Sherwood Village City Zoning Code
ARTICLE XVII
Zoning Administration and Enforcement
§ 22-103 Organization.
The administration of this chapter is hereby vested in the following three offices of the Village of Sherwood government:
A.
Plan Commission (see § 22-104).
B.
Zoning Administrator (see § 22-105).
C.
Board of Appeals (see § 22-106).
§ 22-104 Plan Commission.
A.
Composition and appointment. The Plan Commission referred to in this section and elsewhere in this chapter shall be composed and appointed as provided for in § 62.23(1), Wis. Stats., and as further provided for in any Village ordinance implementing said statute.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
B.
Compliance with Open Meeting Law. All meetings and hearings of the Commission shall be conducted in accordance with §§ 19.81 through 19.98, Wis. Stats., the Open Meeting Law.
C.
Duties.
(1)
The primary duties of the Commission with respect to this chapter shall be to carry out § 62.23(2), Wis. Stats., regarding the making and maintaining of a master plan for the physical development of the municipality, and to also be cognizant of such plans as may be adopted by adjacent municipalities, the county, or the regional planning agency referred to in § 66.0309, Wis. Stats., so as to make its recommendations and conduct its administration of this chapter pursuant to § 62.23(3), Wis. Stats., in accordance with said Village Plan and with such of the other plans as the Commission shall endorse.
(2)
Additional duties of the Commission shall be to:
(a)
Hold informational or public hearings as assigned to the Commission by this chapter.
(b)
Supervise the office of the Zoning Administrator in the administration of this chapter.
D.
Powers. The Plan Commission shall have the power to:
(1)
Enter upon any lands and make inspections thereof, in the performance of Commission duties, as provided for in § 62.23(4), Wis. Stats.
(2)
Recommend to the Village Board amendments to this chapter, either as petitioned by owners of land or their agents (with or without modifications or conditions as the Commission shall deem appropriate) or as petitioned by the Commission itself.
(3)
Grant or deny without Village Board approval conditional use permits as set forth in § 22-110, Conditional uses.
(4)
Review, negotiate, and approve without Village Board approval applications for zoning permits where the district regulations require Commission action as set forth in § 22-111, Building, site and operational plans.
(5)
Suspend or revoke any zoning or conditional use permit as approved by the Commission where the Commission finds noncompliance with the permit, or to delegate said authority to the Zoning Administrator.
§ 22-105 Zoning Administrator.
A.
There is hereby created the office of Zoning Administrator for the Village of Sherwood as the administrative and enforcement officer for the provisions of this chapter.
B.
Building Inspector designated. The Zoning Administrator may assign duties to the Building Inspector under the general policy direction of the Village Board.
C.
Duties. It shall be the duty of the Zoning Administrator to administer, supervise and enforce the provisions of this chapter and to:
(1)
Record all permits issued, inspections made, work approved and other official actions.
(2)
Inspect all structures, lands and waters as often as is necessary to assure compliance with this chapter.
(3)
Investigate all complaints made relating to the location of structures and the use of structures, lands and waters.
(4)
Give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises.
(5)
Report uncorrected violations to the Village Attorney and assist him in the prosecution of said ordinance violations.
(6)
Prepare agendas for the Plan Commission and Board of Appeals, including processing of applications for action by those bodies.
D.
Powers. The Zoning Administrator shall have all the powers necessary to enforce the provisions of this chapter, including, without limitation by reason of enumeration, the following:
(1)
To issue zoning permits and occupancy permits upon application for the erection or use of a structure, land or water where such erection or use complies with all of the provisions of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(2)
To permit temporary events for periods not to exceed 10 days for specific purposes such as temporary carnivals, sports activities over public ways, church bazaars, charity fund-raisers, and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that said use or operation and any incidental temporary structures or tents are in conformance with all other ordinances and codes of the Village.
(3)
To enter premises, public or private, at any reasonable time for any proper purpose to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats., except in case of emergency.
(4)
To revoke any zoning permit or occupancy permit upon reasonable cause or question as to proper compliance and to issue a cease and desist order requiring the cessation of any building moving or alteration which is in violation of this chapter, such revocation to be effective until reinstated by himself or the Board of Appeals.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(5)
To commence any legal proceedings in the name of the Village and with the authorization of the Village Board necessary to enforce the provisions of this chapter.
(6)
To recommend to the Plan Commission any additional use regulations the Zoning Administrator shall deem necessary to make the operation of this chapter more effective.
§ 22-106 Board of Appeals.
A.
Establishment and purpose. There is hereby established a Board of Appeals for the Village of Sherwood as authorized by § 62.23(7)(e), Wis. Stats., for the purpose of hearing appeals from any person aggrieved or from any officer, department, board or commission of the Village affected by a decision of the Zoning Administrator or Plan Commission, provided that said appeal is taken within a reasonable time, as provided by the rules of said Board of Appeals. Said Board may also decide special exceptions, other than conditional uses, or grant special condition variances from the terms of this chapter.
B.
Membership.
(1)
Size, appointment, and removal. The Board of Appeals shall consist of five members appointed by the Village President and approved by the Village Board. The Village President shall make his nominations at least one month prior to their appointment, or within one month of vacancies. Members may be removed by the Village President for cause upon written charges and after public hearing. Cause may include excessive absenteeism.
(2)
Terms of office shall be for staggered three-year periods, beginning May 1 of each year.
(3)
Eligibility. Members of the Board shall reside within the Village.
(4)
Chairperson. The Village President shall designate one of the members as Chairperson annually.
(5)
Two alternate members shall be appointed by the Village President for a term of three years each, designating one as first alternate and the other as second alternate. The first alternate shall act only when a regular member is absent or refuses to vote because of personal interest in a matter to be decided. 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 provisions of Subsection B(1) above with regard to removal and the filling of vacancies shall apply to such alternates.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(6)
The Zoning Administrator shall attend all meetings for the purpose of providing technical and secretarial assistance as requested by the Board.
(7)
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within five days of receiving notice of their appointment or before their first Board meeting.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(8)
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
C.
Operation.
(1)
Rules. The Board of Appeals shall adopt rules for the conduct of its business, which rules shall be in accordance with the provisions of this chapter and the Wisconsin Statutes. Such rules of operation shall require approval by a majority of the Board.
(2)
Meetings shall be held at the call of the Chairperson or at such other times as determined by the Board's rules and shall be open to the public within the provisions of the Wisconsin open meeting statutes, Chapter 19, Subchapter V.
(3)
Minutes of the proceedings and record of all actions shall be kept by the Board, showing the vote or the absence or abstention of each member upon each question, the reasons for the Board's determination, and its findings of facts. These records shall be immediately filed in the office of the Board and shall be a public record.
(4)
Voting. The concurring vote of four members of the Board shall be necessary for all of its actions other than setting its rules of operation. Such votes and discussions between members shall comply with the Open Meeting Law (§ 19.82 et seq., Wis. Stats.).
D.
Powers.
(1)
The Board of Appeals shall have the following powers:
(a)
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator or by the Plan Commission.
(b)
Variances. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this chapter are observed.
(c)
Substitutions of conforming uses. To hear and grant applications for substitution of the same or more restrictive nonconforming uses for existing nonconforming uses as provided for in this chapter under Article XVI. Whenever the Board permits such a substitution, the use may not thereafter be changed without reapplication to the Board.
(2)
Permits. The Board may reverse, affirm wholly to partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue, revoke, or direct the issuance or revocation of a permit.
(3)
Oaths and testimony. The Chairperson of the Board, or the Vice Chairperson in the absence of the Chairperson, may administer oaths and compel the attendance of witnesses.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(4)
Staff assistance. The Board may request assistance from other Village officers, departments, commissions and boards, as well as from non-Village agencies such as county, regional, state or federal entities, or, as its budget allows, from private sources.
(5)
Limitation of powers. The deciding of variances in Subsection D(1)(b) above shall not have the practical effect of permitting uses that are otherwise prohibited in a district; of granting or denying a conditional use, including the modifications of any of the conditions if granted, which powers are granted by this chapter solely to the Plan Commission; or of changing the district classification of a property or of amending the textual regulations of this chapter. Furthermore, in exercising its powers to grant variances, the Board shall take care to grant only the minimum variation necessary to relieve the practical difficulty or unnecessary hardship it finds, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
E.
Procedure.
(1)
Appeals to the Board of Appeals shall be filed in the office of the Zoning Administrator within 30 days after the date of the decision or order of the Zoning Administrator or Plan Commission which is being appealed. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Such appeals and application shall include the following:
(a)
Name and address of the appellant or applicant and all abutting and opposite property owners of record as found on the Village tax roll or assessment records.
(b)
Plat of survey prepared by a professional land surveyor in the State of Wisconsin or other map drawn to scale and approved by the Zoning Administrator, showing all of the information required under this chapter for a zoning permit. Where the aggrieved party filing the appeal is not the applicant for the zoning permit or other decision in dispute, this requirement is waived.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(c)
Grounds claimed for the appeal and any other additional information required by the Zoning Administrator or Board of Appeals.
(d)
Fee receipt from the Zoning Administrator required by § 22-107H, Fees.
(2)
Variance requests shall include items in Subsection E(1)(a) through (d), except that the appellant in the case of a variance request shall also be very specific under Subsection E(1)(c) to set forth the facts which purport to show where literal enforcement of the terms of this chapter would result in practical difficulty or unnecessary hardship.
(3)
Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals, after the notice of appeal shall have been filed with that office, that by reason of facts stated in the certificate a stay would, in the Zoning Administrator's 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 Board of Appeals or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.
F.
Hearing. The Board of Appeals shall fix a reasonable time and place for the hearing, giving notice thereof by:
(1)
Publishing one notice in a newspaper of general circulation.
(2)
Mailed notice to parties of interest, including the appellant, and to owners of property within 200 feet, including those opposite and fronting on the subject lands across a right-of-way. Such mailed notice shall be postmarked at least 10 days before the date of hearing.
G.
Standard and findings. Pursuant to § 62.23(7)(e)1, Wis. Stats., wherein the creation of a Board of Appeals by ordinance may include establishing appropriate conditions, safeguards, and general or specific rules to guide said Board, the following standards, in addition to the limitation of powers of Subsection D(5), are hereby imposed to provide the Board with direction consonant with this chapter in the conduct of the Board's powers, and the Board in each case in granting a petition shall first render findings which satisfy itself that all of the following facts and conditions exist and the Board shall so indicate in its minutes:
(1)
Physical conditions versus convenience. That there are present actual physical conditions applying to the lot, parcel, building, structure, use or intended use on that premises which are creating the practical difficulty or unnecessary hardship in the application of this chapter, as distinguished from a mere inconvenience to the owner if the strict letter of the regulations is required.
(2)
Unique versus general conditions. That the conditions of Subsection G(1) preceding are unique, exceptional, extraordinary or unusual circumstances applying only or primarily to the property under appeal and are not of such a general or recurrent nature elsewhere in the same zoning district as to suggest or establish the basis for ordinance changes or amendments, or of having that effect if relied upon as the basis for granting an appeal.
(3)
Absence of precedent. That in granting an appeal there will not be created a general precedent which encourages the filing of similar appeals to take advantage of the precedent without the existence of properly qualifying conditions.
(4)
Absence of detriment. That in granting an appeal there will not be created significant detriment to the subject, adjacent, or neighborhood properties or to the general public interest.
(5)
Conditions not created by appellant. That the alleged conditions of Subsection G(1) preceding creating the difficulty or hardship were not caused by the appellant nor by any person still having an interest in the property.
H.
Decision.
(1)
Time of decision. The Board of Appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant and the Zoning Administrator.
(2)
Conditions may be placed upon any zoning permit ordered or authorized by this Board.
(3)
Expiration of permits. Permits granted by the Board shall expire within 12 months unless substantial work has commenced pursuant to such grant.
I.
Review by court of record. Any person or persons aggrieved by any decision of the Board of Appeals may present to the court of record a petition, duly verified, appealing such decision as provided for in § 62.23(7)(e)10, Wis. Stats. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the Board. Filing shall consist of the completion of the transcription of the minutes of the meeting wherein the Board decision being appealed from was finally made, the accuracy of the transcription to be first reviewed by the Zoning Administrator.
§ 22-107 Zoning permit; occupancy permit; compliance statement; fees.
[Amended 8-10-2015 by Ord. No. 2015-123; 11-11-2024 by Ord. No. 2024-09]
A.
Required. No new building and no existing building which is to be remodeled or relocated shall be issued a building permit until a zoning permit is issued certifying that such construction or change would comply with the provisions of this chapter, based upon the information and plans supplied to the Zoning Administrator as required hereunder. Occupancy or use of land, water or buildings and structures shall be prohibited until an occupancy permit has been issued certifying that all appropriate provisions of this chapter have been met.
B.
Procedure. Applications for zoning permits and occupancy permits shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator prior to or at the same time as an application for a building permit or prior to the commencement of any use not involving a building permit and shall include the following where pertinent and necessary for proper review:
(1)
A statement by the applicant as to the intended use of the premises and buildings thereon.
(2)
An accurate map of the property, drawn to a reasonable scale and properly dimensioned, showing:
(a)
The boundaries of the property involved and address, including subdivision lot and block number or metes and bounds description.
(b)
The location of the center line of any abutting streets, existing highway access restrictions, proposed street access points and the locations of off-street parking, loading areas and driveways.
(c)
The location on the lot of any existing buildings, proposed additions or proposed new buildings, including the measured distances between such buildings and from the lot lines and from the center line of any abutting street to the nearest portion of such building.
(d)
The proposed floor elevation of any proposed buildings in relation to the existing and/or established grade of any abutting streets and the general direction of surface drainage on the lot, including the defined location of any defined drainageway; such elevations shall be referenced to mean sea level datum.
(e)
The high-water line of any stream or lake which abuts the property or otherwise directly affects it by flooding.
(f)
The boundaries of soil types shown as existing on the property on USDA Natural Resources Conservation Service maps where these are required by the Zoning Administrator.
C.
Permit issuance. Upon determination of compliance by the Zoning Administrator of the applicant's request with all applicable provisions of this chapter, including, where necessary, approval by the Plan Commission of building, site and operational plans pursuant to § 22-111, and upon payment of the proper fee (Subsection H), a zoning permit shall be issued. The applicant shall post such permit in a conspicuous place at the site.
D.
Final inspection. Within 10 days after the notification of the completion of the erection, alteration or relocation of the building, the Zoning Administrator shall make an inspection of the premises and any building thereon, and if the building and the intended use thereof and the proposed use of the premises comply with the requirements of this chapter, an occupancy permit shall be issued.
E.
Expiration. If within 12 months of the date of application for a zoning permit no occupancy permit has been issued, any zoning permit related thereto shall lapse, and the Zoning Administrator shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without proper authority. Upon showing of valid cause, the Zoning Administrator may grant an extension of such permit for a period not to exceed six months.
F.
Temporary occupancy permit. Pending the issuance of a regular permit, a temporary permit for a nonresidential use may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.
G.
Zoning compliance statements. Owners of properties or their agents, for their convenience and without actually applying for a zoning permit, upon paying a separate fee therefor, may request the Zoning Administrator to issue a zoning compliance statement on whether the existing or prospective use or construction thereon of that property complies with, or is likely to comply with, the terms of this chapter. The Zoning Administrator may refuse to issue such permits except on an "as time is available" basis based upon work flow in the zoning office, and may condition such statements as not covering aspects that are in the opinion of the Zoning Administrator speculative, or indeterminate from the information at hand.
H.
Fees. Fees for zoning permits, occupancy permits, conditional uses, zoning changes and amendments, variances or other requests before the Board of Appeals shall be required to defray the cost of administration, map preparation, inspections, public notices and recordkeeping. The Board shall, upon recommendation of the Plan Commission, establish a fee schedule by resolution, and the fee schedule shall be published and made available through the Zoning Administrator.
I.
Double fees. A double fee may be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
J.
Special exception due to erroneously permitted work. The Village Board is authorized to grant a special exception to waive or modify any requirements of this chapter if, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of this chapter due to erroneously permitted work, to the extent deemed just and proper on a case-by-case basis after receiving and considering a recommendation from the Village of Sherwood Plan Commission. The procedures and standards to be applied are as follows.
(1)
Procedures.
(a)
Petition. A party seeking a special exception shall file a petition with the Village Clerk. The petition shall include all of the following:
[1]
A detailed written description of the existing development or use, the permit that was granted, and the reason why the special exception is sought.
[2]
Any further information as required by the Village Staff, Village Plan Commission, or Village Board to facilitate the making of an evaluation of such request, such as parking, traffic impact, landscaping treatment, drainage, sanitary sewer, erosion control and other factors as would be pertinent including the impact on public facilities.
(b)
Fee. The petition shall be accompanied by a fee payment as set from time to time by the Village of Sherwood Village Board to defray the cost of publication, notification, and holding a public hearing, administrative expenses and expenses of Board members. The petitioner shall also pay reimbursement to the Village of Sherwood for all costs incurred for legal, planning, engineering, and administrative work necessary to administer the application and oversee all procedures and activities related to the application.
(c)
Plan Commission public hearing. The Village Plan Commission shall hold a public hearing upon receipt of such petition. All interested persons may be heard, in sworn oral testimony. Notice of such hearing shall be provided as described in § 22-109F of this chapter, to the same extent as though this were consideration of a Zoning Code amendment.
(d)
Plan Commission findings and recommendation. As soon as practicable following the public hearing, the Village Plan Commission shall make written findings and a recommendation to the Village Board, regarding whether the petitioner has proved an adequate basis for granting a special exception, and if so, regarding any conditions that the Plan Commission recommends be included in any such grant of a special exception.
(e)
Village Board action. The Village Board shall review the recommendation of the Village Plan Commission, and make a decision in writing, of whether to grant, conditionally grant, or deny the requested special exception.
(2)
Basis of approval. An application for a special exception may be approved, denied, or approved with conditions. The Village Board shall consider the recommendation of the Village Plan Commission but is not bound to follow the Village Plan Commission's recommendation. The Village Board may rely upon the sworn testimony received by the Village Plan Commission or, in its discretion, the Village Board may take additional testimony from any witness(es) of their choosing. In order to approve or conditionally approve the special exception, the Village of Sherwood Village Board must find that the applicant has demonstrated all of the following:
(a)
Permit error. That the petition seeks approval of a structure that was constructed pursuant to a building permit or zoning permit issued by the Village of Sherwood Building Inspector or Zoning Administrator, in accordance with the plans filed with the permit application and all conditions of the permit approval, and only after completing construction was the structure found to be in violation of a provision of this chapter.
(b)
Preservation of property rights. That the special exception is necessary for the preservation and enjoyment of substantial property rights possessed by the applicant.
(c)
No substantial detriment. That the special exception will not create substantial detriment to adjacent property or the general desirability of the Village of Sherwood and its environs, and will not materially impair or be contrary to the purpose and spirit of this chapter, or the adopted Village of Sherwood Comprehensive Plan, or the public interest.
(3)
Determination.
(a)
The action of the Village of Sherwood Board shall be stated in writing, and shall include findings of facts setting forth the basis for the decision. If a special exception is granted, or is conditionally granted, it shall be subject to the written approval of the applicant, and upon such approval, it shall be recorded at the office of the Calumet County Register of Deeds. Such recorded document shall be in a form approved by the Village Attorney and shall include all of the following:
[1]
A description of the particular non-compliant conditions on the property that are allowed to remain;
[2]
All conditions imposed by the Village Board upon the grant of the special exception;
[3]
A statement that in the event a non-compliant structure or use is destroyed or otherwise removed from the property, either wholly or in part, for any reason, such non-compliant structure or portion thereof shall not be replaced;
[4]
A statement that the grant of a special exception under this section does not render the structure or use legal non-conforming, and no legal non-conforming rights shall apply.
(b)
The decision of the Village of Sherwood Village Board shall be final, and shall not be subject to appeal to the Zoning Board of Appeals.
§ 22-108 Enforcement; violations and penalties.
A.
Financial sureties. The Plan Commission may require that a performance bond or letter of credit be obtained for the benefit of the Village and filed with the Village so as to insure compliance with the terms of this chapter or a permit. In setting the amount of the bond or letter of credit, consideration should be given to the purpose of the bond or letter of credit, the use to which any forfeited money is to be applied, and the time when it may be applied and any increased costs due to time or inflation that may be incurred for purposes of rehabilitation. The amount of the bond may be subject to further review. Failure to obtain or maintain such bond or letter of credit shall invalidate any permit.
B.
Violations, injunctions, abatement and removal. It shall be unlawful to construct, develop or use any structure, or develop or use any land, water or air, in violation of any of the provisions of this chapter or order of the Zoning Administrator or Board of Appeals. In case of any violation, the Village Board, the Village Attorney, the Zoning Administrator, or any owner of real estate affected who would be specifically damaged by such violation may institute appropriate legal action or proceedings to enjoin a violation of this chapter or seek abatement or removal. In addition, those actions commenced on behalf of the Village may seek a forfeiture or penalty as outlined herein.
C.
Proceedings.
(1)
Civil proceedings. Pursuant to the provisions of § 66.0114, Wis. Stats., an action for violation of a municipal ordinance is deemed a civil action. Accordingly, Chs. 801 to 847, Wis. Stats., shall apply where applicable to violations of this chapter.
(2)
Village Attorney. The Village Attorney may, in his discretion, commence legal actions or proceedings as outlined above and may proceed pursuant to the proceedings outlined in § 66.0113, 66.0114 or 778.10, Wis. Stats., or pursuant to the issuance of a summons and complaint.
(3)
Citations. Citations may be issued by the Zoning Administrator or authorized deputies.
(4)
Special inspection warrants. The provisions of § 66.0119, Wis. Stats., shall govern the issuance of all special inspection warrants.
(5)
Statute of limitations. Pursuant to § 893.93(2)(b), Wis. Stats., any action to recover a forfeiture or penalty imposed by ordinance or regulation, when no other limitation is prescribed by law, shall be commenced within two years of said violation. In those situations in which there occurs a continuing violation in existence for more than two years prior to the issuance of the complaint and wherein each day the violation exists continues to constitute a separate offense, no penalty may be imposed for each day of violation occurring more than two years prior to the commencement of the action; a penalty may be imposed, however, for each day of violation occurring within the two-year period prior to the issuance of the complaint.
D.
Penalties.[1]
(1)
General penalties. Any person, partnership, limited partnership and limited corporation, firm, or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter shall, upon conviction thereof, be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code. Each day a violation exists or continues shall constitute a separate offense.
(2)
Schedule of cash deposits for violations charged under Subsection D(1). The cash deposit for the violation of any section or subsection of this chapter shall be as prescribed in Chapter 40, Fees and Penalties, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
E.
Liens. In addition to all other remedies available at law, judgment on convictions of violations of the terms of this chapter wherein a forfeiture or penalty is imposed shall be filed with the County Register of Deeds office and shall constitute a lien on the property and running with the property wherein the violation occurred and shall be removed only upon payment of said penalty or forfeiture. Notice of the imposition of such a lien shall be given to the defendant, and prior to the filing of the lien, the defendant shall be given 10 days to appeal to the Circuit Court in the county imposing such a lien on the property wherein the violation occurred. Any judgment so filed with the Register of Deeds shall note thereon the imposition of such a lien and a legal description of the property so affected. Upon satisfaction or partial satisfaction of such judgment, notice of such satisfaction or partial satisfaction shall be filed with the Register of Deeds.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
§ 22-109 Amendments.
A.
Intent. It is the intent of this chapter to provide stability and regularity in the zoning of the property in the Village of Sherwood; nevertheless, to best achieve the full purposes of this chapter, it is likely that from time to time amendments will be necessary in the text or in the district map portions of this chapter to recognize that changing conditions or expectations call for changed plans, and changed plans call for changed regulations. As a result, owners of property subject to particular regulations under this chapter cannot enjoy an eternally vested right to those regulations if the public interest demands otherwise. Among the conditions which may be expected to require zoning changes are:
(1)
Holding districts, which constitute a form of temporary zoning, may require rezoning to other basic or overlay districts as full development becomes imminent.
(2)
Additional state-imposed regulations may require amendments to this chapter to conform to such state mandates.
(3)
Village Plan amendments or refinements may require adjustments in the boundaries of districts or in the form of text regulation in order to reflect the new knowledge added to the plan.
(4)
County and regional plan amendments or refinements may, as in Subsection A(3) preceding, require similar adjustments.
(5)
Property owners' petitions in which owners may propose modifications to the zoning in which they are located in order to better do their part in carrying out the Village Plan and in serving the public interest.
B.
Authority. Whenever the public necessity, convenience and general welfare require, the Village Board may, by ordinance, as provided for in § 62.23(7)(d)2, Wis. Stats., amend any part of this chapter, including amending the textual regulations, the district regulations, or the reclassifying of property into other districts. Such amendments shall be by petition and be considered as provided for herein.
C.
Initiation. A petition for change or amendment may be made by any property owner or agent of the owner in the area to be affected by the change or amendment, by the Village Board, or by the Plan Commission.
D.
Filing of petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village Clerk-Treasurer, together with the fee required in § 22-107H and the following information, where appropriate, on forms supplied by the Village:
(1)
Required information for district map changes.
(a)
Plot plan or map drawn to scale, or map of legal descriptions, showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of adjacent properties.
(b)
Owners' names and addresses, as listed on such records as the Village Assessor's maps or Village tax roll, of all properties lying within 100 feet of a proposed district change.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(c)
Additional information as required by the Village Board or Plan Commission on forms available from the Zoning Administrator.
(2)
Required information for text amendments.
(a)
Proposed text amendment language and, if possible, a defense of the necessity for such a change.
(b)
Owners' names and addresses as described in Subsection D(1)(b) preceding if it is determined by the Zoning Administrator or by said office in consultation with the Village Attorney that the amendment is sufficiently site specific to consider protest petitions, as provided for in § 62.23(7)(d)2m, Wis. Stats., and Subsection H herein.
(c)
Additional information as required on forms available from the Zoning Administrator.
E.
Referral and recommendations.
(1)
Referral to Plan Commission. The Zoning Administrator shall check the petition for completeness, conferring with the petitioner as necessary. When the petition appears complete, the Zoning Administrator shall place it upon the Plan Commission agenda, with copies to other Village staff that the Commission is likely to consult on the petition.
(2)
Plan Commission review and recommendations. Upon receipt of the petition, the Commission shall conduct the necessary study and investigation in order to provide, as promptly as possible, a recommendation to the Village Board, as set forth in § 66.23(7)(d)1b, Wis. Stats., and § 22-104D(2) of this chapter.
(a)
Commission public interest criteria. In making its recommendations, the Commission shall always be guided by a finding that the change or amendment would be in the public interest and not solely for the benefit of the applicant. The public interest shall be found by weighing the following:
[1]
Compliance with the Village Plan adopted by the Commission.
[2]
Compliance with county, regional or other such plans as adopted by the Commission.
[3]
Compliance with the purpose of this chapter as set forth in § 22-3 of this chapter.
(b)
Information hearings. In developing its recommendations, the Commission may hold an informational hearing, noticed as it determines in each case.
F.
Official hearing. The Village Board shall hold a public hearing upon each proposed change or amendment, the Village Clerk-Treasurer giving notice of the time and place of such hearing by:
(1)
Publication of a Class 2 notice under Ch. 985, Wis. Stats.
(2)
Mailed notice to the owners of record on Village tax rolls or Assessor maps of all lands lying within 100 feet of any part of the land involved in either a zoning district change or an ordinance text amendment found to have specific impact upon only a few properties.
(a)
Mailed notice postmark. Such mailed notice shall be postmarked at least 10 days prior to the date of hearing. The failure of such notice to reach any property owner, provided that such failure is unintentional, shall not invalidate any amending ordinance or other action taken upon the matter noticed.
G.
Action.
(1)
Village Board. After such public hearing and no later than the second Village Board meeting following receipt of the Plan Commission's recommendations, the Village Board shall act to approve, modify and approve, or disapprove the proposed change or amendment.
(2)
Re-referral to Plan Commission.
(a)
The Village Board shall not take action without having first heard the recommendations of the Plan Commission. Should the Village Board not concur in the recommendation of the Plan Commission, including an intent to approve with modifications not contained in the Commission recommendation, the Village Board shall re-refer the matter to the Commission for reconsideration before taking final action, specifying the amount of time available to the Commission for its reconsideration. When the matter so re-referred to the Plan Commission returns to the Village Board, the Village Board shall assume the sole responsibility for disposition of the proposed change or amendment.
(b)
Once the Village Board has so assumed the sole responsibility for the disposition of the proposed change or amendment, the following action may take place:
[1]
If the Village Board acts to disapprove, the amendment is defeated.
[2]
If the Village Board acts to approve, or modify and approve, so approved.
(3)
Provisional zoning. In connection with its action to modify and approve (or to approve if already so recommended by the Plan Commission), the Village Board may provisionally rezone the property which is the subject of the petition. Any such provisional rezoning shall become permanent, provided that the conditions imposed by the Village Board have been complied with within such period of time as may be designated by the Village Board, but not to exceed three years.
(a)
Zoning Map notation. For such period of time until the provisions have been met and so certified by the Zoning Administrator, the Official Zoning Map of the Village shall show the property to be zoned "P* _____" (* for provisional).
(b)
Waiver of vested interest. By accepting the provisional rezoning, the petitioner is deemed to waive any claim of vested rights in the property during the period of provisional rezoning.
(c)
Title recording. The Village Board, in its discretion, may cause notice of the provisional rezoning, together with the provisions imposed, to be recorded in the office of the Register of Deeds.[2]
[2]
Editor's Note: Former Subsection H, regarding protests, which immediately followed this subsection, was repealed 2-8-2021.
§ 22-110 Conditional uses.
A.
Introduction. This chapter regulates most uses through zoning districts as authorized in § 62.23(7)(b), Wis. Stats., wherein the regulations are uniform within each district for each class or kind of buildings and for the use of land throughout each district. However, it is recognized that there are certain uses, herein called "conditional uses" and regulated in this section, in each district which cannot be properly classified as uses by right everywhere in that district but which have to be given individual consideration in each case whether the use would be suitable at a specific location given the Village Plan, the specific site, and the neighboring land, and given the public need for the particular location, and, if so, what specific conditions should attach to such use, or whether the use would be unsuitable and should be denied.
B.
Approval required.
(1)
Uses listed as permitted by conditional grant, or uses determined by the Plan Commission to be so similar to listed uses that the unlisted uses may, within the spirit and intent of this chapter, be classified by the Commission as permissible by conditional grant in specific districts, may be permitted in the district in which listed or classified, upon petition to and approval by the Plan Commission, as authorized by § 62.23(7)(e)1, Wis. Stats., which power is hereby delegated to said Commission by the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(2)
Basis for approval.
(a)
Compliance with performance standards. Processing of a conditional use grant application shall particularly require applicant submittal and Commission evaluation of compliance with the performance standards set forth in Article X.
(b)
District regulations modifiable. Processing of a conditional use grant application shall ordinarily be in accordance with the applicable numerical regulations (lot size, open space, setbacks, side and rear yards, height, etc.) of the district in which the use is being contemplated; however, the Commission in complying with this provision may vary such individual numerical requirements up or down as the spirit of this chapter requires. For example, the Commission may impose greater yard requirements for a large use going into a district with smaller buildings, or the Commission may waive the minimum building floor area for a utility substation structure.
(c)
Standards. The principal criteria guiding the Plan Commission in reaching its decision in each case upon petitions for conditional use grants shall be whether, in the Commission's opinion, implementation of the Village Plan will be advanced and whether the spirit of this chapter will be upheld, including those factors given in Subsection A, Introduction, above. More specifically, the Plan Commission shall not approve an application and set conditions unless it shall first find that:
[1]
The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
[2]
The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor noticeably diminish and impair property values or esthetics within the neighborhood.
[3]
The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
[4]
Adequate utilities, access roads, street access that does not impede public traffic flow, drainage, and other necessary facilities have been or are being provided.
C.
Procedure.
(1)
Petition. A request for conditional use grant shall begin with a petition by an applicant capable of agreeing to and abiding by the conditions the Commission shall impose upon the use. If said applicant is other than the owner of the site upon which the grant is proposed, the applicant shall demonstrate that he has an interest in the land, such as a prospective lease or purchase agreement which is specifically enforceable should the applicant's petition be granted.
(2)
Filing of petition. The petition shall be filed with the Zoning Administrator, who shall place it upon a Plan Commission agenda, first being assured by Village staff review that the application is complete and that it addresses concerns which the staff, on the basis of this chapter, finds that the Plan Commission will or should raise.
(3)
Petition content. The petition shall be accompanied with sufficient information to enable the Commission to fully accomplish the review and decision required of it by Subsection B(2), Basis for approval, above. Accordingly, the Commission shall require, as appropriate, the information normally required under § 22-111, Building, site and operational plans, as well as Article X, Performance Standards. The Commission may establish administrative forms and applications to aid in the processing of such petitions and may require therein any other pertinent information as it deems necessary to fulfill this section.
(4)
Hearing. Before concluding its findings and decision on each application, the Commission shall hold a public hearing on the petition, following the same notice provisions contained in this chapter for petition to rezone a property.
(a)
The Commission may have the draft conditions completed by the time of the hearing in order to gain public input thereto, or the Commission may hold the hearing before the formulation of draft conditions for purpose of gaining public suggestions thereon.
(b)
Where the Commission holds a hearing prior to the drafting of conditions, or where the Commission in its judgment makes substantial revisions to the conditions as drafted and presented to public hearing, the Commission may, at its sole discretion, hold a second public hearing for the purpose of learning public opinion thereon.
(5)
Determination. Following necessary staff and Commission review, investigation, public hearing, and discussion with the petitioner, the Commission as soon as practical shall render its decision in writing, and a copy made a permanent part of its records. Such decision shall include an accurate and complete description of the use as permitted, including all the conditions applicable thereto, or if disapproved, the principal reasons for disapproval.
(6)
Determination not appealable. As provided for in § 62.23(7)(e), Wis. Stats., where the power to approve or deny conditional use grant applications as special exception uses may be assigned by ordinance to the Plan Commission as set forth in Subsection B(1) preceding, applications denied, or conditions approved under this section, because of the close relationship intended by this chapter between the specificity of those conditions and the permissibility or impermissibility of the petitioned use under this section, shall not be appealable to the Board of Appeals as otherwise provided in § 22-106 of this chapter.
(7)
Administrative review. Nothing in Subsection C(6) preceding shall preclude the petitioner or an aggrieved party from seeking a review by the Plan Commission of the Commission's decision, where it is claimed an error in facts or in application of this chapter was made.
(a)
Period for review. Such review must be requested within 30 days from the date of the meeting where action on the petition was taken. If requested by an aggrieved party, mailed notice to the petitioner's address as found on the petition must be made by the party simultaneously with the review request to allow the petitioner the opportunity of avoiding expenses that might otherwise be incurred during the period until the review is completed. The petitioner may introduce at the rehearing evidence of unavoidable expenses incurred during the period between original action on the petition and the rehearing.
(b)
Reaffirmed decisions. Where the Commission reaffirms its original decision on the petition, no notices or public hearings are necessary.
(c)
Reversed or modified decisions. Where the Commission is inclined to reverse or modify the original action taken on the petition, it shall first give notice to the same parties and in the same manner as the first public hearing to give opportunity for interested parties to be heard, with the fee for notice and hearing paid from the Commission's budget. Where the reversal or modification is to an approved grant, the Commission shall take into consideration whether its action would have an unfairly high financial impact upon original grant petitioners.
(8)
Guarantees and sureties. The conditions the Commission may set in approving an application for conditional use grant may include performance bonds, letters of credit, cash deposits, or similar financial sureties related to ensuring that certain conditions will be met, so that material or workmanship improvements covered by the conditions are guaranteed.
(9)
Mapping and recording. When a conditional grant is approved, the zoning and occupancy permits shall be appropriately noted, and such grant shall be applicable solely to the structures, use and property as described. Indication of such a grant shall also be made on the Zoning Map by appropriate code number or symbol. An official record of such grant shall be prepared by the Zoning Administrator on a form prescribed therefor, which shall include the description of the use for which the grant is given and all conditions thereto, as well as a copy of the resolution approving the grant. A land covenant form provided by the Village shall be recorded at the County Register of Deeds as a covenant on the title of the premises involved, referring to the existence of the grant.
(10)
Termination of grants.
(a)
Grants for specific time periods. Where the applicant agrees, the Commission may set as one of the conditions that the use will only exist for a stated period of time or until described circumstances are fulfilled.
(b)
Failure to comply with conditions. Where the use upon inspection by the Zoning Administrator and review by the Plan Commission is found to be in nonconformance with one or more of the significant conditions of the grant, the provisions of § 22-108, Enforcement; violations and penalties, shall be applied in order to gain compliance. Where nonconformance with conditions continues to occur, and the Commission determines that one or more of the noncompliance conditions are of an essential nature to the granting of the original application, the Plan Commission may petition the Village Board for termination of the entire grant or a portion thereof as the Commission shall nominate.
[1]
Hearing. The Village Board shall hold a hearing on the Commission's petition for termination as set forth in Subsection C(4) above, giving the holder of the grant ample opportunity to explain the circumstances related to the alleged noncompliance.
[2]
Modification or revocation. Where the Village Board agrees in whole or part with the Plan Commission's petition, the Village Board may modify or revoke the original grant of conditional use in whole or part, causing the recordation of the grant on the title of the property to be accordingly amended.
(11)
Application to existing uses.
(a)
A use which existed lawfully on a lot at the time said lot was placed in a district where such use would be permitted only as a conditional grant may be granted conditional use status under the procedures herein.
(b)
The grant of conditional use in such case shall be based upon the existing conditions at that time; however, the Plan Commission may require improvements in general building appearance, in proper storage of outside materials, in the provision of more satisfactory off-street parking, in the use of planting and fencing screens where necessary, and in operational matters relating to the control of noise, dust, odor, smoke and excessive glare or illumination of lighting, provided that such measures are within the reasonable economic capacities of such a use. Any expansion or change in use shall require changing of the conditional use grant.
(12)
Expansion or modification of existing conditional use grants. Petitions may be made at any time for expansion or other change of the conditional use grant, and such petition shall not prejudice the existing grant as herein authorized.
§ 22-111 Building, site and operational plans.
A.
Where required. In the case of certain uses, the character of which could have substantial adverse impact on surrounding property enjoyment, values or upon public highway and other utility facilities by reason of the arrangement of structures and related uses on the land, including the total appearance and function of said arrangement, or by the arrangement of access from public streets to off-street parking and loading facilities, such uses may be required as a qualifying condition to their permissibility to submit for approval by the Plan Commission their proposed building, site and operational plans. Site plan review in accordance with this section shall be required in connection with the following developments:[1]
(1)
Any development or redevelopment involving the construction of any new structure involving three or more dwelling units or any nonresidential use.
(2)
Any development or redevelopment involving an existing structure having a floor area in excess of 20,000 square feet that would alter such measure by more than 25% of such amount.
(3)
Any development or redevelopment, other than for a single-family detached dwelling unit, involving a parcel under single ownership or control having an area in excess of 40,000 square feet.
(4)
Any development or redevelopment involved in the creation of 20 or more parking spaces or more than two loading spaces.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
B.
Use by right not infringed. Such required approval shall be limited solely to reasonable compliance with design, locational and operational requirements and shall not, except in the case of performance standards as regulated in Article X, involve the basic permissibility of the use where such use is permitted as a use by right.
C.
Criteria. In determining with the permit applicant the mutual acceptability of the building, site or operational plans, the Plan Commission shall take into consideration the following factors, as well as any others it deems related:
(1)
Buildings. The general design and appearance of any structures in terms of generally accepted standards of good taste and particularly in terms of the functional relationship and grades to its own site and the effect upon adjacent and surrounding properties.
(2)
Site. The relationship of structures and uses to each other and to the site, with particular consideration of traffic flow, access, screening of parking and storage areas, site lighting, and general site appearance.
(3)
Operations. The character of the operation in terms of its impact upon traffic facilities, storm drainage, sewage disposal, potable water supply, hours of operation and environmental character, with particular consideration of control of any possible noise, dust, odor or other undesirable operating characteristic, including compliance with the performance standards of Article X.
D.
Form of submittal. Before issuing a building or zoning permit, the Zoning Administrator shall submit the necessary building, site and operational plans to the Plan Commission for its consideration. Such plans shall be in reasonable detail to enable the Commission to properly evaluate them and shall specifically include the following:
(1)
General building plans, including either elevations or perspective drawings or photos, showing the planned exterior appearance.
(2)
A site plan of the property, accurately dimensioned, showing the location of all existing and proposed structures and use areas, including existing and proposed grades as appropriate.
(3)
A statement describing the basic operational characteristics of the proposed use.
E.
Stage approvals. With the concurrence of the permit applicant, the Plan Commission may grant its approval in stages so as to cause the least amount of delay to initial construction, such as by granting approval to the building location and grading plan in one stage and landscaping detail and lighting fixture brightness and glare control in a later stage, but in no case may the Commission and applicant agree to a delay for total approvals beyond the point where an occupancy permit is requested.
F.
Expedited review. The Commission shall approach this duty and power in a manner intended to cause the least delay to the overall process of zoning permit issuance and development, while making its best effort to ensure the public health, safety and welfare.
§ 22-112 Planned development projects.
A.
Introduction and purpose.
(1)
Uniform and individual lot regulations. This chapter is predicated upon regulating the land development and use maintenance process primarily on an individual lot or tract basis, with all lots in the same district being subject to regulations which are uniform throughout that district, as prescribed by § 62.23(7)(b), Wis. Stats., in order to achieve the purpose set forth in § 62.23(7)(c), Wis. Stats., and in § 22-3 of this chapter.
(2)
Diversified and grouped lot regulations. However, as also provided for in said § 62.23(7)(b), Wis. Stats., with the consent of the landowners, there may be and hereby is established a special district in which the regulations need not be uniform throughout the district, so that there may be permitted development regulations which have the same purpose as § 62.23(7)(c), Wis. Stats., and § 22-3 of this chapter, but which seek to allow regulation on a project basis, possibly involving many lots or tracts or multiple structures, including possibly allowing more than one principal structure per lot, which regulations as set forth in said § 62.23(7)(b), Wis. Stats., will tend to promote over time the maximum benefits of:
(a)
Coordinated area site planning.
(b)
Diversified location of structures.
(c)
Mixed compatible uses.
(d)
Safe and efficient pedestrian and vehicle traffic system.
(e)
Attractive recreation and landscaped open spaces.
(f)
Economic design and location of public and private utilities and community facilities, ensuring adequate standards for construction and planning.
B.
District establishment.
(1)
PUD Planned Unit Development District. The regulations of this section shall operate in conjunction with the application to specific tracts of land of the PUD Planned Unit Development District as established in Article II of this chapter.
(2)
Minimum area required. In order to be regulated under this section, proposed project plans must be no less than the following minimum size:
Proposed Principal Uses | Minimum Project Size (square feet) | |
|---|---|---|
Residential and open space uses | 100,000 | |
Mixed compatible uses | 200,000 | |
Commercial or industrial uses | 200,000 |
(3)
Ownership consent. As required by § 62.23(7)(b), Wis. Stats., a proposed development at the time of application of the PUD Planned Unit Development District shall require the consent of the owners to the regulations as shall apply to their individual tracts through the approved PUD District project plan.
C.
Uses permitted.
(1)
Underlying district uses. All uses as permitted by the underlying district or districts within the boundaries of the overlay PUD District may be permitted in the project plan approved as part of the PUD regulations as stated therein, subject to Subsection C(4) below. Said plan may also provide for excluding uses that are otherwise permitted by the underlying districts, or for follow-up approval of building, site and operational plans as provided for in § 22-111 of this chapter.
(2)
Other uses permitted. In addition to Subsection C(1) preceding, any other use permitted by this chapter may be permitted as part of the project plan approved as part of the PUD regulations, consistent with the approval criteria set forth in Subsection E hereunder.
(3)
Individual uses and structures need not necessarily comply with the specific building location, height, building size, floor area ratio, lot size or open space requirements of the underlying district, provided that benefits as set forth in § 62.23(7)(b), Wis. Stats., and Subsection A(2) of this section justify deviation from said requirements.
(4)
Conditional use processing. Uses permitted in an underlying district or elsewhere in this chapter by conditional use grant, if not permitted by right in one of the underlying districts, shall only be permitted through the PUD regulations as a conditional use. The petition, application materials, and hearing for said conditional uses may be part of the PUD process to avoid dual processing, unless the PUD plan specifically determines that the conditional uses are to be separately evaluated and processed.
D.
Procedure.
(1)
Pre-petition conference. Prior to official submittal of a petition, the petitioner shall meet with the Plan Commission for a preliminary discussion as to the scope and proposed nature of the contemplated development, especially as relates to the petitioner's intentions to submit a general or detailed application.
(2)
Petition. Following the pre-petition conference, petition may be made to the Zoning Administrator by the owners or agents of properties proposed for such development to amend the Zoning Map by the overlaying of a PUD District in order to permit the application of the provisions of this section to such development. Such petition shall be accompanied by a fee as required in § 22-107H and the following information in appropriate detail as to the type of approval, general or detailed, desired (see determination in Subsection F):
(a)
A statement describing the general character of the intended development and the desirability of applying the requirements of this section and the PUD District rather than those ordinarily applicable through basic underlying zoning. This statement should at least include:
[1]
Statistical data on total size of the project area, area of open space, residential density computation and proposed number of dwelling units, population analysis, market analysis, economic analysis, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
[2]
A financial factors general summary, including the value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price, and total anticipated development cost of the project.
[3]
Organizational and service structure general outline related to intended property owners' association, deed restrictions, and provision of private services.
(b)
A general development plan and related maps and plans, including descriptive statements of objectives, principles and standards used in its formulation of the project, showing at least the following information as may be required by the Plan Commission and Village Board to apply the criteria for approval as hereinafter set forth:
[1]
An accurate map of the project area, including its relationship to surrounding properties.
[2]
The pattern of public and private roads, driveways, and parking facilities and intended design standards.
[3]
The size, arrangement and location of lots or of proposed building groups.
[4]
The location of recreational and natural open space areas and areas reserved or dedicated for public uses such as school, park, nature preserve, etc.
[5]
The type, size and location of structures.
[6]
General landscape treatment.
[7]
Architectural drawings and sketches or photos of similar developments illustrating the design and character of proposed structures.
[8]
The location of present and proposed sanitary sewer and other utility facilities if necessary to an evaluation of the project plan.
[9]
Existing topography and storm drainage pattern and proposed storm drainage system showing basic topography changes, if deemed necessary for project evaluation.
(3)
Referral to Plan Commission. Such petition shall be referred to the Plan Commission and processed as a zoning change. Upon completion of necessary study and investigation, the Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the application of the PUD District as relates to the suitability of the building, site and development plans and any additional conditions which the Commission may feel necessary or appropriate.
(4)
Public hearing. The Plan Commission, before taking affirmative action to approve such petition, shall hold a public hearing pursuant to statutory provisions for zoning amendments. Notice for such hearing shall include reference to the consideration of the proposed project development plans coincident with the requested zoning change to PUD.
E.
Basis for approval. The Plan Commission, in making its recommendations, and the Village Board, in making its determination, shall give consideration and satisfy themselves as to the following:
(1)
Construction schedule. That the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following the approval of the project and requested overlay for the PUD District, and that the development will be carried out according to a reasonable construction schedule satisfactory to the Village.
(2)
Adequate professional assistance. That the project plan has been prepared with adequate professional assistance, especially as relates to justifying deviation from standards as set forth in the underlying basic zoning districts or from other development standards such as for streets and utilities, and to achieving Subsection E(3) and (4) below.
(3)
Conformity to Village Plan. That the project plan serves to implement the spirit and intent of the Village Plan, especially as relates to preservation of conservation areas and creation of common open spaces, and to creation of a more diversified and interesting use pattern than might otherwise result from application of underlying zoning patterns.
(4)
Achievement of purposes and benefits. That the project plan achieves the purpose for zoning as set forth in § 62.23(7)(c), Wis. Stats., and § 22-3 of this chapter, as well as the benefits of planned development projects as set forth in § 62.23(7)(b), Wis. Stats., and Subsection A(2) of this section.
(5)
Preservation and care of open space.
(a)
That the resultant common open space is suitable for its use as relates to location, access, size and shape, proposed degree of improvement for recreational use, or proposed degree of protection from damage if a natural area.
(b)
That adequate guarantee for retention of proposed private open spaces in their proposed uses and against building or other development (except as consistent with the open space objective) shall be accomplished by conveying to the municipality as part of the conditions of approval a land covenant to be approved by the Plan Commission and recorded at the County Register of Deeds office restricting the area as herein required.
(c)
That in the case of a private open space proposal, the care and maintenance of such open space shall be ensured either by establishment of an appropriate management organization or property owners' association for the project or by agreement with the municipality for establishment of a special service district for the project area on the basis of which the municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case, the Village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the Village.
(d)
That ownership and tax liability of private open space areas shall be established in a manner acceptable to the municipality and made a part of the conditions of the plan approval.
(e)
That adequate financial guarantee that such common open space will be developed or protected as proposed is made by the owners or developers in the form of bonds, sureties, or letters of credit acceptable to the Village pursuant to the procedures used in the building and platting of public streets.
(6)
Proposed residential developments.
(a)
That such development will create an attractive residential environment of sustained desirability and economic stability, including placement of structures in relation to terrain and soils, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the neighborhood.
(b)
That the population composition of the development will not result in adverse effect from that anticipated in the Village Plan upon the community's capacity to provide needed school or other municipal service facilities.
(c)
That adequate guarantee is provided for permanent retention as open area of open land area resulting from the application of these regulations either by dedication to the public or by private reservation as regulated by Subsection E(5) preceding.
(7)
Proposed commercial developments.
(a)
That the economic practicality of the proposed development can be justified on the basis of purchasing potential, competitive relationship, and demonstrated tenant interest.
(b)
That the proposed development will be adequately served by off-street parking and truck service facilities.
(c)
That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect on the general traffic pattern of the area.
(d)
That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the aesthetics, enjoyment or property values of the surrounding neighborhood.
(8)
Proposed industrial developments.
(a)
That the operational character, physical plant arrangement and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.
(b)
That the proposed development will have adequate provision for off-street parking and truck service areas and will be adequately served by rail or highway facilities.
(c)
That proposed development is properly related to the total transportation system of the community and will not result in adverse effect on the safety and efficiency of the public streets.
(9)
Proposed mixed-use developments.
(a)
That the proposed mixture of uses produces a unified composite which is compatible within itself and which, as a total development entity, is compatible with the surrounding neighborhood and consistent with the general objectives of the Village Plan.
(b)
That the various types of uses conform to the general requirements as hereinbefore set forth applicable to projects of such use character.
F.
Determination.
(1)
Denial or approval. The Village Board after due consideration, upon recommendation of the Plan Commission, may deny or approve the petition as submitted or approve the petition subject to changes or additional conditions.
(2)
Representations and conditions incorporated. The general or detailed approval of a petition and consequent amending of the Zoning Map by overlay of the PUD District shall be based upon, and thereby incorporate, all the representations contained in the petition and its accompanying written and other exhibits offered by the petitioner, as modified by the Village's part of the review and approval process.
(a)
General approval. Plans submitted for such an approval need not necessarily be completely detailed at the time of overlay zoning, provided that they are of sufficient detail to satisfy the Plan Commission and Village Board as to the general character, scope and appearance of the proposed development. Such preliminary plan shall at least designate the pattern of proposed streets and size and arrangement of lots as in the preliminary platting process, which may indeed also be involved, and the basic pattern of land use, with an illustration of a typical example, of the development proposed. The approval of such preliminary plan shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses, so that all detailed approvals are complete before an occupancy permit is required.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(b)
Detailed approval. Plans submitted for detailed approval shall be sufficiently complete that the factors normally associated with issuance of a zoning permit under this chapter, such as a developer's agreement or approval of a property division under Chapter 24, Subdivision and Platting, of this Code, are presented. Without prejudice because of enumeration, this can include information related to the following: § 22-110, Conditional uses, § 22-111, Building, site and operational plans, Article X, Performance Standards, and preliminary or final plats under Chapter 24, Subdivision and Platting, of this Code.
(3)
Subsequent changes. Proposed changes to approved project plans, judged insubstantial by the Plan Commission, may be approved by the Commission and added to the project file. Proposed changes which the Commission judges to be substantial shall require approval by the Village Board, after review and recommendation by the Commission and after public hearing as set forth in Subsection D(4) preceding.
(4)
Project terminations. Approved planned development projects, including those which have begun development under the terms of the approved project plan, may be modified so as to terminate all or some of the special conditions approved under the plan, in order to return to basic underlying zoning regulations for all or some of the developed or undeveloped portions of the project area.
(a)
Petition. Where the original project petitioners or their successors are able to initiate a petition, they may file a petition seeking project plan termination, suggesting how area already developed under the project plan may be made conforming to underlying zoning regulations, or how those areas might remain under a reduced area project plan. Where said original petitioners are no longer able to file such a petition, the Plan Commission may act as a petition filer.
(b)
Hearing and recommendations. When a petition is filed to terminate a project plan in whole or part, the Commission shall hold an informational hearing, notifying all affected parties, so that the Commission may learn what form of project plan termination would best serve the interests of all affected parties. The Commission shall then recommend to the Village Board such project plan modifications or termination as it deems appropriate. The Village Board shall treat said recommendation as a zoning petition and hold the necessary hearing before acting.
(c)
Determination. In the manner set forth in this subsection preceding, the Village Board shall act upon the petition. The project file and Zoning Map shall be appropriately modified with the changes adopted by the Board, and as necessary any land covenants, plats or other recorded documents amended as required to conform to the revised regulations, with the costs apportioned as directed by the Board.