by the petitioner if such contact information should change, for the duration of the conditional use. If the petitioner fails to maintain such current contact information, the petitioner thereby automatically waives notice of any proceedings that may be commenced under this conditional approval, including proceedings to terminate this conditional use.

All conditions of approval imposed by duly adopted motion of the Village Board in its consideration of the petitioner's application, as noted in the minutes of the Village Board meeting at which approval was granted, are specifically incorporated herein by reference.

Should any paragraph or phrase of this conditional use order be determined by a court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use order and the remainder shall continue in full force and effect.

If any aspect of this conditional use order or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Plan Commission.

If the property owner/operator is a business entity, such as a limited liability company or a corporation, such entity shall for the life of the conditional use continuously maintain a registered office in the State of Wisconsin as evidenced by registration with the Wisconsin Department of Financial Institutions.

The property owner shall not change the size and/or shape of the subject property by any means without the approval of the Village Board. If the Village Board determines that a proposed change is substantial with regard to the overall size of the parcel and/or configuration, such change shall require issuance of a new conditional use approval pursuant to the requirements in effect at the time of application.

This approval is given under the Village's Zoning Code and is not to be, in any way, interpreted to abrogate any private rights other property owners may have pursuant to deed restrictions or restrictive covenants.

If this conditional use terminates for any reason, the property owner is obligated to remove any improvements specifically related to the conditional use and which cannot be utilized for an approved use (i.e., a use permitted by right or a different conditional use as approved).

In the event the subject property is found to be in violation and then brought into compliance, the Village Board reserves the right to impose periodic reviews to ensure continued compliance.

Following approval, the petitioner must meet with the Plan Commission every two years for the purpose of verifying compliance with the conditional use approval.

Approval. If the application for a conditional use is approved, the decision document should include the following:

Denial. If the application for a conditional use is denied, the decision document should include the following:

Generally. Unless otherwise specified in the conditional use order, approvals run with the land.

Temporary uses. If a use is listed as a temporary use in the land use matrix (Appendix A[1]) and is approved by the Village Board as a conditional use, the use may be reestablished with the written approval of the Zoning Administrator if he or she determines that the use to be reestablished is substantially the same as what was originally approved and that the approved use did not create any potentially adverse impacts on the public health, safety, or welfare.

Nonestablishment of use. If the Zoning Administrator determines that substantial work as authorized by a conditional use approval did not commence within 12 months of the date of approval or if substantial work did commence within 12 months of the date of approval but has not continued in good faith to completion, he or she shall initiate the process to terminate the approval pursuant to Division 13 of this article. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed six months, provided that:

Cessation of use. If the Zoning Administrator determines that a conditional use has ceased to operate for any reason, whether intentional or otherwise, for more than 12 continuous months, he or she shall initiate the process to terminate the approval pursuant to Division 13 of this article.

New telecommunication tower and Class 1 collocation.

Class 2 collocation.

New telecommunication tower and Class 1 collocation. An application form for a new telecommunication tower or a Class 1 collocation must include all of the following information as appropriate:

Class 2 collocation. An application form for a Class 2 collocation must include the following information:

Generally. The reviewing authority may impose one or more conditions of approval as may be necessary to grant approval. Such conditions may relate to any aspect of the use that impacts the public health, safety, or general welfare, subject to Subsection B below.

Limitations. The reviewing authority may not impose any of the following as a condition of approval:

Nonestablishment of use. If the Zoning Administrator determines that substantial work as authorized by the approval did not commence within 12 months of the date of approval or if substantial work did commence within 12 months of the date of approval but has not continued in good faith to completion, he or she shall initiate the process to terminate the approval pursuant to Division 13 of this article. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed six months, provided that:

Cessation of use. If the Zoning Administrator determines that a conditional use has ceased to operate for any reason, whether intentional or otherwise, for more than 12 continuous months, he or she shall initiate the process to terminate the approval pursuant to Division 13 of this article.

Professional service reimbursement. Costs incurred by the Village in obtaining legal, planning, engineering, and other technical and professional advice in connection with an application shall be charged to the applicant as set forth in § 170.209.

Limitation on fees. The total of all fees, excluding professional service reimbursement, associated with the review of an application shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.

Site plans. The way in which a land use occupies a lot has a direct effect on the overall functionality of the site, the extent to which the land use can be expanded on the site in the future, effects of the land use on nearby properties, and impacts on existing and anticipated public and private infrastructure. This division describes the requirements and procedures for reviewing a site plan.

Plan of operations. The way in which many land uses operate has a direct effect on the nature of the use and potential effects on nearby properties, including existing and anticipated land uses. This division describes the requirements and procedures for reviewing a plan of operation.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.

Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.

Decision. The Plan Commission makes a decision to i) approve the site plan/plan of operation, ii) approve the site plan/plan of operation with conditions, or iii) deny the site plan/plan of operation.

Preparation of decision document. Based on the action of the Plan Commission, the Zoning Administrator prepares a decision document consistent with this division.

Applicant notification. Within a reasonable time following the Plan Commission's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Acceptance by property owner. If the application is approved, the property owner and the operator, if different, must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner or operator, if different, may submit a petition to the Village Clerk requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Public record copy. A copy of the decision document is retained as a public record.

Site plan. The review authority shall consider the following factors in making its decision:

Plan of operation. The review authority shall consider the following factors in making its decision:

Site plan. In approving a site plan, the Plan Commission may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to landscaping and screening, revisions to the site design, and outdoor lighting.

Plan of operation. In approving a plan of operation, the Plan Commission may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to operational characteristic of the land use, including hours of operation and processes or activities related to the land use.

Effect on contracts with another party. The Plan Commission shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

A description of the proposed project;

Preliminary findings for the decision criteria listed in this division;

A recommendation to approve the application, approve the application with conditions, or deny the application;

A preliminary list of conditions whether the staff recommendation is for approval or denial; and

Other information deemed necessary.

Approval. If the application for a site plan or plan of operation is approved, the decision document should include the following:

Denial. If the application for a site plan or plan of operation is denied, the decision document should include the following:

The permit holder requests the extension prior to the expiration of the permit;

The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and

The project complies with this chapter in effect at the time the extension is granted.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Architectural Review Board consistent with its adopted calendar.

Recommendation. The Architectural Review Board makes a recommendation to the Plan Commission to i) approve the architectural plan, ii) approve the architectural plan with conditions, or iii) deny the architectural plan.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.

Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.

Decision. The Plan Commission makes a decision to i) approve the architectural plan, ii) approve the architectural plan with conditions, or iii) deny the architectural plan.

Preparation of decision document. Based on the action of the Plan Commission, the Zoning Administrator prepares a decision document consistent with this division.

Applicant notification. Within a reasonable time following the Plan Commission's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Generally. In approving an architectural plan, the review authority may impose one or more conditions deemed necessary to further the intent and purposes of this chapter.

Effect on contracts with another party. The review authority shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

Approval. If the architectural plan is approved, the decision document should include the following:

Denial. If the architectural plan is denied, the decision document should include the following:

The permit holder requests the extension prior to the expiration of the permit;

The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and

The project complies with this chapter in effect at the time the extension is granted.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.

Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.

Decision. After considering all of the information submitted by the applicant and the staff report, if any, the Plan Commission makes a decision based on the decision criteria in this division to i) approve the special exception, ii) approve the special exception with conditions, or iii) deny the special exception.

Preparation of final decision document. Based on the action of the Plan Commission, the Zoning Administrator prepares a final decision document consistent with this division subject to the direction given by the Plan Commission.

Applicant notification. Within a reasonable time following the Plan Commission's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Acceptance by property owner. If the application is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Public record copy. A copy of the decision document is retained as a public record.

The size of the property in comparison to other properties in the area;

The extent to which the issuance of the special exception would be in keeping with the overall intent of this chapter;

Whether there are any unique circumstances and the nature of those circumstances that warrant the issuance of the special exception;

The nature and extent of anticipated impacts to the natural environment that could potentially occur if the special exception was granted;

The nature and extent of anticipated positive and negative effects on properties in the area;

Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed special exception;

A factor specifically listed under a section of this chapter authorizing the issuance of a special exception; and

Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.

Generally. In approving a special exception, the review authority may impose one or more conditions deemed necessary to further the intent and purposes of this chapter.

Effect on contracts with another party. The review authority shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

A description of the requested special exception;

Preliminary findings for the decision criteria listed in this division;

A recommendation to approve the application, approve the application with conditions, or deny the application;

A preliminary list of conditions whether the staff recommendation is for approval or denial; and

Other information deemed necessary.

Approval. If the application for a special exception is approved, the decision document should include the following:

Denial. If the application for a special exception is denied, the decision document should include the following:

The permit holder requests the extension prior to the expiration of the permit;

The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and

The project complies with this chapter in effect at the time the extension is granted.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Decision. When the Zoning Administrator determines the application is complete, he or she makes a decision to i) approve the zoning permit, ii) approve the zoning permit with conditions, or iii) deny the zoning permit.

Applicant notification. Within a reasonable time following his or her decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Project involving construction. For a project involving any construction, a zoning permit shall automatically expire 12 months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed 12 months, provided that:

Change in use. For a change in use, the zoning permit shall automatically expire six months after the date of issuance if the applicant does not move into the vacant space.

New development, broadly construed;

Repair, modification, or addition to an existing structure; or

Change in the use of a building or structure.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. If the application is deemed incomplete or if additional information is requested, the Zoning Administrator will take no further steps to process the application until the deficiencies are remedied or the information is provided. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Decision. When the Zoning Administrator determines the application is complete, he or she makes a decision based on the decision criteria in this division to i) approve the floodplain permit, ii) approve the floodplain permit with conditions, or iii) deny the floodplain permit.

Applicant notification. Within a reasonable time following his or her decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

The application submittal shall include an application form as may be used by the Village and a site plan prepared at a scale of one inch equals 20 feet or other appropriate scale depicting the information listed in Appendix F.[1] The application at a minimum shall include the following:

In addition to the information listed in Appendix F, the following shall be depicted on the site map:

Project involving construction. For a project involving any construction, a floodplain permit shall automatically expire 12 months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed 12 months, provided that:

Change in use. For a change in use, the floodplain permit shall automatically expire six months after the date of issuance if the applicant does not move into the vacant space.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. If the application is deemed incomplete or if additional information is requested, the Zoning Administrator will take no further steps to process the application until the deficiencies are remedied or the information is provided. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Decision. When the Zoning Administrator determines the application is complete, he or she makes a decision based on the decision criteria in this division to i) approve the berm permit, ii) approve the berm permit with conditions, or iii) deny the berm permit.

Applicant notification. Within a reasonable time following his or her decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

The permit holder requests the extension prior to the expiration of the permit;

The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and

The project complies with this chapter in effect at the time the extension is granted.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. If the application is deemed incomplete or if additional information is requested, the Zoning Administrator will take no further steps to process the application until the deficiencies are remedied or the information is provided. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Decision. When the Zoning Administrator determines the application is complete, he or she makes a decision based on the decision criteria in this division to i) approve the permit, ii) approve the permit with conditions, or iii) deny the application.

Applicant notification. Within a reasonable time following his or her decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Generally. In approving a temporary use permit for 30 days or less, the Zoning Administrator may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions may address such matters as parking, access, signage, lighting, security, solid waste disposal, potable water and sanitary facilities, screening, noise, traffic control, hours and days of duration and operation, financial guarantees or warranties to ensure compliance and/or against defects or damage to public property, and other items which may be required to protect the health, safety, and welfare of the public.

Effect on contracts with another party. The Zoning Administrator shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. If the application is deemed incomplete or if additional information is requested, the Zoning Administrator will take no further steps to process the application until the deficiencies are remedied or the information is provided. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

Staff report preparation and distribution. The Zoning Administrator prepares a written staff report as described in this division and provides a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.

Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.

Decision. After considering all of the information submitted by the applicant and the staff report, if any, the Plan Commission makes a decision based on the decision criteria contained in this division to i) approve the permit, ii) approve the permit with conditions, or iii) deny the application.

Preparation of final decision document. Based on the action of the Plan Commission, the Zoning Administrator prepares a final decision document consistent with this division subject to the direction given by the Plan Commission.

Applicant notification. Within a reasonable time following the Plan Commission's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Generally. In approving a temporary use permit for more than 30 days but less than 150 days, the Zoning Administrator may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions may address such matters as parking, access, signage, lighting, security, solid waste disposal, potable water and sanitary facilities, screening, noise, traffic control, hours and days of duration and operation, financial guarantees or warranties to ensure compliance and/or against defects or damage to public property, and other items which may be required to protect the health, safety, and welfare of the public.

Effect on contracts with another party. The Plan Commission shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

Voluntary termination of a conditional use. The property owner is authorized to submit an application to terminate a conditional use approval for his or her property.

Involuntary termination of conditional use approval due to cessation. The Zoning Administrator is authorized to submit an application to terminate a conditional use approval when he or she determines the land use authorized by such approval has ceased to operate for more than 12 months.

Involuntary termination of a conditional use approval due to violation. The Zoning Administrator is authorized to submit an application to terminate a conditional use approval when he or she determines that the property owner has violated one or more conditions of approval and satisfactory action has not been taken to correct the violation.

Involuntary termination of a specified land use due to cessation. The Zoning Administrator is authorized to submit an application to terminate an approved land use when he or she determines that such use is no longer in use for the time period specified for such use.

Involuntary termination of a nonconforming use. The Zoning Administrator is authorized to submit an application to terminate a nonconforming use when he or she determines that such use is having a significant harmful effect on the public health, safety, and welfare or the nonconforming use has ceased to operate for the period of time required by this chapter to retain designation as a nonconforming use.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

Meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

Decision. The Village Board makes a decision to i) approve the termination, ii) approve the termination with conditions, or iii) deny the termination.

Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a decision document consistent with this division, subject to the direction provided by the Village Board.

Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Administrative steps. If the application is approved, the Zoning Administrator updates any Village records to indicate that the use as specified in the application has been terminated.

Submittal of application materials. The Zoning Administrator shall complete an application and other required materials.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Village Board and the Plan Commission consistent with its adopted calendar.

Special notice to property owner. The Zoning Administrator sends a written notice to the property owner by regular and certified mail at least 30 calendar days prior to the date of the public hearing. Such notice should state i) the reasons why the Zoning Administrator has submitted an application to terminate the specified use; ii) the date and time of the public hearing; iii) contact information for the Zoning Administrator, including telephone number; and iv) other information deemed appropriate by the Zoning Administrator. If the action is intended to terminate a conditional use for a violation, the notice shall state the alleged violation along with supporting evidence. If the action is intended to terminate an inactive land use, the notice shall state the time period when the land use was not in use along with any supporting evidence.

General public notice. Consistent with Division 2 of Article 4, the Zoning Administrator provides for a Class 2 public notice, property owner notice, and meeting agenda notice.

Public hearing. Allowing for proper notice, the Village Board and the Plan Commission conduct a joint public hearing consistent with Division 3 of Article 4, with the Village President serving as the presiding officer. Prior to the close of the public hearing, the applicant, the Village Board, or the Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Village Board or the Plan Commission may direct the Zoning Administrator, the Village Engineer, and/or Village Attorney to conduct additional research. In addition, the Plan Commission may direct the Zoning Administrator to prepare such documents it deems necessary, including a preliminary decision document.

Plan Commission recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, the Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the termination, ii) approve the termination with conditions, or iii) deny the termination.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the Plan Commission's recommendation, the Village Board makes a decision based on the decision criteria in this division to i) approve the termination, ii) approve the termination with conditions, or iii) deny the termination.

Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a final decision document consistent with this division, subject to the direction given by the Village Board.

Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the property owner by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Administrative steps. If the application is approved, the Zoning Administrator updates any Village records to indicate that the use as specified in the application has been terminated.

The nature of those buildings or other structures, if any, on the subject property that relate to the use and the extent to which they are or are not otherwise permitted in the district in which the subject property is located;

Effects of the existing use on surrounding properties, including detriment to the full and complete use of such properties and potential for concerns related to possible nuisances;

Effects of the existing use on the normal and orderly development and improvement of the surrounding property for those uses permitted in the zoning district in which they are located; and

Any other factor that relates to the purposes of this chapter as set forth in § 170.05 or as allowed by state law.

The subject property location;

A description of the original approval, including conditions of approval, if any;

Verification that the property owner is voluntarily seeking termination of a conditional use approval or evidence supporting the assertion that the use may be involuntarily terminated consistent with this division;

A description of those buildings or other structures, if any, on the subject property that relate to the use and the extent to which they are or are not otherwise permitted in the district in which the subject property is located; and

Other information deemed necessary.

Approval. If the application to terminate an approval is approved, the decision document should include the following:

Denial. If the application to terminate an approval is denied, the decision document should include the following:

A person having a financial interest in the property or in the use occurring on the property;

The Zoning Administrator;

The Plan Commission, or any member thereof; and

The Village Board, or any member thereof.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.

Special notice to property owner. If the application process is not initiated by the property owner, the Zoning Administrator sends a written notice to the property owner by regular and certified mail at least 60 calendar days prior to the date of the Plan Commission meeting. Such notice shall invite the property owner to submit evidence relating to the pending determination. In addition, the notice should state i) the reasons why the application has been submitted; ii) the date and time of the meeting; iii) contact information for the Zoning Administrator; and iv) other information deemed appropriate by the Zoning Administrator.

Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.

Plan Commission recommendation. The Plan Commission determines whether it has sufficient evidence to make a recommendation, and if so whether the use should or should not be classified as a nonconforming use.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

Decision. After considering the Plan Commission's recommendation, the Village Board determines whether it has sufficient evidence to make a final decision, and if so whether the use should or should not be classified as a nonconforming use.

Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a decision document consistent with this division, subject to the direction provided by the Village Board.

Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the property owner by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Inclusion in registry. If the use is determined to be a nonconforming use, the Zoning Administrator shall include the nonconforming use in the registry authorized in Article 15.

The use in question was legally established;

Such use does not now comply with one or more of the requirements of this chapter; and

Such use has continued from the date, or approximate date, of establishment to the current date without an interruption of more than 12 continuous months.

The application submittal shall include an application form as may be used by the Village and scaled drawing of the property and the location of the land use on the property. At a minimum, the application shall request the following information:

Sources of such information may be derived from any of the following:

Approval. If the application for registering a nonconforming use is approved, the decision document should include the following:

Denial. If the application for registering a nonconforming use is denied, the decision document should include the following:

Presubmittal meeting with staff. Before submitting an application, the applicant or the applicant's agent shall meet with the Zoning Administrator to review i) applicable regulations and procedures, ii) applicable sections of the Village's Comprehensive Plan, and iii) the proposal. Upon request, the Zoning Administrator may waive the requirement to hold a presubmittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the Village's zoning requirements.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provides a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator provides for i) a Class 2 public notice, ii) property owner notice, and iii) meeting agenda notice.

Public hearing. Allowing for proper notice, the Village Board and Plan Commission conduct a joint public hearing consistent with Division 3 of Article 4, with the Village President serving as the presiding officer. Prior to the close of the public hearing, the applicant, Village Board, or Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Village Board or Plan Commission may direct the Zoning Administrator, the Village Engineer, and/or Village Attorney to conduct additional research and to prepare such documents it deems necessary, including a preliminary decision document.

Plan Commission recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, the Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the conversion, ii) approve the conversion with conditions, or iii) deny the conversion.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the Plan Commission's recommendation, the Village Board makes a decision based on the decision criteria in this division to i) approve the conversion, ii) approve the conversion with conditions, or iii) deny the conversion.

Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a final decision document consistent with this division, subject to the direction given by the Village Board. If approved, the Zoning Administrator shall also prepare a conversion order.

Applicant notification. If the application is denied, the Zoning Administrator, within a reasonable time following the Village Board's decision, but not more than 10 workdays, sends the decision document to the applicant by regular mail and/or email.

Acceptance by property owner. If the application is approved, the property owner must sign the conversion order to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The conversion order shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Public record copy. A copy of the decision document is retained as a public record.

Recordation. If the property owner signs the approved conversion order, the Zoning Administrator records the conversion order in the office of the Washington County Register of Deeds.

Generally. In approving a conversion, the Village Board may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to landscaping and screening, outdoor lighting, and hours of operation.

Effect on contracts with another party. The Village Board shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

A description of the requested conversion;

Preliminary findings for the decision criteria listed in this division;

A recommendation to approve the application, approve the application with conditions, or deny the application;

A preliminary list of conditions, whether the staff recommendation is for approval or denial; and

Other information deemed necessary.

Approval. If the application for a conversion is approved, the decision document should include the following:

Denial. If the application for a conversion is denied, the decision document should include the following:

Presubmittal meeting with staff. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposal.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.

Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.

Plan Commission recommendation. The Plan Commission makes a recommendation to i) approve the expansion, ii) approve the expansion with conditions, or iii) deny the expansion.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

Decision. The Village Board makes a decision to i) approve the expansion, ii) approve the expansion with conditions, or iii) deny the expansion.

Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a decision document consistent with this division.

Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Acceptance by property owner. If the application is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Recording of decision document. The decision document is recorded in the Washington County Register of Deeds office when approval is granted.

Public record copy. A copy of the decision document is retained as a public record.

The degree of the existing nonconformity (i.e., one foot into the setback or one foot from the property boundary line);

The size and configuration of the lot;

Whether the lot conforms to the dimensional standards of the zoning district in which it is located;

The size and location of the existing nonconforming building;

The size and location of other existing structures and those structures reasonably anticipated on the lot;

The impact, if any, that the expansion may have on adjoining properties;

Whether the proposed expansion would violate the intent of this chapter; and

Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.

Generally. In approving an expansion of a nonconforming building, the Village Board may impose one or more conditions of approval deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to landscaping, screening, and the maximum size of the building(s), or impose limitations on additional buildings otherwise allowed on the subject property under the applicable zoning district regulations.

Effect on contracts with another party. The Village Board shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

Approval. If the application for an expansion of a nonconforming building is approved, the decision document should include the following:

Denial. If the application for expansion of a nonconforming building is denied, the decision document should include the following:

The permit holder requests the extension prior to the expiration of the permit;

The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and

The project complies with this chapter in effect at the time the extension is granted.

Presubmittal meeting with staff. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposal.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.

Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.

Plan Commission recommendation. The Plan Commission makes a recommendation to i) approve the application, ii) approve the application with conditions, or iii) deny the application.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.

Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.

Decision. The Village Board makes a decision to i) approve the application, ii) approve the application with conditions, or iii) deny the application.

Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a decision document consistent with this division.

Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Acceptance by property owner. If the application is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Recording of decision document. The decision document is recorded in the Washington County Register of Deeds office when approval is granted.

Public record copy. A copy of the decision document is retained as a public record.

In making its decision, the Plan Commission shall initially determine whether the building meets at least one of the following criteria:

If the Plan Commission determines that the building meets one of the above criteria, it shall then consider the following factors in making its final decision:

No building shall be designated a rural accessory building if it is not structurally sound to meet minimum safety requirements for the proposed use, as determined by the Building Inspector, provided that such determination shall not relieve the property owner of any responsibility or liability as to the building and shall not form a basis of liability against the Building Inspector or any other governmental official or entity.

Generally. The Plan Commission may impose one or more conditions of approval as may be necessary to grant approval.

Effect on contracts with another party. The Plan Commission shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]

Approval. If the application for a rural accessory building determination is approved, the decision document should include the following:

Denial. If the application for a rural accessory building determination is denied, the decision document should include the following:

Zoning Administrator review. The general steps outlined below shall be used to render an interpretation.

Plan Commission review on appeal. If a final decision of the Zoning Administrator is appealed as provided for in this division, the general steps outlined below shall be used to render an interpretation.

General. In consultation with the Village Attorney and others as appropriate, the review authority shall 1) evaluate the section of this chapter in question and those that are related, 2) consider the purposes of this chapter set forth in § 170.05 and other parts of the chapter along with applicable legislative findings in this chapter, and 3) consider other applicable interpretations that have previously been made and make a decision consistent with this division giving this chapter its most reasonable application. If the review authority cannot make a reasonable interpretation, a determination shall not be issued.

Floodplain zoning. If an unclear provision relates to the floodplain regulations and is required by Ch. NR 116, Wis. Admin. Code, the provision shall be interpreted in light of the standards in Ch. NR 116, Wis. Admin. Code, in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.

Shoreland-wetland zoning. If an unclear provision relates to the shoreland-wetland regulations and is required by Ch. NR 117, Wis. Admin. Code, the provision shall be interpreted in light of the standards in Ch. NR 117, Wis. Admin. Code, in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.

Similarity of land uses. In making a determination as allowed under § 170.841 with respect to similarity of land uses, the Zoning Administrator should consider:

The name of the person posing the question;

The section number of this chapter in question;

The question or alleged ambiguity;

The factors that were considered in making the interpretation;

The interpretation;

Other information the review authority deems appropriate;

The signature of the Zoning Administrator; and

The date of decision.

Submittal of appeal. The applicant submits a written appeal to the Village Clerk within 30 calendar days of the date of the administrative decision being appealed, unless a different timeframe is established.

Notification of appeal. The Village Clerk provides a copy of the appeal to the Zoning Board of Appeals and the Zoning Administrator.

Compilation and submittal of record. The Zoning Administrator compiles a complete and accurate record relating to the action being appealed and transmits it to the Zoning Board of Appeals in a timely manner.

Special notice to Department of Natural Resources. If the administrative appeal relates to a decision relating to the floodplain regulations or shoreland-wetland regulations in this chapter, the Zoning Administrator sends a copy of the application and public hearing notice to the regional office of the Wisconsin Department of Natural Resources by regular mail and/or email at least 10 calendar days before the date of the public hearing.

Special notice to parties in interest. The Chairperson of the Zoning Board of Appeals gives notice for the public hearing to the parties in interest, including the applicant and the Zoning Administrator.

General notice. The Chairperson of the Zoning Board of Appeals provides for i) a Class 2 public notice and ii) meeting agenda notice consistent with Division 2 of Article 4.

Public hearing. Allowing for proper notice, the Zoning Board of Appeals conducts a public hearing consistent with Division 3 of Article 4. Prior to the close of the public hearing, the applicant or the Zoning Board of Appeals may request a continuance consistent with Division 3 of Article 4.

Decision. After the public hearing has been closed, the Zoning Board of Appeals makes a decision to affirm the Zoning Administrator's decision, set aside the decision, or modify the decision.

Notification of decision. Within a reasonable time following the Zoning Board of Appeals' decision, the Village Clerk sends the decision document to the applicant by regular mail and/or email and provides a copy of the same to the Zoning Administrator and the Plan Commission.

Notification to Department of Natural Resources. If the administrative appeal relates to a decision relating to the floodplain regulations or shoreland-wetland regulations in this chapter, the Village Clerk sends a copy of the decision document to the regional office of the Wisconsin Department of Natural Resources by regular mail and/or email.

Public record copy. A copy of the decision document is retained as a public record.

Generally. The Zoning Board of Appeals shall determine if the Zoning Administrator made an error in judgment as applied to the instance being appealed.

Historic property. If an action involves an historic property, as defined in § 44.31(3), Wis. Stats., the Zoning Board of Appeals shall consider any suggested alternatives or recommendations submitted by the Landmarks Commission, if one has been established, or the Plan Commission.

Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Zoning Board of Appeals consistent with its adopted calendar.

Special notice to Department of Natural Resources. If the application relates to the floodplain regulations or shoreland-wetland regulations in this chapter, the Zoning Administrator sends a copy of the application and public hearing notice to the regional office of the Wisconsin Department of Natural Resources via regular mail and/or email at least 10 calendar days before the date of the public hearing.

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator provides for i) a Class 2 public notice, ii) property owner notification, and iii) meeting agenda notice.

Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy to each member of the Zoning Board of Appeals and the applicant. The Zoning Administrator provides a copy to interested people upon request.

Public hearing. Allowing for proper notice, the Zoning Board of Appeals holds a public hearing consistent with Division 3 of Article 4. Prior to the close of the public hearing, the applicant or the Board may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Zoning Board of Appeals may direct the Zoning Administrator, the Village Engineer, and/or Village Attorney to conduct additional research and to prepare such documents it deems necessary, including a preliminary decision document.

Decision. After the public hearing has been closed, the Zoning Board of Appeals, after considering the comments and the staff report, if any, makes a decision based on the decision criteria in this division to i) approve the variance, ii) approve the variance with conditions, or iii) deny the variance. The Zoning Board of Appeals may render its decision at the same meeting the public hearing is conducted or at a subsequent meeting.

Preparation of decision document. Based on the action of the Zoning Board of Appeals, the Zoning Administrator prepares a decision document consistent with this division.

Applicant notification. Within a reasonable time following the Zoning Board of Appeals' decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.

Notification to department of natural resources. If the application relates to the floodplain regulations or shoreland-wetland regulations in this chapter, the Zoning Administrator sends a copy of the decision document to the regional office of the Wisconsin Department of Natural Resources via regular mail and/or email.

Acceptance by property owner. If the Zoning Board of Appeals grants the variance with one or more conditions of approval, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Public record copy. A copy of the decision document is retained as a public record.

Additional procedural steps. If the Zoning Board of Appeals grants the variance, the applicant shall then follow other review procedures as may be required.

Expansion of a nonconforming use (e.g., expansion of area, increase in operational characteristics, etc.), or

Modification to lot size requirements so as to increase the permitted density or intensity of use.

Preliminary findings for the decision criteria listed in this division;

A preliminary recommendation to approve the application, approve the application with conditions, or deny the application;

A preliminary list of conditions for approval whether the staff recommendation is for approval or denial; and

Other information deemed necessary.

Approval. If an application for a variance is approved, the decision document should include the following:

Denial. If the application for a variance is denied, the decision should include the following:

Generally. An approved variance merely sets aside the rule or regulation from which relief is sought. All other rules and regulations not part of the variance decision must be followed. The variance runs with the land.

Creation of nonconformity. If a variance is granted and creates a nonconforming situation, the premises is subject to all applicable provisions relating to nonconformities set forth in Article 15.

The permit holder requests the extension prior to the expiration of the permit;

The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and

The project complies with this chapter in effect at the time the extension is granted.