Stoughton City Zoning Code

ARTICLE IX

PROCEDURES AND ADMINISTRATION

Sec. 78-901.- Purpose.

The purpose of this portion of the article is to establish the procedural requirements for zoning text amendments, zoning map amendments, conditional use review and approval, temporary use review and approval, sign permits, site plan review and approval, certificates of occupancy, variances, zoning provision interpretations by the zoning administrator, and appeals of zoning provision interpretations to the zoning board of appeals.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-902. - Amendment of zoning regulations.

(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 this chapter. (Refer to the requirements of Wisconsin Statutes 62.23(7)(d)).

(2)

Initiation of request for amendment of this chapter. Proceedings for amendment of this Ordinance may be initiated by any one of the following three methods:

(a)

An application by any member of the general public;

(b)

A recommendation of the plan commission; or

(c)

By action of the common council.

(3)

Application requirements. All applications for proposed amendments to this chapter, regardless of the party of their initiation per subsection 78-902(2) above shall be approved as complete by the zoning administrator prior to the formal initiation of this procedure. The submittal of an application to the zoning administrator to initiate this procedure shall not occur until the zoning administrator has certified acceptance of the complete application to the zoning administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the zoning administrator, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the zoning administrator, the applicant shall provide the zoning administrator with 15 copies of the complete application as certified by the zoning administrator. Said complete application shall be comprised of all of the following:

(a)

A copy of the portion of the current provisions of this chapter which are proposed to be amended, with said provisions clearly indicated in a manner which is clearly reproducible with a photocopier;

(b)

A copy of the text which is proposed to replace the current text; and

(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 recommendation of the comprehensive plan, particularly as evidenced by compliance with the standards set out in subsection 78-902(4)(c)1. through 4., below.

(4)

Review by the zoning administrator. The proposed text amendment shall be reviewed by the zoning administrator as follows:

(a)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the zoning administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the zoning administrator determines that the application is complete, he shall so notify applicant.

(b)

Upon notifying the applicant that his application is complete the zoning administrator shall review the application and evaluate and comment on the written justification for the proposed text amendment provided in the application per subsection 78-902(3)(a) through (c), above.

(c)

The zoning administrator may also evaluate the application to determine whether the proposed text amendment is in harmony with the recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards of subsection 78-902(4)(c)1. through 4., below:

The proposed text amendment furthers the purposes of this chapter as outlined in section 78-005.

The proposed text amendment furthers the purposes of the general article 0 n which the amendment is proposed to be located.

The proposed text amendment furthers the purposes of the specific section in which the amendment is proposed to be located.

The following factors have arisen that are not properly addressed in the current zoning text:

The provisions of this chapter should be brought into conformity with the comprehensive plan. (If a factor related to the proposed amendment, note pertinent portions of the Comprehensive Plan.);

A change has occurred in the land market, or other factors have arisen 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 providing infrastructure make it necessary to alter this chapter to meet these new factors;

Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.

If the proposed text amendment is concerned with the provisions of article II and/or III: The proposed amendment maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

(d)

The zoning administrator shall forward the review per subsection 78-902(4)(b), and if it has been prepared, the report per subsection 78-902(4)(c), 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.

(5)

Review and recommendation by the plan commission. The common council shall not make an amendment to this chapter without allowing an opportunity for a recommendation from the plan commission per the provisions of this subsection.

(a)

The zoning administrator shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the zoning administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. Said notice shall contain a description of the proposed text change. In addition, at least ten days before said public hearing, the city clerk shall mail an identical notice to the applicant, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

(b)

Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the plan commission), the zoning administrator may make a written report to the common council and/or may state in the minutes, its findings regarding subsection 78-902(4), above, and its recommendations regarding the application as a whole. Said report and/or minutes may include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsection 78-902(4)(c)1. through 4., above.

(c)

If the zoning administrator fails to make a report within 60 days after the filing of said complete application (and in the absence of a applicant-approved extension (per subsection 78-902(5)(b), above), then the common council may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report and/or minutes from the plan commission per subsection 78-902(5)(b), above, shall not invalidate the proceedings or actions of the common council. If such a public hearing is necessary, the common council shall provide notice per the requirements of 78-902(5)(a), above.

State Law reference— Section 62.23(7)(d).

(d)

If the plan commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in subsection 78-902(4)(c)1. through 4., above, after taking into consideration the proposal by the applicant.

(6)

Review and action by the common council. The common council shall consider the plan commission's recommendation regarding the proposed text amendment. The common council may request further information and/or additional reports from the plan commission, zoning administrator, and/or the applicant. The common council may take final action (by ordinance) on the application at the time of its initial meeting, or may continue the proceedings, at the common council's, or the applicant's request. The common council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the zoning administrator, the plan commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. If the common council wishes to make significant changes in the proposed text amendment, as recommended by the plan commission, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes 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.

(7)

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.

(8)

Fee. A fee may be required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010)

Sec. 78-903. - Amendment of official zoning map.

(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 (see section 78-103). (Refer to the requirements of Wisconsin Statutes 62.23(7)(d)).

(2)

Initiation of request for amendment to official zoning map. Proceedings for amendment of the official zoning map may be initiated by any one of the following:

(a)

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

(b)

A recommendation of the plan commission; or

(c)

By action of the common council.

(3)

Application requirements. All applications for proposed amendments to the official zoning map, regardless of the party of their initiation per subsection 78-903(2), above, shall be filed in the office of the zoning administrator, and shall be approved as complete by the zoning administrator prior to the formal initiation of this procedure. The submittal of an application to the zoning administrator to initiate this procedure shall not occur until the zoning administrator has certified acceptance of the complete application to the zoning administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the zoning administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the zoning administrator, the applicant shall provide the zoning administrator with 15 copies of the complete application as certified by the zoning administrator. Said application shall be comprised of the following:

(a)

A map of the subject property showing all lands for which the zoning is proposed to be amended, and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as they appear on the current tax records of the City of Stoughton. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided; the zoning administrator may provide this list;

(b)

A map, such as the planed land use map, of the generalized location of the subject property in relation to the city as a whole; and

(c)

As an optional requirement, the applicant may provide justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards set out in subsection (4)(c)1. through 3., below.

(4)

Review by the zoning administrator. The proposed amendment to the official zoning map shall be reviewed by the zoning administrator as follows:

(a)

(b)

Upon notifying the applicant that his application is complete, the zoning administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application per subsection (3)(c), above.

(c)

The zoning administrator may also evaluate the application to determine whether the proposed zoning map amendment is in harmony with the recommendations of the Comprehensive Plan, as evaluated per the standards of subsection (4)(c)1. through 3., below:

Does the proposed official zoning map amendment further the purposes of this chapter as outlined in section 78-005 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA)?

Have one or more of the following factors arisen that are not properly addressed on the current official zoning map?:

The designations of the official zoning map is not in conformity with the comprehensive plan;

A mistake was made in mapping on the official zoning map. (That is, an area is developing in a manner and purpose different from that for which it is mapped.) NOTE: 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 the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes) making the subject property more appropriate for a different zoning district;

Growth patterns or rates have changed, thereby creating the need for an amendment to the official zoning map.

Does the proposed amendment to the official zoning map maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

(d)

The zoning administrator shall forward the review per subsection (4)(b), and if it has been prepared, the report per subsection (4)(c), to the plan commission for the commission's review and use in the 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.

(5)

Review and recommendation by the plan commission. The common council shall not make an amendment to the official zoning map without allowing an opportunity for a recommendation from the plan commission per the provisions of this subsection.

(a)

The zoning administrator shall schedule a reasonable time and place for a public hearing to consider the application within 45 days of the acceptance and determination of the complete application as determined by the zoning administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. Said notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least ten days before said public hearing, the city clerk shall mail an identical notice to the applicant; to all property owners within 300 feet of the boundaries of the subject property as identified in subsection (3)(a), above; and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

(b)

Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the plan commission), the plan commission may make a written report to the common council and/or may state in the minutes, its findings regarding subsection (4), above, and its recommendations regarding the application as a whole. 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)(c)1. through 3.

(c)

If the plan commission fails to make a report within 60 days after the filing of said complete application (and in the absence of an applicant-approved extension per subsection (5)(b), above), then the common council may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report from the plan commission per subsection (5)(b), above, shall not invalidate the proceedings or actions of the common council. If such a public hearing is necessary, the common council shall provide notice per the requirements of subsection (5)(a), above.

State Law reference— Section 62.23(7)(d).

(d)

If the plan commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in subsections (4)(c)1. through 3., above, after taking into consideration the proposal by the applicant.

(6)

Review and action by the common council. The common council shall consider the plan commission's recommendation regarding the proposed amendment to the official zoning map. The common council may request further information and/or additional reports from the plan commission, the zoning administrator, and/or the applicant. The common council may take final action (by ordinance) on the application to the official zoning map at the time of its initial meeting, or may continue the proceedings, at the common council's, or the applicant's request. The common council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the zoning administrator, the plan commission, authorized outside experts, or its own members) or may deny approval of the proposed amendment. If the common council wishes to make significant changes in the proposed amendment to the official zoning map, as recommended by the plan commission, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes 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 planning commission or of a protest against such change signed and acknowledged by the owners of 20 percent 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.

(7)

(8)

Fee. A fee may be required for this procedure. Refer to section 78-919.

(9)

Floodland District boundary changes limited. The common council shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this chapter or in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).

(a)

Changes in the Floodway Overlay District boundaries shall not be permitted where the change will increase the flood stage elevation by 0.1 foot or more, unless the applicant has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. The only way the 1.0 foot limit may be exceeded is through filing of a federal waiver for a specific project that necessarily exceeds the one foot increase in flood elevation. Applications for Floodway Overlay District changes shall show the affects of the change within the associated flood fringe, and shall provide adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.

(b)

Changes in the Floodplain Conservancy Overlay District boundaries shall not be permitted where the change will increase the flood stage elevation by 0.1 foot or more, unless the application has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. In no event shall a change be permitted that would increase the flood stage elevation by more than 1.0 foot. Applications for Floodplain Conservancy Overlay District changes shall show the affects of the change within the associated flood fringe, and shall provide adjusted water surface profiles and adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.

(c)

Removal of land from the floodland districts shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the regional flood and provided that such land is contiguous to lands lying outside of the floodlands.

(d)

Amendment of floodlands which were delineated by approximate methods shall not be permitted unless the applicant provides the city with engineering data showing the flood profile, necessary river cross-sections, flood elevations, and any effect the establishment of a floodway/flood fringe will have on flood stages. The effects shall be limited as set forth above for changes in subsection (9)(a) and subsection (9)(b) above. If the approximate flood zone is less than five acres in area, and where the cost of the proposed development is estimated to be less than $125,000.00, the department of natural resources (DNR) will assist the applicant in determining the required flood elevations.

(e)

No river or stream shall be altered or relocated until a flood-land zoning change has been applied for and granted in accordance with the requirements of this section, and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The flood carrying capacity of the altered or relocated watercourse shall not be reduced to less than the flood carrying capacity before the water-course was altered or relocated.

(f)

Notice to and approvals by DNR and FEMA. A copy of all notices for amendments or rezoning in the Floodland Districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) at least ten days prior to the public hearing. No amendments to the floodland district boundaries or regulations shall become effective until approved by the DNR and reviewed by the FEMA. In the case of floodland district boundary changes, an official letter of map amendment from the FEMA may also be required.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-904. - Zoning permit.

(1)

Application. Applications for a zoning permit shall be made to the zoning administrator on forms furnished by the administrator and shall include the following where pertinent and necessary for proper review:

(a)

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

(b)

Description of the subject site by address, type of structure, existing and proposed operation or use of the structure or site, number of employees, and the zoning district within which the subject site lies.

(c)

Detailed site plan or, if required by the city zoning administrator, a plat of survey prepared by a land surveyor registered in Wisconsin showing the location, boundaries, dimensions, uses and size of the following: Subject site; existing and proposed structures; existing and proposed easements; streets and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; high water, channel floodway, and floodplain boundaries; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show slope and boundaries of soils.

(d)

Additional information as may be required by the plan commission or zoning administrator.

(e)

Fees paid as specified in subsection (2) of this section.

(f)

A zoning permit shall be granted or denied by the zoning administrator in writing within 30 days of the complete application submittal. If permit is granted, the applicant shall post such permit in a conspicuous place at the site, such as an inside front window of the home. The permit shall expire 12 months from the date of permit issuance unless work has been started. As long as the project has been started within the 12 months after the date of permit issuance, the permit is valid for 24 months after the date of permit issuance. Once expired, the applicant shall reapply for a zoning permit before recommencing work. Any permit issued in conflict with the provisions of the chapter shall be null and void.

(2)

Fees.

(a)

An application fee is required and is set by city resolution.

(b)

Zoning permit fees do not include, and are in addition to, building permit fees established by the city building code.

(c)

A double fee shall be charged by the zoning administrator if work is started before a permit is applied for and issued. Such fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010; Ord. No. 0-6-2022, 3-8-2022)

Sec. 78-905. - Conditional use review and approval procedures.

(1)

Purpose.

(a)

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. (Refer to the requirements of Wisconsin Statutes 62.23.)

(b)

Certain uses in situations which are of a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this ordinance of specific standards, regulation or conditions which would permit such determination in each individual situation, may be permitted as conditional uses.

(c)

Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate, to the satisfaction of the city, that the proposed conditional use will not create undesirable impacts on nearby properties, the environment, nor the community as a whole.

(2)

Limited conditional uses. Limited conditional uses are the same as regular conditional uses excepting that further, in considered findings of the common council and the granting thereof, because of any of the following should be of lesser permanence than regular conditional uses, and the duration or term of existence may be established until time certain or be limited to a future happening or event at which time the same shall terminate:

(a)

Their particularly specialized nature.

(b)

Their particular locations within a district.

(c)

The peculiar unique relationships or needed compatibility of uses to involved individuals.

(d)

Any other reason(s) the common council deems specially relevant and material to delimit the scope thereof.

(3)

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

(4)

Application requirements. All applications for proposed conditional uses, regardless of the party of their initiation per subsection (3) above, shall be approved as complete by the zoning administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the city clerk to initiate this procedure shall not occur until the zoning administrator has certified acceptance of the complete application to the city clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the zoning administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the city clerk, the applicant shall provide the city clerk with ten copies of the complete application as certified by the zoning administrator. Said complete application shall be comprised of all of the following:

(a)

A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the 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 Dane County (as provided by the City of Stoughton). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

(b)

A map, such as the planned land use map, of the generalized location of the subject property in relation to the city as a whole;

(c)

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

(d)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of subsection 78-908(3). If the proposed conditional use is a large development (per subsection 78-205(11)), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per section 78-908;

(e)

As an optional requirement, the applicant may provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in subsections 78-905(5)(c)1. through 6., below.

(5)

Review by the zoning administrator. The proposed conditional use shall be reviewed by the zoning administrator as follows:

(a)

(b)

Upon notifying the applicant that his application is complete the zoning administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per subsection (4)(e), above.

(c)

The zoning administrator may also evaluate the application to determine whether the request is in harmony with the recommendations of the comprehensive plan, particularly as evaluated by the standards of subsection (5)(c)1. through 6., below:

Is the proposed conditional use (the use in general, independent of its location) in harmony with the purposes, goals, objectives, policies and standards of the City of Stoughton Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city?

Is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the City of Stoughton comprehensive plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city?

Does the proposed conditional use, in its proposed location and as depicted on the required site plan (see subsection (4)(d), above), 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 be developed as a result of the implementation of the provisions of this chapter, the comprehensive plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the city or other governmental agency having jurisdiction to guide development?

Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

Is the proposed conditional use 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?

Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use (as identified in subsections 1. through 5., above), after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts?

(d)

The zoning administrator shall forward the review(s) per subsection (5)(b), and if it has been prepared, the report per subsection (5)(c), 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)

Review and recommendation by the plan commission. The common council shall not approve a conditional use without allowing an opportunity for a recommendation from the plan commission per the provisions of this section.

(a)

The plan commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the zoning administrator. The applicant may appear in person, or by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. Said notice shall contain a description of the subject property and the proposed conditional use. In addition, at least ten days before said public hearing, the city clerk shall mail an identical notice to the applicant, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.

(b)

Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the plan commission), the plan commission may make a written report to the common council, and/or may state in the minutes its findings regarding subsection (4), above, and its recommendations regarding the application as a whole. Said report and/or minutes may include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsections (5)(b)1. through 6, above.

(c)

If the plan commission fails to make a report within 60 days after the filing of said complete application (and in the absence of an applicant-approved extension per subsection (6)(b), above), then the common council hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report from the plan commission per subsection (6)(b), above, shall not invalidate the proceedings or actions of the common council. If such a public hearing is necessary, the common council shall provide notice per the requirements of subsection (6)(a), above.

State Law reference— State Law Reference: Section 62.23(7)(d).

(d)

If the plan commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed conditional use, as identified in subsection (5)(c) above, after taking into consideration the proposal by the applicant.

(7)

Review and action by the common council. The common council shall consider the plan commission's recommendation regarding the proposed conditional use. The common council may request further information and/or additional reports from the plan commission, the zoning administrator, the applicant, and/or from any other source. 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 applicant's request. The common council may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the zoning administrator, the plan commission, authorized outside experts, its own members, and/or from any other source) or may deny approval of the proposed conditional use. 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 Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to common council action. Any action to amend the provisions of proposed conditional use requires a majority vote of the common council. The common council's approval of the proposed conditional use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.

(8)

(9)

Termination 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 section 78-908. Once a conditional use is granted, no erosion control permit, site plan approval (per section 78-908), certificate of occupancy (per section 78-909), 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 subsections (6) and (7), above.

(10)

Time limits on the development of conditional use. 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).

(11)

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.

(12)

Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any conditional use in violation as approved per subsection (7) above, without approval by the common council, shall be considered in violation of the zoning ordinance and shall be grounds for revocation of said conditional use approval per subsection (9), above. For bed and breakfast land uses the granting of a conditional use permit shall be valid while said property is owned by the owner at time of conditional use approval.

(13)

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 county register of deeds office.

(14)

Notice to the DNR. The plan commission shall transmit a copy of each application for a conditional use for conservancy regulations in the Shoreland-Wetland, Floodway, Floodplain Conservancy, or Floodway Fringe Overlay Zoning Districts to the Wisconsin Department of Natural Resources (DNR) for review and comment at least ten days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the DNR within ten days of the date of such decision.

(15)

Uses now regulated as conditional uses which were approved as legal land uses—Permitted by right or as conditional uses—Prior to the effective date of this chapter. 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 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.

(16)

Fees. One or more fees are required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010; Ord. No. 0-4-2011, § 151, 5-10-2011; Ord. No. 0-26-2020, 12-8-2020)

Sec. 78-906. - Temporary use review and approval procedures.

(1)

Purpose.

(a)

The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary use.

(b)

Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent this from occurring, all temporary uses are required to meet certain requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.

(2)

Application requirements. All applications for proposed temporary uses, shall be approved as complete by the zoning administrator prior to review of the proposed temporary use. Said complete application shall be comprised of all of the following:

(a)

A written description of the proposed temporary use describing the type of activities proposed for the subject property and their specific locations.

(b)

A site plan of the subject property is required. Said site plan shall conform to all applicable requirements of subsection 78-908(3) as determined by the zoning administrator.

(3)

Approval by the zoning administrator. The zoning administrator shall approve any application for a temporary use that is complete and complies with the requirements applicable to the temporary use.

(4)

Fee. A fee shall be required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010; Ord. No. 0-13-2021, § 24, 6-8-2021)

Sec. 78-907. - Sign permit.

(1)

Purpose. The purpose of this section is to provide a procedure and requirement for obtaining a sign permit prior to the erection of certain signs.

(2)

General requirement. Unless specifically exempted by article VIII, no sign shall be erected, altered, or relocated after the effective date of this chapter (see section 78-011) until a sign permit has been secured from the zoning administrator.

(3)

Application requirements. All applications for sign permits shall be made in writing on a form supplied by the City of Stoughton Zoning Administrator. Said application shall be submitted with all required information provided and shall contain or have attached thereto the following information:

(a)

The approved site plan for the subject property (per section 78-908), (or if not previously required, a site plan for the subject property with requirements as determined by the zoning administrator), showing the location and dimensions of all buildings, structures, and signs on the subject property; said subject property boundaries; and the location of the proposed sign;

(b)

The configuration of the proposed sign listing the height, width, total square footage, method of attachment, method of illumination, and sign materials;

(c)

The subject property's zoning designation; and

(d)

The total area, and the total number, of all signs on the subject property both before and after the installation of the proposed sign.

(4)

Procedure. The zoning administrator shall review the submitted application for compliance with the requirements of subsection (3), above and per section 78-803. Upon the receipt of a complete application, the zoning administrator shall review said application for compliance with the requirements of this chapter.

(5)

Termination of a sign permit. Any sign 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.

(6)

Fee. A fee may be required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010)

Sec. 78-908. - 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 all proposed land use and development activity complies with the requirements of this chapter. Specifically, this Section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) require the approval of site, building and operational plans by the city plan commission before the building, occupancy, and building permits can be issued-except, however, that development activity associated with an approved final plat of subdivision or certified survey map for single-family and/or duplex/twin home dwelling units, and development activity associated with the full and complete implementation of a project approved within the SIP phase of the Planned Development [PD] is exempt from this requirement.

(2)

Procedure.

(a)

Initiation of request for approval of a site plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).

(b)

Pre-application meeting. The applicant shall first meet with the zoning administrator and other applicable city staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the applicant on technical requirements and procedures, and a timetable for project review may be discussed.

(c)

Application for site plan review. The applicant shall apply to the zoning administrator for the scheduling of an appearance before the plan commission. The zoning administrator shall notify the applicant of the date and time of the applicable plan commission meeting. The appearance before the plan commission shall not be scheduled unless the application is approved as complete by the zoning administrator per the requirements of subsection (3), below. The review of the submitted application shall be completed within ten working days of application submittal. Once the application is approved as complete, the zoning administrator may schedule a meeting with city staff a minimum of two weeks from the date of complete application acceptance.

(3)

Application requirements. All applications for proposed site plans shall be approved as complete by the zoning administrator prior to the formal initiation of this procedure. The submittal of an application to the zoning administrator to initiate this procedure shall not occur until the zoning administrator has certified acceptance of the complete application. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. Said complete application shall be comprised of all of the following, unless specific application requirements are waived in writing by the zoning administrator:

(a)

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

Existing zoning district(s) (and proposed zoning district(s) if different);

Planned Land Use Map designation(s);

Natural Resources Site Evaluation Worksheet (section 78-303);

Current land uses present on the subject property;

Proposed land uses for the subject property (per section 78-206);

Projected number of residents, employees, and daily customers;

Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area, and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface area ratio;

Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation;

Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in article VIII including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of article VIII), then the statement "The proposed development shall comply with all requirements of Article VIII." shall be provided;

10.

Exterior building and fencing materials (sections 78-716 and 78-718);

11.

Possible future expansion and related implications for 1 through 10, above, and:

12.

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 at 11 inches by 17 inches showing the subject property and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the city's planned land use map with the subject property clearly indicated shall suffice to meet this requirement.)

(c)

A property site plan drawing (and reduction at 11 inches by 17 inches) which includes:

A title block which indicates the name, address and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for project;

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

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

A legal description of the subject property;

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;

All required building setback lines;

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

The location and dimension (cross-section and entry throat) of all access points onto public streets;

10.

The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter;

11.

The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas;

12.

The location of all outdoor storage areas and the design of all screening devices;

13.

The location, type, height, size and lighting of all signage on the subject property;

14.

The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property-including the clear demonstration of compliance with section 78-707;

15.

The location and type of any permanently protected green space areas;

16.

The location of existing and proposed drainage facilities; and

17.

In the legend, data for the subject property:

Lot area;

Floor area;

Floor area ratio (b/a);

Impervious surface area;

Impervious surface ratio (d/a); and

Building height.

(d)

A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas, and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of article VI. (NOTE: the individual plant locations and species, fencing types and heights, and berm heights must be provided.)

(e)

A grading and erosion control plan at the same scale as the main plan (and reduction at 11 inches by 17 inches) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the city engineer.

(f)

Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings. (Refer to section 78-716.)

(g)

A certified survey may be required by the zoning administrator in instances where he determines compliance with setback requirements may be difficult. The survey shall be prepared by a registered land surveyor and shall depict property lines and proposed buildings, structures, and paved areas.

(h)

A detailed photometric plan that shows the impact of all exterior light fixtures based on the proposed fixture's pole heights and light bulb needs depicting resulting lighting levels across the entire property to the property lines rounding to the nearest 0.10 foot candles, and depicting an illumination limit of 0.50 foot candles. The 0.50 foot candle line cannot extend beyond the property line. The plan must be in compliance with lighting performance standards in subsection 78-707(4)(b).

(i)

A development impact study is required for all forms of development that require site plan approval. This requirement shall apply for any development requiring a site plan, including instances where no land division is promised.

(j)

A detailed site analysis shall be required for any lot or parcel containing a protected natural resource covered in article V, as determined by city staff. These protected natural areas include: floodplains, shoreland-wetlands, lakeshores, woodlands, and steep slopes. The analysis must be submitted using the following submission and review process:

Purpose. The detailed site analysis required by this article is designed to provide the clear identification of permanently protected green space areas on a site which is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties containing permanently protected natural resource areas.

Description. The detailed site analysis shall be shown on a map of the subject property which depicts the location of all protected natural resource areas, as defined by the provisions of this article. The detailed site analysis shall meet the following requirements:

Scale. A minimum scale of one inch equals 200 feet shall be used.

Topography. Topographic information is not required for any property which does not contain steep slopes (as designated on the official zoning map). For such properties, topographic information with a minimum contour interval of two feet is required.

Specific natural resources areas. All natural resources areas which require protection under the provisions of this chapter shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.

Development pads.

All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits, and the recorded plat of subdivision or certified survey map.

Beyond visible damage to natural resources, vegetation, soil, and drainage patterns, site disruption activities shall not compact soil covering tree roots, or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches, whose canopies are located adjacent to disturbed areas, which die within a period of five years following site disruption shall be replaced by the owner with a three-inch caliper tree of the same type (canopy or understory). Therefore, care shall be taken to ensure that equipment and actions associated with permitted site disruption activities are limited to the area in which they are permitted. The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth, and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge.

Mitigation areas. All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site map with notations provided which describe the mitigation techniques employed.

Required procedure for submission and review.

Required timing of submission. The detailed site analysis map shall be submitted to the zoning administrator for initial review prior to, or concurrently with, the submission of the preliminary plat of subdivision or the certified survey map; or if the proposed development does not involve a land division then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of a concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property which has been previously approved by city staff may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.

Review by city staff. City staff shall review the submitted detailed site analysis map for general compliance with the following data sources. The zoning administrator may provide the petitioner with a written evaluation of the submitted detailed site analysis map which shall indicate the acceptance by city staff; or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.

The official zoning map;

Applicable 1982 USGS 7.5 minute topographic maps for the City of Stoughton and its environs;

Air photos of the subject property;

USGS Quads and other sources of topographic information;

Applicable FEMA and related floodplain maps;

Applicable federal and state wetland inventory maps;

The City of Stoughton Comprehensive Plan; and

Site visits.

Modification of detailed site analysis map. If necessary, as determined by city staff, revised detailed site analysis maps shall be prepared and submitted for review by city staff, until a version is deemed acceptable. Staff review of the detailed site analysis may be appealed to the zoning board of appeals as a matter of ordinance interpretation. (See section 78-911.)

Acceptance of detailed site analysis map. Upon notification of acceptance by city staff (or, in case of appeal, by determination of the zoning board of appeals), the petitioner may proceed with the submittal of necessary development documents.

Integration of detailed site analysis information with required development and/or land division. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas), shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed plat of subdivision or certified survey map.

(k)

A floor plan and seating arrangement for all entertainment and assembly uses, such as auditoriums and sanctuaries.

(4)

Review by the plan commission.

(a)

The plan commission, in its consideration of the submitted complete application, shall take into account the basic intent of the zoning ordinance to ensure attractive, efficient, and appropriate development of land in the community, and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The plan commission, in reviewing the application may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the plan commission may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the plan commission, or may approve the application subject to the provision of a revised application reflecting the direction of the plan commission to the satisfaction of the zoning administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the plan commission.

(b)

In reviewing said application the plan commission may make findings on each of the following criteria to determine whether the submitted site plan shall be approved, approved with modification, or denied:

All standards of the zoning ordinance and other applicable city, state and federal regulations are met.

The public health and safety is not endangered.

Adequate public facilities and utilities are provided.

Adequate control of stormwater and erosion are provided and the disruption of existing topography, drainage patterns, and vegetative cover is maintained insofar as is practical.

Appropriate traffic control and parking are provided.

Appropriate landscaping and open space areas are provided.

The appearance of structures maintains a consistency of design, materials, colors, and arrangement with nearby properties of similar use, which comply with the general architectural guidelines provided in subsections a. through e. below:

Exterior construction materials shall be consistent with section 78-716.

Exterior building design or appearance shall not be of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

Exterior building design or appearance shall not be so identical with nearby buildings so as to create excessive monotony or drabness. A minimum of five basic home styles shall be provided in each residential subdivision.

Exterior building design or appearance shall not be constructed or faced with an exterior material which is aesthetically incompatible with other nearby buildings or which presents an unattractive appearance to the public and from surrounding properties.

Exterior building, sign, and lighting design or appearance shall not be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area.

(5)

Initiation of land use or development activity. Except with the written permission of the zoning administrator, absolutely no land use or development activity, including site clearing, grubbing, or grading shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.

(6)

Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of subsections (2) and (4), above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.

(7)

Sunset clause. All buildings on an approved site plan not fully developed within two years of final plan commission approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The plan commission may extend this period, as requested by the applicant, through the site review process.

(8)

Fee. A fee may be required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-13-2014, § 8, 7-8-2014; Ord. No. 0-19-2014, §§ 4, 5, 8-26-2014)

Sec. 78-909. - Certificate of occupancy.

(1)

Purpose. The purpose of this section is to provide regulations governing the review and approval of certificates of occupancy. This procedure is required to ensure completed development complies with the approved site plan (per the requirements of section 78-908), and the requirements of this chapter as a whole.

(2)

Land uses and development requiring a certificate of occupancy. Certificates of occupancy shall be required for any of the following:

(a)

Occupancy and use of a building or structure hereafter erected or structurally altered.

(b)

New occupancy and use of an existing building when the new use is of a different land use classification (a different line in Table 78-203).

(c)

Occupancy and use of vacant land.

(d)

New use of vacant land when the new use is of a different land use classification (a different line in Table 78-203).

(e)

Any change in the use of a nonconforming use. No such occupancy, use of change of use shall take place until a certificate of occupancy therefor shall have been issued by the building inspector superintendent.

(3)

Issuance of certificate of occupancy.

(a)

Every application for a building permit shall also be deemed to be an application for a certificate of occupancy for a new building or for an existing building which is to be substantially altered or enlarged as determined by the zoning administrator. Such certificate shall be issued within ten working days after a written request for the same has been made to the building inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

(b)

Written application for a certificate of occupancy for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the building inspector; if the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within ten working days after the application therefor has been made.

(c)

Every certificate of occupancy shall state that both the building, and the proposed use of a building or land, substantially complies with all provisions of this chapter. A record of all certificates of occupancy shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

(4)

Termination of a certificate of occupancy. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in subsection (2), above, without having first obtained a certificate of occupancy. Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the building inspector, he shall forthwith revoke the certificate of occupancy, by notice in writing to be delivered by him to the holder of the void certificate upon the premises where the violation has occurred, or if such holder be not found there, by mailing the said notice of revocation by certified letter to his last known address. Any person who shall proceed thereafter with such work or use without having obtained a new certificate of occupancy shall be deemed guilty of violation of this chapter.

(5)

Fee. A fee may be required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-910. - Variance review and approval procedures.

(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 Wisconsin Statutes 62.23(7)(e)(7).

(2)

Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by:

(a)

An application of the owner(s) or their authorized agent of the subject property.

(3)

Application requirements. All applications for requested variances shall be approved as complete by the zoning administrator a minimum of two weeks prior to the initiation of this procedure. The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the zoning administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the zoning administrator determines that the application is complete, he shall so notify applicant. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the zoning administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the city, the applicant shall provide the city copies of the complete application as certified by the zoning administrator. Said complete application shall be comprised of all of the following:

(a)

A map of the subject property showing all lands for which the variance is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the 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 Dane County (as determined by the City of Stoughton). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

(b)

A map, such as the planned land use map, of the generalized location of the subject property in relation to the city as a whole;

(c)

A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property;

(d)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of subsection 78-908(3); and,

(e)

Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the standard set out in subsections (4)(c)1. through 6., below.

(4)

Review by the zoning administrator. The requested variance shall be reviewed by the zoning administrator as follows:

(a)

(b)

Upon notifying the applicant that his application is complete, the zoning administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application per subsections (4)(b) 1. through 6., below.

What exceptional or extraordinary circumstances or special factors are present which apply only to the subject property? The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:

The hardship or difficulty shall be peculiar to the subject property and different from that of other properties, and not one which affects all properties similarly. Such a hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the property was created before the passage of the current, applicable zoning regulations, and is not economically suitable for a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed;

Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance;

Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of said property below buildable size or cutting-off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships;

Violations by, or variances granted to, neighboring properties shall not justify a variance;

The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.)

In what manner do the factors identified in subsection (4)(b) 1., above, prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.

Would the granting of the proposed variance be of substantial detriment to adjacent properties? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.

Would the granting of the proposed variance as depicted on the required site plan (see subsection (3)(d), above), result in a substantial or undue adverse impact on 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 be developed as a result of the implementation of the intent, provisions, and policies of this chapter, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the city or other governmental agency having jurisdiction to guide growth and development? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.

Have the factors which present the reason for the proposed variance been created by the act of the application or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan, or orientation, lotting pattern, or grading) after the effective date of this chapter (see section 78-011.) The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant, a previous property owner, or their agent.

Does the proposed variance involve the regulations of section 78-203 (Table of Land Uses)? The response to this question shall clearly indicate that the requested variance does not involve the provisions of this section.

(c)

The zoning administrator may also evaluate the application to determine whether the request is in harmony with the recommendations of the City of Stoughton's Comprehensive Plan.

(d)

The zoning administrator shall forward the report per subsection (4)(b) and, if prepared, the report per subsection (4)(c) to the zoning board of appeals for the board's review and action. If the zoning administrator determines that the proposal may be in conflict with the provisions of the city's zoning ordinance and comprehensive plan, the zoning administrator shall note this determination in the report.

(5)

Review and determination by zoning board of appeals.

(a)

Within 30 days after filing of the complete application as determined by the zoning administrator, the zoning board of appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of Section 62.23(7)(d) of Wisconsin Statutes. Said notice shall contain a description of the subject property and the proposed variance per subsections (3)(a) and (c), above. In addition, at least ten days before said public hearing, the city shall mail an identical notice to the applicant of the proposed variance; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property; and to all property owners within 300 feet of the boundaries of the subject property as identified in subsection (3)(a), above. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

(b)

Within 30 days after the holding of the public hearing (per subsection (5)(a), above, or, within an extension of said period approved by the applicant and granted by the zoning board of appeals), the zoning board of appeals make its findings per subsection (4), above, and its determination regarding the application as a whole. 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. The zoning board of appeals shall make a written report of its findings and determinations following its determination.

(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.

(d)

Said report shall include a formal findings of facts developed and approved by the zoning board of appeals concerning the requirements of subsection (4)(b)1. through 6., above.

(6)

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.

(7)

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.

(8)

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— Section 62.23(7)(e)5., Wisconsin Statutes.

(9)

Notice to the DNR. The zoning board of appeals shall transmit a copy of each application for a variance to conservancy regulations in the Shoreland-Wetland, Floodway, Floodplain Conservancy, or Floodway Fringe Overlay Zoning Districts, and a copy of all Shoreland floodland appeals, to the Wisconsin Department of Natural Resources (DNR) for review and comment at least ten days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to shoreland conservancy regulations or to floodland regulations, and a copy of all decisions to shoreland conservancy and floodland appeals, shall be transmitted to the DNR within ten days of the date of such decision.

(10)

Fee. A fee may be required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-911. - 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:

(a)

an application of the owner(s) of the subject property;

(b)

a recommendation of the plan commission;

(c)

by action of the common council, or

(d)

by a request by the zoning administrator.

(3)

Application requirements. All applications for interpretations, regardless of the party of their initiation per subsection (2) above, shall be approved as complete by the zoning administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the city clerk to initiate this procedure shall not occur until the zoning administrator has certified acceptance of the complete application to the city clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the zoning administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the city clerk, the applicant shall provide the city clerk with ten copies of the complete application as certified by the zoning administrator. Said complete application shall be comprised of all of the following:

(a)

All requests for interpretations shall clearly indicate the part 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:

A map of the subject property showing all lands for which the interpretation is requested, and all other lands within 200 feet of the boundaries of the subject property, together with the 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 Dane County as provided by the City of Stoughton. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A map, such as the planned land use map, of the generalized location of the subject property in relation to the city as a whole;

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; and,

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of subsection 78-908(3).

(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 of Stoughton'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?

Do the potential public benefits of the proposed interpretation outweigh any and all potential adverse impacts of the proposed interpretation?

(4)

Review by zoning administrator.

(a)

(b)

Upon notifying the applicant that the application is complete, and within 30 days of such filing, the zoning administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application per subsection (3), above. This review shall also take into consideration the standards for review presented in subsection (5), below. The zoning administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the City of Stoughton'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 city's comprehensive plan, the zoning administrator shall note this determination in the report.

(5)

Standards for review of requested interpretations. This chapter shall be interpreted in a manner which is consistent with the purposes intended by the City of Stoughton 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.

Rationale: 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.

Rationale: 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 (either the adjoining 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 adjoining 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 of the City of Stoughton. 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 (3) 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 section 78-202).

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 sections 78-202 and 78-206).

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 sections 78-102 and 78-202).

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 section 78-905.

(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 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)

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.

(8)

Fee. A fee may be required for this procedure. Refer to section 98-919.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010)

Sec. 78-912. - 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 section 78-911 as provided for by Wisconsin Statutes 62.23(7)(e)(7).

(2)

Initiation of request for review of zoning interpretation. 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)

Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of subsection (4), 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 45-day period shall constitute a final and binding waiver of the right to appeal said interpretation.

(4)

Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per subsection (2) above, shall be filed in the office of the zoning administrator, and shall be approved as complete by the zoning administrator a minimum of two weeks prior to the initiation of this procedure. The zoning administrator shall forward copies of said complete application to the office of the city clerk, and to the zoning board of appeals. Said complete application shall be accompanied by all of the following:

(a)

A copy of pertinent items in the file on the matter at hand maintained by the zoning administrator, 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, based upon an analysis of the zoning administrator's interpretation. This statement shall be dated and signed by the applicant.

(5)

Review by the zoning administrator. The submitted appeal shall be reviewed by the zoning administrator in the following steps:

(a)

(b)

Upon notifying applicant that the application is complete, the zoning administrator shall review the application and shall evaluate and comment on the written justification for the appeal to the zoning board of appeals as submitted by the applicant. The zoning administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the City of Stoughton's Comprehensive Plan.

(c)

The zoning administrator shall forward a report to the zoning board of appeals for review and action. If the zoning administrator determines that the proposal may be in conflict with the provisions of the city's comprehensive plan or zoning ordinance, the zoning administrator shall note this determination in the report.

(6)

Review and action by the zoning board of appeals.

(a)

Within 45 days after the filing of the complete application as determined by the zoning administrator, the zoning board of appeals shall schedule a reasonable time and place for a public hearing to consider the application. Notice of the appeal and said public hearing shall conform to Section 63.23(7)(d) of the Wisconsin Statutes. Said notice shall contain a description of the issue per subsection (4)(b), above. At least ten days before said public hearing, the planning staff shall mail an identical notice to the applicant; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter; and to any property owner within 300 feet of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

(b)

Within 60 days after the filing of the complete application as determined by the zoning administrator (or, within an extension of said period requested in writing by the applicant and granted by the zoning board of appeals), the zoning board of appeals make its findings per subsection (3), above. 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 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.

(c)

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.

(7)

Effect 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.

(8)

Limited effect of 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.

(9)

Fee. A fee may be required for this procedure. Refer to section 78-919.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010)

Sec. 78-913. - Reserved.

Editor's note— Ord. No. 0-24-2018, § 1, adopted Nov. 13, 2018, repealed § 78-913, which pertained to downtown design overlay zoning district and derived from Ord. No. 0-6-09, adopted June 23, 2009; and Ord. No. 0-11-2017, § 1, adopted Sept. 12, 2017.

Sec. 78-914. - Planned development zoning district procedures.

(1)

Purpose.

(a)

The purpose of this Section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned developments, and to provide for the possible relaxation of certain development standards pertaining to the most comparable standard zoning district as determined by the zoning administrator.

(b)

Planned developments are intended to provide more incentives for development and redevelopment in areas of the community which are experiencing a lack of significant investment. Furthermore, planned developments are designed to forward both the aesthetic and economic development objectives of the city by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. In exchange for such flexibility, the Planned Development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.

(c)

Planned developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, planned developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case by case basis. In order to prevent this from occurring, all planned developments are required to meet certain procedural requirements applicable only to planned developments, in addition to the general requirements of this chapter. A public hearing process is required to review a request for a planned development. This process shall essentially combine the process for a zoning map amendment (for the general development plan (GDP) step) with that required for a conditional use (for the specific implementation plan (SIP) Step), with several additional requirements.

(2)

Provision of flexible development standards for planned developments.

(a)

Permitted location. Planned developments shall be permitted with the approval of a Planned Development Zoning District, specific to the approved planned development, within all zoning districts.

(b)

Flexible development standards. The following exemptions to the development standards of the most comparable zoning district may be provided with the approval of a planned development:

Land use requirements. All land uses listed as "Dwelling Unit Types", "Institutional", or "Commercial" in section 78-202 may be permitted within a planned development.

Density and intensity requirements. All requirements listed in sections 78-304 and 78-305 for residential density and nonresidential intensity may be waived within a planned development.

[The next page is CD78:305]

Bulk requirements. All requirements listed in sections 78-403, 78-404, 78-405, 78-406 and 78-407 may be waived within a planned development.

Landscaping requirements. All requirements listed in sections 78-604, 78-605, 78-606, 78-607, 78-608, 78-609 and 78-610 may be waived within a planned development.

Parking and loading requirements. All requirements listed in sections 78-704 and 78-705 may be waived within a planned development.

(c)

Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the common council as part of the approved planned development, shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading), is otherwise listed as permitted in sections 78-403 through 78-407. Requested exemptions from these standards shall be made explicit by the applicant in the application, and shall be recommended by the plan commission and approved explicitly by the common council. If not so requested and approved, such exemptions shall not be permitted.

(3)

Initiation of request for approval of a planned development. Proceedings for approval of a Planned Development shall be initiated by

(a)

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

(b)

A recommendation of the plan commission; or

(c)

By action of the common council.

(4)

Application requirements. All applications for proposed planned developments, regardless of the party of their initiation per subsection (3) above, shall be approved as complete by the zoning administrator a minimum of two weeks prior to the initiation of this procedure. The zoning administrator shall forward copies of said complete application to the office of the city clerk. Said application shall apply to each of the process steps in subsections (5) through (8) below.

(5)

PD Process Step 1: Pre-application conference.

(a)

The applicant shall contact the zoning administrator to place an informal discussion item for the PD on the plan commission agenda.

(b)

No details beyond the name of the applicant and the identification of the discussion item as a PD is required to be given in the agenda.

(c)

At the plan commission meeting, the applicant shall engage in an informal discussion with the plan commission regarding the potential PD. Appropriate topics for discussion may include the location of the PD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and non-residential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the comprehensive plan.

(d)

(6)

PD Process Step 2: Concept plan.

(a)

The applicant shall provide the zoning administrator with a draft PD concept plan submittal packet for a determination of completeness prior to placing the proposed PD on the plan commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the zoning administrator and placement of the item on a plan commission agenda for concept plan review:

A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the City of Stoughton Planned Land Use Map;

A general written description of proposed PD including:

General project themes and images;

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

Approximate residential densities and non-residential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio

The general treatment of natural features;

The general relationship to nearby properties and public streets;

The general relationship of the project to the comprehensive plan;

An initial draft list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and, a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply, as compared to the most comparable zoning district(s). Essentially, the purpose of this listing shall be to provide the plan commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility; and

A written description of potentially requested exemption from the requirements of the most comparable zoning district, in the following order:

Land use exemptions;

Density and intensity exemptions;

Bulk exemptions;

Landscaping exceptions;

Parking and loading requirements exceptions;

A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the "bubble plan" in addition to the 11 inches by 17 inches reduction.

Within ten working days of receiving the draft PD concept plan submittal packet, the zoning administrator shall determine whether the submittal is complete. Once the zoning administrator has received a complete packet, the proposed PD concept plan shall be placed on the plan commission agenda.

At the plan commission meeting, the applicant shall engage in an informal discussion with the plan commission regarding the conceptual PD. Appropriate topics for discussion may include the any of the information provided in the PD concept plan submittal packet, or other items as determined by the plan commission.

Points of discussion and conclusions reached in 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, non-binding 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 petition for rezoning which accompanies the GDP application.

(7)

PD Process Step 3: General development plan (GDP).

(a)

The applicant shall provide the zoning administrator with a draft GDP plan submittal packet for a determination of completeness prior to placing the proposed GDP on the plan commission agenda for GDP review. This submittal packet shall contain all of the following items, prior to its acceptance by the zoning administrator and placement of the item on a plan commission agenda for GDP review:

A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the City Stoughton Planned Land Use Map;

A map of the subject property showing all lands for which the planned development is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the 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 Dane County (as provided by the City of Stoughton). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A general written description of proposed PD including:

General project themes and images;

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

Approximate residential densities and non-residential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;

The general treatment of natural features;

The general relationship to nearby properties and public streets;

The general relationship of the project to the comprehensive plan;

A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of the most comparable zoning district(s) and opportunities for community betterment the applicant suggests are available through the proposed PD zoning;

A complete list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply shall be identified, as compared with the most comparable zoning district(s). Essentially, the purpose of this listing shall be to provide the plan commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility;

A written description of potentially requested exemption from the requirements of the most comparable zoning district, in the following order:

Land use exemptions;

Density and intensity exemptions;

Bulk exemptions;

Landscaping exceptions;

Parking and loading requirements exceptions.

A general development plan drawing at a minimum scale of one inch equals 100 feet (11-inch by 17-inch reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;

Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the plan commission or common council; and

Notations relating the written information provided in subsections (7)(a)3.a. through f., above to specific areas on the GDP drawing.

A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of this chapter (except as noted in the listing of exceptions) and the use of extra landscaping and bufferyards.

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

Written justification for the proposed planned development. (The applicant shall use the requirements of the zoning map amendment procedure (subsections 78.903(4)(c)1. through 3.) to develop said written justification.)

The process for review and approval of the GDP shall be identical to that for zoning map amendments per section 78-903 of this chapter and (if land is to be divided) to that for preliminary and final plats of subdivision per the Municipal Code.

All portions of an approved PD/GDP not fully developed within five years of final common council approval shall expire, and no additional PD-based development shall be permitted. The common council may extend this five years period by up to five additional years via a majority vote following a public hearing. Completed portions of the PD/GDP shall retain the PD/GDP status.

(8)

PD Process Step 4: Specific implementation plan (SIP).

(a)

After the effective date of the rezoning to PD/GDP, the applicant may file an application for a proposed specific implementation plan (SIP) with the plan commission. This submittal packet shall contain all of the following items, prior to its acceptance by the zoning administrator and placement of the item on a plan commission agenda for PD review:

A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the City of Stoughton Planned Land Use Map;

A general written description of proposed SIP including:

Specific project themes and images;

The specific mix of dwelling unit types and/or land uses;

Specific residential densities and non-residential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;

The specific treatment of natural features;

The specific relationship to nearby properties and public streets.

A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PD zoning.

A complete list of zoning standards which will not be met by the proposed SIP and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed SIP and the location(s) in which they apply shall be identified as compared to the most comparable zoning district. Essentially, the purpose of this listing shall be to provide the plan commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility.

A specific implementation plan drawing at a minimum scale of one inch equals 100 feet (11-inch by 17-inch reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

A SIP site plan conforming to all the requirements of subsection 78-908(3). If the proposed planned development is a cluster development (per subsections 78-206(1)(b) through (f)), a large development (per subsection 78-205(11)), a proposed preliminary plat or conceptual plat may be required by the zoning administrator in addition to the required site plan.

Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;

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, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the plan commission or common council; and

Notations relating the written information provided in subsections (8)(a)3.a. through f., above to specific areas on the GDP drawing.

A landscaping plan for subject property, specifying the location, species, and installed size of all trees and shrubs. This plan shall also include a chart which provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs.

A series of building elevations for the entire exterior of all buildings in the proposed SIP, including detailed notes as to the materials and colors proposed.

A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles).

A general outline of the intended organizational structure for a property owners association, if any; deed restrictions and provisions for private provision of common services, if any.

A written description which demonstrates the full consistency of the proposed SIP with the approved GDP.

10.

All variations between the requirements of the approved PD/GDP zoning district and the proposed SIP development; and

11.

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

12.

The area included in a specific implementation plan may be only a portion of the area included in a previously approved General Development Plan.

13.

The specific implementation plan (SIP) submission may include site plan and design information, allowing the plan commission to combine design review and review of the SIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.

14.

The plan commission or common council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the SIP, as such may be relevant to review.

(b)

The process for review and approval of the PD shall be identical to that for site plans per section 78-908 of this ordinance and (if land is to be divided) to that for preliminary and final plats of subdivision per the Municipal Code.

(c)

All portions of an approved PD/SIP not fully developed within five years of final common council approval shall expire, and no additional PD-based development shall be permitted. The common council may extend this five years period by up to five additional years via a majority vote following a public hearing. Completed portions of the PD/GDP shall retain the PD/GDP status.

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-25-09, § 1, 12-22-2009; Memo. of 3-22-2010; Ord. No. 0-4-2011, § 117, 5-10-2011; Ord. No. 0-13-14, § 9, 7-8-2014; Ord. No. 0-26-2020, 12-8-2020)

Sec. 78-915. - Purpose of administrative regulations.

The purpose of this portion of the subchapter is to establish the administrative and enforcement framework for the application of this chapter.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-916. - Zoning administrator.

(1)

Designation. The director of planning and development or a designee of the planning and development director is hereby designated as the administrative and enforcement officer for the provisions of this Code and is also herein referred to as the zoning administrator. The duty of the zoning administrator is to interpret and administer this Code and to issue, after on-site inspection, all permits required by this Code.

(2)

Duties. The provisions of this chapter shall be administered and enforced by the zoning administrator or a designee, who in addition thereto and in furtherance of said authority shall:

(a)

Determine that all detailed site analyses, building permits, certificates of occupancy, sign permits, site plans, (and their constituent plans) comply with all provisions of this chapter.

(b)

Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.

(c)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary to ensure compliance with this chapter. If, however the zoning administrator is refused entry after presentations of identification, the zoning administrator may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119(2). Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.

(d)

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

(e)

Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered, or improved in the floodland districts.

(f)

Receive, file and forward all applications for all procedures governed by this chapter to the designated official bodies.

(g)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this Code to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the city attorney in a manner specified by him the city attorney.

(h)

Institute, in the name of the City of Stoughton, any appropriate actions or proceedings against a violator of this chapter, as provided by law.

(i)

Prohibit the use or erection of any structure, land or water until the zoning administrator has inspected and approved such use or erection.

(j)

Where useful, the zoning administrator, or a designee, may set marks on bridges or buildings or other markers which show the depth of the regional flood; or may set marks delineating the boundaries of wetlands.

(k)

Request assistance and cooperation from the city police department and city attorney as deemed necessary.

(l)

Make available to the public, to the fullest extent possible, all reports and documents concerning the city's comprehensive plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The common council may set fees necessary to recover the cost of providing information to the public.

(m)

The planning and development director may be designated deputy zoning administrator by the zoning administrator.

(n)

Make interpretations regarding the provisions of this chapter per section 78-911.

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-4-2019, 2-12-2019)

Sec. 78-917. - Plan commission.

The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the city to the common council, other public officials and other interested organizations and citizens. The commission, its members and employees, 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. Under this Code, its functions are primarily recommendatory to the common council pursuant to guidelines set forth in this Code as to various matters, and, always, being mindful of the intent and purposes of this Code. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-918. - Zoning board of appeals.

The zoning board of appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this chapter (see section 78-910); or appeals regarding an interpretation of the zoning administrator of the provisions of this chapter (see sections 78-911 and 78-912).

(1)

Establishment and membership. A zoning board of appeals is hereby established. The zoning board of appeals shall consists of five members appointed by the mayor, subject to confirmation by the common council, for three years, except that of those first appointed, one shall serve for one year; two for two years. The members shall serve without compensation and shall be removable by the mayor for cause upon written charges and after public hearing before the common council. The mayor shall designate one of the members chairman. The mayor shall appoint subject to confirmation of the board for staggered terms of three years, two alternate members of such board, in addition to the five members above provided for. 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 or declines to vote, is disqualified because of interest, or when a member is absent. The second alternate shall so act when the first alternate so refuses or declines to vote, is disqualified because of interest or is absent or when more than one member so refuses or declines, is disqualified, or is absent. Other provisions herein appearing, with regard to removal and filling of vacancies, shall apply to such alternates. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. Appointments shall be made at the organizational meeting the Third Tuesday in April. Terms of office shall commence the first day of May. The city clerk shall serve as secretary of the board. The board of appeals may employ other employees.

(2)

Organization. The board of appeals shall adopt rules for its government and procedure. Meetings of the board of appeals shall be held at the call of the chairman, and at such other times as the board of appeals may determine. The chairman, or in his absence the vice chairman, may administer oaths and compel the attendance of witnesses. All meeting shall be open to the public.

The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each questions, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of appeals, which is the city planning office, and shall be a public record.

(3)

Powers.

(a)

The board of appeals shall have the following powers:

To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator.

To hear and decide special exceptions to the terms of this Code upon which the board of appeals is required to pass.

To authorize, upon appeal in specific cases, such variance from the terms of this Code 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 the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

Permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this Code, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.

(b)

In exercising the above listed powers, the board of appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the zoning administrator or other administrative officer from whom the appeal is taken. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision, or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this Code.

(c)

In addition to the foregoing powers, the board of appeals shall have the following specific powers:

To interpret the provisions of this Code in such a way as to carry out the intent and purpose of the plan, as shown on the zoning map accompanying and made a part of this Code, where the street layout actually on the ground varies from the street layout on the aforesaid map.

The 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.

(d)

Except as specifically provided, no action of the board of appeals shall have the effect of permitting in any district uses prohibited in such districts.

(4)

Appeals. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Stoughton affected by any decision of the administrative officers. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of appeals, by filing with the officer(s) from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the common council. The officer(s) from whom the appeal is taken shall forthwith transmit to the board of appeals all papers constituting the record of appeals upon which the action appealed from was taken. The board of appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest, and shall decide to same within a reasonable time.

(5)

Notice of hearing. The board of appeals shall fix a reasonable time and place for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing to the fee owners of record of all land within 300 feet of any part of the subject building or premises involved in the appeal.

(6)

Hearings. Hearings on appeals shall be public and shall be conducted according to the rules of procedure adopted by the board. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Decisions of the board following public hearing shall be made in a public session

(7)

Findings.

(a)

Findings of fact and reasons for all actions taken shall be reduced by the board to writing in the minutes of the proceedings.

(b)

In the case of appeal based on variance, for the same to be granted the findings shall affirmatively show the following together with the fact and the grounds therefor:

A literal enforcement of the terms of the Zoning Code would result in practical difficulty or unnecessary hardship to the appellant.

The variance is not contrary to the public interest and will not endanger public safety.

The variance is in accord with the spirit of the Zoning Code.

The variance will cause substantial justice to be done.

(c)

Further to be considered by the board in case of appeal based on variance, in arriving at its reasons and grounds for the above required findings, are the following:

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.

Exceptional circumstances. There may be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general recurrent nature as to suggest that the Zoning Code should be changed.

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

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

Absence of detriment. Such variance should not create substantial detriment to adjacent property and shall not materially impair or be contrary to the purpose and spirit of this Code or the public interest.

(d)

Additional requirements in floodland districts. See Chapter 40: Floodplain and Shoreland-Wetland Zoning.

(8)

Wetland and floodland mapping disputes. See Chapters 30 and 31: Floodplain and Shoreland-Wetland Zoning.

(9)

Decision. The zoning board of appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, zoning administrator, and city plan commission.

(a)

Conditions may be placed upon any building permit ordered or authorized by this board.

(b)

Variances, substitutions, or use permits granted by the board shall expire within one year unless substantial work has commenced pursuant to such grant.

(c)

Applicants receiving variances in floodlands shall be notified, in writing, by the Board of Appeals that increased flood insurance premiums and risk to life or property may result from the granting of the variance. The Board shall keep a record of the notification in its files.

(10)

Reserved.

(11)

Review by court of record. Any persons aggrieved by any decision of the board of appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the board.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-919. - Fees.

(1)

Fees for procedures requested by a private party. The fees for the procedures and permits established by this chapter shall be established by resolution of the common council of the City of Stoughton.

(2)

Fees for procedures requested by the City of Stoughton. There shall be no fee in the case of applications filed in the public interest by the common council or the plan commission, other agency, or official of the City of Stoughton.

(3)

Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the city (per the requirements of this chapter), and are not refundable.

(4)

Reimbursable costs. The city planner, city engineer and city attorney, and other city staff, may expend time in the investigation and processing of procedures regulated by the zoning ordinance. In addition to city staff involvement, the city may retain the services of professional consultants including, but not limited to engineers, landscape architects, architects, attorneys, environmental specialists, and recreation specialists in the administration, investigation and processing of such matters. Any person, firm or corporation requesting action by the city on conditional use permits, permits pursuant to the supplemental regulations and zoning ordinance amendments shall reimburse the city for staff time expended in the administration, investigation and processing of applications for such permits or amendments and the cost to the city charged by any professional consultant retained by the city on any such matter.

(Ord. No. 0-6-09, 6-23-2009)

Sec. 78-920. - Violations and penalties.

(1)

Violation of this chapter. It is unlawful to engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any provision of this chapter.

(2)

Penalties. Any person, firm or corporation who violates any provision of this chapter shall, upon conviction therefore, be subject to a forfeiture pursuant to section 1-3 of this Code. Each day a violation exists or continues shall constitute a separate offense.

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-24-09, § 1, 12-22-2009; Ord. No. 0-7-2022, § 1, 3-8-2022; Ord. No. 0-13-2022, § 1, 5-10-2022)