(1)

Title and authority. This section shall be known as, referred to or cited as the "Aesthetic Design and Site Plan Review Code of the City of Sturgeon Bay, Wisconsin." This section is created under the authority granted by Wis. Stats. §§ 66.0101, and 62.23(7).

(2)

Purpose. The purposes of the design and site plan requirements set forth below are as follows:

(a)

To ensure that new development is consistent with the desired character under the Sturgeon Bay Comprehensive Plan or other adopted plans.

(b)

To encourage that the design and construction of new development is compatible with, and integrated into, adjacent and nearby land uses — both existing and planned.

(c)

To maintain and protect significant existing natural features on the development site and in general promote the quality of the environment of the surrounding region.

(d)

To protect existing adjacent residential development from potential adverse impacts of new development.

(e)

To encourage high quality architectural designs.

(f)

To promote accessibility to/from new developments by both vehicular traffic and alternative means of transportation, as appropriate.

(g)

To identify and resolve potential site planning problems prior to the preparation of final construction plans.

(h)

To protect and enhance property values.

(i)

To promote the health, safety and welfare of current and future residents of the city.

(3)

Sturgeon Bay Aesthetic Design and Site Plan Review Board.

(a)

Creation and composition. There is hereby created an aesthetic design and site plan review board, which shall consist of seven citizen members appointed by the mayor, subject to confirmation by the common council.

(b)

Terms. The term for each member shall be three years, except that initial terms may be staggered such that terms will expire in different years.

(c)

Powers and duties. The board shall have the following powers and duties:

1.

After review of an application in accordance with the procedures outlined in subsection (5) of this chapter, grant or deny a certificate of appropriateness for any project required to undergo review under this section.

2.

Make recommendations to the common council regarding changes or additions to the set of design guidelines serving as criteria for review and approval of development applications.

3.

Develop educational manuals and other materials to assist architects, builders, engineers, and owners of property in meeting the established design criteria.

(4)

Certificate of appropriateness required.

(a)

Applicability. Any development activity that requires the issuance of a permit from the city shall require approval of a certificate of appropriateness prior to the issuance the permit. Development activity includes buildings, additions to buildings, exterior structural modifications, parking lots, driveways and curb cuts, signs, and grading.

(b)

Exemptions. The following shall be exempt from these regulations:

1.

Development activity related to single-family and two-family dwellings.

2.

Any property or site that is subject to the Historic Preservation Code (chapter 28) or the development standards for I-1A and I-2A districts (section 20.32). However, the reviewing bodies for those properties or sites may refer to the overall design criteria established under this section.

3.

Uses or improvements that do not affect the exterior of buildings or site layout as determined by zoning administrator and which are consistent with the purposes of this section.

(5)

Procedures.

(a)

Submission. An application for a certificate of appropriateness (design approval) and the applicable fee shall be submitted to the community development department. The application shall be accompanied by the written material and other information required in subsection (6).

(b)

Staff review. The zoning administrator shall review the plans and accompanying material for conformance to the Municipal Code and shall coordinate additional review as may be appropriate by other city departments. The application shall then be referred to the aesthetic design and site plan review board for its consideration.

(c)

Board review. When reviewing an application, the aesthetic design and site plan review board shall consider the set of design guidelines formally established for the city as well as any pertinent recommendations and objectives of the Sturgeon Bay Comprehensive Plan or other adopted plans. The action of the aesthetic design and site plan review board shall be to approve the certificate of appropriateness with or without conditions, deny the proposed project design or defer it for further study or additional information. The aesthetic design and site plan review board shall approve or deny the application within 30 days of receipt of the application, unless such time is mutually extended to allow for further study or submission of additional information.

(d)

Written determination. The board shall file a written decision within ten days after its final hearing considering the application for a certificate of appropriateness, with a copy of such decision to be sent to the applicant. If the certificate of appropriateness is approved, the applicable city permits (building permit, driveway permit, sign permit, etc.) may be issued if all other municipal regulations are met.

(e)

Appeals. Appeals of decisions of the aesthetic design and site plan review board shall be heard by the common council. An appeal must be made in writing within 30 days after the date of the written determination of the aesthetic design and site plan review board. In considering an appeal, the common council shall balance the purposes of this chapter and the interest of the public against the interest of the owner in using the subject property for his/her own purposes. The common council may then affirm the decision of the aesthetic design and site plan review board, or reverse or modify such decision if it finds that, owing to unique conditions pertaining to the specific piece of property, failure to approve the site plan will preclude the reasonable use of the property or will cause serious hardship for the owner.

(f)

Changes to approved plans. Changes to an approved project shall require approval in the same manner as required for the original plan design.

(g)

Approval time limit. A certificate of appropriateness shall lapse after two years from the date of approval, unless the pertinent permit is issued and the project commenced within such two-year period. Time extensions may be authorized by the aesthetic design and site plan review board, provided the applicant demonstrates that there are circumstances, difficulties or practical hardships which make compliance with the original two-year period unreasonable.

(6)

Application requirements.

(a)

Applications for a certificate of appropriateness (design approval) shall be accompanied by a description and illustration of the proposed work that is of sufficient detail and scope to enable the aesthetic design and site plan review board to readily understand the nature of the proposed work. Whenever pertinent the application shall at a minimum consist of the following:

1.

Name, location, owner/developer and designer of the project.

2.

A map showing the location and dimensions of the property, and showing pertinent existing features, including existing buildings, driveways and parking areas, vegetation, drainage features, 100-year floodplain limits, wetlands, and significant topography.

3.

A proposed site plan drawn to a convenient scale depicting all building locations, access driveways and circulation, parking areas, bicycle and pedestrian facilities, stormwater management facilities, and other improvements.

4.

Building elevations, including indications of proposed materials, and colors.

5.

Landscaping plans and planting schedules.

6.

Grading plan, utilities plan, and stormwater management plan.

7.

Plans for signage including location, dimensions, materials, and lighting of signs.

8.

Exterior lighting plan.

9.

Additional information as necessary to aid in review of the application.

(7)

Compliance. Upon the granting of a certificate of appropriateness the project plans and other materials upon which the certificate was granted shall be used by the zoning administrator and/or building inspector to determine that the project is completed in compliance with the certificate of appropriateness and that there are no unauthorized deviations. Failure to correct any deficiency identified by the zoning administrator or building inspector will constitute a violation of this section.

(Ord. No. 1279-0912, § 1, 9-18-12; Ord. No. 1326-1116, §§ 1—3, 11-15-16; Ord. No. 1429-0823, §§ 8—10, 8-15-23)