Shawano, WI Zoning Ordinance

Shawano City Zoning Code

ARTICLE X

Administration and Procedures

§ 10-160 Purpose.

The purpose of this article is to establish responsibilities for the administration of this chapter, and the enforcement procedures and penalties for noncompliance with the provisions of this Zoning Ordinance. The purpose of this article is also to establish procedural requirements for zoning text amendments, Zoning Map amendments, and various development approvals under this chapter, including conditional use permits, temporary use permits, variances, certificates of occupancy, and site plan review and approval.

§ 10-161 Exempt activities.

The following activities do not require review or approval by the City under this chapter.

(1)

Single-family and two-family residential uses on individual lots in any zoning district (compliance with this chapter determined as part of building permit issuance).

(2)

Residential accessory buildings (compliance with this chapter determined as part of building permit issuance).

(3)

A change in use of land or structure from one permitted use to another permitted use involving no physical site changes.

(4)

Official public information street graphics installed by or at the direction of a governmental unit.

(5)

The maintenance or improvement of a public road or railroad track not involving substantial engineering redesign if the work is carried out on land within the boundaries of the right-of-way.

(6)

Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal or construction on established rights-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.

§ 10-162 Zoning Administrator.

The Zoning Administrator, and/or other designee of the City Administrator, is hereby designated as the administrative and enforcement officer(s) for the provisions of this chapter. The general duty of the Zoning Administrator is to interpret and administer this chapter. The Zoning Administrator shall also have the following specific duties and responsibilities:

(1)

Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, temporary uses, site plans, occupancy permits, variances, appeals, interpretations, and applications thereof.

(2)

Receive, review, analyze, and develop written reports on all applications for land use permits, certificates of occupancy, appeals, variances, amendments to this chapter, or other development matters.

(3)

Serve as an ex officio nonvoting member of the Plan Commission and the Zoning Board of Appeals.

(4)

Issue land use permits and certificates of occupancy when the requirements of this chapter have been met, and make and maintain records thereof.

(5)

Along with any authorized agent, issue citations for the enforcement of this chapter and nuisances under Chapter 11 of the Municipal Code.

(6)

Coordinate official development review processes among government offices to the extent feasible.

(7)

Conduct inspections to determine compliance with the terms of this chapter and take remedial action when required.

(8)

Make interpretations regarding the provisions of this chapter per § 10-178.

(9)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters. The Zoning Administrator shall give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the City Attorney in a manner specified by him.

§ 10-163 Development Review Team.

(1)

The Development Review Team is comprised of appropriate City staff that may include the City Administrator, Department of Public Works, the Shawano Fire Department, and such other personnel as determined by the Zoning Administrator.

(2)

Development review is implemented under municipal authority to promote the public health, safety, and welfare. More specifically, development review is intended to enhance the aesthetic environment and ensure that larger development projects are compatible with neighboring properties and existing development elsewhere in the City of Shawano.

(3)

See Figure 10-167 for a summary of the Development Review Team's role in administering this chapter.[1]

[1]

Editor's Note: Figure 10-167 is included at the end of § 10-167.

§ 10-164 Plan Commission.

(1)

The Plan Commission, together with its other statutory duties, shall make recommendations relating to the planning and development of the City to the Common Council, other public officials, and other interested organizations and citizens.

(2)

The Plan Commission and/or designee in the performance of its functions may enter upon any land and make examinations and surveys. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.

(3)

Under this chapter, its functions are primarily recommendatory to the Common Council pursuant to guidelines set forth in this chapter as to various matters, and, always being mindful of the intent and purposes of this chapter.

§ 10-165 Common Council.

The Common Council, the governing body of the City, subject to recommendations by the Plan Commission, has ultimate authority to make changes and amendments to this Zoning Ordinance and the Official Zoning Map.

§ 10-166 Zoning Board of Appeals.

A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in the enforcement of this chapter.

(1)

Membership. The Board shall consist of five members appointed by the Mayor subject to confirmation of the Council for terms of three years. The members of the Board shall receive no compensation for their services, except they may be authorized repayment of any out-of-pocket expenses necessarily incurred in relation to their assigned duties. Board members shall be removable by the Mayor for cause upon written changes and upon public hearing. The Mayor shall designate one of the members Chairman. Vacancies shall be filed for the unexpired terms of members whose terms become vacant. The Mayor shall appoint, for staggered terms of three years, two alternate members of such Board, in addition to the five members provided for in this subsection. Annually, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of conflict of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. The above provisions, with regard to removal and the filling of vacancies, shall apply to such alternates.

(2)

Meetings. Meetings of the Board shall be held at least once a month, unless there is nothing to come before it. There shall be a fixed place of meeting, and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Board and vote of each member upon each question considered. The presence of four members shall be necessary to constitute a quorum. Special meetings shall be called by the Chairman. No special meeting of the Board of Appeals shall be called to hear any appeal at the request of any appellant unless such appellants shall have each first paid to the Finance Director an appeal fee as prescribed in § 10-182.

(3)

Powers. The Board of Appeals shall have the following powers:

(a)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement, administration, or interpretation of this chapter.

(b)

To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass.

(c)

To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. The Board may not permit as a variance any use that is not permitted under this chapter for property in the zoning district where the affected person's land is located.

(d)

To attach conditions of approval to any action described under this section, in furtherance of the general purpose and intent of this chapter.

(e)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter as shown on the Official Zoning Map where the actual street layout on the ground varies from the street layout on the aforesaid map.

(f)

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

(4)

In exercising the above-listed duties and responsibilities, the Board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination of the Zoning Administrator or other administrative officer from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination for which an appeal has been requested.

§ 10-167 Review and approval required.

Review procedures vary depending on the type of request; however, procedures within this article generally adhere to three common elements:

(1)

Submittal of a complete application, including fee payment and appropriate supplemental information.

(2)

Review by appropriate City staff and/or officials.

(3)

Action by appropriate City officials or staff to approve, conditionally approve, or deny the request.

(4)

Figure 10-167 summarizes the procedures, agencies, and personnel involved in the various procedures authorized by this chapter. Detailed procedures are discussed in §§ 10-169 through 10-179 of this article. Figure 10-167 is provided as a convenience for the Zoning Administrator and general public. Where there are conflicts between the text of this chapter and Figure 10-167, the text shall prevail.

Figure 10-167 Review and Approval Activities and Bodies
Application Process	City Staff	Develop-ment Review Team	Plan Com-mission	Common Council	Zoning Board of Appeals
Zoning Ordinance amendment (§ 10-169)	RE	RE	PH, RR	RE, A
Zoning Map amendment (§ 10-170)	RE	RE	PH, RR	RE, A
Conditional use permit (§ 10-171)	RE	RE	PH, RR	RE, A
Temporary use permit (§ 10-172)	RE, IP
Land use permit (§ 10-173)	RE, IP
Site plan (§ 10-174) (3 to 10 units residential/nonresidential; under 50,000 square feet)	RE, A	RE
Downtown mixed use design review	See § 10-175.
Group and large development (§ 10-118): regulated as conditional use (11 to 20 or more units residential/nonresidential; 50,000 square feet and over)	RE	RE	PH, RR	RE, A
Planned development (§ 10-177)	RE	RE	PH, RR	RE, A
Sign permit (§ 10-149)	RE, IP
Interpretation (§ 10-178)	RE, A
Variance (§ 10-176)	RE				RE, PH, A
Appeal (§ 10-179)	RE				RE, PH, A
Violations and penalties (§ 10-181)	RE, A
Building permit	See Chapter 12 of the Municipal Code.

KEY:

A = Action

P = Issues permit

PH = Public hearing

RE = Review and evaluate

RR = Review and recommend

§ 10-168 Public hearings.

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

(1)

Notice of any public hearing which the Council, Plan Commission, or Board of Appeals is required to hold under the terms of this chapter shall specify the date, time, and place of hearing, and the matter to be presented at the hearing.

(2)

The notice for variances and conditional uses shall be published as a Class 1 notice.

(3)

The notice for Zoning Ordinance amendments and Zoning Map amendments shall be published as a Class 2 notice.

(4)

The notice of public hearing shall be published in a newspaper of general circulation in the City of Shawano at least one week before the public hearing.

(5)

Notice of the public hearing shall be mailed to all parties in interest at least 10 days before the hearing. "Parties in interest" shall be defined as the petitioner; the Clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition; the owners of all lands included in the petition and all lands lying within 100 feet of lands included in the petition; and the owner or operator of an airport lying within three miles of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by any of the aforementioned bodies.

(6)

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

§ 10-169 Zoning Ordinance amendment.

(1)

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to the provisions of this chapter. Refer also to the requirements of § 62.23(7)(d), Wis. Stats.

(2)

Initiation of request for amendment. Proceedings for amendment of this chapter may be initiated by one of the following three methods: an application by any member of the general public; a recommendation by the Plan Commission to the Common Council; or by action of the Common Council.

(3)

Application requirements. An application to amend the regulations of this chapter shall contain the following (Digital files should be submitted rather than paper copies whenever possible, if applicable.):

(a)

The section(s) of the current provisions of this chapter which are proposed to be amended.

(b)

The text which is proposed to replace the current text.

(c)

As an optional requirement, the applicant may provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the Comprehensive Plan.

(d)

Any further information which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Common Council.

(4)

Review by the Zoning Administrator.

(a)

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant and inform him or her of all deficiencies.

(b)

The Zoning Administrator and Development Review Team shall review the complete application and evaluate whether the proposed amendment:

Advances the purposes of this chapter as outlined in § 10-3.

Advances the purposes of the general article in which the amendment is proposed to be located.

Advances the purposes of the specific section in which the amendment is proposed to be located.

Is in harmony with the recommendations of the Comprehensive Plan.

Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

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

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

New methods of development or types of infrastructure.

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

The Zoning Administrator shall prepare a written report addressing items in Subsection (4)(b)1 through 6, above, and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(5)

Public hearing. Within 50 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 10-168 to consider the request.

(6)

Review and recommendation by the Plan Commission.

(a)

Within 60 days of the public hearing, the Plan Commission may make a written report to the Common Council and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (4)(b)2, above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

(b)

If the Plan Commission fails to make a report within 60 days after the filing of a complete application, the Common Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Common Council. If a public hearing is necessary, the Common Council shall provide notice per the requirements so § 10-168.

(7)

Review and action by the Common Council.

(a)

The Common Council shall consider the recommendation of the Plan Commission regarding the proposed amendment. The Common Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant.

(b)

The Common Council may take final action (by ordinance) on the application at the time of its initial meeting, or may continue the proceedings by its own decision or the applicant's request. The Common Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment.

(c)

If the Common Council wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Common Council action. Any action to amend the provisions of proposed amendment requires a majority vote of the Common Council. The Common Council's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

(8)

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

§ 10-170 Zoning Map amendment.

(1)

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of the Official Zoning Map (rezonings).

(2)

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

(3)

Application. An application to amend the Official Zoning Map shall contain the following (Digital files should be submitted rather than paper copies whenever possible, if applicable.):

(a)

A map of the subject property to scale depicting:

All lands for which the zoning is proposed to be amended and all other lands within 100 feet of the boundaries of the subject property.

Names and addresses of the owners of all lands on said map as they appear on the current tax records of the City of Shawano.

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

All lot dimensions of the subject property.

A graphic scale and North arrow.

(b)

Legal description of the property.

(c)

Written justification for the proposed Official Zoning Map amendment, including evidence that the application is consistent with the Comprehensive Plan.

(d)

Any additional pertinent information which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Common Council.

(4)

Review by Zoning Administrator.

(a)

The Zoning Administrator and Development Review Team shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant and inform him or her of all deficiencies.

(b)

The Zoning Administrator shall review the complete application and evaluate whether the proposed amendment:

Advances the purposes of this chapter as outlined in § 10-3 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency.

Is in harmony with the recommendations of the Comprehensive Plan.

Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

Addresses any of the following factors that are not properly addressed on the current Official Zoning Map:

The designations of the Official Zoning Map are not in conformance with the Comprehensive Plan.

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

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

Growth patterns or rates have changed, creating the need for an amendment to the Official Zoning Map.

(c)

The Zoning Administrator shall prepare a written report addressing items listed in Subsection (4)(b)4, above, and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(5)

Public hearing. Within 50 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 10-168 to consider the request.

(6)

Review and recommendation by the Plan Commission.

(a)

Within 60 days of the public hearing, the Plan Commission may make a written report to the Common Council and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (4)(b)4, above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

(b)

(7)

Review and action by the Common Council.

(a)

(b)

The Common Council may take final action (by ordinance) on the application for the proposed amendment to the Official Zoning Map at the time of its initial meeting, or may continue the proceedings by its own decision or the applicant's request. The Common Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment.

(c)

If the Common Council wishes to make significant changes in the proposed amendment to the Official Zoning Map, as recommended by the Plan Commission, the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Common Council action. Any action to amend the Official Zoning Map requires a majority vote of the Common Council, except that in case of adverse recommendation by the Plan Commission or of a protest against such change signed and acknowledged by the owners of 20% of the frontage proposed to be changed or the frontage immediately in the rear thereof or directly opposite thereto, such amendment shall not be passed, except by a three-fourths vote of all members of the Common Council. The Common Council's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

(8)

§ 10-171 Conditional use permit procedures.

(1)

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.

(2)

Applicability. There are certain uses which because of their unique characteristics make impractical the predetermination of permissibility. In these cases, specific standards, regulations, or conditions may be established.

(3)

Initiation of request. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.

(4)

Application. An application for a conditional use permit shall contain the following (Digital files should be submitted rather than paper copies whenever possible, if applicable.):

(a)

A map of the subject property to scale depicting:

All lands for which the conditional use is proposed and all other lands within 100 feet of the boundaries of the subject property.

Names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Shawano County.

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

All lot dimensions of the subject property.

A graphic scale and a North arrow.

(b)

Written description of the proposed conditional use, including the type of activities, buildings, structures, and off-street parking proposed for the subject property and their general locations.

(c)

A site plan of the subject property if proposed for development conforming to all requirements of § 10-174. If the proposed conditional use is a group or large development (per § 10-118), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided that said plat contains all information required per § 10-164.

(d)

Written justification for the proposed conditional use, including evidence that the application is consistent with the Comprehensive Plan.

(e)

For group and large development, a transportation demand management (TDM) plan meeting Wisconsin Department of Transportation requirements for content and format may be required by the City if deemed necessary by the City Engineer.

(5)

Review by Zoning Administrator.

(a)

(b)

The Zoning Administrator may coordinate review with the City's Development Review Team.

(c)

The Zoning Administrator shall review the complete application and evaluate whether the proposed conditional use:

Is in harmony with the recommendations of the Comprehensive Plan.

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

Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

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

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

(d)

The Zoning Administrator shall prepare a written report addressing the items in Subsection (5)(c)1 through 5 above, to be forwarded to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(6)

Public hearing. Within 50 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 10-168 to consider the request.

(7)

Review and recommendation by the Plan Commission.

(a)

Within 60 days after the public hearing, the Plan Commission may make a written report to the Common Council, and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (5)(c)1 through 5 above.

(b)

(8)

Review and action by Common Council.

(a)

The Common Council shall consider the recommendation of the Plan Commission regarding the proposed conditional use. The Common Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, applicant, and/or from any other source.

(b)

The Common Council may take final action (by resolution) on the application at the time of its initial meeting or may continue the proceedings at the applicant's request. The Common Council may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use.

(c)

If the Common Council wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Common Council action.

(9)

(10)

Revocation of an approved conditional use. Upon approval by the Common Council, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 10-174. Once a conditional use is granted, no erosion control permit, site plan, certificate of occupancy, or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Common Council, following the procedures outlined in Subsection (8), above.

(11)

Time limits on the development of conditional use. Unless extended as a condition of approval, the start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Common Council and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of a certificate of occupancy for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Common Council and shall be based upon a showing of acceptable justification (as determined by the Common Council). However, as a condition of approval, the 365- and/or 730-day time limits may be extended for any specific period, including no time limit, to accommodate phased or multistage development.

(12)

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

(13)

Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property; however, submittal of a plan of operation may be required prior to the change in ownership.

(14)

Modification, alteration, or expansion. Modification, alteration, or expansion of any conditional use without approval by the Common Council, shall be considered in violation of this chapter and shall be grounds for revocation of said conditional use approval per Subsection (10), above. A modification, alteration, or expansion which has been approved as part of a prior valid condition use does not require a new conditional use approval.

(15)

Recording of conditional use requirements. Except for conditional use approvals for temporary uses, a certified copy of the authorizing resolution, containing identifiable description and any specific requirements of approval, shall be recorded by the City with the Register of Deeds for the subject property.

(16)

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

(17)

Limited conditional uses: A limited conditional use is any development, activity or operation for which a conditional use permit has been approved that is limited to a specific operator or property owner, or to a specific date or event upon which the conditional use permit either expires or is required to be reviewed and reapproved. The Plan Commission may recommend, and the Common Council may designate, any proposed conditional use request as a limited conditional use. The Plan Commission shall specify which of the following characteristics are present that create the need for the limited conditional use:

(a)

A particular aspect of the specific land use.

(b)

A particular aspect of the proposed operation (including, but not limited to, operating hours).

(c)

A particular aspect of the proposed location.

(d)

A particular aspect of the proposed site design.

(e)

A particular aspect of the adjacent property or of the surrounding environs.

(f)

Any other reason(s) the Common Council deems specially relevant and material.

(18)

Successor conditional uses.

(a)

Definition. A successor conditional use is a land use which has been granted a conditional use permit by the City, which is proposed to undergo one or more of the following:

Changing from the specific use originally permitted by the conditional use to another operation of the same use. For example changing from one restaurant to another is permitted; however, changing from a restaurant to a tavern or changing from a drive-through restaurant to a drive-through bank is not permitted even though these uses are in the same broad land use category listed in § 10-58(7) and § 10-58(9), respectively.

Only a change in the ownership of the subject property.

Only a change in the ownership of the business or other operator of the land use.

Other changes explicitly identified in a currently valid conditional use permit which are identified as acceptable as a successor conditional use.

(b)

Purpose. The purpose of these provisions is to create a process which:

Verifies that the proposed change is a valid successor conditional use.

Creates a record that the proposed change is recognized by the City as a successor conditional use.

Clarifies that the same conditions of approval, development and operation continue to apply to a successor conditional use.

Reduces the costs and time needed to approve a successor conditional use.

(c)

Approval process. A successor conditional use shall not require the granting of a new conditional use permit by the City. However, prior to operation, a successor conditional use shall require the formal reaffirmation of its status as a valid successor conditional use. This required formal reaffirmation shall be issued in writing by the City Zoning Administrator, or by the designee of the City Zoning Administrator, within 10 business days of written notice to the City.

(d)

Proposed expansions are not eligible. Any physical enlargement of a previously approved conditional use in terms of buildings, structures, activity areas, and/or any expansion of the conditions of operation, beyond the limits of site plans, floor plans and conditions of operation approved through the conditional use process, shall not be eligible for treatment as a successor conditional use, and must seek an amendment to its conditional use permit through the conditional use process.

(e)

Ineligible land uses. The following land uses are not eligible for treatment as a successor conditional use, and shall require approval of a new limited conditional use permit which is specific to both the business owner and to the property owner:

Intermediate home day care (nine to 15 children) land uses in residential zoning districts.

Bed-and-breakfast land uses in residential zoning districts.

§ 10-172 Temporary use permit procedures.

(1)

Purpose. The purpose of this section is to provide regulations that govern temporary uses. All temporary uses are required to meet the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.

(2)

Review and approval by the Zoning Administrator. There is no formal application requirement or process for temporary uses. The Zoning Administrator shall determine the application requirements. However, temporary uses have the potential to create undesirable impacts on nearby properties that cannot be determined except on a case-by-case basis. In order to address unforeseen circumstances, the Zoning Administrator may require an applicant to submit materials including:

(a)

A map of the subject property to scale depicting:

All lands for which the temporary use is proposed and all other lands within 100 feet of the boundaries of the subject property.

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

All lot dimensions of the subject property.

A graphic scale and a North arrow.

(b)

A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.

(c)

A site plan of the subject property. Said site plan shall conform to any and all the requirements of § 10-174.

(d)

Additional information as may be required by the Zoning Administrator.

§ 10-173 Land use permit review and approval procedures.

(1)

Purpose. The purpose of this section is determine compliance with this chapter for any new land use, any change in land use, and any development or land-disturbing activity (e.g., structure, paving, grading) that does not require a site plan. The purpose of this section is also to determine if other procedures are needed per the requirements of this article. A land use permit may be waived if other application processes are necessary, including some instances of building permits, site plans, and conditional use permits.

(2)

Applicability. A land use permit shall be required for any of the following activities:

(a)

A change in type of use of a structure or land.

(b)

A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.

(c)

Reestablishment of a nonconforming or conditional use which has not been utilized for one year.

(d)

Commencement of mining or excavation on a parcel of land.

(e)

Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land.

(f)

Alteration of a shore, bank, or floodplain of a stream, lake, pond, or artificial body of water.

(3)

Application. Applications for a land use permit shall contain all of the following, if applicable (Digital files should be submitted rather than paper copies whenever possible, if applicable.):

(a)

Name and address of the applicant, owner of the site, architect, professional engineer and contractor.

(b)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds.

(c)

Address of the subject site.

(d)

Type of structure.

(e)

Existing and proposed operation or use of the structure or site.

(f)

Number of employees.

(g)

Zoning district within which the subject site lies.

(h)

Additional information as may be required by the City Engineer or Zoning Administrator.

(4)

Review and action by Zoning Administrator. The Zoning Administrator shall determine the land use permit application requirements. A land use permit shall be granted or denied by the Zoning Administrator in writing within 30 days of the application, and the applicant shall post such permit in a conspicuous place at the site. Any permit issued in conflict with the provisions of the chapter shall be null and void.

(5)

Time limits on land use permits. The work must begin within one year of approval and be completed within two years. Time limits for conditional use permits and variances may be established at the time of approval. All other permits shall meet the time lines required at the time of issuance as listed elsewhere in this chapter.

§ 10-174 Site plan review and approval procedures.

(1)

Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that proposed land uses and development activity comply with the requirements of this chapter.

(2)

Applicability. Site plan review and approval shall be required for changes to site characteristics in Subsections (4)(c) through (i) including redevelopment, expansion, and new development under 50,000 square feet and three to 10 unit residential development, except for the following:

(a)

Group and large developments.

(b)

Residential accessory buildings, decks, and landscape features.

(c)

Fences.

(d)

Uses within a specific implementation plan in a planned development in accordance with the procedures of Article X, provided that the specific implementation plan provides a similar level of detail and range of plans as a typical site plan submittal required under this chapter.

(3)

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

(4)

Application. A site plan application may be considered complete if it contains all of the following, unless specific application requirements are waived in writing by the Zoning Administrator. Maps depicting the following information shall be prepared (Digital files should be submitted rather than paper copies whenever possible, if applicable.):

(a)

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

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

Existing and proposed land uses.

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

Proposed number of dwelling units and density.

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

Demonstration of compliance with the City's land dedication requirements per Chapter 18, Subdivision and Platting, of the Municipal Code.

Demonstration of consistency with the Comprehensive Plan.

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

Fencing materials (§ 10-108).

10.

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

(b)

A small location map showing the subject property and illustrating its relationship to the nearest street intersection.

(c)

Predevelopment site information.

Legal description of the subject property.

Existing property lines and setback lines.

Existing structures and paved areas.

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

Existing easements and utilities.

Existing and proposed topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than 2% where one-foot contours shall be shown.

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

(d)

Proposed post-development site information.

Property lines and setback lines.

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

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

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

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

Location of all proposed parking and traffic circulation areas.

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

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

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

10.

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

11.

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

12.

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

13.

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

14.

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

(e)

Detailed landscaping plan. If required, a landscape plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in Article VIII.

(f)

Grading and erosion control plan. Depicting existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the City Engineer.

(g)

Elevation drawings.

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

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

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

(h)

Photometric plan.

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

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

(i)

Operational plan.

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

Procedures for snow removal, except for single- and two-family residential.

(5)

Review and approval.

(a)

The Zoning Administrator shall determine whether the site plan application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant and inform him or her of all deficiencies.

(b)

The Zoning Administrator shall coordinate review with the City's Development Review Team.

(c)

The Zoning Administrator shall review and approve or deny the site plan.

§ 10-175 Downtown Mixed Use design review.

(1)

Purpose and scope. The design standards of the Downtown Mixed Use Zoning District are intended to preserve and enhance the aesthetic qualities (historical and visual) of the community and attain a consistent visually pleasing image for the downtown. This district is designed to forward both aesthetic and economic objectives of the City by controlling the site design and appearance of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure the long-term progress and broad participation toward these principles.

(2)

Definitions. As used in this section, the following terms shall have the meanings indicated.

CORNICE

The topmost projecting portion of the entablature, or top portion of a building. This term also refers to any "crowning" projection of a building.

HEADER

A brick laid so that the end only appears on the face of the wall, as opposed to a stretcher, which is a brick laid so that the side only appears.

KICKPLATE

A horizontal area on the facade of a building located between the sidewalk/entrance pavement and the lowest storefront windows.

SIGN BAND

A horizontal area on the facade of a building located between the transom and the cornice which is typically opaque and provides a location for signage indicating the name of the establishment.

SILL

A horizontal, lower member or bottom of a door or window casing.

TRANSOM

A horizontal bar of stone, wood or glass across the opening of a door or window.

(3)

Procedure for project review and approval. There are three categories of review: renovation review, design review, and project review. See Figure 10-175 for a summary of the processes.

(a)

Renovation review. Applications which involve only a renovation of the exterior appearance of a property (such as repainting, reroofing, re-siding or replacing with identical colors, finishes, and materials), as determined by the Zoning Administrator, are considered a renovation review and may proceed with the project; no additional processes are required.

(b)

Design review. Applications which involve a change only in the appearance of a nonresidential property (such as painting, roofing, siding, architectural component substitution, fencing, paving, or signage), are considered design review and are subject to review and approval by the Zoning Administrator.

Procedure. Design review proposals shall follow the procedures for site plan review; refer to § 10-174.

Application requirements. In addition to the application requirements for site plan review, all applications for design review shall be made to the Zoning Administrator and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following, unless specifically waived in writing by the Zoning Administrator:

A clear depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components, such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City.

A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City.

A written description of the proposed modification, including a complete listing of proposed components, materials, and colors.

Written justification for the proposed alteration consisting of the reasons why the applicant believes the requested alteration is in harmony with the standards of the Downtown Mixed Use Zoning District, § 10-37(8).

(c)

Project review. Applications which involve modification to the physical configuration of a property (such as the erection of a new building, the demolition of an existing building, or the addition or removal of bulk to an existing building) are subject to project review by the Zoning Administrator and the Plan Commission. The Zoning Administrator shall serve as the liaison between the applicant and the Plan Commission in facilitating the thorough and expedient review of an application, and shall ensure that the technical and procedural requirements of the Zoning Ordinance are met. The Plan Commission shall serve as the final discretionary review body on aesthetics and site design, and shall focus its review on the application's compliance with sound aesthetic, land use, site design and economic revitalization practices. In part, this effort shall be guided by the Comprehensive Plan.

Procedure. Project review proposals shall follow procedures for conditional use permits; refer to § 10-171.

Application requirements. In addition to the application requirements for conditional use permits, all applications for project review shall be made to the Zoning Administrator and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following, unless specifically waived in writing by the Zoning Administrator:

For all projects involving a new building, or an addition exceeding 100 square feet of gross floor area, a detailed site plan which provides the following information:

A title block indicating name and address of the current property owner, developer and project consultants.

ii.

The date of the original plan and the latest date of revision to the plan.

iii.

A North arrow and a graphic scale. Said scale shall not be smaller than one inch equals 100 feet.

iv.

All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled.

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

vi.

All existing and proposed buildings, structures, and paved areas, including walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls.

vii.

All required building setback lines.

viii.

A legal description of the subject property.

ix.

The location, type and size of all signage on the site.

The location, type and orientation of all exterior lighting on the subject property.

xi.

The location of all access points, parking and loading areas on the subject property, including a summary of the number of parking stalls and labels indicating the dimension of such areas.

xii.

The location of all outdoor storage areas.

xiii.

The location and type of any protected green space areas.

xiv.

The location of existing and proposed drainage facilities.

xv.

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

A detailed landscaping plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in Article VIII.

A written description of the proposed project, including a complete listing of proposed components, materials, and colors.

(4)

Additional recommendations permitted under the design review process.

(a)

The Zoning Administrator is hereby authorized to make recommendations for a proposed application for renovation review, design review, or project review.

(b)

The Plan Commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for site design aspects for project review.

(5)

Appeals. Appeals from the decisions of the Zoning Administrator may be made per the provisions of the Municipal Code and state statutes.

(6)

Penalty. Penalty for violation of the provisions of this section shall be per the provisions of § 10-181.

(7)

Process for proposal review.

Figure 10-175 Process for Proposal Review within the Downtown Mixed Use Zoning District
Procedure		Type of Proposal
Procedure		Renovation¹	Design²	Project³
1.	Meeting with Zoning Administrator to confirm type of proposal	Yes	Yes	Yes
2.	Submit site plan application	No	Yes	No
3.	Submit conditional use permit application	No	No	Yes
4.	Review and action by Zoning Administrator	No	Yes	Yes
5.	Review and action by Plan Commission	No	No	Yes

KEY:

Yes: Step is required.

No: Step is not required.

NOTES:
¹	Only a replacement to or maintenance of the exterior of a property.
²	Only a change in the appearance of a property.
³	Modification to the physical configuration of a property.

§ 10-176 Variances.

(1)

Purpose. The purpose of this section is to provide regulations which enable the City to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done; as provided for by § 62.23(7)(e)(7), Wis. Stats.

(2)

Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) or their authorized agent of the subject property.

(3)

Application. Variance applications shall contain the following (Digital files should be submitted rather than paper copies whenever possible, if applicable.):

(a)

A map of the subject property depicting:

All lands for which the variance is proposed and all other lands within 100 feet of the boundaries of the subject property.

Names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Shawano County.

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

All lot dimensions of the subject property.

A graphic scale and a North arrow.

(b)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 10-174.

(c)

Written description of the proposed variance, including evidence that the application is consistent with the Comprehensive Plan.

(4)

Review by the Zoning Administrator.

(a)

(b)

The Zoning Administrator shall review the application and prepare a written report including the following:

Evaluate whether the request is in harmony with the recommendations of the Comprehensive Plan.

Evaluate the request based upon the criteria used by the Zoning Board of Appeals in its review.

(5)

Public hearing. Within 30 days of filing of a complete application, the Zoning Board of Appeals shall hold a public hearing in compliance with § 10-168 to consider the request.

(6)

Review and action by the Zoning Board of Appeals.

(a)

Within 30 days after the holding of the public hearing, the Zoning Board of Appeals shall make its findings per the following based on § 62.23(7)(e)7, Wis. Stats.:

The variance will not be contrary to the public interest.

Substantial justice will be done by granting the variance.

The variance is needed so that the spirit of the ordinance is observed.

Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship.

The variance will not allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

(b)

The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time-to-time for further consideration.

(c)

If the Zoning Board of Appeals fails to make a determination within 30 days after said public hearing, then the request for the variance shall be considered denied.

(7)

Effect of denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

(8)

Limited effect of a variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted, and shall not be construed as precedent for any other proposed variance.

(9)

Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this chapter from which the applicant is requesting a variance, unless the Zoning Administrator certifies to the Zoning Board of Appeals after the request for the variance has been filed, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals, or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown. State Law Reference: § 62.23(7)(e)5, Wis. Stats.

§ 10-177 Planned developments.

(1)

Purpose. The purpose of this section is to provide regulations which govern the procedures for the review and approval, or denial, of proposed planned developments.

(2)

Initiation of request. Proceedings for approval of a planned development may be initiated by any of the following:

(a)

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

(b)

A recommendation of the Plan Commission to the Common Council; or

(c)

By action of the Common Council.

(3)

Procedure for planned development approval. The procedure for zoning to a Planned Development (PD) District shall follow the Zoning Map amendment procedure included in § 10-170, except that the planned development procedure shall be subject to the following additional requirements.

(a)

Preapplication conference. Prior to formal petition for zoning to a PD District, the applicant shall confer with appropriate City staff in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the requirements for processing. Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the City, but should be considered as the informal, nonbinding basis for proceeding to the next step.

(b)

Optional concept plan review. Upon completion of the preapplication conference, described above, the applicant may decide to prepare an optional conceptual plan for review by the Plan Commission.

At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the concept plan. Appropriate topics for discussion may include any of the information provided in the concept plan, or other items as determined by the Plan Commission. Points of discussion and conclusions reached at this stage of the process shall be in no way be binding upon the applicant or the City, but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal application for rezoning, which accompanies the general development plan application. [see Subsection (3)(c), below.]

The concept plan submittal shall include the following items (Digital files should be submitted rather than paper copies whenever possible.):

A location map of the subject property and its vicinity.

A general written description of the proposed PD, including:

General project themes and images.

ii.

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

iii.

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

iv.

General treatment of natural features.

Relationship to nearby properties and public streets.

vi.

Relationship of the project to the Comprehensive Plan.

vii.

Description of potentially requested exceptions from the requirements of this chapter. The purpose of this information shall be to provide the Plan Commission with information necessary to determine the relative merits of the project with respect to private versus public benefit, and to evaluate the potential adverse impacts created by making exceptions to standard zoning district requirements.

A conceptual drawing of the site plan layout, including the general locations of public streets and/or private drives.

The Plan Commission shall accept the concept plan and inform the applicant to move on to the next step in the PD process, general development plan.

(c)

General development plan review. Upon acceptance of the concept plan by the Plan Commission, the applicant shall submit a general development plan (GDP) to the Zoning Administrator for determination of completeness. Upon determination of completeness by the Zoning Administrator, the GDP may be placed on the Plan Commission agenda for review. The GDP establishes the zoning for the property.

The GDP submittal shall include the following items (Digital files should be submitted rather than paper copies whenever possible.):

General location map of the subject site depicting:

All lands for which the planned development is proposed and all other lands within 100 feet of the boundaries of the subject site.

ii.

Names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds.

iii.

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

iv.

A graphic scale and a North arrow.

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

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

ii.

Basic street pattern.

iii.

General site grading plan showing preliminary road grades.

iv.

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

Preliminary sanitary sewer and water system layout.

vi.

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

Statistical data, including:

Minimum lot sizes in the development.

ii.

Approximate areas of all lots.

iii.

Density/intensity of various parts of the development.

iv.

Building coverage.

Landscaping surface area ratio of all land uses.

vi.

Expected staging.

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

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

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

A written description of the proposed planned development, including:

General project themes and images.

ii.

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

iii.

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

iv.

General treatment of natural features.

General relationship to nearby properties and public streets.

vi.

General relationship of the project to the Comprehensive Plan.

vii.

Proposed exceptions from the requirements of this chapter.

A transportation demand management (TDM) plan meeting Wisconsin Department of Transportation requirements for content and format may be required by the City if deemed necessary by the City Engineer.

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

The process for review and approval of the GDP shall be identical to that for Zoning Map amendments per § 10-170.

All portions of an approved GDP not initiated through granting of a building permit within 10 years of final Common Council approval shall expire and no additional planned-development-based activity shall be permitted. The Common Council may allow multiple extensions via a majority vote following a public hearing. Completed portions of the GDP shall retain the GDP status.

Within 12 months of GDP approval the applicant shall submit a specific implementation plan.

(d)

Specific implementation plan. Upon completion of the GDP review process, described above, the applicant shall submit a specific implementation plan (SIP) to the Zoning Administrator for determination of completeness. Upon determination of completeness by the Zoning Administrator, the SIP may be placed on the Plan Commission agenda for SIP review.

The SIP submittal shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP. (Digital files should be submitted rather than paper copies whenever possible.)

An existing conditions map of the subject site depicting the following:

All lands for which the planned development is proposed and all other lands within 100 feet of the boundaries of the subject site.

ii.

Names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds.

iii.

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

iv.

Existing utilities and recorded easements.

All lot dimensions of the subject site.

vi.

A graphic scale and a North arrow.

An SIP map of the proposed site showing at least the following:

Lot layout and the arrangements of buildings.

ii.

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

iii.

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

Proposed grading plan.

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

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

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

Signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles), and group development signage themes that are proposed to vary from City standards or common practices.

Specific written description of the proposed SIP including:

Specific project themes and images.

ii.

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

iii.

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

iv.

Specific treatment of natural features, including parkland.

Specific relationship to nearby properties and public streets.

vi.

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

vii.

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

viii.

A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions would occur. The applicant may also provide a list of zoning standards that would be more than met by the proposed PD and the location(s) of such occurrences.

ix.

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

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

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

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

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

The process for review and approval of the SIP shall be identical to that for site plans per § 10-174.

All portions of an approved SIP not fully developed within 10 years of final Common Council approval shall expire, and no additional planned-development-based activity shall be permitted. The Common Council may allow multiple extensions via a majority vote following a public hearing. Completed portions of the SIP shall retain the SIP status.

(e)

Criteria for approval: In its review and action an application for a planned development district, the Plan Commission and, subsequently, the Common Council shall make findings with respect to the following criteria:

The proposed Planned Development project is consistent with the overall purpose and intent of this chapter.

The proposed planned development project is consistent with the City's Comprehensive Plan. (It is the responsibility of the City to determine such consistency.)

The proposed planned development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site.

Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the planned development project, including but not limited to public sewer and water and public roads.

The proposed planned development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities.

The proposed planned development project design does not detract from areas of natural beauty surrounding the site.

The proposed architecture and character of the proposed planned development project is compatible with adjacent/nearby development.

The proposed planned development project will positively contribute to the physical appearance and functional arrangement of development in the area.

The proposed planned development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions or variation of any normal standard of this chapter.

10.

For planned development projects that are proposed to be developed in phases, the applicant can provide a clear time line for development and can demonstrate that the project would be successful even if all phases were not or could not be completed.

(f)

Changes or alterations. Any change of the PD plans subsequent to approval of the PD-SIP shall be submitted to the Zoning Administrator. If the Zoning Administrator determines that the change constitutes a substantial modification, the developer will be required to amend the PD-SIP, and if necessary, the PD-GDP, following the procedures set forth in this section for review and approvals. If, in the opinion of the Zoning Administrator, such changes do not constitute a substantial alteration of either the GDP or SIP, the change may be accomplished by approval of the Zoning Administrator. Such approved changes or modifications shall be documented and recorded in the official file of the City on the PD.

§ 10-178 Interpretations.

(1)

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

(2)

Initiation of request for an interpretation. Proceedings for an interpretation may be initiated by any of the following four methods: an application of the owner(s) of the subject property; a recommendation of the Plan Commission to the Common Council; by action of the Common Council; or by request of the Zoning Administrator.

(3)

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

(a)

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

(b)

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

A map of the subject property depicting:

All lands for which the interpretation is requested and all other lands within 100 feet of the boundaries of the subject property.

Names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Shawano County.

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

All lot dimensions of the subject property.

A graphic scale and a North arrow.

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

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 10-174.

(c)

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

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

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

(4)

Review by Zoning Administrator.

(a)

(b)

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed interpretation provided in the application to determine whether the requested variance is in harmony with the recommendations of City's Comprehensive Plan.

(c)

The Zoning Administrator shall forward a report to the applicant indicating the interpretation of the Zoning Administrator. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(5)

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Common Council on an application for an amendment to the Zoning Ordinance, the Official Zoning Map, or a previously applied for appeal from a requested interpretation.

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

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

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

If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to § 10-171.

(6)

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

(7)

Limitations on favorable land use interpretation.

(a)

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

(b)

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

§ 10-179 Appeals of zoning interpretations.

(1)

Purpose. The purpose of this section is to provide regulations which enable the City to hear and decide requests for appeals from the interpretations of the Zoning Administrator per § 10-178 as provided for by § 62.23(7)(e)7, Wis. Stats.

(2)

Initiation of request for appeal. Proceedings for the review of an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator.

(3)

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

(4)

Time limit for filing an appeal. Any appeal under the provisions of this section shall be made per the requirements of Subsection (5), below, within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal said interpretation.

(5)

Application requirements. An application of an appeal of a zoning interpretation shall contain the following (Digital files should be submitted rather than paper copies whenever possible.):

(a)

A copy of pertinent items in the file on the matter at hand as identified by the Zoning Administrator and/or the applicant.

(b)

A written statement from the applicant indicating the reasons why an appeal is justified. This statement shall be dated and signed by the applicant.

(6)

Review by the Zoning Administrator.

(a)

(b)

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the requested appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the request is in harmony with the recommendations of the Comprehensive Plan.

(c)

The Zoning Administrator shall forward a report to the Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

(7)

Public hearing. Within 45 days of filing of a complete application, the Zoning Board of Appeals shall hold a public hearing in compliance with § 10-168 to consider the request.

(8)

Review and action by the Zoning Board of Appeals.

(a)

Within 60 days after the filing of the complete application, the Zoning Board of Appeals shall make its findings. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at the applicant's request. Said final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.

(b)

If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied.

(9)

Effects of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

(10)

Limited effect on a favorable ruling on an appeal.

(a)

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

(b)

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

§ 10-180 Process to establish Campus Development Zoning.

(1)

The following shall govern the procedure and requirements for the review and approval, or denial, of proposed campus developments. The Campus Development Zoning District is intended to recognize the presence and importance of large-scale governmental, office, educational, medical, and research and development facilities in the City, to facilitate their development, and to coordinate their futures with those of their neighbors and the community as a whole. The Common Council's approval of the requested Campus Master Plan (CMP) or Campus Development Zoning District shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed CMP or Campus Development Zoning District. The procedure to rezone to a Campus Development District shall follow the Zoning Map amendment procedure included in § 10-170, except that the Campus Development District procedure shall be subject to the following additional requirements.

(a)

Step 1: Campus Master Plan preparation.

The applicant shall prepare a draft Campus Master Plan (CMP) based on the requirements in Subsection (5) below.

(b)

Step 2: Zoning Administrator and Development Review Team Review.

The applicant shall provide the Zoning Administrator with a draft CMP for a determination of completeness prior to placing the proposed campus on the Plan Commission agenda for review.

The Zoning Administrator shall notify the applicant of the determination of completeness within five business days of receiving it.

The Zoning Administrator shall coordinate review with the City's Development Review Team (DRT). The DRT may make a recommendation to the Plan Commission.

Following his/her review, the Zoning Administrator shall publish a Class 2 notice for a public hearing and place the item on an upcoming Plan Commission agenda.

(c)

Step 3: Plan Commission review.

The Plan Commission shall review the draft CMP and make a recommendation to the Common Council within 60 days after referral to the Commission. This deadline may be extended as requested by the applicant.

The Plan Commission shall follow the Zoning Map amendment procedure per § 10-170.

The Plan Commission may specify other plans, documents, or information that must be submitted prior to consideration or approval of the CMP, as such may be relevant to review.

(d)

Step 4: Common Council review and action.

The Common Council shall follow the Zoning Map amendment procedure per § 10-170.

The Common Council shall take action on the CMP and rezoning to the Campus Development Zoning District within 60 days of Plan Commission recommendation. This deadline may be extended as requested by the applicant.

(2)

After CMP adoption: Campus Master Plan implementation.

(a)

Following Common Council approval of the CMP and rezoning to the Campus Development Zoning District, the implementation process will vary based on the particular land use.

Minor site work and signage consistent with the CMP: staff-level review and approval following the requirements for site plan approval per § 10-174.

Permitted land uses consistent with the CMP: staff-level review and approval following the requirements for site plan approval per § 10-174.

Conditional land uses: following the requirements for conditional uses per § 10-171.

(b)

Campus Master Plan update: CMPs shall be updated every five years following the steps for approval of the original plan as outlined in this section. If there is no change to the plan after five years, the plan update may be approved by the Plan Commission without holding a public hearing.

(c)

A Campus Master Plan may be amended at any time following the procedures set forth in the approval of the original plan as outlined in this section.

(3)

Development in the absence or expiration of a Campus Master Plan: In the absence of an approved CMP, or within an expired CMP, any development within the Campus Development Zoning District shall be regulated as a conditional use.

(4)

In addition to the notification requirements for a conditional use permit, all property owners within the Campus Development Zoning District shall be notified of a conditional use permit application within the same district.

(5)

Campus Master Plan requirements.

(a)

Property owners within the Campus Development Zoning District may produce a CMP, and apply for its review and consideration by the City. CMPs approved by the City are intended to establish the fully legal zoning status of existing development and land uses and to simplify the review of new development and land uses within a campus. The required components of a CMP shall include (Digital files should be submitted rather than paper copies whenever possible.):

A campus existing conditions and proposed plan graphic which shall be provided in hard copy and digital format and include the following:

A common measureable scale. Said scale shall be provided as a bar scale on the face of the graphic.

Boundary of the campus, clearly divided into a central campus area and a peripheral campus area. The boundary between the central campus area and the peripheral campus area may vary from parcel lines.

Existing structures, paved areas, stormwater management facilities, rights-of-way, and other significant exterior development features identified by the City depicted on a map and identified in a numbered key. A clearly labeled and latest available air photo may be used to meet this requirement.

Proposed structures and permitted and conditional uses per § 10-44, paved areas, stormwater management facilities, rights-of-way, and other significant exterior development features identified by the City depicted on the map and identified in a numbered key.

A campus existing development inventory, in tabular format, which shall provide the following details about the existing development depicted on the campus existing conditions graphic:

Index number for each structure and facility depicted on the graphic.

Name of each structure and facility.

Footprint area for each structure.

Gross floor area for each structure.

Surface area for each facility.

Listing of land uses (based on § 10-44) for each structure and facility.

Parking space count for each parking lot and on-street parking area.

Capacity for each stormwater basin.

Maximum height and number of floors for each structure.

Setbacks of each structure and paved area from property lines which do not meet the setback requirements of the current zoning district.

Other existing conditions identified by the City specific to each campus.

Campus plan development inventory, in tabular format, which shall provide the following details about the proposed development depicted on the campus plan graphic, in addition to the details of existing development proposed to remain:

Details set forth in Subsection (5)(a)2a through k, above, for all existing development proposed to remain.

Details set forth in Subsection (5)(a)2a through k, above, for all proposed development.

An evaluation of the surplus or deficit of parking spaces for each proposed structure or facility, and for the campus as a whole.

An evaluation of the surplus or deficit of stormwater management facilities for each proposed structure or facility, and for the campus as a whole.

A transportation demand management (TDM) plan meeting Wisconsin Department of Transportation requirements for content and format may be required by the City if deemed necessary by the City Engineer.

Parking requirements for existing, modified, expanded and new land uses and facilities may be reduced below those required in § 10-104 if the Campus Master Plan contains an optional master parking study with an approved campus parking ratio. The master parking study shall include the following:

A complete inventory of off-street and on-street parking spaces within the campus;

Documentation of the number and location of typical unused on-street and off-street parking spaces at the time of maximum daily peak parking demand; and

The current ratio of such peak parking demand in the campus existing conditions graphic to:

The number of employees at same time; and

ii.

Gross floor area for current development; or

iii.

Method of establishing a measureable, accurate and reasonable ratio as approved by the City.

Identification of a required ratio of peak parking demand for future development in the campus plan graphic.

Any significant land use changes within the campus may require an updated master parking study as determined by the City.

Exterior signage for existing, modified, expanded, and new land uses and facilities may be increased in number, area, and/or configuration above those permitted in Article IX if the Campus Master Plan contains an optional master signage plan with approved alternative campus signage regulations. The master signage plan shall include:

A complete inventory of all existing and proposed exterior signage within the campus. All existing exterior signage shall be designated legal conforming.

Signage rules specific to the campus which regulate:

The maximum number of freestanding signs permitted for each building or parcel within the campus.

ii.

The maximum area of freestanding signs used within the campus in relation to a specific street frontage ratio and the absolute maximum sign area, height limits and location requirements for individual freestanding signs.

iii.

The maximum number of on-building signs permitted for each building within the campus.

iv.

The maximum area of on-building signs used within the campus in relation to a specific building wall length ratio and the absolute maximum area limit and location requirements for individual on-building signs.

Area, height and location of pedestrian-scale directional signage within the campus.

vi.

Area, height and location of driver-oriented directional signage within the campus.

vii.

Area, height and location of primary campus identification signs within the campus, as well as specified approved locations for each sign.

The Zoning Administrator may approve minor changes to the master signage plan.

Changes to the sign message and/or appearance which do not alter the size of an exterior sign are permitted by right.

A conceptual landscaping plan for the campus existing conditions graphic and campus plan graphic depicting:

Location and number of existing landscaping features.

General location and type of proposed landscaping features.

Buffer yards as required in Article VIII.

Other requirements specific to the campus as deemed appropriate by the City.

(6)

Noise and vibration standards shall be established by the CMP, or, in the absence of a CMP, by the most comparable zoning district as identified by the City.

§ 10-181 Violations and penalties.

(1)

Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity, or construct or use any structure, land or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse or fail to comply with this chapter's requirements.

(2)

Penalties. See Section 20.04 of the City of Shawano Code of Ordinances.

(3)

Promulgated correction of violation. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the City reserves and maintains the continued right to abate violations of this chapter. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred.

§ 10-182 Fees.

Fees for procedures and permits established by this chapter shall be determined by the current City fee schedule.

Shawano City Zoning Code

ARTICLE X

Administration and Procedures

§ 10-160 Purpose.

§ 10-161 Exempt activities.

The following activities do not require review or approval by the City under this chapter.

(1)

Single-family and two-family residential uses on individual lots in any zoning district (compliance with this chapter determined as part of building permit issuance).

(2)

Residential accessory buildings (compliance with this chapter determined as part of building permit issuance).

(3)

A change in use of land or structure from one permitted use to another permitted use involving no physical site changes.

(4)

Official public information street graphics installed by or at the direction of a governmental unit.

(5)

The maintenance or improvement of a public road or railroad track not involving substantial engineering redesign if the work is carried out on land within the boundaries of the right-of-way.

(6)

§ 10-162 Zoning Administrator.

(1)

(2)

(3)

Serve as an ex officio nonvoting member of the Plan Commission and the Zoning Board of Appeals.

(4)

Issue land use permits and certificates of occupancy when the requirements of this chapter have been met, and make and maintain records thereof.

(5)

Along with any authorized agent, issue citations for the enforcement of this chapter and nuisances under Chapter 11 of the Municipal Code.

(6)

Coordinate official development review processes among government offices to the extent feasible.

(7)

Conduct inspections to determine compliance with the terms of this chapter and take remedial action when required.

(8)

Make interpretations regarding the provisions of this chapter per § 10-178.

(9)

§ 10-163 Development Review Team.

(1)

(2)

(3)

See Figure 10-167 for a summary of the Development Review Team's role in administering this chapter.[1]

[1]

Editor's Note: Figure 10-167 is included at the end of § 10-167.

§ 10-164 Plan Commission.

(1)

(2)

(3)

§ 10-165 Common Council.

§ 10-166 Zoning Board of Appeals.

A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in the enforcement of this chapter.

(1)

(2)

(3)

Powers. The Board of Appeals shall have the following powers:

(a)

(b)

To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass.

(c)

(d)

To attach conditions of approval to any action described under this section, in furtherance of the general purpose and intent of this chapter.

(e)

(f)

(4)

§ 10-167 Review and approval required.

Review procedures vary depending on the type of request; however, procedures within this article generally adhere to three common elements:

(1)

Submittal of a complete application, including fee payment and appropriate supplemental information.

(2)

Review by appropriate City staff and/or officials.

(3)

Action by appropriate City officials or staff to approve, conditionally approve, or deny the request.

(4)

Figure 10-167 Review and Approval Activities and Bodies
Application Process	City Staff	Develop-ment Review Team	Plan Com-mission	Common Council	Zoning Board of Appeals
Zoning Ordinance amendment (§ 10-169)	RE	RE	PH, RR	RE, A
Zoning Map amendment (§ 10-170)	RE	RE	PH, RR	RE, A
Conditional use permit (§ 10-171)	RE	RE	PH, RR	RE, A
Temporary use permit (§ 10-172)	RE, IP
Land use permit (§ 10-173)	RE, IP
Site plan (§ 10-174) (3 to 10 units residential/nonresidential; under 50,000 square feet)	RE, A	RE
Downtown mixed use design review	See § 10-175.
Group and large development (§ 10-118): regulated as conditional use (11 to 20 or more units residential/nonresidential; 50,000 square feet and over)	RE	RE	PH, RR	RE, A
Planned development (§ 10-177)	RE	RE	PH, RR	RE, A
Sign permit (§ 10-149)	RE, IP
Interpretation (§ 10-178)	RE, A
Variance (§ 10-176)	RE				RE, PH, A
Appeal (§ 10-179)	RE				RE, PH, A
Violations and penalties (§ 10-181)	RE, A
Building permit	See Chapter 12 of the Municipal Code.