Hear and decide applications to erect, move, reconstruct, extend, alter or change the exterior of all residential structures. Small accessory structures, decks and minor exterior alterations shall be exempt unless a determination is requested by the Zoning Administrator.

Hear and decide development applications for building plans, landscaping, HVAC locations, and signage for all commercial, industrial, institutional and multifamily uses.

Approve, deny or conditionally approve an application and may request such modifications as it may deem necessary to carry out the purpose of this division. The Board, however, shall not require private deed restrictions.

Request assistance from other municipal officers, departments, boards and commissions.

Request the applicant to furnish such additional information as the Board may reasonably require to make its required determinations under this section.

Principles. To implement and define criteria for the purposes of this section, the following principles are established:

Guidelines. The following design guidelines are established for all development applications for commercial, industrial, institutional and multifamily uses:

Findings. The Aesthetic Control Board shall not approve any application unless it finds that the purposes, principles, and guidelines in this section have been reasonably met.

Decision. The decision of the Aesthetic Control Board shall include the findings required under this section and shall be recorded in the minutes of the Aesthetic Control Board.

Appeal. Any person, or the City, aggrieved by any decision or order of the Aesthetic Control Board may appeal to the Zoning Board of Appeals of the City of St. Francis and pay the applicable fee within 30 days of such decision or order of Aesthetic Control Board’s. No resort to any other court or forum shall be had until the remedies provided herein have been exhausted.

The Zoning Board of Appeals shall have the following powers:

The Zoning Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the circumstances and to that end shall have all the powers of the Zoning Administrator. The concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from, or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirements of this chapter.

In addition to the foregoing, the Board shall have the following specific powers:

The Zoning Board of Appeals shall have the power to call upon any other City department for assistance in the performance of its duties, and it shall be the duty of such other department to render such assistance as may be reasonably required.

Preservation of intent. Variances shall be consistent with the purpose and intent of the regulations for the district in which the development is located.

Exceptional circumstances. There shall be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be amended.

Economic hardship and self-imposed hardship not grounds for variance. Variance shall not be granted on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of the variance.

Preservation of property rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

Absence of detriment. Variances shall not be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

All duties and responsibilities authorized by state statutes.

All duties and responsibilities detailed in this chapter, including but not limited to the following:

R-1 Single-Family Residential District.

R-2 Single-Family and Duplex Residential District.

R-3 Residential Mixed Use District.

R-4 General Multifamily and Commercial District.

R-5 Intensive Multifamily and Commercial District.

IU Institutional Use District.

B-1 Limited Business District.

B-2 General Business District.

M-1 Limited Industrial District.

M-2 General Industrial District.

The district boundaries are the center lines of streets or alleys, unless otherwise shown, and where the designation on the District Zoning Map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the District Zoning Map are approximately bounded by lot lines, the lot lines shall be construed to be the boundary of the district.

In subdivided property, the district boundary lines shown on the District Zoning Map shall be determined by the use of the scale shown on the map.

District 1A and 1B: maximum height 35 feet.

District 2: maximum height 50 feet.

District 3: maximum height 75 feet.

District 4: maximum height 100 feet.

District 5: maximum height 150 feet.

Subject only to the provisions of Subsection C(2) and (3) below, no permit shall be issued for the erection or location of any building or structure within the actual or established right-of-way of any street, highway, alley, or parkway within the City of St. Francis shown on the Official Map. All applications for permits to construct a building or structure within the bed of any streets, alleys, parkways, highways and expressways shown on the Official Map shall be denied by the Building Inspector within 30 days from the date of such application.

An application for the erection of a fence within the established right-of-way of any street, highway, alley or parkway shown on the Official Map, may only be granted if, in addition to compliance with all applicable requirements in § 198-6, the owner(s) of the subject property signs a written agreement with the City of St. Francis, in recordable form acceptable to the City Attorney, by which said property owner(s):

In the event of an appeal of the denial of a permit under this Subsection C, the Zoning Board of Appeals shall fix a time and place for the hearing of said appeal in the same manner as that established for other appeals to the Board; said hearing to be held not more than 40 days after such appeal is filed, unless the Board, in its discretion, extends the time for hearing upon motion of the appellant or City Attorney. If the land within such mapped street, alley, parkway, highway or expressway is not yielding a fair return, the Zoning Board of Appeals shall have power in a specific case, by the vote of a majority of its members, to grant a permit for a building in such street, alley, parkway, highway or expressway, which will as little as practicable increase the cost of opening such street, alley, parkway, highway or expressway, or tend to cause a change of such Official Map. The Board may also impose reasonable requirements as a condition of granting such permit where the board finds they are reasonably necessary to promote the health, convenience, safety or general welfare of the community. Notwithstanding any provision of this subsection to the contrary, the Board shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the mapped street, alley, parkway, highway or expressway. Before taking any action authorized in this subsection, the Board of Appeals shall hold a hearing at which parties in interest and others shall have an opportunity to be heard. At least 15 days before the hearing, notice of the time and place of the hearing shall be provided to the applicant and published as a Class 1 notice, under Ch. 985, Wis. Stats. Any decision by the board under this subsection shall be subject to review by commencement of a certiorari action within 30 days of the date of the Board's decision in the same manner and pursuant to the same provisions as in appeals from the decisions of a board of appeals of zoning matters under this Chapter 455.

The Common Council may from time to time, on its own motion or on petition, after first submitting the proposal to the City Planning Commission, amend, supplement or change the district boundaries or the regulations herein or subsequently established. Unless the Planning Commission report is made within 30 days, the Council may take final action without it. A public hearing shall be held following publication of a Class 2 notice, as defined by Wisconsin Statutes, as they may be amended from time to time, of the proposed amendment, supplement or changes and of hearing thereon.

In case of protest against such change, signed and acknowledged by the owners of 20% or more either of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the lands directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment, supplement or change shall not become effective except by the favorable vote of 3/4 of the members of the Council.