Richfield Village Washington County, WI Zoning Ordinance

Richfield Village Washington County
City Zoning Code

ARTICLE 5

Specific Procedural Requirements

[Amended 5-18-2023 by Ord. No. O2023-05-01]

§ 170.300 Purpose.

From time to time, it may be necessary or desirable to amend the text of this chapter and the Zoning Map. This division describes the procedures and requirements to amend this chapter and the Zoning Map.

§ 170.301 Initiation.

Any of the following may submit an application to amend the text of this chapter or the Zoning Map:

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.

§ 170.302 Review procedure. [1]

The general steps outlined below shall be used to amend the text of this chapter and the Zoning Map.

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]

[2]

Editorial Note: See Ch. NR 116.20(2)(c) and Ch. NR 117, Wis. Admin. Code.

General notice by type of application.

(1)

If a proposed amendment would revise the text of this chapter, the Zoning Administrator provides for:

(a)

A Class 2 public notice;

(b)

Distribution list notice; and

(c)

Meeting agenda notice consistent with Division 2 of Article 4.

(2)

If a property owner initiates a proposed amendment that would revise the Zoning Map, the Zoning Administrator provides for:

(a)

Class 2 public notice;

(b)

Property owner notice;

(c)

Distribution list notice; and

(d)

Meeting agenda notice consistent with Division 2 of Article 4.

(3)

If the Village initiates a proposed amendment that would revise the Zoning Map, the Zoning Administrator provides for:

(a)

Class 2 public notice;

(b)

Distribution list notice; and

(c)

Meeting agenda notice consistent with Division 2 of Article 4.

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]

[3]

Editorial Note: See § 66.10015(3), Wis. Stats.

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]

[4]

Editorial Note: See § 62.23(7)(d)(2m)(a), Wis. Stats.

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.

[1]

Editorial Note: See § 62.23(7)(d), Wis. Stats.

§ 170.303 Effective date of adopted ordinance.

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.

§ 170.304 Basis of decision.

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:

(1)

Whether the amendment is consistent with the Village's Comprehensive Plan;

(2)

Whether the amendment is consistent with other planning documents adopted by the Village Board;

(3)

Whether this chapter with the amendment is internally consistent;

(4)

Whether the amendment is the least restrictive approach to address issues of public health, safety, and welfare;

(5)

The extent to which the text amendment will likely create new nonconforming uses and structures;

(6)

If the proposed amendment relates to floodplain regulations, whether the chapter as amended complies with §§ 62.23 and 87.30, Wis. Stats., Ch. NR 116, Wis. Admin. Code, and other state laws;

(7)

If the proposed amendment relates to shoreland-wetland regulations, whether the chapter as amended complies with § 62.231, Wis. Stats.; Ch. NR 117, Wis. Admin. Code; and other state laws;

(8)

Whether the proposed amendment is needed to comply with a new or revised state or federal law; and

(9)

Any other factor not specifically or generally listed, but deemed appropriate by the Plan Commission or Village Board given the particular circumstances.

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:

(1)

Whether the amendment is consistent with the Village's Comprehensive Plan, including future land use maps or similar maps;

(2)

Whether the amendment is consistent with other planning documents adopted by the Village Board;

(3)

The extent to which the amendment will or will likely increase or decrease the number of nonconforming uses and structures; and

(4)

Any other factor not specifically or generally listed, but deemed appropriate by the Plan Commission or Village Board given the particular circumstances.

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:

(1)

Storm- and floodwater storage capacity;

(2)

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

(3)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(4)

Shoreline protection against erosion;

(5)

Fish spawning, breeding, nursery, or feeding grounds;

(6)

Wildlife habitat; or

(7)

Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.

§ 170.305 Imposition of conditions.

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.

§ 170.306 Application content.

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

(1)

An application form as may be used by the Village;

(2)

A project map prepared at an appropriate scale depicting the information listed in Appendix F;[1] and

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

(3)

Other supporting information the applicant deems appropriate.

(4)

Fee as established by the Village Board.

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

(1)

An application form as may be used by the Village; and

(2)

Other supporting information the applicant deems appropriate.

(3)

Fee as established by the Village Board.

§ 170.307 Staff report content.

The staff report should include the following:

Preliminary findings for the decision criteria listed in this division;

Proposed revisions, if appropriate; and

Other information deemed necessary.

§ 170.308 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.

§ 170.320 Purpose.

A planned development district allows for more flexibility in the development of land while ensuring substantial compliance with the intent of this chapter and the Village's Comprehensive Plan. As further described in Article 7, the following may be reviewed as a planned development district:

Conventional planned unit development;

Conservation subdivision; and

Adaptive reuse project.

§ 170.321 Initiation.

The owner of the subject property may submit an application for the establishment of a planned development district.

§ 170.322 Development agreement.

If a planned development district is established pursuant to this division, the Village and developer may enter into a development agreement that specifies the duties and obligations of both parties with respect to the development project.

§ 170.323 Review procedure.

Establishment of a planned development district involves a two-step process. The review of a proposed project begins with a general development plan. If the general development plan is approved (i.e., an ordinance is adopted), a precise implementation plan for all or a part of the project is reviewed. If the precise implementation plan is approved, the project is officially approved. The general steps outlined below shall be used in the review of an application for the establishment of a planned development district.

Step One: General development plan.

(1)

Presubmittal meeting with staff. The applicant or the applicant's agent meets with the Zoning Administrator to review i) applicable regulations and procedures; ii) applicable sections of the Village's Comprehensive Plan and applicable neighborhood plans, if any; 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.

(2)

Preapplication conference with Plan Commission. The applicant meets with the Plan Commission for an informal discussion relating to the proposed project. At that meeting, the applicant shall provide the Plan Commission with materials that describe the proposed project in sufficient detail for a preliminary, nonbinding review.

(3)

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.

(4)

(5)

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.

(6)

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.

(7)

(8)

Public hearing. Allowing for proper notice, the Plan Commission and Village Board 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 or the Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Plan Commission may direct the Zoning Administrator to conduct additional research related to the proposed district.

(9)

Staff follow-up. After the close of the public hearing, the Plan Commission may direct the Zoning Administrator, Village Engineer, and/or the Village Attorney to prepare a preliminary decision document.

(10)

Plan Commission recommendation. The Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the general development plan, subject to approval of a precise implementation plan; ii) approve the general development plan with conditions, subject to approval of a precise implementation plan; or iii) deny the general development plan.

(11)

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

(12)

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

(13)

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 general development plan, subject to approval of a precise implementation plan; ii) approve the general development plan with conditions, subject to approval of a precise implementation plan; or iii) deny the general development plan.

(14)

Preparation of decision document. If the general development plan is approved, the Zoning Administrator prepares a final ordinance.

(15)

(16)

Acceptance by property owner. If the general development plan 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 two 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 of the property owner signatures have been obtained and the original signature copy is returned to the Zoning Administrator.

Step Two: Precise implementation plan.

(1)

Submittal of precise implementation plan. The applicant submits a precise implementation plan and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board. At the discretion of the applicant, such materials may be submitted concurrently with the review of the general development plan.

(2)

(3)

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.

(4)

General notice. Consistent with Division 2 of Article 4, the Zoning Administrator shall provide for a meeting agenda notice.

(5)

Staff report preparation and distribution. The Zoning Administrator may prepare a staff report that evaluates whether the precise implementation plan is consistent with the approved general development plan and the suitability of the proposed plan given the additional information provided in the plan and supplemental materials. The Zoning Administrator provides a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.

(6)

Meeting. Allowing for proper notice, the Plan Commission reviews the precise implementation plan and the staff report, if any.

(7)

Determination of consistency. The Plan Commission determines whether the precise implementation plan is generally consistent with the approved general development plan with respect to density/intensity and permissible land uses. If the Plan Commission determines that the precise implementation plan is not generally consistent, the Plan Commission shall render that decision in writing and take no further action on the precise implementation plan.

(8)

Plan Commission recommendation. If the precise implementation plan is deemed to be consistent with the general development plan, the Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the precise implementation plan, ii) approve the precise implementation plan with conditions, or iii) deny the precise implementation plan.

(9)

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

(10)

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

(11)

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 precise implementation plan, ii) approve the precise implementation plan with conditions, or iii) deny the precise implementation plan.

(12)

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

(13)

(14)

Acceptance by property owner. If an approval includes 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 two 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.

§ 170.324 Basis of decision.

In the review of a general development plan and the precise implementation plan, the Plan Commission, in making its recommendation, and the Village Board, in making its decision, shall consider the following factors:

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

[1]

Editorial Note: For example, a planned development district may enhance the baseline zoning district, when it includes desirable features or amenities that are not otherwise required, including but not limited to additional landscaping/buffering, open space, or enhanced design elements.

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

§ 170.325 Imposition of conditions.

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]

[1]

Editorial Note: See § 62.23(7)(gm), Wis. Stats. The Village, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.

§ 170.326 Application form and content.

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

(1)

An application form as may be used by the Village;

(2)

A general development plan prepared at an appropriate scale depicting the information listed in Appendix F;[1]

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

(3)

A preliminary draft of covenants if any are to be imposed; and

(4)

A development schedule, if the project is to be constructed in phases, which includes the anticipated beginning date and ending date of each phase and a description of those project-related elements to be completed in each phase.

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

(1)

An application form as may be used by the Village;

(2)

A precise implementation plan prepared at an appropriate scale depicting the information listed in Appendix F;[2]

[2]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

(3)

A final draft of covenants if any are to be imposed;

(4)

Homeowners' association documents, if proposed or required;

(5)

A development agreement, if proposed or required; and

(6)

§ 170.327 Staff report content.

The staff report should 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.

§ 170.328 Effect of approval.

If the Village Board approves a planned development district, the approval shall run with the land and is binding on all subsequent property owners.

§ 170.329 Effect of approved planned development district on land division standards.

Development in a planned development district is subject to the Village's land division regulations to the extent applicable, except that the Plan Commission or Village Board may waive a development standard in the land division regulations as provided therein.

§ 170.330 Amendment of approved planned development district.

If the Village Board approves a planned development district, the Plan Commission and Village Board shall review all proposed changes to the project plan that was approved at the time of approval. If in the opinion of the Village Board, the proposed change constitutes a minor alteration, the Village Board may approve the requested change at a regular or special meeting of the Village Board. If the proposed change constitutes a major alteration, the review procedure in this division must be followed.

§ 170.331 Expiration of an approval.

If any portion of a planned development district that can be developed remains substantially undeveloped (i.e., less than 50% completed) three years after final approval, the Village Board may rescind the approval, in whole or in part, following a public hearing. Upon petition and with cause, the Village Board may grant a one-time extension, not to exceed four years. In the event the Village Board rescinds an approval, the Village Board shall at that time reclassify undeveloped lands in the district based on the zoning regulations in effect at that time. Developed portions of the planned development district may either be allowed to retain the planned development district designation or be reclassified based on the zoning regulations in effect at that time.

§ 170.332 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.

§ 170.350 Purpose.

Although each zoning district is primarily intended for a predominant type of land use, there are a number of uses that may be appropriate under certain conditions. These are referred to as conditional uses. This division describes the requirements and procedures for reviewing a conditional use, including an amendment of an approved conditional use.

§ 170.351 Applicability and restrictions.

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.

[1]

Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.

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.

§ 170.352 Initiation.

The owner of the subject property may submit an application for the establishment of a conditional use.

§ 170.353 Review procedure.

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.

(1)

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

(2)

(3)

Determination of completeness. The Zoning Administrator reviews the application 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.

(4)

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.

(5)

Special notice to Department of Natural Resources. If the application relates to the floodplain regulations in this chapter, the Zoning Administrator shall send a copy of the application and 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.

(6)

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

(7)

(8)

Public hearing. Allowing for proper notice, the Village Board and the 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. In addition, the Plan Commission may direct the Zoning Administrator to prepare such documents it deems necessary, including a preliminary decision document.

(9)

Staff follow-up. After the close of the public hearing, the Plan Commission may direct the Zoning Administrator to prepare a preliminary decision document.

(10)

Plan Commission recommendation. After the public hearing has been closed, the Plan Commission will make a recommendation to the Village Board for approval or denial. The recommendation shall state the terms of the approval or reasons for denial as set forth in a draft conditional use order. The burden of proof is on the applicant to prove they have met the standards of the chapter and those set forth by the Plan Commission/Village Board during the process.

(11)

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

(12)

Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, if any, and the Plan Commission's recommendation, the Village Board makes a decision to i) approve the conditional use, ii) approve the conditional use with conditions, or iii) deny the conditional use.

(13)

Preparation of final 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.

(14)

(15)

Notification to Department of Natural Resources. If the application relates to the floodplain 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 within 10 calendar days of the date of decision.

(16)

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.

(17)

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

(18)

Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the Zoning Administrator records the decision document against the subject property in the office of the Washington County register of deeds.

(19)

Administrative steps. If the conditional use is approved and the Zoning Administrator has created a map showing conditional uses, the Zoning Administrator adds the conditional use to that map.

§ 170.354 Basis of decision.

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

(1)

The standard conditions of approval set forth in § 170.356;

(2)

Each of the special conditions of approval set forth in § 170.355;

(3)

Each of the performance standards set forth in Article 6;

(4)

Each of the development standards prescribed for the requested conditional use;

(5)

All other applicable sections of the Zoning Code; and

(6)

All other applicable sections of the Municipal Code, including the Village's groundwater regulations.

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:

(1)

Adjusting the location of the use, or parts thereof, on the subject property;

(2)

Limiting hours of operation;

(3)

Limiting the size or scope of the use, or parts thereof;

(4)

Controlling how the use is managed on an on-going basis;

(5)

Providing additional landscaping;

(6)

Providing additional screening; and

(7)

Limiting operations conducted out-of-doors, if otherwise allowed.

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.

§ 170.355 Special conditions of approval.

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.

Issue		Potential Condition
1.	Hours of operation	Limit hours of operation to hours to be more compatible with surrounding uses.
2.	Buffering	Require more of a buffer than what is otherwise required by this chapter. Buffering may include landscaping, walls or fences, berms, and other features to physically separate adjoining uses.
3.	Maximum floor area	Establish a maximum floor area that may be less than what is otherwise allowed.
4.	Maximum number of patrons	Limit the size of the use by establishing maximum patron loads, often by seats and/or tables
5.	Uses within buildings	Limit commercial uses to the first floor of a multistory building.
6.	Number and/or location of entrances	Design the site and building so that entrances are located in areas away from adjoining properties.
7.	Outdoor activity	Restrict locations and/or times of outdoor activity.
8.	Outdoor storage	Establish a maximum area for outdoor storage that may be less than what is otherwise allowed.
9.	Take-out food service	Prohibit drive-up service windows and/or walk-up service windows in certain areas of the property (e.g., near a residential use). If these are allowed, limitations could be set.
10.	Delivery services	Prohibit delivery services that entail frequent trips or establish upper limits on the activity.
11.	Signage	Prohibit signage in areas of the property that may cause an impact on surrounding areas.

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]

[1]

§ 170.356 Standard terms for approved conditional use.

The terms and conditions listed below are automatically incorporated into a conditional use order authorizing a use, unless otherwise stated in the conditional use order.

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]

[1]

Code Editor's Note: See Ch. 286, Property Maintenance.

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.

§ 170.357 Application form and content.

The application submittal shall include an application form as may be used by the Village and a project map prepared at an appropriate scale depicting the information listed in Appendix F.[1]

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

§ 170.358 Staff report content.

The staff report should include preliminary findings for the decision criteria listed in this division and other information deemed appropriate.

§ 170.359 Content of decision document.

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

(1)

A statement that the conditional use is approved;

(2)

A description of the conditional use;

(3)

A description of where the conditional use will occur on the property;

(4)

Reasons for the decision based on the criteria listed in this division;

(5)

Conditions of approval that must be satisfied prior to the establishment of the conditional use, if any;

(6)

Conditions of approval that must be complied with during the life of the conditional use, if any;

(7)

A statement indicating that the property owner must sign the decision document and return it to the Zoning Administrator to acknowledge acceptance of the same;

(8)

A statement that the applicant may appeal the decision to a court of competent jurisdiction;

(9)

A statement that an aggrieved person, other than the applicant, may appeal the decision to a court of competent jurisdiction and that any work done by the applicant as authorized by the approval is done at the applicant's risk;

(10)

A statement indicating the nature of the approval (i.e., personal to the property owner or runs with the land);

(11)

Other information the Village Board or Zoning Administrator deems appropriate;

(12)

The signature of the Zoning Administrator on behalf of the Village Board; and

(13)

The date of the decision.

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

(1)

A statement that the conditional use is denied;

(2)

A description of the project, including acreage and proposed use characteristics;

(3)

Reasons for the decision based on the criteria listed in this division;

(4)

A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;

(5)

A statement that the decision may be appealed as provided for in this division;

(6)

Other information the Village Board or Zoning Administrator deems appropriate;

(7)

The signature of the Zoning Administrator on behalf of the Village Board; and

(8)

The date of the decision.

§ 170.360 Term for approval.

A conditional use order authorizing a conditional use shall remain in effect so long as the use complies with the terms and conditions of the order. The order may describe an administrative renewal process to allow for streamlined renewal of the conditional use order with a provision that allows the Plan Commission and/or the Village Board to remove the conditional use order from automatic renewal if there are concerns with compliance with the conditional use order or concerns raised by the public about the applicant's operations. If the Plan Commission or the Village Board pulls the conditional use order from automatic approval, the conditional use order shall remain in effect while the Plan Commission provides due process to the applicant in reviewing the conditional use order and its potential renewal.

§ 170.361 Effect of approval.

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.

[1]

Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.

§ 170.362 Expiration of an approval.

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:

(1)

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

(2)

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

(3)

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

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.

§ 170.363 Amendment of approved conditional use.

Following approval of a conditional use, the Plan Commission shall review all proposed changes to the approval. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this division. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.

§ 170.364 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.

§ 170.365 Effect of Comprehensive Plan.

Pursuant to § 66.1001(2m)(b), Wis. Stats., a conditional use approval that may be issued by the Village Board does not need to be consistent with the Village's adopted Comprehensive Plan.

§ 170.370 Review procedure.

New telecommunication tower and Class 1 collocation.

(1)

The general steps outlined below shall be used to review an application for a new telecommunication tower and a Class 1 collocation as designated in the land use matrix (Appendix A[1]).

(a)

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

(b)

Determination of completeness. The Zoning Administrator reviews the application and determines whether the application is complete. A determination of completeness shall be made within 30 days of the submittal. If the application includes all of the required information, the application shall be found to be complete. The Zoning Administrator notifies the applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete. 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.

(c)

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.

(d)

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.

(e)

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

(f)

Public hearing. Allowing for proper notice, the Plan Commission conducts a public hearing to review the application consistent with Division 3 of Article 4. Prior to the close of the public hearing, the applicant or the Plan Commission may request a continuance consistent with Division 3 of Article 4.

(g)

Staff follow-up. If the Plan Commission does not render a decision immediately following the public hearing, the Plan Commission may direct the Zoning Administrator to prepare a preliminary decision document.

(h)

Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, if any, the Plan Commission makes a decision to i) approve the application, ii) approve the application with conditions, or iii) deny the application.

(i)

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

(j)

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.

(k)

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 Plan Commission 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 is null and void without any further action by the Village. 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.

(l)

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

(m)

[1]

Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.

(2)

In the event an applicant believes the Village has exceeded its authority as set forth in § 66.0404, Wis. Stats., and other such laws as may apply which may include 47 U.S.C.A. § 1455, the applicant shall notify the Zoning Administrator in writing, and the reviewing authority reserves the right to reconsider the matter, to ensure that applicable laws are followed.

Class 2 collocation.

(1)

The general steps outlined below shall be used to review an application for a Class 2 collocation which is allowed in all zoning districts.

(a)

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

(b)

Determination of completeness. The Zoning Administrator reviews the application and determines whether the application is complete. A determination of completeness shall be made within 30 days of the submittal. If the application includes all of the required information, the application shall be found to be complete. The Zoning Administrator must notify the applicant in writing within five days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete. 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.

(c)

Decision. The Zoning Administrator makes a decision on the application within 45 days of the date the application is deemed complete, unless the time is extended by the applicant. The decision shall be stated in writing. If approval is not granted, the reasons therefor must be stated.

(d)

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

(2)

In the event an applicant believes the Village has exceeded its authority as set forth in § 66.0404, Wis. Stats., and other such laws as may apply which may include 47 U.S.C.A. § 1455, the applicant shall notify the Zoning Administrator in writing and the reviewing authority reserves the right to reconsider the matter, to ensure that applicable laws are followed.

§ 170.371 Application form.

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:

(1)

The name and business address of and the contact individual for the applicant.

(2)

The location of the proposed tower or affected tower.

(3)

The location of the proposed mobile service facility.

(4)

If an application is to substantially modify an existing telecommunication tower, a construction plan which describes the proposed modifications to the tower, and equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

(5)

If an application is to construct a new telecommunication tower, a construction plan which describes the proposed tower and equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.

(6)

If an application is to construct a new telecommunication tower, an explanation as to why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from the responsible party attesting that collocation within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.

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

(1)

The name and business address of and the contact individual for the applicant.

(2)

The location of the proposed tower or affected tower.

(3)

The location of the proposed mobile service facility.

§ 170.372 Imposition of conditions.

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:

(1)

A requirement relating to environmental testing, sampling, or monitoring.

(2)

A requirement relating to radio frequency emissions.

(3)

A requirement to pay a reoccurring fee.

(4)

A requirement that the structure or mobile service facility owner must provide space on or near the structure for the use of or by the Village at less than the market rate, or to provide the Village other services via the structure or facilities at less than the market rate.

(5)

Limit the duration of the approval.

(6)

A requirement that the applicant must indemnify or insure the Village in connection with the political subdivision's exercise of its authority to approve the application.

(7)

A requirement that the applicant must give the Village the right to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the Village or an entity in which the Village has a governance, competitive, economic, financial, or other interest.

§ 170.373 Expiration of an 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:

(1)

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

(2)

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

(3)

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

§ 170.374 Amendment of approval.

Following approval, the Plan Commission shall review all proposed changes to the approval. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this division. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.

§ 170.375 Fees.

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.

§ 170.390 Generally.

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.

§ 170.391 Applicability.

Those land uses designated as requiring site plan review (SP) or plan of operation review (PO) in the land use matrix (Appendix A[1]) must comply with the requirements in this division.

[1]

Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.

§ 170.392 Initiation.

The owner of the subject property, or an agent acting on their behalf, may submit an application for a site plan and plan of operation.

§ 170.393 Review procedure.

The general steps outlined below shall be used in the review of a site plan and plan of operation application.

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.

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.

§ 170.394 Basis of decision.

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

(1)

Effects of the project on traffic safety and efficiency and pedestrian circulation, both on-site and off-site;

(2)

Effects of the project on the natural environment;

(3)

Effects of the project on surrounding properties;

(4)

Compliance with the general site design principles and requirements in Article 6;

(5)

Compliance with the design principles for parking lots enumerated in Article 14;

(6)

Compliance with other applicable requirements in this chapter; and

(7)

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

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

(1)

The nature of the land use with regard to the number of employees, nature and extent of truck shipments to and from the site, hours of operation, use of hazardous substances, and other operational characteristics;

(2)

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

(3)

Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed land use; and

(4)

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

§ 170.395 Imposition of conditions.

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]

[1]

§ 170.396 Application form and content.

The application submittal shall include an application form as may be used by the Village.

§ 170.397 Staff report content.

The staff report should include the following:

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.

§ 170.398 Content of decision document.

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

(1)

A statement that the site plan/plan of operation is approved;

(2)

A description of the land use along with operational characteristics;

(3)

Reasons for the decision based on the criteria listed in this division;

(4)

Conditions of approval, if any;

(5)

A statement indicating that the property owner and operator, if different, must sign the decision document and return it to the Zoning Administrator to acknowledge acceptance of the same;

(6)

A statement that the applicant may appeal the decision to a court of competent jurisdiction;

(7)

A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;

(8)

Other information the reviewing authority or Zoning Administrator deems appropriate;

(9)

The signature of the Zoning Administrator on behalf of the reviewing authority; and

(10)

The date of the decision.

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

(1)

A statement that the site plan/plan of operation is denied;

(2)

A description of the land use;

(3)

Reasons for the decision based on the criteria listed in this division;

(4)

A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;

(5)

A statement that the decision may be appealed as provided for in this division;

(6)

Other information the reviewing authority or Zoning Administrator deems appropriate;

(7)

The signature of the Zoning Administrator on behalf of the reviewing authority; and

(8)

The date of the decision.

§ 170.399 Effect of approval.

The approval of a site plan and a plan of operation shall run with the land and is binding on all subsequent property owners.

§ 170.400 Expiration of approval.

An approval of a site plan/plan of operation 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:

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.

§ 170.401 Amendment of approval.

Following approval of a site plan or plan of operation, the Plan Commission shall review all proposed changes to the approval. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this division. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.

§ 170.402 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.

§ 170.420 Generally.

Architectural review is intended to ensure that buildings fit into the context in which they occur.

§ 170.421 Applicability.

Those land uses designated as requiring architectural review in the land use matrix (Appendix A[1]) must comply with the requirements in this division. The exterior of an existing building designated as requiring architectural review may be re-sided or re-roofed with the same or similar type of materials.

[1]

Code Editor’s Note: Appendix A is included in Chapter 170A, Zoning Appendix.

§ 170.422 Initiation.

The owner of the subject property may submit an application for architectural review.

§ 170.423 Review procedure.

The general steps outlined below shall be used in the review of an architectural plan application.

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.

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

§ 170.424 Basis of decision.

The review authority shall determine whether the building complies with all applicable provisions of this chapter.

§ 170.425 Imposition of conditions.

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.

[1]

§ 170.426 Application form and content.

The application submittal shall include an application form as may be used by the Village and a set of architectural plans prepared at an appropriate scale.

§ 170.427 Content of decision document.

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

(1)

A statement that the architectural plan is approved;

(2)

A description of the project;

(3)

Reasons for the decision based on the criteria listed in this division;

(4)

Conditions of approval, if any;

(5)

If one or more conditions of approval are imposed, a statement indicating that the property owner must sign the decision document and return it to the Zoning Administrator to acknowledge acceptance of the same;

(6)

A statement that the applicant may appeal the decision to a court of competent jurisdiction;

(7)

A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;

(8)

Other information the Plan Commission or administrator deems appropriate;

(9)

The signature of the Zoning Administrator on behalf of the Plan Commission; and

(10)

The date of the decision.

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

(1)

A statement that the architectural plan is denied;

(2)

A description of the project;

(3)

Reasons for the decision based on the criteria listed in this division;

(4)

A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;

(5)

A statement that the decision may be appealed as provided for in this division;

(6)

Other information the Plan Commission or Zoning Administrator deems appropriate;

(7)

The signature of the Zoning Administrator on behalf of the Plan Commission; and

(8)

The date of the decision.

§ 170.428 Effect of approval.

An approval of an architectural plan shall run with the land and is binding on all subsequent property owners.

§ 170.429 Expiration of approval.

An approval of an architectural plan shall automatically expire 12 months after the date of issuance unless substantial work has commenced 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:

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.

§ 170.430 Amendment of approval.

Following approval of an architectural plan, the Plan Commission shall review all proposed changes to the approval. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this division. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.

§ 170.431 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.

§ 170.440 Purpose.

Upon written petition, the Plan Commission may, on a case-by-case basis, grant a special exception for those development standards specifically noted as special exceptions in this chapter.

§ 170.441 Initiation.

The owner of the subject property may submit an application for a special exception.

§ 170.442 Review procedure.

The general steps outlined below shall be used in the review of a special exception application.

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.

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

§ 170.443 Basis of decision.

The review authority shall consider the following factors:

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.

§ 170.444 Imposition of conditions.

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.

[1]

§ 170.445 Limitations on issuing special exception.

A special exception shall only be approved in those instances where issuance is specifically authorized in this chapter.

§ 170.446 Application form and content.

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]

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

§ 170.447 Staff report content.

The staff report should include the following:

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.

§ 170.448 Content of decision document.

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

(1)

A statement that the special exception is approved;

(2)

A description of the special exception;

(3)

Reasons for the decision based on the criteria listed in this division;

(4)

Conditions of approval, if any;

(5)

A statement indicating that the property owner must sign the decision document and return it to the Zoning Administrator to acknowledge acceptance of the same;

(6)

A statement that the applicant may appeal the decision to a court of competent jurisdiction;

(7)

A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;

(8)

Other information the review authority or Zoning Administrator deems appropriate;

(9)

The signature of the Zoning Administrator on behalf of the reviewing authority; and

(10)

The date of the decision.

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

(1)

A statement that the special exception is denied;

(2)

A description of the special exception;

(3)

Reasons for the decision based on the criteria listed in this division;

(4)

A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;

(5)

A statement that the decision may be appealed as provided for in this division;

(6)

Other information the review authority or Zoning Administrator deems appropriate;

(7)

The signature of the Zoning Administrator on behalf of the reviewing authority; and

(8)

The date of the decision.

§ 170.449 Effect of approval.

If a special exception is approved, such approval shall run with the land and is binding on all subsequent property owners.

§ 170.450 Expiration of approval.

An approval for a special exception 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:

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.

§ 170.451 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.

§ 170.460 Purpose.

A zoning permit is administrative in nature and is intended to ensure that certain types of land uses are in compliance with this chapter and any precedent approvals (e.g., conditional use approval).

§ 170.461 Applicability.

Those land uses designated as requiring a zoning permit in the land use matrix (Appendix A[1]) must comply with the requirements in this division when a new use is being established and when there is a change in occupancy of an existing nonresidential building.

[1]

Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.

§ 170.462 Initiation.

The owner of the subject property may submit an application for a zoning permit.

§ 170.463 Review procedure.

The general steps outlined below shall be used in the review of an application for a zoning permit.

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.

§ 170.464 Basis of decision.

In determining whether to issue a zoning permit or deny the permit, the Zoning Administrator shall determine whether the proposed use is consistent with 1) any prior approvals, such as a conditional use approval, 2) this chapter, and 3) other provisions of the Municipal Code.

§ 170.465 Expiration of approval.

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:

(1)

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

(2)

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

(3)

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

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.

§ 170.466 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an administrative appeal with the Zoning Board of Appeals within 30 calendar days of the final decision.

§ 170.480 Purpose.

A floodplain permit is administrative in nature and is intended to ensure that land uses located in the Floodplain Overlay District comply with the requirements in Article 9.

§ 170.481 Applicability.

A floodplain permit must be obtained before any of the following is initiated in the Floodplain Overlay District:

New development, broadly construed;

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

Change in the use of a building or structure.

§ 170.482 Initiation.

The owner of the subject property may submit an application for a floodplain permit.

§ 170.483 Review procedure.

The general steps outlined below shall be used in the review of an application for a floodplain permit.

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.

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

§ 170.484 Basis of decision.

In determining whether to issue a floodplain permit or deny the permit, the Zoning Administrator shall determine whether the proposed use is consistent with the standards in Article 9.

§ 170.485 Application form and content.

(1)

Name and address of the property owner;

(2)

Legal description of the subject property;

(3)

A description of the proposed project;

(4)

The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study, either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);

(5)

Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Division 4 or 6 of Article 9 are met; and

(6)

Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 170.1221. This may include any of the information noted in § 170.1232.

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

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

(1)

Elevation of existing and proposed roads located in the floodplain;

(2)

Elevation of existing and proposed wellheads located in the floodplain; and

(3)

Elevation of existing and proposed buildings located in the floodplain.

§ 170.486 Expiration of approval.

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:

(1)

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

(2)

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

(3)

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

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.

§ 170.487 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an administrative appeal with the Zoning Board of Appeals within 30 calendar days of the final decision.

§ 170.500 Purpose.

A berm permit is administrative in nature and is intended to ensure the proposed project complies with all applicable sections of this Code.

§ 170.501 Applicability.

A berm permit must be obtained before any work is done to construct or modify an existing berm.

§ 170.502 Initiation.

The owner of the subject property may submit an application for a berm permit.

§ 170.503 Review procedure.

The general steps outlined below shall be used in the review of an application for a berm permit.

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.

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

§ 170.504 Basis of decision.

In determining whether to issue a berm permit or deny the permit, the Zoning Administrator shall determine whether the proposed berm complies with all applicable sections of this Code.

§ 170.505 Application form and content.

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

§ 170.506 Expiration of approval.

A berm 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:

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.

§ 170.507 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an administrative appeal with the Zoning Board of Appeals within 30 calendar days of the final decision.

§ 170.520 Generally.

Temporary use permits for 30 days or less in a single calendar year are reviewed by the Zoning Administrator and are intended to ensure that such uses do not cause negative impacts. Temporary use permits under this division may also be allowed by Village staff for multiple occurrences in a single permit application, provided the occurrences do not exceed 30 days in aggregate in a single calendar year. For the purposes of this division, any portion of a day authorized for a temporary use shall constitute a full day. Temporary uses which have the potential of being detrimental to and/or incompatible with adjoining properties or the community at large are reviewed by the Plan Commission as described in Division 12.

§ 170.521 Review procedure.

The general steps outlined below shall be used in the review of an application for a temporary use for 30 days or less.

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.

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

§ 170.522 Basis of decision.

To approve a temporary use permit for 30 days or less, the Zoning Administrator must determine that the proposed temporary use complies with all applicable sections of this code and does not have the potential to create a general nuisance or a nuisance for those properties in the general area of the proposed use.

§ 170.523 Conditions of approval.

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]

[1]

§ 170.524 Application form and content.

[1]

Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.

§ 170.525 Expiration of approval.

A temporary use permit shall not be issued across multiple calendar years. A temporary use permit shall only be authorized to 1) automatically expire 30 days after the first day of the temporary use, 2) an earlier date, or 3) as may be specified in the approval but not to exceed 30 days, in aggregate, in a single calendar year.

§ 170.526 Appeal.

An aggrieved person may appeal a final decision made pursuant to this division by filing an administrative appeal with the Zoning Board of Appeals within 30 calendar days of the final decision.

Richfield Village Washington CountyCity Zoning Code

ARTICLE 5

§ 170.300 Purpose.

§ 170.301 Initiation.

§ 170.302 Review procedure. [1]

§ 170.303 Effective date of adopted ordinance.

§ 170.304 Basis of decision.

§ 170.305 Imposition of conditions.

§ 170.306 Application content.

§ 170.307 Staff report content.

§ 170.308 Appeal.

§ 170.320 Purpose.

§ 170.321 Initiation.

§ 170.322 Development agreement.

§ 170.323 Review procedure.

§ 170.324 Basis of decision.

§ 170.325 Imposition of conditions.

§ 170.326 Application form and content.

§ 170.327 Staff report content.

§ 170.328 Effect of approval.

§ 170.329 Effect of approved planned development district on land division standards.

§ 170.330 Amendment of approved planned development district.

§ 170.331 Expiration of an approval.

§ 170.332 Appeal.

§ 170.350 Purpose.

§ 170.351 Applicability and restrictions.

§ 170.352 Initiation.

§ 170.353 Review procedure.

§ 170.354 Basis of decision.

§ 170.355 Special conditions of approval.

§ 170.356 Standard terms for approved conditional use.

§ 170.357 Application form and content.

§ 170.358 Staff report content.

§ 170.359 Content of decision document.

§ 170.360 Term for approval.

§ 170.361 Effect of approval.

§ 170.362 Expiration of an approval.

§ 170.363 Amendment of approved conditional use.

§ 170.364 Appeal.

§ 170.365 Effect of Comprehensive Plan.

§ 170.370 Review procedure.

§ 170.371 Application form.

§ 170.372 Imposition of conditions.

§ 170.373 Expiration of an approval.

§ 170.374 Amendment of approval.

§ 170.375 Fees.

§ 170.390 Generally.

§ 170.391 Applicability.

§ 170.392 Initiation.

§ 170.393 Review procedure.

§ 170.394 Basis of decision.

§ 170.395 Imposition of conditions.

§ 170.396 Application form and content.

§ 170.397 Staff report content.

§ 170.398 Content of decision document.

§ 170.399 Effect of approval.

§ 170.400 Expiration of approval.

§ 170.401 Amendment of approval.

§ 170.402 Appeal.

§ 170.420 Generally.

§ 170.421 Applicability.

§ 170.422 Initiation.

§ 170.423 Review procedure.

§ 170.424 Basis of decision.

§ 170.425 Imposition of conditions.

§ 170.426 Application form and content.

§ 170.427 Content of decision document.

§ 170.428 Effect of approval.

§ 170.429 Expiration of approval.

§ 170.430 Amendment of approval.

§ 170.431 Appeal.

§ 170.440 Purpose.

§ 170.441 Initiation.

§ 170.442 Review procedure.

§ 170.443 Basis of decision.

§ 170.444 Imposition of conditions.

§ 170.445 Limitations on issuing special exception.

§ 170.446 Application form and content.

§ 170.447 Staff report content.

§ 170.448 Content of decision document.

Richfield Village Washington County
City Zoning Code