1. Application. The regulations in this chapter are adopted pursuant to Wis. Stat. 62.23(7)(am). This Chapter shall not be construed to legalize the use of land or construction of a structure in any manner that violates any other law.
2. Use. No building or premises shall be used, in whole or in part, except as explicitly authorized by this Chapter as specified for the Zoning District in which any such building or premises is located.
3. Structures. All structures shall conform to the requirements established in this Chapter for the Zoning District in which each structure is located.
4. Legal Nonconforming Structures and Uses. All structures lawfully erected and uses lawfully established prior to the effective date of this Chapter, or any amendment, may continue only to the extent allowed by state law. Any nonconforming structure or use shall comply with this Chapter upon no longer qualifying as a legal nonconforming structure or use under state law.
5. Principal Buildings Limited. Every building hereafter erected or structurally altered shall be located on a lot. There shall be no more than 1 principal building on a lot except in the case of those lands developed as a Planned Development under this Chapter.
6. Unoccupied Lots: Where a lot is occupied for a permitted use without buildings or structures, side yard and front yard requirements normally associated with the Zoning District in which the lot is located shall be maintained, unless otherwise stipulated in this Chapter, except that side yards shall not be required on lots used for garden purposes without buildings or structures or on lots used for public recreational purposes.
7. Yards Apply to Single Building: No required yard or other open space around an existing building shall be considered as providing a yard or open space for any other building or for any other lot on which a building may be erected.
8. Exemptions for City Premises: The regulations established in this Chapter are not enforceable against the City.
9. Floodplain Zoning Ordinance: Within the area shown and designated on the Official Zoning Map as flood control district, no building or structure shall be erected, no existing building or structure shall be structurally altered, no building or structure shall be moved into the said area and no use of land shall be made except, in addition to all other applicable regulations of this Chapter, in compliance with the specific regulations of the Floodplain Zoning Ordinance. The regulations of the Floodplain Zoning Ordinance shall be construed as supplementary to the regulations imposed on the same lands by any underlying zoning regulations. When flood control and underlying zoning regulations conflict, the most restrictive regulations shall govern.
10. The Building Inspector and Director of Development or their designees shall administer and may enforce the provisions of this Chapter.
    
    

1. Any person, firm or corporation violating any provision of this Chapter shall, for each offense, forfeit not less than $25, nor more than $500, together with the costs of prosecution. Each day a violation of a provision of this Chapter continues constitutes a separate offense.
2. In case any building or structure is or is proposed to be erected, constructed or reconstructed or any building, structure or premises is proposed to be used in violation of the provisions of this Chapter, the Building Inspector or the City Attorney or any adjacent or neighboring property owner who would be specially damaged by such violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any such violation.
   
   

1. No building permit for the construction of any building, structure, or project to which this section applies shall be issued until a site and architectural plans for that building, structure, or project have been reviewed and approved pursuant to this section. Site improvements not requiring a building permit but subject to site plan approval shall not be commenced until approved pursuant to this section.
2. Authority
   1. Except as otherwise stated, site plan approval by the Plan Commission is required for any of the following:
      1. new construction
      2. change of use
      3. additions to existing buildings
      4. exterior alterations
      5. repairs to existing buildings for which a building permit is required
      6. conducting a conditional use
      7. site changes
   2. Site plan approval by the Plan Commission or Planning and Zoning Office is required for any of the following:
      1. New construction of a 1- or 2-unit dwelling
      2. Conversion with exterior modification of a 1- or 2-unit dwelling
   3. In approving any site plan, the Plan Commission or, if applicable, the Common Council shall have the authority to stipulate those conditions it deems necessary to protect the public interest and to secure compliance with this section.
   4. The Plan Commission shall have the authority to adopt reasonable rules and regulations relative to the exercise of its powers under this section. Such rules may include specific site and architectural design criteria that serve to implement the general standards set forth in this section. Rules will become effective only after they have been approved by the Common Council following due notice and public hearing. Publication of this notice will be as required for a Class 2 notice under Wisconsin Statutes.
   5. As a condition of approving a site plan, the Plan Commission may require that the applicant provide a security bond, letter of credit or cash deposit to ensure the completion of all required site improvements.
      1. The form of the bond or other security, if any, shall be prescribed by the Plan Commission.
      2. The amount of any bond or other security may not exceed 125% of the estimated cost of the site improvements and may be reduced over the life of the construction of the project as elements are completed; however, even if the amount is reduced, the bond or other security will remain in force until all required site improvements have been completed and approved by the Building Inspector.
      3. The Plan Commission may require more than 1 estimate from licensed contractors to determine the value of the bond or security.
   6. The Plan Commission shall have the power to approve, approve with conditions, or reject a site plan based on the requirements specified in this section and those rules adopted and approved pursuant to this section.
3. Procedure
   1. Application. The applicant must submit an application with the Planning & Zoning Office. The application shall include the following:
      1. Completed application and fee listed in the Fee Schedule.
      2. Project description.
      3. Site plan.
   2. Plan Commission Review. Site and building designs shall:
      1. Provide for the placement of all site elements necessary to create a safe, functional, convenient, healthful, durable and attractive environment.
      2. Preserve the positive features of the site to the extent possible and minimize their destruction or harmful alteration. In particular, site and landscape designs shall protect mature trees and soils and use landscaping and natural features to manage and infiltrate stormwater runoff wherever practicable.
      3. Ensure that all developments function within the context of the site and the surrounding area. Site designs shall eliminate, or if not possible to eliminate, mitigate potential hazards created by the proposed development.
      4. Be designed in accordance with site and architectural design criteria adopted and approved by the plan commission
   3. Plan Commission Decision. The Plan Commission may approve, approve with conditions, or reject the application.
      1. The Plan Commission decision shall be in writing and contain a statement of reasons for its action. Any conditions of approval shall be specifically stated in the decision. A copy of the Plan Commission decision will be sent to the applicant and owner, if different from the applicant.
      2. The Plan Commission decision on an application shall be issued within 60 days of filing of the application with the Planning & Zoning Office unless the applicant has agreed in writing to an extension.
   4. Appeals. Any person aggrieved by a decision of the Plan Commission under this section may appeal that decision to the Common Council.
4. Effect of Approval. Building permits and certificates of occupancy shall be consistent with plans approved by the Plan Commission. Construction, location and use of all buildings and structures shall also be consistent with the approved plans.
   1. Sites, buildings, and structures will be completed and maintained in accordance with the final plans approved pursuant to this section.
   2. Approved plans will run with the land and will remain in effect regardless of changes in ownership of the subject property.
5. Approval Expiration. Approval will expire 1 year from the date of approval unless construction is underway, or the applicant has been granted a valid building permit. If construction is underway or a building permit has been granted after 1 year from the date of approval, the approval will expire if construction is not completed within 2 years of the Plan Commission decision. An extension of time of the time limitations may be granted by the Plan Commission with the following criteria:
   1. The applicant requesting the extension shall complete a planning application available from the Department of Development and shall submit an extension fee. The fee may be waived at the discretion of the Planning & Zoning Manager.
   2. A written explanation for the extension of time shall accompany the planning application along with a timeline/schedule for obtaining necessary permits, zoning, state and municipal approvals and a target date for construction start.
   3. The request for extension shall be submitted within 60 days of the expiration of the Plan Commission approval, and the Plan Commission shall decide on the length of the requested extension of time. 
6. Revocation. The Plan Commission shall have the authority to revoke its approval of a site and/or architectural plan if the provisions of that plan are not fully implemented.
7. Conditional Occupancy. In the event the completion of all required site improvements is delayed due to work stoppages, extraordinary or seasonal weather conditions or damage caused by fire, or other casualty, a conditional occupancy for the project, or any part thereof, may be approved by the Building Inspector.
   1. This approval shall be subject to whatever terms and conditions are deemed necessary by the Building Inspector to protect the public interest and promote and secure compliance with the purposes and intent of this section. No conditional occupancy will be allowed unless the improvements to be occupied are approved for occupancy by the Building Inspector.
   2. All required site improvements will be completed within a period set by the Building Inspector from the date of approval of the conditional occupancy.
   3. The approval of a conditional occupancy will not be interpreted as a waiver of any of the applicant's obligations under this section, except to extend the time for completion of the site improvements.
8. Re-Application. No application which has been wholly, or in part, rejected may be resubmitted until at least 1 year from the date of the final action of the Plan Commission, except in the case of newly discovered evidence or proof of changed conditions.
9. Amendments. No modification or alteration of any plan approved pursuant to this section will be permitted unless approved in writing by the Plan Commission.
   1. An application for any such alteration or modification shall be filed with the Plan Commission on a form approved by the Plan Commission.
   2. Alterations and modifications shall be subject to the same standards and criteria as original applications and shall be in conformance with all the provisions of this section.
      
      

1. Conditional Uses Necessary. Within each Zoning District, there are various permitted uses. There are also various other uses which are required for the public convenience but are potentially incompatible with permitted uses and which can have a deleterious impact on the surrounding area. This impact cannot be predetermined or controlled by general regulations. In addition, these conditional uses cannot always be confined to specific Zoning Districts. Therefore, to ensure compatibility with the neighborhoods in which they may be located, it is necessary that these conditional uses not be permitted as a matter of right, but only after appropriate review and approval as provided by this Section. Conditional uses shall be granted by the Common Council, as provided under the provisions of the Section and Wis. Stat. 62.23(7)(de).
2. Standards for Approval
   1. The establishment, maintenance or operation of the conditional use will not be detrimental or endanger the public health, safety, morals, comfort or general welfare and will not otherwise conflict with the purpose and intent of this Chapter.
   2. The use, value and enjoyment of other property in the surrounding area for permitted uses will not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
   3. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for permitted uses in the Zoning District.
   4. Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
   5. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in the public streets.
   6. Adequate measures have been or will be taken to encourage walking, biking, and transit trips in a manner that considers the context of the surrounding community as well as the broader urban design needs of the city.
   7. The conditional use will comply with all additional regulations imposed on it by the particular provision of this Chapter authorizing such use.
3. Authority
   1. In granting any conditional use, the Common Council shall have the authority to change the minimum or maximum requirements specified for such uses in the respective Zoning Districts and shall establish such regulations and impose such conditions and restrictions on the use as are reasonably necessary to secure compliance with the standards set forth in this section and chapter.
   2. The regulations that are established and any conditions and restrictions that are imposed shall be expressly set forth in the resolution granting the conditional use and shall govern the development, use and occupancy of the property, subject to such other required permits and approvals, including, but not limited to site and architectural approvals required under this Chapter and a building permit under Chapter 13 of this Code.
   3. The Common Council may limit the conditional use permit's duration, its transferability, and its renewal after expiration.
4. Procedure
   1. Application. The applicant must submit an application with the Planning & Zoning Office. The application shall include the following:
      1. Completed application and fee listed in the Fee Schedule.
      2. Project description.
      3. Site plan.
   2. Addition to Common Council Agenda. Upon receipt of an application, the City Clerk will place the application on the agenda of the Common Council. The Common Council will refer the matter to the City Plan Commission and Safety and Development Committee for review and a recommendation.
   3. Plan Commission Review. The City Plan Commission will review the Site plans associated with the Conditional Use application
   4. Safety and Development Committee Review. The Safety and Development Committee of the Common Council will meet to review the recommendations of the Plan Commission. Members of the public will be allowed to address the Committee with the approval of the Chair. The Safety and Development Committee will make its own decision on the application which may agree or disagree with that of the Plan Commission. The decision of the Committee will be forwarded to the Common Council along with the recommendation of the Plan Commission.
   5. Common Council Public Hearing. Any public hearing required by Wis. Stat. 62.23(7)(de)3. shall be held by the Common Council. Notice of the time and place of the hearing shall be made in the official City newspaper as a Class II notice, as provided by law. The City Clerk will mail the notice of the hearing to the applicant, his agent or attorney, at least 10 days before the date of the public hearing. In addition, the City Clerk shall mail notice of the hearing to property owners within 200 feet of the effected property at least 10 days prior to any such hearing, but failure to give such notice shall not invalidate any amendments.
   6. Common Council Decision. Following the public hearing and receipt of the recommendations of the Plan Commission and the Safety and Development Committee, the Common Council will render a final decision on the application. This decision will be to approve, disapprove or refer the application back to the Safety and Development Committee for further study.
      1. The Common Council will render its written decision within 60 days of the close of the public hearing. The written decision will include all the reasons for granting or denying the permit, including specific reference to the standards found in Subsection (1) and a record of the vote of the Common Council. The City Clerk will mail the written decision to the applicant.
      2. A majority vote of the Common Council is necessary to permit or deny a special use.
5. Effect of Approval. Building permits and certificates of occupancy shall be consistent with plans approved by the Common Council. Construction, location and use of all buildings and structures shall also be consistent with the approved plans.
   1. Sites, buildings, and structures will be completed and maintained in accordance with the final plans approved pursuant to this section.
   2. Approved plans will run with the land and will remain in effect regardless of changes in ownership of the subject property.
6. Approval Expiration. Approval will expire 1 year from the date of approval unless construction is underway, or the applicant has been granted a valid building permit. If construction is underway or a building permit has been granted after 1 year from the date of approval, the approval will expire if construction is not completed within 2 years of the Plan Commission decision. An extension of time of the time limitations may be granted by the Plan Commission with the following criteria:
   1. The applicant requesting the extension shall complete a planning application available from the Department of Development and shall submit an extension fee. The fee may be waived at the discretion of the Planning & Zoning Manager.
   2. A written explanation for the extension of time shall accompany the planning application along with a timeline/schedule for obtaining necessary permits, zoning, state and municipal approvals and a target date for construction start.
   3. The request for extension shall be submitted within 60 days of the expiration of the Plan Commission approval, and the Plan Commission shall decide on the length of the requested extension of time.
7. Revocation. The Plan Commission shall have the authority to revoke its approval of a site and/or architectural plan if the provisions of that plan are not fully implemented.
8. Conditional Occupancy. In the event the completion of all required site improvements is delayed due to work stoppages, extraordinary or seasonal weather conditions or damage caused by fire, or other casualty, a conditional occupancy for the project, or any part thereof, may be approved by the Building Inspector.
   1. This approval shall be subject to whatever terms and conditions are deemed necessary by the Building Inspector to protect the public interest and promote and secure compliance with the purposes and intent of this section. No conditional occupancy will be allowed unless the improvements to be occupied are approved for occupancy by the Building Inspector.
   2. All required site improvements will be completed within a period set by the Building Inspector from the date of approval of the conditional occupancy.
   3. The approval of a conditional occupancy will not be interpreted as a waiver of any of the applicant's obligations under this section, except to extend the time for completion of the site improvements as provided in b.
9. Re-Application. No application which has been wholly, or in part, rejected may be resubmitted until at least 1 year from the date of the final action of the Plan Commission, except in the case of newly discovered evidence or proof of changed conditions.
10. Amendments. No modification or alteration of any plan approved pursuant to this section will be permitted unless approved by the Common Council. 
    1. Any application for an alteration, extension or other modification will be filed and processed as an original application under this section.
    2. Alterations and modifications shall be subject to the same standards and criteria as original applications and shall be in conformance with all the provisions of this section.
    3. Maintenance, repair or renovation of existing buildings, structures or improvements and alterations, extensions or other modifications of such buildings and structures which do not increase, intensify, expand, or substantially change the character of the conditional use do not require approval by the Common Council
       
       

1. The Board shall operate under Wis. Stat. 62.23(7)(e) and may adopt procedural rules in accordance with the provisions of this section.
2. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer within 30 days after notice of the decision by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof.
3. In granting a variance, the Board may specify, in writing to the applicant, such conditions of the variance that will, in its judgment, substantially secure the objectives of the regulations or provisions to which the variance applies. A variance is only valid only upon complying with any specified conditions.
   
4. No application or appeal which has been denied, wholly or in part, by the Board may be resubmitted for a period of 1 year from the date of the last denial, except on the grounds of new information or changed conditions which are found valid by the Board upon inspection.
   
5. A variance granted under this section shall expire if the action authorized by the variance or the board grants an extension of time is not commenced within 6 months after granting the variance.
6. Nothing in this section shall preclude the granting of special exceptions by the city plan commission or the common council.
   
   

The terms below shall have the following meanings within this chapter: