Village Of Johnson Creek
City Zoning Code
City Zoning Code
ARTICLE X
Procedures and Administration
§ 250-120 Purpose.
The purpose of this portion of the article is to establish the procedural requirements for zoning text amendments, Zoning Map amendments, conditional use review and approval, temporary use review and approval, sign permits, site plan review and approval, certificates of occupancy, variances, zoning provision interpretations by the Zoning Administrator and appeals of zoning provision interpretations to the Zoning Board of Appeals.
§ 250-121 Amendment of zoning regulations.
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 chapter. [Refer to the requirements of § 62.23(7)(d), Wis. Stats.]
C.
Application requirements. All applications for proposed amendments to this chapter, regardless of the party of their initiation per Subsection B above, shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda as an item to be acted upon shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
A copy of the portion of the current provisions of this chapter which are proposed to be amended, with said provisions clearly indicated in a manner which is clearly reproducible with a photocopier;
(2)
A copy of the text which is proposed to replace the current text; and
(3)
As an optional requirement, the applicant may wish to provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the recommendation of the Comprehensive Master Plan, particularly as evidenced by compliance with the standards set out in § 250-121D(3)(a) through (d) below.
D.
Review by the Zoning Administrator. The proposed text amendment shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed text amendment provided in the application per § 250-121C(1) through (3) above.
(3)
The Zoning Administrator may also evaluate the application to determine whether the proposed text amendment is in harmony with the recommendations of the Comprehensive Master Plan, particularly as evidenced by compliance with the standards of § 250-121D(3)(a) through (d) below:
(b)
The proposed text amendment furthers the purposes of the general article in which the amendment is proposed to be located.
(c)
The proposed text amendment furthers the purposes of the specific section in which the amendment is proposed to be located.
(d)
The following factors have arisen that are not properly addressed in the current zoning text:
[1]
The provisions of this chapter should be brought into conformity with the Comprehensive Plan. (If a factor related to the proposed amendment, note pertinent portions of the Comprehensive Plan.)
[2]
A change has occurred in the land market or other factors have arisen which require a new form of development, a new type of land use, or a new procedure to meet said change(s).
[3]
New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors.
[4]
Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.
(4)
The Zoning Administrator shall forward the report per § 250-121D(2) and, if it has been prepared, the report per § 250-121D(3), to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and recommendation by the Plan Commission. The Village Board shall not make an amendment to this chapter without allowing for a recommendation from the Plan Commission per the provisions of this subsection.
(1)
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the proposed text change. In addition, at least 10 days before said public hearing, the Village Clerk shall mail an identical notice to the applicant and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission may make a written report to the Village Board and/or shall state in the minutes its findings regarding § 250-121D above and its recommendations regarding the application as a whole. Said report and/or minutes shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of § 250-121D(3)(a) through (d) above.
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per § 250-121E(2) above], then the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per § 250-121E(2) above shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of § 250-121E(2) above.
(4)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in § 250-121D(3)(a) through (d) above, after taking into consideration the proposal by the applicant.
F.
Review and action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed text amendment. The Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings, at the Board's or the applicant's request. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. If the Village Board wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Board action. Any action to amend the provisions of proposed amendment requires a majority vote of the Board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.
G.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
§ 250-122 Amendment of Official Zoning Map.
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:
C.
Application requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation per § 250-122B above, shall be filed in the office of the Zoning Administrator and shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda as an item to be acted upon shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said application shall be comprised 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 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as they appear on the current tax records of the Village of Johnson Creek. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village as a whole; and
(3)
As an optional requirement, the applicant may wish to provide justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the Master Plan, particularly as evidenced by compliance with the standards set out in § 250-122D(3)(a) through (c) below.
D.
Review by the Zoning Administrator. The proposed amendment to the Official Zoning Map shall be reviewed by the Zoning Administrator, as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application per § 250-122C(3) above.
(3)
The Zoning Administrator may also evaluate the application to determine whether the proposed Zoning Map amendment is in harmony with the recommendations of the Comprehensive Master Plan, as evaluated per the standards of § 250-122D(3)(a) through (c) below:
(a)
Does the proposed Official Zoning Map amendment further the purposes of this chapter as outlined in § 250-5 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA)?
(b)
Have one or more of the following factors arisen that are not properly addressed on the current Official Zoning Map?
[1]
The designations of the Official Zoning Map are not in conformity with the Comprehensive Plan.
[2]
A mistake was made in mapping on the Official Zoning Map. (That is, an area is developing in a manner and purpose different from that for which it is mapped.) Note: If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the Village may intend to stop an undesirable land use pattern from spreading.
[3]
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.
[4]
Growth patterns or rates have changed, thereby creating the need for an amendment to the Official Zoning Map.
(c)
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?
(4)
The Zoning Administrator shall forward the report per § 250-122D(2) and, if it has been prepared, the report per § 250-122D(3), to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and recommendation by the Plan Commission. The Village Board shall not make an amendment to the Official Zoning Map without allowing for a recommendation from the Plan Commission per the provisions of this subsection.
(1)
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days of the acceptance and determination of the complete application, as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least 10 days before said public hearing, the Village Clerk shall mail an identical notice to the applicant; to all property owners within 300 feet of the boundaries of the subject property as identified in § 250-122C(1) above and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Village Board stating its findings regarding § 250-122D above and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of § 250-122D(3)(a) through (c).
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per § 250-122E(2) above], then the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per § 250-122E(2) above shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of § 250-122E(1) above. [See § 62.23(7)(d), Wis. Stats.]
(4)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in § 250-122D(3)(a) through (c) above, after taking into consideration the proposal by the applicant.
F.
Review and action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed amendment to the Official Zoning Map. The Board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator and/or the applicant. The Board may take final action on the application to the Official Zoning Map at the time of its initial meeting or may continue the proceedings at the Board's or the applicant's request. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. If the Village Board 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 § 62.23(7)(d), Wis. Stats., shall be followed prior to Board action. Any action to amend the Official Zoning Map requires a majority vote of the Board, except that, in case of adverse recommendation by the Planning Commission or of a protest against such change signed and acknowledged by the owners of 20% of the frontage proposed to be changed or the frontage immediately in the rear thereof or directly opposite thereto, such amendment shall not be passed except by a 3/4 vote of all members of the Village Board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.
G.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
I.
Floodland district boundary changes limited. The Village Board shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this chapter or in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).
(1)
Changes in the floodway overlay district boundaries shall not be permitted where the change will increase the flood stage elevation by 0.1 foot or more, unless the applicant has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. The only way the one-foot limit may be exceeded is through filing of a federal waiver for a specific project that necessarily exceeds the one-foot increase in flood elevation. Applications for floodway overlay district changes shall show the effects of the change within the associated flood-fringe and shall provide adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.
(2)
Changes in the floodplain conservancy overlay district boundaries shall not be permitted where the change will increase the flood stage elevation by 0.1 foot or more, unless the application has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. In no event shall a change be permitted that would increase the flood stage elevation by more than 1.0 foot. Applications for floodplain conservancy overlay district changes shall show the effects of the change within the associated flood-fringe and shall provide adjusted water surface profiles and adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.
(3)
Removal of land from the floodland districts shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the regional flood, and provided that such land is contiguous to lands lying outside of the floodlands.
(4)
Amendment of floodlands which were delineated by approximate methods shall not be permitted unless the applicant provides the Village with engineering data showing the flood profile, necessary river cross sections, flood elevations, and any effect the establishment of a floodway/flood-fringe will have on flood stages. The effects shall be limited as set forth above for changes in § 250-122I(1) and (2) above. If the approximate flood zone is less than five acres in area, and where the cost of the proposed development is estimated to be less than $125,000, the Department of Natural Resources (DNR) will assist the applicant in determining the required flood elevations.
(5)
No river or stream shall be altered or relocated until a floodland zoning change has been applied for and granted in accordance with the requirements of this section and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The flood-carrying capacity of the altered or relocated watercourse shall not be reduced to less than the flood-carrying capacity before the watercourse was altered or relocated.
(6)
Notice to and approvals by DNR and FEMA. A copy of all notices for amendments or rezoning in the floodland districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) at least 10 days prior to the public hearing. No amendments to the floodland district boundaries or regulations shall become effective until approved by the DNR and reviewed by the FEMA. In the case of floodland district boundary changes, an official letter of map amendment from the FEMA may also be required.
§ 250-123 Zoning permit.
A.
Application. Applications for a zoning permit shall be made to the Zoning Administrator on forms furnished by the Administrator and shall include the following where pertinent and necessary for proper review.
(1)
Name and address of the applicant, owner of the site, architect, professional engineer and contractor.
(2)
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3)
Plat of survey prepared by a land surveyor registered in Wisconsin showing the location, boundaries, dimensions, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements; streets and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; high-water, channel floodway, and floodplain boundaries; and existing and proposed street, side and rear yards. In addition, the plat of survey shall show type, slope and boundaries of soils shown in the Jefferson County Soils Survey prepared by the United States Department of Agriculture Soil Conservation Service.
(4)
Additional information as may be required by the Plan Commission or Zoning Administrator.
(6)
A zoning permit shall be granted or denied by the Zoning Administrator in writing within 30 days of the application, and the applicant shall post such permit in a conspicuous place at the site. The permit shall expire within four months unless work equal to 10% of the dollar amount of the permits has been completed, or within 18 months after the issuance of the permit if the structure for which a permit issued is not 75% completed as measured by the dollar amount of the permit. The applicant shall reapply for a zoning permit before recommencing work on the structure. Any permit issued in conflict with the provisions of the chapter shall be null and void.
B.
Fees.
(1)
An application fee is required and is set by Village resolution.
(2)
Zoning permit fees do not include and are in addition to building permit fees established by the Village Building Code.
(5)
A double fee may be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
(6)
Fees for written determinations by the Zoning Administrator shall be set by Village resolution.
§ 250-124 Conditional use review and approval procedures.
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 proposed conditional uses.
(2)
Certain uses in situations which are of a special nature or are so dependent upon actual contemporary circumstances as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulation or conditions which would permit such determination in each individual situation, may be permitted as conditional uses.
(3)
Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate to the satisfaction of the Village that the proposed conditional use will not create undesirable impacts on nearby properties, the environment, nor the community as a whole.
(4)
Limited conditional uses. Limited conditional uses are the same as regular conditional uses excepting that, in the further considered findings of the Village Board and the granting thereof, because of any of the following: a) their particularly specialized nature; b) their particular locations within a district; c) the peculiar unique relationships or needed compatibility of uses to involved individuals; or d) any other reason(s) the Board deems specially relevant and material to delimit the scope thereof, limited conditional uses should be of lesser permanence than regular conditional uses and the duration or term of existence may be established until time certain or be limited to a future happening or event at which time the same shall terminate.
B.
Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.
C.
Application requirements. All applications for proposed conditional uses, regardless of the party of their initiation per Subsection B above, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda as an item to be acted upon shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of 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 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Jefferson County (as provided by the Village of Johnson Creek). Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village 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. Said site plan shall conform to any and all the requirements of § 250-127C. If the proposed conditional use is a cluster development (per § 250-36B through F) or a group development (per § 250-127), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per § 250-127;
(5)
As an optional requirement, the applicant may wish to provide written justification for the proposed conditional use, consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in § 250-124D(3)(a) through (f) below.
D.
Review by the Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per Subsection C(5) above.
(3)
The Zoning Administrator shall also evaluate the application to determine whether the requested conditional use is in harmony with the recommendations of the Comprehensive Master Plan, particularly as evaluated by the standards of Subsection D(3)(a) through (f) below:
(a)
Is the proposed conditional use (the use in general, independent of its location) in harmony with the purposes, goals, objectives, policies and standards of the Village of Johnson Creek Comprehensive Plan, this chapter, and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the Village?
(b)
Is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the Village of Johnson Creek Comprehensive Plan, this chapter, and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the Village?
(c)
Does the proposed conditional use, in its proposed location and as depicted on the required site plan [see § 250-124C(4) above], result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide 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 Subsection D(3)(a) through (e) above] after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts?
(4)
The Zoning Administrator shall forward the reports per § 250-124D(2) to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and recommendation by the Plan Commission. The Village Board shall not approve a conditional use without allowing for a recommendation from the Plan Commission per the provisions of this section.
(1)
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application, as determined by the Zoning Administrator. The applicant may appear in person or by agent and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed conditional use. In addition, at least 10 days before said public hearing, the Village Clerk shall mail an identical notice to the applicant and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Village Board stating its findings regarding Subsection D above and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of § 250-124D(3)(a) through (f) above.
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per § 250-124E(2) above], then the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per § 250-124E(2) above shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of § 250-124E(1) above.
(4)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed conditional use, as identified in § 250-124D(3)(a) through (f) above, after taking into consideration the proposal by the applicant.
F.
Review and action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed conditional use. The Board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, the applicant and/or from any other source. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings at the applicant's request. The Village Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, its own members, and/or from any other source), or may deny approval of the proposed conditional use. If the Village Board wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Board action. Any action to amend the provisions of proposed conditional use requires a majority vote of the Board. The Village Board's approval of the proposed conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
G.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
H.
Termination of an approved conditional use. Upon approval by the Village Board, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 250-127. Once a conditional use is granted, no erosion control permit, site plan approval (per § 250-127), certificate of occupancy (per § 250-128), or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in § 250-124B through G above.
I.
Time limits on the development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Village Board and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of a certificate of occupancy for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Village Board and shall be based upon a showing of acceptable justification (as determined by the Village Board).
J.
Discontinuing an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
K.
Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration or expansion of any conditional use in violation as approved per Subsection F above, without approval by the Village Board, shall be considered in violation of this chapter and shall be grounds for revocation of said conditional use approval per Subsection H above. For bed-and-breakfast land uses, the granting of a conditional use permit shall be valid while said property is owned by the owner at time of conditional use approval.
L.
Recording of conditional use requirements. Except for conditional use approvals for temporary uses, a certified copy of the authorizing resolution, containing identifiable description and any specific requirements of approval, shall be recorded by the Village with the County Register of Deeds office.
M.
Notice to the DNR. The Plan Commission shall transmit a copy of each application for a conditional use for conservancy regulations in the shoreland-wetland, floodway, floodplain conservancy, or floodway-fringe overlay zoning districts to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the DNR within 10 days of the date of such decision.
N.
Uses now regulated as conditional uses which were approved as legal land uses – permitted by right or as conditional uses – prior to the effective date of this chapter. A use now regulated as a conditional use which was approved as a legal land use – either permitted by right or as a conditional use – prior to the effective date of this chapter shall be considered as a legal, conforming land use so long as the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under this section.
§ 250-125 Temporary use review and approval procedures.
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval or denial of a proposed temporary use.
(2)
Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
B.
Regulations applicable to all temporary uses. No public hearing is required to develop a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of this article must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this chapter (see § 250-128). Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
C.
Application requirements. All applications for proposed temporary uses shall be approved as complete by the Zoning Administrator prior to certification of the proposed temporary use. Said complete application shall be comprised of all of the following:
(1)
A map of the subject property showing all lands for which the temporary use is proposed and all other lands within 300 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village as a whole; and
(3)
A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.
§ 250-127 Site plan review and approval procedures.
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 chapter. Specifically, this section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) require the approval of site, building and operational plans by the Village Plan Commission before the building, occupancy and zoning permits can be issued; except, however, that development activity associated with an approved final plat of subdivision or certified survey map for single-family and/or duplex/twin-home dwelling units, and development activity associated with the full and complete implementation of a project approved within the precise implementation plan (PIP) phase of the planned unit development district (PUD) is exempt from this requirement.
B.
Procedure.
(1)
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 his legally authorized representative(s).
(2)
Preapplication meeting. The applicant shall first meet with the Zoning Administrator and other applicable Village staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the applicant on technical requirements and procedures, and a timetable for project review may be discussed.
(3)
Application for site plan review. The applicant shall apply to the Zoning Administrator for the scheduling of an appearance before the Plan Commission. The Zoning Administrator shall notify the applicant of the date and time of the applicable Plan Commission meeting. The appearance before the Plan Commission shall not be scheduled unless the application is approved as complete by the Zoning Administrator per the requirements of Subsection C below. The review of the submitted application shall be completed within 10 working days of application submittal. Once the application is approved as complete, the Zoning Administrator may schedule a meeting with Village staff a minimum of two weeks from the date of complete application acceptance. At time of acceptance and meeting scheduling, the Zoning Administrator shall forward two copies of the complete application (as provided by the applicant) to all pertinent Village staff.
C.
Application requirements. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Zoning Administrator to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application. No placement of the application on any agenda as an item to be acted upon shall occur unless said certification has occurred. Said complete application shall be comprised of all of the following.
(1)
Written description of the intended use describing in reasonable detail the:
(a)
Existing zoning district(s) and proposed zoning district(s) if different;
(b)
Land Use Plan Map designation(s);
(c)
[1]
Editor's Note: The Natural Resources Site Evaluation Worksheet is included at the end of this chapter.
(d)
Current land uses present on the subject property;
(f)
Projected number of residents, employees and daily customers;
(g)
Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area, and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface area ratio;
(h)
Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation;
(i)
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article VIII (§§ 250-84 through 250-104) including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Article VIII), then the statement "the proposed development shall comply with all requirements of Article VIII." shall be provided;
(l)
Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.
(2)
A small location map at 11 inches by 17 inches, showing the subject property and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the Village's Land Use Plan Map with the subject property clearly indicated shall suffice to meet this requirement.)
(3)
A property site plan drawing (and reduction at 11 inches by 17 inches), which includes:
(a)
A title block which indicates the name, address, phone/fax number(s) and e-mail addresses of the current property owner and/or agent(s) (developer, architect, engineer, planner) for the project;
(b)
The date of the original plan and the latest date of revision to the plan;
(c)
A North arrow and a graphic scale. Said scale shall not be smaller than one inch equals 100 feet;
(d)
A legal description of the subject property;
(e)
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;
(f)
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;
(g)
All required building setback lines;
(h)
All existing and proposed buildings, structures and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls;
(i)
The location and dimension (cross section and entry throat) of all access points onto public streets;
(j)
The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter;
(k)
The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas;
(l)
The location of all outdoor storage areas and the design of all screening devices;
(m)
The location, type, height, size and lighting of all signage on the subject property;
(n)
The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with § 250-90;
(o)
The location and type of any permanently protected green space areas;
(p)
The location of existing and proposed drainage facilities; and
(4)
A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Article VII. (Note: The individual plant locations and species, fencing types and heights, and berm heights need to be provided.)
(5)
A grading and erosion control plan at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing existing and proposed grades, including retention walls and related devices and erosion control measures per the approval of the Village Engineer.
(6)
Elevation drawings of proposed buildings or proposed remodeling of existing buildings, showing finished exterior treatment, shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted but not in lieu of adequate drawings showing the actual intended appearance of the buildings. (Refer to § 250-101.)
(7)
A certified survey may be required by the Zoning Administrator in instances where he determines compliance with setback requirements may be difficult. The survey shall be prepared by a registered land surveyor and shall depict property lines and proposed buildings, structures and paved areas.
(8)
A detailed site analysis per the following submission and review process:
(a)
Purpose. The detailed site analysis required by this article is designed to provide the clear identification of permanently protected green space areas on a site which is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties containing permanently protected natural resource areas.
(b)
Description. The detailed site analysis shall be shown on a map of the subject property which depicts the location of all protected natural resource areas, as defined by the provisions of this article. The detailed site analysis shall meet the following requirements:
[1]
Scale. A minimum scale of one inch equals 200 feet shall be used.
[2]
Topography. Topographic information is not required for any property which does not contain steep slopes (as designated on the Official Zoning Map). For such properties, topographic information with a minimum contour interval of two feet is required.
[3]
Specific natural resources areas. All natural resource areas which require protection under the provisions of this chapter shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.
[4]
Development pads.
[a]
All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits, and the recorded plat of subdivision or certified survey map.
[b]
Beyond visible damage to natural resources, vegetation, soil and drainage patterns, site disruption activities shall not compact soil covering tree roots or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches whose canopies are located adjacent to disturbed areas which die within a period of five years following site disruption shall be replaced by the owner with a three-inch caliper tree of the same type (canopy or understory). Therefore, care shall be taken to ensure that equipment and actions associated with permitted site disruption activities are limited to the area in which they are permitted. The use of snow fences and other barriers to outline development pads during disruption activity is required to limit the extent of inadvertent compaction or other disturbance of earth and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground a minimum of five feet beyond their outer canopy edge.
[5]
Mitigation areas. All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site map with notations provided which describe the mitigation techniques employed.
(c)
Required procedure for submission and review.
[1]
Required timing of submission. The detailed site analysis map shall be submitted to the Zoning Administrator for initial review prior to or concurrently with the submission of the preliminary plat of subdivision or the certified survey map, or if the proposed development does not involve a land division, then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of a concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property which has been previously approved by Village staff may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.
[2]
Review by Village staff. Village staff shall review the submitted detailed site analysis map for general compliance with the following data sources:
[a]
The Official Zoning Map;
[b]
Applicable USGS 7.5 minute topographic maps for the Village of Johnson Creek and its environs;
[c]
Air photos of the subject property;
[d]
USGS Quads and other sources of topographic information;
[e]
Applicable FEMA and related floodplain maps;
[f]
Applicable federal and state wetland inventory maps;
[g]
The Village of Johnson Creek Comprehensive Master Plan; and
[h]
Site visits. The Zoning Administrator shall provide the petitioner with a written evaluation of the submitted detailed site analysis map which shall indicate the acceptance by Village staff or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.
[3]
Modification of detailed site analysis map. If necessary, as determined by Village staff, revised detailed site analysis maps shall be prepared and submitted for review by Village staff until a version is deemed acceptable. Staff review of the detailed site analysis may be appealed to the Zoning Board of Appeals as a matter of ordinance interpretation. (See § 250-137.)
[4]
Acceptance of detailed site analysis map. Upon notification of acceptance by Village staff (or, in case of appeal, by determination of the Zoning Board of Appeals), the petitioner may proceed with the submittal of necessary development documents.
(d)
Integration of detailed site analysis information with required development and/or land division. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed plat of subdivision or certified survey map.
D.
Review by the Plan Commission.
(1)
The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of the Zoning Ordinance to ensure attractive, efficient and appropriate development of land in the community and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The Plan Commission, in reviewing the application, may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures, as directed by the Plan Commission.
(2)
In reviewing said application, the Plan Commission shall make findings on each of the following criteria to determine whether the submitted site plan shall be approved, approved with modification, or denied:
(a)
All standards of the Zoning Ordinance and other applicable village, state and federal regulations are met.
(b)
The public health and safety is not endangered.
(c)
Adequate public facilities and utilities are provided.
(d)
Adequate control of stormwater and erosion are provided, and the disruption of existing topography, drainage patterns, and vegetative cover is maintained insofar as is practical.
(e)
Appropriate traffic control and parking are provided.
(f)
Appropriate landscaping and open space areas are provided.
(g)
The appearance of structures maintains a consistency of design, materials, colors and arrangement with nearby properties of similar use which comply with the general architectural guidelines provided in Subsection D(2)(g)[1] through [5] below:
[2]
Exterior building design or appearance shall not be of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.
[3]
Exterior building design or appearance shall not be so identical with nearby buildings so as to create excessive monotony or drabness. A minimum of five basic home styles shall be provided in each residential subdivision.
[4]
Exterior building design or appearance shall not be constructed or faced with an exterior material which is aesthetically incompatible with other nearby buildings or which presents an unattractive appearance to the public and from surrounding properties.
[5]
Exterior building, sign and lighting design or appearance shall not be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area.
E.
Initiation of land use or development activity. No site activities involving grading, graveling, paving, excavating, filling, tree clearing or site grubbing of any land or property where such activities involve 2,500 square feet of area or more, except for one- and two-family dwelling construction as defined in the Wisconsin Administrative Code, or involve 50 cubic yards of material or more shall be undertaken without approval of the Plan Commission. Application for approval shall include a site plan depicting the area of the lot or property to be graded, paved, excavated, filled, cleared or grubbed, the type of material anticipated to be used by the applicant, and such other information as may be required by the Plan Commission, from time-to-time, in order to insure compliance with the provisions of this code. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.
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 chapter. An approved site plan shall be revised and approved via the procedures of Subsections B and D above so as to clearly and completely depict any and all proposed modifications to the previously approved site plan prior to the initiation of said modifications.
G.
Sunset clause. All buildings on an approved site plan not fully developed within two years of final Village Board approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The Village Board may extend this period, as requested by the applicant, through the conditional use process following a public hearing.
§ 250-128 Certificate of occupancy.
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 § 250-127) and the requirements of this chapter 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 250-32).
(3)
Occupancy and use of vacant land.
(5)
Any change in the use of a nonconforming use. No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the Building Inspector.
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 10 working days after a written request for the same has been made to the Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.
(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 chapter, the certificate of occupancy shall be issued within 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 comply with all provisions of this chapter. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(4)
To encourage a business environment that is compatible with the residential character of the Village, no building permit for a permitted use in a CB, GB, PB, NB, NO, PO, PI or GI District nor any occupancy permit required under the provisions of this chapter shall be issued without review and approval of the Village of Johnson Creek Plan Commission. Review and approval of any building permit or occupancy permit shall be conditioned upon submittal of a business plan and plan of operation which shall include general layout, building plans, ingress, egress, parking, loading and unloading, landscaping and open space utilization. In addition, all plans are subject to Wisconsin Department of Commerce approval prior to the issuance of a building permit.
[Amended 7-1-2004 by Ord. No. 17-04]
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 chapter or in existence at the effective date of this chapter (see § 250-11). 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 chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy for a legal nonconforming use.
E.
Termination of a certificate of occupancy. It shall constitute a violation of this chapter for any person, firm, corporation or voluntary association, either owner or agent, to do any of the things mentioned in Subsection B above without having first obtained a certificate of occupancy. Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Building Inspector, he shall forthwith revoke the certificate of occupancy, by notice in writing, to be delivered by him to the holder of the void certificate upon the premises where the violation has occurred or, if such holder be not found there, by mailing the said notice of revocation by certified letter to his last known address. Any person who shall proceed thereafter with such work or use without having obtained a new certificate of occupancy shall be deemed guilty of violation of this chapter.
§ 250-129 Variance review and approval procedures.
A.
Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest, where owing to special factors a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done, as provided for by § 62.23(7)(e)7, Wis. Stats.
B.
Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) of the subject property.
C.
Application requirements. All applications for requested variances shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda as an item to be acted upon shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of 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 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Jefferson County (as determined by the Village of Johnson Creek). Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village 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.
D.
Review by the Zoning Administrator. The requested variance shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application, per Subsection D(3)(a)[1] through [5] below.
(3)
The Zoning Administrator shall also evaluate the application to determine whether the requested variance is in harmony with the recommendations of the Village of Johnson Creek's Comprehensive Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:
(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:
[1]
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.
[2]
Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance.
[3]
Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property, reducing the remainder of said property below buildable size or cutting off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships.
[4]
Violations by or variances granted to neighboring properties shall not justify a variance.
[5]
The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.)
(b)
In what manner do the factors identified in § 250-129D(3)(a) above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by 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) above] result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions and policies of this chapter, the Comprehensive Plan or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the Village 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 applicant or previous property owner or his agent (for example, previous development decisions such as building placement, floor plan or orientation, lotting pattern or grading) after the effective date of this chapter (see § 250-11). The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant, a previous property owner, or his agent.
(4)
The Zoning Administrator shall forward the report per Subsection D(2) and, if prepared, the report per Subsection D(3) to the Zoning Board of Appeals for the Board's review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Village's Zoning Ordinance and Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and determination by Zoning Board of Appeals.
(1)
Within 30 days after filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed variance per Subsection C(1) and (3) above. In addition, at least 10 days before said public hearing, the Village Clerk shall mail an identical notice to the applicant of the proposed variance, to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property, and to all property owners within 300 feet of the boundaries of the subject property as identified in Subsection C(1) above. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
Within 30 days after the holding of the public hearing [per Subsection E(1) above or within an extension of said period approved by the applicant and granted by the Zoning Board of Appeals] the Zoning Board of Appeals should make its findings per Subsection D above and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time to time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.
(3)
If the Zoning Board of Appeals fails to make a determination within 30 days after said public hearing, then the request for the variance shall be considered denied.
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 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
G.
Limited effect of a variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted and shall not be construed as precedent for any other proposed variance.
H.
Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this chapter from which the applicant is requesting a variance, unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the request for the variance has been filed, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator and on due cause shown. [See § 62.23(7)(e)5, Wis. Stats.]
I.
Notice to the DNR. The Zoning Board of Appeals shall transmit a copy of each application for a variance to conservancy regulations in the shoreland-wetland, floodway, floodplain conservancy, or floodway-fringe overlay zoning districts and a copy of all shoreland floodland appeals to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to shoreland conservancy regulations or to floodland regulations and a copy of all decisions to shoreland conservancy and floodland appeals shall be transmitted to the DNR within 10 days of the date of such decision.
§ 250-130 Interpretations.
A.
Purpose. The purpose of this section is to assign responsibility for the official interpretation of the provisions of this chapter and to describe the required procedure for securing such interpretation. It shall be the responsibility of the Zoning Administrator to interpret this chapter. Any applicant or other person aggrieved by an interpretation of this Zoning Code, as determined by the Zoning Administrator, may request the Plan Commission to review the interpretation given by the Zoning Administrator. Any person aggrieved by any decision of the Plan Commission may, within 30 days after the decision is rendered, appeal that determination to the Zoning Board of Appeals. The Zoning Board of Appeals shall, after providing all parties an opportunity to be heard, render a decision regarding the interpretation. Any proceeding initiated before the Zoning Board of Appeals under this provision shall be a de novo proceeding.
B.
Initiation of request for an interpretation. Proceedings for an interpretation may be initiated by any of the following four methods:
C.
Application requirements. All applications for interpretations, regardless of the party of their initiation per Subsection B above, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda as an item to be acted upon shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
All requests for interpretations shall clearly indicate the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.
(2)
If the requested interpretation relates to the application of this chapter 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 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Jefferson County, as provided by the Village of Johnson Creek. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(b)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village 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; and
(3)
If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter, a series of written responses to the following questions shall be provided:
(a)
How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the Village of Johnson Creek's Comprehensive Master Plan, this chapter, and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the Village?
(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 interpretation outweigh any and all potential adverse impacts of the proposed interpretation?
D.
Review by Zoning Administrator.
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter or any interpretation of the Zoning Code rendered by the Plan Commission, the Zoning Administrator shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify applicant.
(2)
Upon notifying the applicant that the application is complete and within 30 days of such filing, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application per Subsection C above. This review shall also take into consideration the standards for review presented in Subsection E below. The Zoning Administrator shall also evaluate the application to determine whether the requested interpretation is in harmony with the recommendations of the Village of Johnson Creek's Comprehensive Master Plan.
(3)
The Zoning Administrator shall forward a report to the applicant indicating the interpretation of the Zoning Administrator. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Village's Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
E.
Standards for review of requested interpretations. This chapter shall be interpreted in a manner which is consistent with the purposes intended by the Village of Johnson Creek Village Board as noted in this chapter and the Comprehensive Plan. The intent of the standards and supporting definitions of this chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified or existing land use. To this end, those called upon to interpret this chapter shall proceed as follows:
(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 chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter 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 chapter. Similarly, any interpretation which would either increase the nuisance potential of any use or alter the purpose for which the regulation was adopted shall be considered counter to the legislative intent of this chapter. Any interpretation which will result in any loss of protection or increase in intensity beyond that already permitted shall only be made if the party interpreting this chapter has the power to impose additional restrictions or requirements. |
(4)
This chapter has been carefully designed by the Village Board to combine maximum achievement of public goals and the protection of adjoining property owners while providing flexibility for property owners to use their land for a variety of uses consistent with the goals and objectives of the Comprehensive Plan of the Village of Johnson Creek. Great care has been taken to balance the rights of competing groups while achieving maximum protection with flexibility and a range of use options. Persons interpreting this chapter should not substitute their own judgments for the legislative acts of the Village Board.
(5)
In addition to the applicant's response to the questions required by Subsection C above, 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 Village Board 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 § 250-32).
(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 said district or permitted in a more intensive district in the same zoning district category (see §§ 250-17 and 250-32).
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 chapter. 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 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 365 consecutive days or more.
H.
Fee. A fee is required for this procedure. Refer to Village Code.
I.
Special exceptions. Notwithstanding anything contained herein to the contrary, the Village Board may, in accordance with the provisions of § 62.23(7)(e), Wis. Stats., grant special exceptions to the Zoning Code; provided, however, that no such special exceptions shall be granted without first complying with the procedural requirements for conducting proceedings before the Zoning Board of Appeals.
§ 250-131 Appeals of zoning interpretations.
A.
Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for appeals from the interpretations of the Zoning Administrator per § 250-130 as provided for by § 62.23(7)(e)7, Wis. Stats.
B.
Initiation of request for review of an appeal. Proceedings for the review of a zoning interpretation may be initiated by any person aggrieved or by any officer, department, board or bureau of the Village 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 below within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal said interpretation.
D.
Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the Village Clerk and to the Zoning Board of Appeals. Said complete 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 applicant.
(2)
A written statement from the applicant indicating the reasons why an appeal is justified, based upon an analysis of the Zoning Administrator's interpretation. This statement shall be dated and signed by the applicant.
E.
Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator in the following steps:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that the application is complete, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the requested proposal is in harmony with the recommendations of the Village of Johnson Creek's Comprehensive Master Plan.
(3)
The Zoning Administrator shall forward a report to the Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Village's Master Plan or Zoning Ordinance, the Zoning Administrator shall note this determination in the report.
F.
Review and action by the Zoning Board of Appeals.
(1)
Within 45 days after the filing of the complete application, as determined by the Zoning Administrator, the Zoning Board of Appeals shall schedule a reasonable time and place for a public hearing to consider the application. Notice of the appeal and said public hearing shall conform to § 63.23(7)(d), Wis. Stats. Said notice shall contain a description of the issue per Subsection D(1) above. At least 10 days before said public hearing, the Village Clerk shall mail an identical notice to the applicant, to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter, and to any property owner within 300 feet of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
Within 60 days after the filing of the complete application, as determined by the Zoning Administrator, (or within an extension of said period requested in writing by the applicant and granted by the Zoning Board of Appeals) the Zoning Board of Appeals makes its findings per Subsection C above. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting or may continue the proceedings at the applicant's request. Said final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.
(3)
If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied.
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 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
H.
Limited effect of a favorable ruling on an appeal.
(1)
No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal unless a building permit is issued and development is actually begun within that period and is thereafter diligently pursued to completion or a certificate of occupancy is obtained and a use commenced within that period.
(2)
A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
§ 250-132 Downtown Design Overlay Zoning District.
A.
Purpose and scope. This district is intended to implement the urban design recommendations of the Comprehensive Master Plan by preserving and enhancing the aesthetic qualities (historical and visual) of the community and by attaining a consistent visually pleasing image for various portions of the Village. As emphasized by said plan, this district is designed to forward both aesthetic and economic objectives of the Village by controlling the site design and appearance of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure the long-term progress and broad participation toward these principles.
B.
Designation of Downtown Design Overlay Zoning District boundaries. All properties having frontage on either side of the following described route and all other properties located within the boundaries of the described route: both sides of Union Street between West Street and Milwaukee Street and both sides of Milwaukee Street between Union Street and South Street.
C.
Powers and duties of the Zoning Administrator, Plan Commission and Architectural Control Board for all development. Proposed changes to the exterior appearance (no structural changes) of properties used exclusively for residential purposes are hereby excluded from the provisions of this section. All other development applications within an urban design overlay zoning district are subject to one of the following three processes, as determined by the Zoning Administrator:
(1)
Applications which involve only a renovation of the exterior appearance of a property (such as repainting, reroofing, re-siding or replacing with identical colors and materials approved by the Village) or a change in the exterior appearance of a property in absolute clear and complete compliance with the provisions of § 250-29B (as determined by the Zoning Administrator) are subject to downtown renovation review by the Zoning Administrator. The Zoning Administrator shall determine whether the petition requires only certification of thorough compliance with the technical requirements set out in Subsection D(1) below.
(2)
Applications which involve only a change in the appearance of a property (such as painting, roofing, siding, architectural component substitution, fencing, paving or signage) are subject to downtown design review by the Zoning Administrator and the Architectural Control Board. The Zoning Administrator shall serve as the liaison between the applicant and the Architectural Control Board in facilitating the thorough and expedient review of an application and shall ensure that the technical and procedural requirements of the Zoning Ordinance are met. The Architectural Control Board shall serve as the final review and determining body in these matters and shall focus its review on whether the application complies with sound aesthetic, urban design, historic and architectural practices pursuant to the procedures outlined in Subsection D(2) below. In part, this effort shall be guided by the Comprehensive Master Plan.
(3)
Applications which involve modification to the physical configuration of a property (such as grading, the erection of a new building, the demolition of an existing building, or the addition or removal of bulk to an existing building) are subject to downtown project review by the Zoning Administrator, the Plan Commission and the Architectural Control Board. The Zoning Administrator shall serve as the liaison between the applicant, the Plan Commission and the Architectural Control Board in facilitating the thorough and expedient review of an application and shall ensure that the technical and procedural requirements of the Zoning Ordinance are met. The Architectural Review Board shall serve as the initial and final review and determining body on aesthetics and shall focus its review on whether the application complies with sound aesthetic, urban design, historic and architectural practices pursuant to the procedures outlined in Subsection D(3) below. In part, this effort shall be guided by the Comprehensive Master Plan. The Plan Commission shall serve as the initial and final discretionary review body on site design and shall focus its review on the application's compliance with sound land use, site design and economic revitalization practices. In part, this effort shall be guided by the Comprehensive Master Plan.
D.
Procedure for project review and approval.
(1)
Downtown renovation review. Applications which involve only a renovation of the exterior appearance of a property, such as repainting, reroofing, re-siding or replacing with identical colors and materials approved by the Village or a change in the exterior appearance of a property in absolute clear and complete compliance with the provisions of § 250-29B (as determined by the Zoning Administrator), are subject to downtown renovation review by the Zoning Administrator. The Zoning Administrator shall serve to determine whether the applications simply requires certification of thorough compliance with the technical requirements below. (Refer to the procedure summary chart at the end of this section.)
(a)
Application requirements. All applications for renovation review shall be made to the Zoning Administrator and, in addition, shall be accompanied by all of the following in addition to the requirements for site plans (per § 250-127):
[1]
A clear depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components, such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the Zoning Administrator;
[2]
A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components, such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for renovation or replacement may be required by the Zoning Administrator;
[3]
A written description of the proposed renovation, including a complete listing of proposed components, materials and colors.
(b)
Review by the Zoning Administrator. The application for renovation review shall be reviewed and approved by the Zoning Administrator as follows:
[1]
Within 20 days after the filing of the application, the Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete and does not fulfill the requirements of the chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify applicant.
[2]
Within 20 days after the filing and notification of a complete application, the Zoning Administrator shall review the application and shall evaluate its status as merely requiring downtown renovation review and shall evaluate and comment on the written justification for the proposed alteration provided in the application per Subsection D(1)(a)[4] above. The Zoning Administrator shall also evaluate the application based on the following question: How is the proposed alteration in harmony with the recommendations of the Comprehensive Master Plan, particularly as evidenced by compliance with the standards of § 250-29B?
(c)
Action by the Zoning Administrator.
[1]
The Zoning Administrator may request further information and/or additional reports from the applicant.
[2]
The Zoning Administrator may approve the application as originally proposed, may approve the application with modifications, may deny the application, or (where the proposal requires discretionary aesthetic judgment) shall forward the application to the Design Review Commission as an applicant for downtown design review.
[3]
The Zoning Administrator shall not approve any application unless he makes written findings of facts regarding the application.
[4]
The approval of the proposed renovation shall be considered as the approval of a unique request and shall not be construed as precedent for any other proposed alteration.
(2)
Downtown design review. Applications which involve only a change in the appearance of a property (such as painting, roofing, siding, architectural component substitution, fencing, paving or signage) are subject to downtown design review by the Zoning Administrator and the Architectural Control Board. The Zoning Administrator shall serve as the liaison between the applicant and the Architectural Control Board in facilitating the thorough and expedient review of an application and shall ensure that the technical and procedural requirements of the Zoning Ordinance are met. The Architectural Control Board shall serve as the final review and determining body in these matters and shall focus its review on the application's compliance with sound aesthetic, urban design, historic and architectural practices per the procedures outlined below. In part, this effort shall be guided by the Comprehensive Master Plan. (Refer to the procedure summary chart at the end of this section.)
(a)
Procedure. Downtown design review proposals shall follow the procedures for conditional use permits; see § 250-124.
(b)
Application requirements. In addition to the application requirements for conditional use permits (§ 250-124), all applications for urban design review shall be made to the Zoning Administrator and shall be accompanied by the building permit application and, in addition, shall be accompanied by all of the following:
[1]
A clear depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components, such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the Village;
[2]
A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components, such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the Village;
[3]
A written description of the proposed modification, including a complete listing of proposed components, materials and colors.
[4]
Written justification for the proposed alteration consisting of the reasons why the applicant believes the requested alteration is in harmony with the recommendations of the Comprehensive Master Plan, particularly as evidenced by compliance with the standards set out is Subsection D(2) above, using the following question to develop said written justification: How is the proposed alteration in harmony with the recommendations of the Comprehensive Master Plan, particularly as evidenced by compliance with § 250-29B?
(3)
Downtown project review. Applications which involve modification to the physical configuration of a property (such as the erection of a new building, the demolition of an existing building, or the addition or removal of bulk to an existing building) are subject to downtown project review by the Zoning Administrator, the Architectural Control Board, and the Plan Commission. Specifically, the powers of the Zoning Administrator, the Architectural Control Board, and the Plan Commission within the Downtown Design Overlay Zoning District shall be as described in the following sections. The Zoning Administrator shall serve as the liaison between the applicant, the Architectural Control Board, and the Plan Commission in facilitating the thorough and expedient review of an application and shall ensure that the technical and procedural requirements of the Zoning Ordinance are met. The Architectural Review Board shall serve as the final review and determining body on aesthetics and shall focus its review on the application's compliance with sound aesthetic, urban design, historic and architectural practices per the procedures outlined below. In part, this effort shall be guided by the Comprehensive Master Plan. The Plan Commission shall serve as the initial and final discretionary review body on site design and shall focus its review on the application's compliance with sound land use, site design and economic revitalization practices. In part, this effort shall be guided by the Comprehensive Master Plan. (Refer to the procedure summary chart at the end of this section.)
(a)
Procedure. Project review proposals shall follow procedures for conditional use permits; refer to § 250-124.
(b)
Application requirements. In addition to the application requirements for conditional use permits (§ 250-124), all applications for project review shall be made to the Zoning Administrator and shall be accompanied by the building permit application and, in addition, shall be accompanied by all of the following:
[1]
A clear depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components, such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the Village.
[2]
A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components, such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the Village.
[3]
For all projects involving a new building or an addition exceeding 100 square feet of gross floor area, a detailed site plan which provides the following information:
[a]
A title block indicating name and address of the current property owner, developer and project consultants;
[b]
The date of the original plan and the latest date of revision to the plan;
[c]
A North arrow and a graphic scale. Said scale shall not be smaller than one inch equals 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 site;
[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; and
[4]
A detailed landscaping plan of the subject property, at the same scale as the main plan, showing the location, species and size of all proposed plant materials.
[5]
A written description of the proposed project, including a complete listing of proposed components, materials, and colors.
[6]
Written justification for the proposed project consisting of the reasons why the applicant believes the requested alteration is in harmony with the recommendations of the Comprehensive Master Plan, particularly as evidenced by compliance with the standards set out is Subsection D(3) above, using the following question to develop said written justification: How is the proposed project in harmony with the recommendations of the Comprehensive Master Plan, particularly as evidenced by compliance with the standards of § 250-29B?
E.
Additional recommendations permitted under the design review process.
(1)
The Zoning Administrator is hereby authorized to make recommendations for or require modifications to a proposed application for downtown renovation review and to make recommendations for the modification of a proposed application for design review or project review.
(2)
The Architectural Control Board is hereby authorized to make recommendations for or require modifications to a proposed application for downtown design review and downtown project review.
(3)
The Plan Commission is hereby authorized to make recommendations for or require modifications to a proposed application for site design aspects for downtown project review.
F.
Appeals. Appeals from the decisions of the Zoning Administrator and Architectural Control Board may be made per the provisions of the Village Code and state statutes.
G.
Penalty. Penalty for violation of the provisions of this section shall be per the provisions of § 250-139.
Process for Residential and Nonresidential Proposal Review for Downtown Design Overlay Zoning District | |
|---|---|
KEY: Yes: Step is required. No: Step is not required. |
Type of Proposal | |||||||
|---|---|---|---|---|---|---|---|
Procedure | Renovation1 | Design2 | Project3 | ||||
1. | Optional meeting with Plan Commission to discuss proposal | No | Optional | Recommended | |||
2. | Submit zoning permit application to the Zoning Administrator, including: | Yes | Yes | Yes | |||
a. | Color photos/drawings of existing property, with close-ups of details | Yes | Yes | Yes | |||
b. | Drawings/depictions of proposed changes to the site and building exterior | Yes | Yes | Yes | |||
c. | For new projects or additions equal or greater than 100 square feet, provide site plan including: | ||||||
1) | Title block with name of current property owner and applicant | No | No | Yes | |||
2) | Date of original plan graphic and date of most recent revision | No | No | Yes | |||
3) | North arrow and graphic scale | No | No | Yes | |||
4) | Property lines and right-of-way lines (with distances and bearings) | No | No | Yes | |||
5) | Easements | No | No | Yes | |||
6) | Existing and proposed buildings, structures and paved areas | No | No | Yes | |||
7) | Required building setback lines | No | No | Yes | |||
8) | Legal description of the property | No | No | Yes | |||
9) | Location, size, type and orientation of all exterior signage | No | No | Yes | |||
10) | Location, type and orientation of all exterior lighting | No | No | Yes | |||
11) | Location of all vehicle access drives, circulation areas, loading areas and parking stalls | No | No | Yes | |||
12) | Location of all outdoor storage and display areas (including trash facilities) | No | No | Yes | |||
13) | Location and purpose of all drainage facilities | No | No | Yes | |||
14) | Location of all permanent green space areas | No | No | Yes | |||
15) | Site summary data: lot area, floor area, floor area ratio, impervious surface area, impervious surface ratio | No | No | Yes | |||
d. | Landscaping plan showing the location, size and type of plants | No | No | Yes | |||
e. | Written description of proposal, including exterior materials and colors | Yes | Yes | Yes | |||
f. | Written justification of proposal answering: How does the proposal comply with the design standards? | Yes | Yes | Yes | |||
3. | Review and action by the Zoning Administrator/Village staff | Yes | Yes | Yes | |||
4. | Review and action by the Architectural Control Board on aesthetics | No | Yes | Yes | |||
5. | Review and action by the Plan Commission on site design | No | No | Yes | |||
6. | If proposal is approved: | ||||||
a. | Record documents with Register of Deeds | Yes | Yes | Yes | |||
b. | Work must start within 365 days and be complete within 730 days | Yes | Yes | Yes | |||
c. | Conditions of approval run with the property | Yes | Yes | Yes | |||
7. | If the proposal is denied: It may not be resubmitted for 12 months | Yes | Yes | Yes | |||
NOTES: | ||
|---|---|---|
1 | Only a renovation of the exterior appearance of a property. | |
2 | Only a change in the appearance of a property. | |
3 | Modification to the physical configuration of a property. | |
§ 250-133 Planned development district procedures.
A.
Purpose.
[Amended 11-29-2021 by Ord. No. 03-21]
(1)
The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval or denial of proposed planned developments (PDs) and to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district.
(2)
Planned developments are intended to provide more incentives for development and redevelopment in areas of the community which are experiencing a lack of significant investment. Furthermore, planned developments are designed to forward both the aesthetic and economic development objectives of the Village by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping and parking requirements. In exchange for such flexibility, the planned development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.
(3)
Planned developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, planned developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case-by-case basis. In order to prevent this from occurring, all planned developments are required to meet certain procedural requirements applicable only to planned developments in addition to the general requirements of this chapter. A public hearing process is required to review a request for a planned development. This process shall essentially combine the process for a zoning map amendment with that required for a conditional use, with several additional requirements.
B.
Provision of flexible development standards for planned developments.
[Amended 11-29-2021 by Ord. No. 03-21]
(1)
Permitted location. Planned developments shall be permitted with the approval of a planned development zoning district specific to the approved planned development within all zoning districts.
(2)
Flexible development standards. The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a planned development.
(a)
Land use requirements. All land uses and requirements listed as "residential" in § 250-36, "institutional" in § 250-38, "commercial" in § 250-39, "storage or disposal" in § 250-40, "transportation" in § 250-41, "industrial" in § 250-42, "accessory" in § 250-43, or "temporary" in § 250-44 may be permitted within a planned development.
(b)
Density and intensity requirements. All requirements listed in §§ 250-51 and 250-52 for residential density and nonresidential intensity are expected to be observed but may be waived or exchanged within a planned development for other characteristics equally desired by the Village upon presentation of a compelling justification/rationale.
(c)
Bulk requirements. All requirements listed in §§ 250-56, 250-57, 250-58, 250-59, 250-60 and 250-61 are expected to be observed but may be waived or exchanged within a planned development for other characteristics equally desired by the Village upon presentation of a compelling justification/rationale.
(d)
Landscaping requirements All requirements listed in §§ 250-75, 250-76, 250-77, 250-78 and 250-79 are expected to be observed but may be waived or exchanged within a planned development for other characteristics equally desired by the Village upon presentation of a compelling justification/rationale.
(e)
Performance requirements. All requirements listed in § 250-85 for access, § 250-86 for visibility, § 250-87 for off-street parking and traffic circulation, § 250-88 for off-street loading, § 250-89 for exterior storage, and§ 250-108 for the design of large developments are expected to be observed but may be waived or exchanged within a planned development for other characteristics equally desired by the Village upon presentation of a compelling justification/rationale.
(f)
Sign requirements.
[1]
Off-premises advertising sign. Off-premises advertising signs prohibited in §§ 250-112B(1) and 250-113A(10), (11), B(7), and C(1) may be allowed with a maximum sign area of up to 400 square feet per side, a maximum sign height of 50 feet, and a minimum sign setback of 10 feet from any right-of-way or property line. Said sign may have electronically or manually changeable static copy, and limited to one transition no more than every six seconds. Said sign shall be permitted only in the Planned Industrial (PI) Zoning District, and the regulations of this subsection may offer flexibility from the provisions for the PI Zoning District in § 250-115. Said sign may be located on a property without the presence of a principal structure.
[2]
Freestanding sign. Freestanding sign requirements in § 250-115 for nonresidential zoning districts may be allowed a maximum sign height of 50 feet and a minimum sign setback of 10 feet from any right-of-way or property line within the Planned Business (PB) or Planned Industrial (PI) Zoning Districts.
(3)
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the Village Board as part of the approved planned development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading) is otherwise listed as permitted in §§ 250-56 through 250-61. Requested exemptions from these standards shall be made explicit by the applicant in the application and shall be recommended by the Plan Commission and approved explicitly by the Village Board. If not so requested and approved, such exemptions shall not be permitted.
D.
Application requirements. All applications for proposed planned developments, regardless of the party of their initiation per Subsection C above, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the Village Clerk. Said application shall apply to each of the process steps in Subsections E through H below.
E.
PD Process Step 1: Preapplication Conference.
(1)
The applicant shall contact the Zoning Administrator to place an informal discussion item for the PD on the Plan Commission agenda.
(2)
No details beyond the name of the applicant and the identification of the discussion item as a PD is required to be given in the agenda.
(3)
At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the potential PD. Appropriate topics for discussion may include the location of the PD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the Master Plan.
(4)
Points of discussion and conclusions reached in this stage of the process shall be in no way be binding upon the applicant or the Village but should be considered as the informal, nonbinding basis for proceeding to the next step.
F.
PD Process Step 2: Concept Plan.
(1)
The applicant shall provide the Zoning Administrator with a draft PD concept plan submittal packet for a determination of completeness prior to placing the proposed PD on the Plan Commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for concept plan review:
(a)
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village of Johnson Creek Land Use Plan Map.
(b)
A general written description of proposed PD, including:
[1]
General project themes and images;
[2]
The general mix of dwelling unit types and/or land uses;
[3]
Proposed residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio.
[4]
The general treatment of natural features;
[5]
The general relationship to nearby properties and public streets;
[6]
The general relationship of the project to the Master Plan; and
[7]
An initial draft list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(d)
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the "bubble plan" in addition to the eleven-inch by seventeen-inch reduction.
[1]
Within 10 working days of receiving the draft PD concept plan submittal packet, the Zoning Administrator shall determine whether the submittal is complete. Once the Zoning Administrator has received a complete packet, the proposed PD concept plan shall be placed on the Plan Commission agenda.
[2]
At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the conceptual PD. Appropriate topics for discussion may include any of the information provided in the PD concept plan submittal packet or other items as determined by the Plan Commission.
[3]
Points of discussion and conclusions reached in this stage of the process shall not be binding upon the applicant or the Village but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal petition for rezoning which accompanies the general development plan application.
G.
PD Process Step 3: General Development Plan (GDP).
(1)
The applicant shall provide the Zoning Administrator with a draft general development plan (GDP) submittal packet for a determination of completeness prior to placing the proposed GDP on the Plan Commission agenda for GDP review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for GDP review:
(a)
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village of Johnson Creek Land Use Plan Map.
(b)
A map of the subject property showing all lands for which the planned development is proposed and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Jefferson County (as provided by the Village of Johnson Creek). Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale and a North arrow shall be provided.
(c)
A general written description of proposed PD, including:
[1]
General project themes and images.
[2]
The general mix of dwelling unit types and/or land uses.
[3]
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio.
[4]
The general treatment of natural features.
[5]
The general relationship to nearby properties and public streets.
[6]
A concise relationship summary of the project to the Master Plan, including points of conformity and nonconformity. Discuss nonconformity in detail and describe how other characteristics of the PD offer the Village a superior alternative.
[7]
A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PD zoning.
[8]
A complete list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
[9]
A written description of potentially requested exemption(s) from the requirements of the underlying zoning district, in the following order:
(d)
A general development plan drawing at a minimum scale of one inch equals 100 feet (eleven-inch by seventeen-inch reduction shall be provided by applicant) of the proposed project, showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[1]
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the "bubble plan" in addition to the eleven-inch by seventeen-inch reduction;
[2]
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;
[3]
Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or Village Board; and
[4]
Notations relating the written information provided in Subsection G(1)(c)[1] through [6] above to specific areas on the GDP drawing.
(e)
A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of this chapter (except as noted in the listing of exceptions) and the use of extra landscaping and bufferyards.
(f)
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from Village standards or common practices.
(g)
Written justification for the proposed planned development. (The applicant is advised to use the requirements of the conditional use procedure to develop said written justification.)
(i)
All portions of an approved PD/GDP not fully developed within five years of final Village Board approval shall expire, and no additional PD-based development shall be permitted. The Village Board may extend this five years period by up to five additional years via a majority vote following a public hearing.
H.
PD Process Step 4: Precise Implementation Plan (PIP).
(1)
After the effective date of the rezoning to PD/GDP, the applicant may file an application for a proposed precise implementation plan (PIP) with the Plan Commission. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for PD review:
(a)
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village of Johnson Creek Land Use Plan Map.
(b)
A map of the subject property showing all lands for which the planned development is proposed and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Jefferson County (as provided by the Village of Johnson Creek). Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(c)
A general written description of the proposed PIP, including:
[1]
Specific project themes and images;
[2]
The specific mix of dwelling unit types and/or land uses;
[3]
Specific residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;
[4]
The specific treatment of natural features;
[5]
The specific relationship to nearby properties and public streets;
[6]
A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PD zoning; and
[7]
A complete list of zoning standards which will not be met by the proposed PIP and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PIP and the location(s) in which they apply. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(d)
A precise implementation plan drawing at a minimum scale of one inch equals 100 feet (eleven-inch by seventeen-inch reduction shall be provided by applicant) of the proposed project, showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[2]
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;
[3]
Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or Village Board; and
[4]
Notations relating the written information provided in Subsection H(1)(c)[1] through [6] above to specific areas on the GDP drawing.
(e)
A landscaping plan for subject property, specifying the location, species and installed size of all trees and shrubs. This plan shall also include a chart which provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs.
(f)
A series of building elevations for the entire exterior of all buildings in the planned development, including detailed notes as to the materials and colors proposed.
(g)
A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles), and group development signage themes which are proposed to vary from Village standards or common practices.
(h)
A general outline of the intended organizational structure for a property owners' association, if any; deed restrictions and provisions for private provision of common services, if any.
(i)
A written description which demonstrates the full consistency of the proposed PIP with the approved GDP.
(j)
All variations between the requirements of the applicable PD/GDP zoning district and the proposed PIP development.
(k)
The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.
(l)
The area included in a precise implementation plan may be only a portion of the area included in a previously approved general implementation plan.
(m)
The precise implementation plan (PIP) submission may include site plan and design information, allowing the Plan Commission to combine design review and review of the PIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
(n)
The Plan Commission or Village Board may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the PIP, as such may be relevant to review.
(p)
All portions of an approved PD/PIP not fully developed within five years of final Village Board approval shall expire, and no additional PD-based development shall be permitted. The Village Board may extend this five-year period by up to five additional years via a majority vote following a public hearing.
§ 250-134 Purpose of administrative regulations.
The purpose of this portion of the article is to establish the administrative and enforcement framework for the application of this chapter.
§ 250-135 Zoning Administrator.
A.
Designation. The Village Administrator or a designee of the Village Administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter and is also herein referred to as the "Zoning Administrator." The duty of the Zoning Administrator is to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter.
B.
Duties. The provisions of this chapter shall be administered and enforced by the Zoning Administrator or a designee, who in addition thereto and in furtherance of said authority shall:
(1)
Determine that all detailed site analyses, building permits, certificates of occupancy, sign permits, site plans (and their constituent plans) comply with all provisions of this chapter.
(2)
Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.
(3)
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentations of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
(4)
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations and applications therefor.
(5)
Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered or improved in the floodland districts.
(6)
Receive, file and forward all applications for all procedures governed by this chapter to the designated official bodies.
(7)
Investigate all complaints made relating to the location of structures and the use of structures, lands and waters; give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises; and report uncorrected violations to the Village Attorney in a manner specified by him.
(8)
Institute, in the name of the Village of Johnson Creek, any appropriate actions or proceedings against a violator of this chapter, as provided by law.
(9)
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
(10)
Where useful, the Zoning Administrator or his agent may set marks on bridges or buildings or other markers which show the depth of the regional flood or may set marks delineating the boundaries of wetlands.
(11)
Request assistance and cooperation from the Village Police Department and Village Attorney as deemed necessary.
(12)
Make available to the public, to the fullest extent possible, all reports and documents concerning the Village's Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps and engineering data shall be readily available and widely distributed. The Village Board may set fees necessary to recover the cost of providing information to the public.
(13)
The Public Works Director may be designated "Deputy Zoning Administrator" by the Zoning Administrator.
(15)
Grant minor variations from the dimensional (setback, height and area) requirements of this chapter up to a maximum variation of 5% for setbacks and height limitations and up to a maximum variation of 5% or 1,000 square feet for area requirements (whichever is less), so long as the spirit and intent of the performance standards are preserved.
§ 250-136 Plan Commission.
A.
The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the Village to the Village Board, other public officials and other interested organizations and citizens. The Commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys.
B.
In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this chapter, its functions are primarily recommendatory to the Village Board pursuant to guidelines set forth in this chapter as to various matters and always being mindful of the intent and purposes of this chapter. Recommendations shall be in writing. A recording thereof in the Commission's minutes shall constitute the required written recommendation. The Commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.
§ 250-137 Zoning Board of Appeals.
The Zoning Board of Appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this chapter (see § 250-129) or appeals regarding an interpretation of the Zoning Administrator of the provisions of this chapter (see §§ 250-130 and 250-131).
A.
Establishment and membership. A Zoning Board of Appeals is hereby established. The Zoning Board of Appeals shall consist of five members appointed by the Village President, subject to confirmation by the Village Board, for three years, except that, of those first appointed, one shall serve for one year; two for two years. The members shall serve without compensation and shall be removable by the Village President for cause upon written charges and after public hearing. The Village President shall designate one of the members Chairman. The Village President shall appoint, subject to confirmation of the Board, for staggered terms of three years, two alternate members of such appeals board, in addition to the five members above provided for. Annually, the Village President shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act with full power only when a member of the board refuses or declines to vote, is disqualified because of interest, or when a member is absent. The second alternate shall so act when the first alternate so refuses or declines to vote, is disqualified because of interest, or is absent, or when more than one member so refuses or declines, is disqualified, or is absent. Other provisions herein appearing, with regard to removal and filling of vacancies, shall apply to such alternates. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. Appointments shall be made at the organizational meeting the third Tuesday in April. Terms of office shall commence the first day of May. The Village Clerk shall serve as secretary of the appeals board. The Board of Appeals may employ other employees.
B.
Organization.
(1)
The Board of Appeals shall adopt rules for its government and procedure. Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board of Appeals may determine. The Chairman, or in his absence an elected Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(2)
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Appeals, which is the Village Clerk's office, and shall be a public record.
C.
Powers.
(1)
The Board of Appeals shall have the following powers:
(a)
To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator.
(b)
To hear and decide special exceptions to the terms of this chapter upon which the Board of Appeals is required to pass.
(c)
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, when owing to special conditions a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
(d)
Permit, in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
(2)
In exercising the above-listed powers, the Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and, to that end, shall have all the powers of the Zoning Administrator or other administrative officer from whom the appeal is taken. The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.
(3)
In addition to the foregoing powers, the Board of Appeals shall have the following specific powers:
(a)
To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown on the Zoning Map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on the aforesaid map.
(b)
The Board of Appeals shall have the power to call on any other Village department for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.
(4)
Except as specifically provided, no action of the Board of Appeals shall have the effect of permitting in any district uses prohibited in such districts.
D.
Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village of Johnson Creek affected by any decision of the administrative officers. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Appeals, by filing with the officer(s) from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Village Board. The officer(s) from whom the appeal is taken shall forthwith transmit to the Board of Appeals all papers constituting the record of appeals upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time.
E.
Notice of hearing. The Board of Appeals shall fix a reasonable time and place for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing to the fee owners of record of all land within 300 feet of any part of the subject building or premises involved in the appeal.
F.
Hearings. Hearings on appeals shall be public and shall be conducted according to the rules of procedure adopted by the Board. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Deliberations of the Board following public hearing may be made either in public or closed session, as the Board shall determine, pursuant to § 19.85, Wis. Stats. Decisions of the Zoning Board will be made in public session.
G.
Findings.
(1)
Findings of fact and reasons for all actions taken shall be reduced by the Board to writing in the minutes of the proceedings.
(2)
In the case of an appeal for a variance, an affirmative finding shall show the following, together with the facts and the grounds therefor:
(a)
A literal enforcement of the terms of the Zoning Code would result in practical difficulty or unnecessary hardship to the appellant.
(b)
The variance is not contrary to the public interest and will not endanger public safety.
(c)
The variance is in accord with the spirit of the Zoning Code.
(d)
The variance will cause substantial justice to be done.
(3)
Additional issues to be considered by the Board in case of appeal based on variance, in arriving at its reasons and grounds for the above required findings, are the following:
(a)
Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.
(b)
Exceptional circumstances. There may be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general recurrent nature as to suggest that the Zoning Code should be changed.
(c)
Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
(d)
Preservation of property rights. Such variance may be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
(e)
Absence of detriment. Such variance should not create substantial detriment to adjacent property and shall not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
I.
Decision. The Zoning Board of Appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant, Zoning Administrator, and Village Plan Commission.
(1)
Conditions may be placed upon any zoning permit ordered or authorized by this Board.
(2)
Variances, substitutions or use permits granted by the Board shall expire within 12 months unless substantial work has commenced pursuant to such grant.
(3)
Applicants receiving variances in floodlands shall be notified, in writing, by the Board of Appeals that increased flood insurance premiums and risk to life or property may result from the granting of the variance. The Board shall keep a record of the notification in its files.
J.
(Reserved)
K.
Review by court of record. Any persons aggrieved by any decisions of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the Board.
§ 250-138 Fees.
[Amended 9-28-2009 by Ord. No. 13-09]
A.
Fees for procedures requested by a private party. The fees for the procedures and permits established by this chapter shall be established by resolution of the Village Board of the Village of Johnson Creek.
B.
Fees for procedures requested by the Village of Johnson Creek. There shall be no fee in the case of applications filed in the public interest by the Village Board or the Plan Commission, other agency, or official of the Village of Johnson Creek.
C.
Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the Village (per the requirements of this chapter) and are not refundable.
D.
Reimbursable costs. The Village Administrator, Village Zoning Administrator, Village Planner, Village Engineer and Village Attorney, and other Village staff, may expend time in the investigation and processing of conditional use applications (§ 250-124), site plan review and supplemental regulations (§ 250-127), and Zoning Ordinance amendments (§ 250-121). In addition to Village staff involvement, the Village may retain the services of professional consultants, including but not limited to engineers, landscape architects, architects, attorneys, environmental specialists, and recreation specialists, in the administration, investigation and processing of such matters. Any person, firm or corporation requesting action by the Village on conditional use permits, permits pursuant to the supplemental regulations and Zoning Ordinance amendments may be required, with Village Board approval, to reimburse the Village for staff time expended in the administration, investigation and processing of applications for such permits or amendments and the cost to the Village charged by any professional consultant retained by the Village on any such matter. Notice shall be sent to the property owner or representative of the property owner informing them of the Village policy on reimbursement costs.
§ 250-139 Violations and penalties.
A.
Violations of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this chapter or otherwise neglect, refuse or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Subsection B below and, in addition, shall pay all costs and expenses, including actual reasonable attorneys' fees and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
B.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator shall, upon conviction thereof, forfeit not less than $10 nor more than $200 and costs of prosecution for each violation and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
C.
Johnson Creek promulgated correction of violation. In addition to any other penalty imposed by this article for a violation of the provisions of this chapter, the Village reserves and maintains the continued right to abate violations of this chapter.
(1)
Hazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection C(3) below. The Zoning Administrator is hereby authorized to abate a violation of this chapter.
(2)
Nonhazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall serve written notice by registered mail on the current owner of the property (as indicated by current Village of Johnson Creek tax records) on which said violation is occurring to remove said violation within 10 working days. If such violation is not removed within such 10 working days, the Zoning Administrator shall cause the violation to be abated per Subsection C(1) above. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection C(3) below.
(3)
Cost of abatement. In addition to any other penalty imposed by this article for a violation of the provisions of this chapter, the cost of abating a violation of this chapter per Subsection C(1) and/or (2) above shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the Village to abate the violation shall be kept, and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by registered mail and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter such charges onto the tax roll as a special tax as provided by § 66.0907, Wis. Stats.