The purpose of this chapter is to establish the procedural requirements for zoning text amendments, zoning map amendments, conditional use review and approval, special 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 board of zoning appeals.

(Prior code § 13-11-1)

A.

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 title. (Refer to the requirements of Wisconsin Statutes 62.23(7)(d)2.).

B.

Initiation of Request for Amendment to this Title. Proceedings for amendment of this title may be initiated by any one of the following four methods:

1.

A petition by any member of the general public;

2.

A recommendation of the plan commission;

3.

By action of the city council or committee of the whole;

4.

At the initiative of the zoning administrator.

C.

Application Requirements. All applications for proposed amendments to this title shall be filed in the office of the city clerk, and shall be accompanied by all of the following:

1.

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

2.

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

3.

Written justification for the proposed text amendment. (The petitioner is advised to use the requirements of subsection D.2 of this section, to develop such written justification.)

D.

Review by City Staff. The proposed text amendment shall be reviewed by city staff in the following steps:

1.

First, the zoning administrator shall review the submittal in order to ensure that all required portions of the submittal are provided;

2.

Second, upon the receipt and acknowledgment of a complete submittal, city staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed text amendment provided in the submittal per subsection C.3 of this section. Furthermore, such review shall evaluate the submittal based on the following questions:

a.

How does the proposed text amendment further the purposes of this title as outlined in Section 17.04.050?

b.

How does the proposed text amendment further the purposes of the general chapter in which the amendment is proposed to be located?

c.

How does the proposed text amendment further the purposes of the specific section in which the amendment is proposed to be located?

d.

How does the proposed text amendment relate to the city's master plan?

e.

Which of the following factors has arisen that are not properly addressed in the current zoning text?:

i.

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

ii.

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 such change(s);

iii.

New methods of development or providing infrastructure make it necessary to alter this title to meet these new factors;

iv.

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

f.

If the proposed text amendment is concerned with the provisions of Chapters 17.16 and/or 17.20: How does the proposed amendment maintain the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts?

3.

Third, a staff report shall be forwarded to the plan commission for review and use in the development of a recommendation to city council.

E.

Review by Plan Commission. City council shall not make an amendment to this title without allowing for a recommendation from the plan commission per the provisions of this subsection.

1.

Within forty-five (45) days after the receipt of the complete petition as determined by the zoning administrator, the plan commission shall hold a public hearing. Notice of the proposed amendment and the hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. Such notice shall contain a description of the proposed text change. In addition, at least ten days before such hearing, the city clerk shall mail an identical notice to the petitioner, and to the clerk of any municipality whose boundaries are within one thousand (1,000) feet on any portion of the jurisdiction of this title. Failure to mail such notice, provided it is unintentional, shall not invalidate proceedings under this section.

2.

Within sixty (60) days after the receipt of the complete petition as determined by the zoning administrator (or within an extension of such period requested in writing by the petitioner and granted by the plan commission), the plan commission shall make a written report to the city council stating its findings regarding subsection D of this section, and its recommendations regarding the petition as a whole. Such report shall include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsection D.2.a. through f. of this section.

3.

If the plan commission fails to make a report within sixty (60) days after the receipt of such complete petition (and in the absence of a petitioner-approved extension per subsection E.2 of this section, then the city council may hold a public hearing within thirty (30) days after the expiration of such sixty (60) day period. Failure to receive such written report from the plan commission per subsection E.1 of this section shall not invalidate the proceedings or actions of city council. If such a public hearing is necessary, city council shall provide notice per the requirements of subsection E.1 of this section.

F.

Review and Action by City Council. City council shall consider the recommendation of the plan commission regarding the proposed text amendment. The council may request further information and/or additional reports from the plan commission, city staff, and/or the petitioner. The council may take final action on the text amendment at time of its initial meeting, or such proceedings may be continued from time-to-time for further consideration. City council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of city staff, the plan commission, or city council itself), or may deny the proposed amendment. If the city 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 council action. Any action to amend the provisions of this title requires a majority vote of the council. Approval of the requested amendment shall be considered as the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

G.

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

H.

Fee. A fee is required for this procedure. Refer to Subsection 17.48.050.A.1.

(Ord. 652, § 1, 7-19-2016; Prior code § 13-11-2)

A.

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 Sections 17.12.020 and 17.12.070). (Refer to the requirements of Wisconsin Statutes 62.23(7)(d)2.)

B.

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 three methods:

1.

A petition of the owner(s) of the subject property;

2.

A recommendation of the plan commission;

3.

By action of the city council.

C.

Application Requirements. All applications for proposed amendments to the official zoning map, regardless of the party of their initiation per subsection B of this section, shall be filed in the office of the city clerk, and shall be accompanied by all of the following:

1.

A map of the subject property showing all lands for which the zoning is proposed to be amended, and all other lands within two hundred (200) feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current tax records of the city. Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such 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 eight hundred (800) feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

2.

A map of the generalized location of the subject property in relation to the city as a whole;

3.

Written justification for the proposed map amendment. (The petitioner is advised to use the requirements of subsection D.2. of this section, to develop such written justification.)

D.

Review by City Staff. The proposed amendment to the official zoning map shall be reviewed by city staff in the following steps:

1.

First, the zoning administrator shall review the submittal in order to ensure that all required portions of the submittal are provided;

2.

Second, upon the receipt and acknowledgment of a complete submittal, city staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed map amendment provided in the submittal per subsection C.3 of this section. Furthermore, such review shall evaluate the submittal based on the following questions:

a.

How does the proposed official zoning map amendment further the purposes of this title as outlined in Section 17.04.050?

b.

Which of the following factors has arisen that are not properly addressed on the current official zoning map?:

i.

The designations of the official zoning map should be brought into conformity with the comprehensive plan;

ii.

A mistake was made in mapping on the official zoning map. (That is, an area is, and has been, 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;

iii.

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;

iv.

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

c.

How does the proposed amendment to the official zoning map relate to the city's comprehensive master plan?

d.

Finally, how 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?

3.

Third, a staff report shall be forwarded to the plan commission for review and use in the development of a recommendation to city council.

E.

Review by Plan Commission. City council shall not male an amendment to the official zoning map without allowing for a recommendation from the plan commission per the provisions of this subsection.

1.

Within forty-five (45) days after the receipt of the complete petition as determined by the zoning administrator, the plan commission shall hold a public hearing. Notice of the proposed amendment and the hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. Such notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least ten (10) days before such hearing, the city clerk shall mail an identical notice to the petitioner; to all property owners within two hundred (200) feet of the boundaries of the subject property as identified in subsection C.1 of this section; and to the clerk of any municipality whose boundaries are within one thousand (1,000) feet on any portion of the jurisdiction of this title. Failure to mail such notice, provided it is unintentional, shall not invalidate proceedings under this section.

2.

Within sixty (60) days after the receipt of the complete petition as determined by the zoning administrator (or within an extension of such period requested in writing by the petitioner and granted by the plan commission), the plan commission shall make a written report to the city council stating its findings regarding subsection D. of this section, and its recommendations regarding the petition as a whole. Such report shall include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsections D.2.a. through D.4 of this section.

3.

If the plan commission fails to make a report within sixty (60) days after the receipt of such complete petition (and in the absence of a petitioner-approved extension per subsection E.2 of this section), then the city council may hold a public hearing within thirty (30) days after the expiration of such sixty (60) day period. Failure to receive such written report from the plan commission per subsection E.1 of this section shall not invalidate the proceedings or actions of city council. If such a public hearing is necessary, city council shall provide notice per the requirements of subsection E.1 of this section.

F.

Review and Action by City Council. City council shall consider the recommendation of the plan commission regarding the proposed amendment to the official zoning map. The council may request further information and/or additional reports from the plan commission, city staff, and/or the petitioner. The council may take final action on the amendment to the official zoning map at time of its initial meeting, or such proceedings may be continued from time-to time for further consideration. City council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of city staff, the plan commission, or city council itself), or may deny the proposed amendment. If the city 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 council action. Any action to amend the official zoning map requires a majority vote of the council. Approval of the requested amendment shall be considered as the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

G.

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

H.

Fee. A fee is required for this procedure. Refer to Subsection 17.48.050.A.2.

I.

A Moratorium on Zoning Map Amendments. There shall be a moratorium on amendments of the official zoning map for the city of Sun Prairie on lands located within the city of Sun Prairie Westside Neighborhood Land Use Plan and Transportation System Improvement Plan Zoning Map Amendment and Conditional Use Permit Moratorium Overlay District. The lands included in the moratorium are depicted in a map entitled "City of Sun Prairie Westside Neighborhood Land Use and Transportation System Improvement Plan Zoning Map Amendment and Conditional Use Permit Moratorium Overlay District Map." The moratorium shall be in effect until February 5, 2004, or until the city of Sun Prairie Westside Neighborhood Land Use Plan and Transportation System Improvement Plan is adopted by the Sun Prairie common council, whichever comes first. The moratorium shall not apply to minor amendments on lands zoned planned development district on or before September 3, 2002. Further, the moratorium shall not apply to zoning map amendments that are necessary to accommodate the construction of public safety facilities, public or private schools, public utilities and facilities to serve nonprofit civic organizations. Any lands that are located outside of the corporate limits of the city of Sun Prairie but within the planning area for the city of Sun Prairie Westside Neighborhood Land Use and Transportation System Improvement Plan shall become part of the city of Sun Prairie Westside Neighborhood Land Use and Transportation System Improvement Plan Zoning Map Amendment and Conditional Use Permit Moratorium Overlay District upon annexation. Further, upon annexation of said lands into the city of Sun Prairie, those lands shall be temporarily zoned Suburban Residential -4 (SR-4) and shall not be subsequently rezoned to another zoning district until after the moratorium expires. (Ord. 2003-116 § 1, 2003; Ord. 2003-104 § 1 (part), 2003; Ord. 2002-55 § 1, 2002; prior code § 13-11-3)

A.

Purpose.

1.

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

2.

Special uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this title. In order to prevent this from occurring, all special uses are required to meet certain requirements applicable only to special uses, in addition to the general requirements of this title and the requirements of the zoning district in which the subject property is located.

3.

Land uses proposed which fail to meet one of the requirements for special uses of sections 17.16.060 through 17.16.160, or Section 17.24.050(B) may be reviewed as a conditional use. (See Section 17.16.020(C)(2) and Section 17.24.050(C))

B.

Regulations Applicable to All Special Uses. No hearing is required to develop a special use, however, a demonstration that the developer proposes to meet all special use requirements of this chapter and Chapter 17.16 or Chapter 17.24 as applicable must be made at time of site plan submittal (see Section 17.44.070). Furthermore, no building permit or certificate of occupancy shall be issued for any development which does not comply with all requirements of this title (see Section 17.44.080). Any special use found not to be in compliance with the terms of this title shall be considered in violation of this title and shall be subject to all applicable procedures and penalties.

C.

Application Requirements. All applications for proposed special uses, regardless of the party of their initiation per subsection B of this section, shall be filed in the office of the zoning administrator, and shall be accompanied by all of the following:

1.

A map of the subject property showing all lands for which the special use is proposed, and all other lands within two hundred (200) feet of the boundaries of the subject propel. Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such 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 eight hundred (800) feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

2.

A map of the generalized location of the subject property in relation to the city as a whole;

3.

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

4.

A site plan of the subject property as proposed for development. Such site plan shall conform to any and all the requirements of Section 17.44.070(C).

D.

Review and Approval by City Staff. The proposed special use permit shall be reviewed by city staff to ensure compliance with all the requirements for the submittal and complete compliance with the provisions of this title and any other applicable city ordinance, as well as with the intent of this title as described in Section 17.08.010. Such review shall be completed within ten (10) working days of acceptance of a complete application by the zoning administrator. Upon satisfaction of all the requirements of subsection C of this section, which demonstrates complete compliance with the provisions of this title, the zoning administrator shall approve the site plan. The approved site plan shall be submitted as part of an application for any subsequently sought development for the subject property, including a building permit.

E.

Initiation of Land Use or Development Activity. 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 special use permit. Any such activity prior to such approval shall be a violation of this title and shall be subject to all applicable enforcement mechanisms and penalties.

F.

Modification of an Approved Special Use Permit. Any and all variation between development and/or land use activity on the subject property and the approved special use permit is a violation of this title. An approved special use permit shall be revised and approved via the procedures of subsections (C) and (D) of this section, so as to clearly and completely depict any and all proposed modifications to the previously approved permit, prior to the initiation of such modifications.

G.

Fee. A fee is required for this procedure. Refer to the fee schedule.

(Ord. No. 922, § 2, 9-19-2023; Ord. 74 §§ 2 and 3, 2003; prior code § 13-11-4)

A.

Purpose.

1.

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

2.

Conditional uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this title. In addition to such potential, conditional uses also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan and on a case by case basis. In order to prevent this from occurring, all conditional uses are required to meet certain procedural requirements applicable only to conditional uses, in addition to the general requirements of this title and the requirements of the zoning district in which the subject property is located. A public hearing process is required to review a request for a conditional use.

3.

Conditional uses are also those proposed uses which are listed as special uses, but fail to meet one of the requirements for special use approval listed in Section 17.16.060. (See Section 17.16.020(C)(2).)

B.

Initiation of Request for Approval of a Conditional Use. Proceedings for approval of a conditional use shall be initiated by:

1.

A petition of the owner(s) of the subject property;

2.

A recommendation of the plan commission; or

3.

By action of the city council.

C.

Application Requirements. All applications for proposed conditional uses, regardless of the party of their initiation per subsection B of this section shall be filed in the office of the city clerk, and shall be accompanied by all of the following:

1.

A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within two hundred (200) feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County (as provided by the city). Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such 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 eight hundred (800) feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

2.

A map of the generalized location of the subject property in relation to the city as a whole;

3.

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;

4.

A site plan of the subject property as proposed for development. Such site plan shall conform to any and all the requirements of Section 17.44.070(C). If the proposed conditional use is a cluster development (per Section 17.16.070(C) through (E)) or a group development (per Section 17.16.180) a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided such plat contains all information required on such site plan per Section 17.44.070.

5.

Written justification for the proposed conditional use. The petitioner is advised to use the requirements of subsection (D)(2) of this section to develop such written justification.

D.

Review by city staff. The proposed conditional use shall be reviewed by city staff in the following steps:

1.

First, the zoning administrator shall review the submittal in order to ensure that all required portions of the submittal are provided;

2.

Second, upon the receipt and acknowledgment of a complete submittal, city staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed conditional use provided in the submittal per subsection (C)(5) of this section. Furthermore, such review shall evaluate the submittal based on the following questions:

a.

How is the proposed conditional use (the use in general) in harmony with the purposes, goals, objectives, policies and standards of the city of Sun Prairie comprehensive plan, this title, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city?

b.

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

c.

Does the proposed conditional use, in its proposed location and as depicted on the required site plan (see subsection (C)(4) of this section), result in a substantial or undue adverse impact on adjacent property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters effecting 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 and policies of this title, 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?

d.

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?

e.

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?

f.

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 (D)(2)(a) through (e) of this section), after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner to ameliorate such impacts?

3.

Third, a staff report shall be forwarded to the plan commission for review and use in the development of a recommendation to city council.

E.

Review by Plan Commission. City council shall not approve a conditional use without allowing for a recommendation from the plan commission per the provisions of this subsection.

1.

Within forty-five (45) days after the receipt of the complete petition as determined by the zoning administrator, the plan commission shall hold a public hearing. Notice of the proposed amendment and the hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. Such notice shall contain a description of the subject property and the proposed conditional use per subsections (C)(1) and (3) of this section. In addition, at least ten days before such hearing, the city clerk shall mail an identical notice to the petitioner; to all property owners within two hundred (200) feet of the boundaries of the subject property as identified in subsection (C)(1) of this section; and to the clerk of any municipality whose boundaries are within one thousand (1,000) feet on any portion of the jurisdiction of this title. Failure to mail such notice, provided it is unintentional, shall not invalidate proceedings under this section.

2.

Within sixty (60) days after the receipt of the complete petition as determined by the zoning administrator (or within an extension of such period requested in writing by the petitioner and granted by the plan commission), the plan commission shall make a written report to the city council stating its findings regarding subsection (D) of this section, and its recommendations regarding the petition as a whole. Such report shall include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsections (D)(2)(a) through (f) of this section.

3.

If the plan commission fails to make a report within sixty (60) days after the receipt of said complete petition (and in the absence of a petitioner-approved extension per subsection (E)(2) of this section), then the city council may hold a public hearing within thirty (30) days after the expiration of such sixty (60) day period. Failure to receive said written report from the plan commission per subsection (E)(1) of this section, shall not invalidate the proceedings or actions of city council. If such a public hearing is necessary, city council shall provide notice per the requirements of subsection (E)(1) of this section.

F.

Review and Action by City Council. City council shall consider the recommendation of the plan commission regarding the proposed conditional use. The council may request further information and/or additional reports from the plan commission, city staff and/or the petitioner. The council may take final action on the conditional use at time of its initial meeting, or such proceedings may be continued from time-to-time for further consideration city council may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of city staff, the plan commission, or city council itself), or may deny the proposed conditional use. If the city 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 council action. Any action to amend the provisions of this title requires a majority vote of the council. Approval of the proposed conditional use shall be considered as the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.

G.

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

H.

Revocation of an Approved Conditional Use. Upon approval by city council, the petitioner 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 17.44.070. Once a conditional use is granted, no site plan approval (per Section 17.44.070), certificate of occupancy (per Section 17.44.080), or building permit shall be issued for any development which does not comply with all requirements of this title. Any conditional use found not to be in compliance with the terms of this title shall be considered in violation of this title 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 city council, following the procedures outlined in subsections (B) through (G) of this section.

If the violation of an approved conditional use is determined by the zoning administrator to threaten the public health, safety, morals, comfort, convenience or general welfare such that a more expeditious resolution of or action on the violation is necessary, the zoning administrator may, upon written notice to the property owner, refer the matter for a public hearing before the plan commission for consideration of amending, temporarily suspending, or revoking the conditional use without following the provisions of subsection E of this section. Such notice shall be served upon the property owner and permit holder via certified mail a minimum of seventy-two (72) hours prior to conducting the public hearing. Should the property owner or permit holder be located outside the city, such notice shall also be served upon their local agent or operator via certified mail and posted on the property a minimum of seventy-two (72) hours prior to continuing the public hearing. The notice shall contain the date, time and place of the hearing, a description of the subject's property, a description of the conditional use, and a statement of the violation(s). After such hearing, the city council shall act as provided previously above in this subsection, and as provided in subsection F of this section.

I.

Time Limits on Development of Conditional Use. All approved conditional uses shall be operational within three hundred sixty-five (365) days of the date of the approving resolution. Failure to complete development and begin operation 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 petitioner may request an extension of this period. Such request shall require formal approval by city council and shall be based upon a showing of acceptable justification (as determined by city council).

J.

Discontinuance of an Approved Conditional Use. Any and all conditional uses which have been discontinued for a period exceeding three hundred sixty-five (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.

K.

Change of Ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification of any conditional use approved per subsection F of this section, without approval by city council, shall be grounds for revocation of such conditional use approval per subsection H of this section.

L.

Recordation of Conditional Use Requirements. Except for conditional use approvals for temporary uses, all documents associated with the written description, the approved site plan, and the specific requirements of approval (along with a legal description of the subject property), shall be recorded by the city with the county register of deeds office.

M.

Fee. One or more fees are required for this procedure. Refer to Section 17.48.050(A)(4).

N.

A Moratorium on the Issuance of Conditional Use Permits. There shall be a moratorium on the issuance of conditional use permits on lands located within the city of Sun Prairie Westside Neighborhood Land Use Plan and Transportation System Improvement Plan Zoning Map Amendment and Conditional Use Permit Moratorium Overlay District. The lands included in the moratorium are depicted in a map entitled "City of Sun Prairie Westside Neighborhood Land Use and Transportation System Improvement Plan Zoning Map Amendment and Conditional Use Permit Moratorium Overlay District Map." The moratorium shall be in effect until February 5, 2004, or until the city of Sun Prairie Westside Neighborhood Land Use Plan and Transportation System Improvement Plan is adopted by the Sun Prairie common council, whichever comes first. The moratorium shall not apply to lands zoned planned development district on or before September 3, 2002, or to residentially zoned platted lots existing on or before September 3, 2002. Further, the moratorium shall not apply to the issuance of conditional use permits that are necessary to accommodate the construction of public safety facilities, public or private schools, public utilities and nonprofit civic organizations. Unincorporated lands that are located within the planning area for the city of Sun Prairie Westside Neighborhood Land Use and Transportation System Improvement Plan shall become part of the city of Sun Prairie Westside Neighborhood Land Use and Transportation System Improvement Plan Zoning Map Amendment and Conditional Use Permit Moratorium Overlay District upon annexation into the city of Sun Prairie. (Ord. 2003-116 § 2, 2003; Ord. 2003-104 § 2 (part), 2003; Ord. 2002-55 § 2, 2002; Ord. 528, 2000; prior code § 13-11-5)

A.

Purpose. The purpose of this section is to provide a procedure prior to the erection of certain signs.

B.

General Requirement. Unless specifically exempted by Chapter 17.40, no sign shall be erected, altered, or relocated after the effective date of this title (see Section 17.04.100) until a sign permit has been secured from the zoning administrator.

C.

Application Requirements. All applications for sign permits shall be made in writing on a form supplied by the city's zoning administrator. Such application shall be submitted with all required information provided and shall contain or have attached thereto the following information:

1.

The approved site plan for the subject property (per Section 17.44.070); (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; such subject property boundaries; and the location of the proposed sign;

2.

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

3.

The subject property's zoning designation;

4.

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

D.

Procedure. The zoning administrator shall review the submitted application for compliance with the requirements of subsection C of this section. Upon the receipt of a complete application, the zoning administrator shall review such application for compliance with the requirements of this title and shall issue an approved or denied based on the submitted application within five working days of the acceptance of the complete application.

E.

Revocation of a Sign Permit. Any sign found not to be in compliance with the terms of this title shall be considered in violation of this title and shall be subject to all applicable procedures and penalties.

F.

Fee. A fee is required for this procedure. Refer to Section 17.48.050(A)(6). (Prior code § 13-11-7)

A.

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 title.

B.

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).

C.

Application Requirements. All applications for proposed site plans shall be filed in the office of the zoning administrator, and shall be accompanied by all of the following:

1.

A small location map showing the subject property and illustrating its relationship to the nearest street intersection. (A photocopy of a city street name map with the subject property clearly indicated shall suffice to meet this requirement.)

2.

A main site drawing which includes:

a.

A title block which indicates the name and address of the current property owner;

b.

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

c.

A north arrow and a graphic scale. Such scale shall not be smaller than one inch equals one hundred (100) feet;

d.

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

e.

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;

f.

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

g.

All required building setback lines;

h.

A legal description of the subject property;

i.

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

j.

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

k.

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

l.

The location of all outdoor storage areas;

m.

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

n.

The location of existing and proposed drainage facilities;

o.

In the legend, data for the subject property:

i.

Lot area,

ii.

Floor area,

iii.

Floor area ratio (ii/i),

iv.

Impervious surface area,

v.

Impervious surface ratio (iv/i),

vi.

Building height.

3.

A preliminary landscaping plan of the subject property, at the same scale as the main plan, showing the location of all required bufferyard and landscaping areas, and existing and proposed plant unit options for meeting such requirements.

4.

A written description of the type(s) of land use existing or proposed to be located on the subject property per the land use categories used in Table 17.16.030.

D.

Review and Approval by City Staff. The proposed site plan shall be reviewed by city staff to ensure compliance with all the requirements for the submittal and complete compliance with the provisions of this title and any other applicable city ordinance, as well as with the intent of this title as described in Section 17.08.010. Such review shall be completed within ten (10) working days of acceptance of a complete site plan by the zoning administrator. Upon satisfaction of all the requirements of subsection C of this section, which demonstrates complete compliance with the provisions of this title, the zoning administrator shall approve the site plan. The approved site plan shall be submitted as part of an application for any subsequently sought development for the subject property, including a building permit.

E.

Initiation of Land Use or Development Activity. 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 title and shall be subject to all applicable enforcement mechanisms and penalties.

F.

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 title. An approved site plan shall be revised and approved via the procedures of subsections (C) and (D) of this section, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of such modifications.

G.

Fee. A fee is required for this procedure. Refer to the fee schedule.

(Ord. No. 922, § 3, 9-19-2023; Prior code § 13-11-8)

A.

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 17.44.070), and the requirements of title as a whole.

B.

Land Uses and Development Requiring a Certificate of Occupancy. Certificates of occupancy shall be required for any of the following:

1.

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

2.

New occupancy and use of an existing building when the new use is of a different land use classification (a different line in Table 17.16.030);

3.

Occupancy and use of vacant land;

4.

New use of vacant land when the new use is of a different land use classification (a different line in Table 17.16.030);

5.

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 inspection superintendent.

C.

Issuance of Certificate of Occupancy.

1.

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 title.

2.

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 title, the certificate of occupancy shall be issued within ten (10) working days after the application therefor has been made.

3.

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 title. 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.

D.

Certificate of Occupancy for Legal Nonconforming Uses. Upon application, a certificate of occupancy shall be issued for all lawful nonconforming uses of land or buildings created by adoption of this title, or in existence at the effective date of this title (see Section 17.04.080). Application for such certificate of occupancy for nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this title. It shall be the duty of the building inspector to issue a certificate of occupancy for a legal nonconforming use. Failure to apply for such certificate of occupancy for such nonconforming use shall be prima facie evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of this title.

E.

Revocation of a Certificate of Occupancy. It shall constitute a violation of this title for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in subsection B of this section, 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 or she shall forthwith revoke the certificate of occupancy, by notice in writing to be delivered by him or her 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 notice of revocation by certified letter to his or her 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 title.

F.

Fee. A fee is required for this procedure. Refer to Section 17.48.050(A)(8). (Prior code § 13-11-9)

A.

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 title as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this title would result in practical difficulty or unnecessary hardship, so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done; as provided for by Section 62.23(7)(e)7., Wisconsin Statutes.

B.

Initiation of Request for Approval of a Variance. Proceedings for approval of a requested variance shall be initiated by:

1.

A petition of the owner(s) of the subject property;

2.

A recommendation of the plan commission;

3.

By action of the city council.

C.

Application Requirements. All applications for requested variances, regardless of the party of their initiation per subsection B of this section, shall be filed in the office of the city clerk, and shall be accompanied by all of the following:

1.

A map of the subject property showing all lands for which the variance is proposed, and all other lands within two hundred (200) feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County (as determined by the city). Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such 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 eight hundred (800) feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

2.

A map of the generalized location of the subject property in relation to the city as a whole;

3.

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

4.

A site plan of the subject property as proposed for development. Such site plan shall conform to any and all the requirements of Section 17.44.070(C);

5.

Written justification for the requested variance. (The petitioner is advised to use the requirements of subsection D.2., of this section, to develop such written justification.)

D.

Review by City Staff. The requested variance shall be reviewed by city staff in the following steps:

1.

First, the zoning administrator shall review the submittal in order to ensure that all required portions of the submittal are provided;

2.

Second, upon the receipt and acknowledgment of a complete submittal, city staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed variance provided in the submittal per subsection (C)(5) of this section. Furthermore, such review shall evaluate the submittal based on the following questions:

a.

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:

i.

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;

ii.

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

iii.

Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of such 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;

iv.

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

v.

The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance.

b.

In what manner do the factors identified in subsection D.2.a., of this section, 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.

c.

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.

d.

Would the granting of the proposed variance as depicted on the required site plan (see subsection C.4., of this section) 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 effecting 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 title, 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.

e.

Have the factors which present the reason for the proposed variance been created by the act of the petitioner 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 title (see Section 17.04.080)? The response to this question shall clearly indicate that such factors existed prior to the effective date of this title and were not created by action of the petitioner, a previous property owner, or their agent.

f.

Does the proposed variance involve the regulations of Section 17.16.030 (Table of Land Uses)? The response to this question shall clearly indicate that the requested variance does not involve the provisions of this section.

3.

Third, a staff report shall be forwarded to the board of zoning appeals for review and action.

E.

Review and Determination by Board of Zoning Appeals.

1.

Within forty-five (45) days after the receipt of the complete petition as determined by the zoning administrator, the board of zoning appeals shall hold a public hearing. Notice of the requested variance and the hearing shall conform to the requirements of Section 62.23(7)(d), Wisconsin Statutes. Such notice shall contain a description of the subject property and the proposed variance per subsections C.1. and 3., of this section. In addition, at least ten (10) days before such hearing, the city clerk shall mail an identical notice to the petitioner of the proposed variance; to the clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the subject property; and to all property owners within two hundred (200) feet of the boundaries of the subject property as identified in subsection C.1., of this section. Failure to mail such notice, provided it is unintentional, shall not invalidate proceedings under this section.

2.

Within thirty (30) days after the holding of the public hearing (per subsection E.1., of this section, or, within an extension of such period approved by the petitioner and granted by the board of zoning appeals), the board of zoning appeals make its findings per subsection D., of this section, and its determination regarding the petition as a whole. The board of zoning appeals may request further information and/or additional reports from city staff and/or the petitioner. The board of zoning appeals may take final action on the request for approval of the requested variance at time of its initial meeting, or such proceedings may be continued from time-to-time for further consideration. The board of zoning appeals shall make a written report of its findings and determinations following its determination.

3.

The petitioner may request to waive or extend any of the deadlines noted in subsections E.1. and 2., of this section, by submitting such request in writing to the zoning administrator.

4.

If the board of zoning appeals fails to make a determination within thirty (30) days after such public hearing, then the request for the variance shall be considered denied.

5.

Such report shall include a formal findings of facts developed and approved by the zoning board of appeals concerning the requirements of subsection D.2.a. through f., of this section.

F.

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

G.

Limited Effect of a Variance. Where the board of zoning 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.

H.

Stay of Proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this title from which the petitioner is requesting a variance, unless the zoning administrator certifies to the board of zoning 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 or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals, or by a court of record on application, on notice to the zoning administrator, and on due cause shown.

I.

Fee. A fee is required for this procedure. Refer to Section 17.48.050(A)(9).

(Ord. 247, § 1, 3-21-2006; Prior code § 13-11-10)

A.

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

B.

Initiation of Request for an Interpretation. Proceedings for an interpretation shall be initiated by:

1.

A petition of the owner(s) of the subject property;

2.

A recommendation of the plan commission;

3.

By action of the city council;

4.

By a request by city staff.

C.

Application Requirements. All applications for interpretations, regardless of the party of their initiation per subsection B., of this section, shall be filed in the office of the city clerk, and shall be accompanied by all of the following:

1.

All requests for interpretations shall clearly indicate the part of the text of this title for which the interpretation is requested and the specific questions the petitioner has regarding such text.

2.

If the requested interpretation relates to the application of this title to a specific property, the additional following information shall be required:

a.

A map of the subject property showing all lands for which the interpretation is requested, and all other lands within two hundred (200) feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County as provided by the city. Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such 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 eight hundred (800) feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

b.

A map of the generalized location of the subject property in relation to the city as a whole;

c.

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;

d.

A site plan of the subject property as proposed for development. Such site plan shall conform to any and all the requirements of Section 17.44.070(C).

3.

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

a.

How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the city of Sun Prairie comprehensive plan, this title, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city?

b.

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?

c.

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

D.

Review by Zoning Administrator.

1.

First, the zoning administrator shall review the submittal in order to ensure that all required portions of the submittal are provided;

2.

Second, upon the receipt and acknowledgment of a complete submittal, and within thirty (30) days of such receipt, the zoning administrator shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed interpretation provided in the submittal per subsection C of this section. This review shall also take into consideration the standards for review presented in subsection E of this section.

3.

Third, a staff report shall be forwarded to the petitioner indicating the interpretation of the zoning administrator.

E.

Standards for Review of Requested Interpretations. This title shall be interpreted in a manner which is consistent with the purposes intended by the city of Sun Prairie city council as noted in this title and the comprehensive plan. The intent of the standards and supporting definitions of this title 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 title shall proceed as follows:

1.

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.

2.

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 title. Design freedom is to be encouraged while a lowering of the standards of this title is to be prohibited.

3.

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 title.

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 title. 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 title has the power to impose additional restrictions or requirements and power to the public exercise this in order protect the public.

4.

This title has been carefully designed by the city 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 for the city. 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 title should not substitute their own judgments for the legislative acts of the city council.

5.

In addition to the petitioner's response to the questions required by subsection C of this section, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:

a.

No interpretation shall allow the establishment of any land use which was previously considered and rejected by the city 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.

b.

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 17.16.030).

c.

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 17.16.030 and 17.16.060).

d.

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 such district, or permitted in a more intensive district in the same zoning district category (see Sections 17.12.020 and 17.16.020).

e.

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 17.44.050.

F.

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 title. These permits and approvals include, but are not limited to required site plans, special use permits, conditional uses, and certificates of occupancy.

G.

Limitations on Favorable Land Use Interpretation.

1.

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 three hundred sixty-five (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.

2.

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 three hundred sixty-five (365) consecutive days or more.

H.

Fee. A fee is required for this procedure. Refer to Section 17.48.050(A)(10). (Prior code § 13-11-11)

A.

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 17.44.100 as provided for by Wisconsin Statutes 62.23(7)(e)(7).

B.

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.

C.

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 D of this section within a period not exceeding thirty (30) days from the date of issuance of the interpretation by the zoning administrator. Failure to initiate this appeal procedure within this thirty (30) day period shall constitute a final and binding waiver of the right to appeal such interpretation.

D.

Application Requirements. All applications for review of an interpretation, regardless of the party of their initiation per subsection B of this section, shall be filed in the office of the zoning administrator. The zoning administrator shall forward copies of such application to the office of the city clerk, and to the board of zoning appeals. Such application shall be accompanied by all of the following:

1.

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 petitioner;

2.

A written statement from the petitioner 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 petitioner.

E.

Review by City Staff. The submitted appeal shall be reviewed by city staff in the following steps:

1.

First, the zoning administrator shall review the submittal in order to ensure that all required portions of the submittal are provided;

2.

Second, upon the receipt and acknowledgment of a complete submittal, city staff shall undertake a review of the submittal which shall evaluate and comment on the justifications for the appeal as submitted by the petitioner;

3.

Third, a staff report shall be forwarded to the board of zoning appeals for review and action.

F.

Review and Determination by Board of Zoning Appeals.

1.

Within forty-five (45) days after the receipt of the complete application as determined by the zoning administrator, the board of zoning appeals shall hold a public hearing. Notice of the appeal and such hearing shall conform to Section 63.23(7)(d) of the Wisconsin Statutes. Such notice shall contain a description of the issue per subsection (D)(2) of this section. At least ten (10) days before such hearing, the city clerk shall mail an identical notice to the petitioner; to the clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this title; and to any property owner within two hundred (200) feet of the subject property. Failure to mail such notice provided it is unintentional, shall not invalidate proceedings under this section.

2.

Within sixty (60) days after the receipt of the complete petition as determined by the zoning administrator (or, within an extension of such period requested in writing by the petitioner and granted by the board of zoning appeals), the board of zoning appeals make its findings per subsection C of this section. The board of zoning appeals may request further information and/or additional reports from city staff and/or the petitioner. The board of zoning appeals may take final action on the request for appeal at time of its initial meeting, or such proceedings may be continued from time-to-time for further consideration. Such 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.

3.

If the board of zoning appeals fails to make a determination within sixty (60) days after the receipt of such complete petition, then the request for the appeal shall be considered denied.

G.

Effect of Denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (12) months from the date of such order of denial, except on grounds of new evidence or proof of change of factors found valid by the board of zoning appeals.

H.

Limited Effect of a Favorable Ruling on an Appeal.

1.

No ruling by the board of zoning 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 three hundred sixty-five (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.

2.

A ruling by the board of zoning 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 three hundred sixty-five (365) consecutive days or more.

I.

Fee. A fee is required for this procedure. Refer to Section 17.48.050(A)(11). (Prior code § 13-11-12)

A.

Purpose. The purpose of this section is to provide regulations governing the review and approval of zoning permits. A zoning permit is required in order to ensure that land uses and development activities comply with the standards of this section, and to otherwise protect the public health, safety, and welfare. Zoning permits will help ensure new projects comply with the regulations of this title and serve as a final step in the approval process for other land use and development application types.

B.

Applicability. Unless exempted under subsection C., zoning permits shall be required prior to any of the following activities:

1.

The construction or placement of a new building, structure or paved surface; or the expansion or exterior modification of a building, structure or paved surface above and beyond minor repairs and maintenance;

2.

A change in occupancy and use of, or the addition of a use to, an existing building, structure or property when the new use is of a different land use classification than the existing or prior use;

3.

Occupancy and use of vacant land;

4.

The re-establishment of an allowed use on a property that has been inactive for a period of more than twelve (12) months.

C.

Exemptions. The following activities shall not require the issuance of a zoning permit:

1.

Street construction or repair, utility work within the public right-of-way or a public easement, or other approved activity performed by a governmental entity or recognized utility within the public right-of-way.

2.

The expansion of a single-family home not located within a planned development district. However, a building permit and other permits may still be necessary and the property owner is responsible for ensuring that all requirements of this title are adhered to.

3.

The repaving of conforming driveways or parking lots, provided that it does not involve the expansion of a parking lot.

4.

Miscellaneous activities and improvements incidental to the use, maintenance and upkeep of residential properties, such as landscaping, the erection of accessory buildings that do not require a building permit, the installation of playground equipment, mailboxes, patios, decks, and other similar activities, provided all locational requirements of this title are met.

5.

Other activities may be exempted if the zoning administrator determines that a zoning permit is not necessary.

D.

Relationship to Other Application Processes.

1.

When a proposed use or development activity requires the issuance of a conditional use permit or special use permit, or the approval of a site plan, precise implementation plan or other application review per this chapter, the issuance of a zoning permit represents the final step in said application process and shall signify that plans associated with the application have been finalized and approved. The applicant may then proceed to obtain any other required permits (i. e. building permit, erosion control permit, etc.);

2.

For proposed changes in use and development activities that do not require review under another application process per this chapter, the issuance of a zoning permit signifies that the proposed use or activity is in compliance with the regulations contained in this title.

E.

Procedures.

1.

Application Requirements. All applications for zoning permits shall be filed with the planning division and shall include at a minimum the following information:

a.

A completed application form.

b.

A letter of intent describing in detail the proposed uses or activities.

c.

If determined necessary by the zoning administrator, a site plan or other map drawn to scale showing the existing and proposed uses and/or structures.

d.

Additional information as may be required by the zoning administrator.

F.

Zoning Permit Review and Timeline.

1.

The zoning permit application shall be reviewed by the zoning administrator who shall, within five business days, either issue the zoning permit or a written explanation as to why the permit was not issued. The applicant shall have an opportunity to provide revised application materials.

2.

If permit activities are associated with the review of an application for a conditional use permit, special use permit, site plan, or planned development precise implementation plan, the zoning permit shall signify the successful completion of the application process and that a building permit may be issued. If such an application is conditionally approved and corrections are needed prior to final plan approval, then the zoning administrator shall review the revisions with five business days from the date the revised information is submitted. The zoning administrator shall either issue the zoning permit or a written explanation as to why the permit was not issued. The applicant shall have an opportunity to provide revised application materials.

G.

Expiration. The expiration date of the zoning permit shall be clearly stated on the permit in accordance with the following:

1.

In cases where a building permit is required:

a.

A building permit shall be obtained within six months of the date of issuance of the zoning permit, or

b.

If an alternative timeline for obtaining a building permit is established through city council approval said timeline shall apply, and

c.

Failure to obtain a building permit within the timelines established in a. and b. above, the zoning permit shall be automatically revoked.

2.

When a building permit is not required, the use or activity authorized by said permit shall be commenced within six months. Failure to commence such use or activity within six months shall result in the automatic revocation of the zoning permit.

3.

Upon a written request from the applicant, a one-time extension of a period not to exceed six months may be granted if the zoning administrator determines that there are sufficient grounds to grant the requested extension.

H.

Fee. A fee may be required for this procedure.

(Ord. 554, § 1, 12-17-2013)

A.

Regulations Applicable to All Development Agreements. An application form shall be completed by the developer prior to the city entering into a development agreement.

B.

Application Requirements. All development agreement applications shall be filed in the office of the zoning administrator, and shall be accompanied by all of the following:

1.

A legal description of the subject property;

2.

A map of the subject property;

3.

Construction plans for public improvements;

4.

Cost estimates for public improvements;

5.

A storm water management plan;

6.

Other information as indicated on the application form.

C.

Fee. A fee is required for this procedure. Refer to Section 17.48.050.

(Ord. 554, § 1, 12-17-2013)