Submittal of a complete application, including fee payment along with appropriate information.

Review of the submittal by appropriate Village staff and officials.

Action by appropriate Village officials or staff to approve, approve with conditions, or deny the application.

A copy of the portion of the current provisions of this chapter that is proposed to be amended.

A copy of the text that is proposed to replace the current text.

Written justification for the proposed text amendment.

Any further information that may be required by the Plan Commission to facilitate the making of a comprehensive report to the Village Board.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the petitioner.

The Zoning Administrator shall review the application and evaluate whether the proposed amendment meets the following criteria:

The Zoning Administrator shall prepare a written report addressing items in Subsection D(2)(a) through (f) above and forward said report 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 this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

Within 60 days of the public hearing, the Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding § 390-1204D(2)(a) through (f) above and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of § 390-1204D(2)(a) through (f) above and that the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

If the Plan Commission fails to make a report within 60 days after the filing of a complete application, 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 shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements so § 390-1203.

The Village Board shall consider the Plan Commission's recommendation regarding the proposed amendment. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the petitioner. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings.

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.

Any action to amend the provisions of the 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.

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.

A map depicting the general location of the subject property in relation to the Village as a whole.

A map of the subject property showing all lands for which the zoning is proposed to be amended, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as they appear on the current tax records of the Village of Williams Bay. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) that maintains that control. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier, and shall be at a scale 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.

As an optional requirement, the applicant may provide written justification for the proposed Official Zoning Map amendment, stating reasons why the application is consistent with the Village's Comprehensive Plan.

Any further information that may be required by the Plan Commission to facilitate the making of a comprehensive report to the Village Board.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the petitioner.

The Zoning Administrator shall review the application and evaluate whether the proposed amendment meets the following criteria:

The Zoning Administrator shall prepare a written report addressing items in Subsection D(2)(a) through (d) above and forward said report 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 this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

Within 60 days of the public hearing, the Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding § 390-1205D(2)(a) through (d) above and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of § 390-1205D(2)(a) through (d) above and that the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

If the Plan Commission fails to make a report within 60 days after the filing of a complete application, 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 shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements so § 390-1203.

The Village Board shall consider the Plan Commission's recommendation regarding the proposed amendment. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the petitioner. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings.

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.

Any action to amend the Official Zoning Map 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.

If the Village Board wishes to make significant changes in the proposed map 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.

Written description. A written description of the intended use of the subject property, describing in reasonable detail, the following:

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 Future Land Use Map with the subject property clearly indicated shall suffice to meet this requirement.)

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

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 buffer yard 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 9. The plan shall clearly indicate individual plant locations and species, fencing types and heights, and berm heights.

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.

Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment, 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.

A detailed photometric plan that shows the impact of all exterior light fixtures based on the proposed fixture's pole heights and light bulb needs depicting resulting lighting levels across the entire property to the property lines rounding to the nearest 0.10 footcandle. The plan must be in compliance with lighting performance standards in Article 8.

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

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

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 the 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 that 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.

Review by Village staff. Village Staff shall review the submitted detailed site analysis map for general compliance with the data sources listed below. The Zoning Administrator may provide the applicant with a written evaluation of the submitted detailed site analysis map that shall indicate the acceptance by Village Staff, or the need for further analysis work, discussion with the applicant and/or staff-recognized experts, or a joint site visit.

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 § 390-1216.)

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 applicant may proceed with the submittal of necessary development documents.

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

Review by the Zoning Administrator.

Review and recommendation by the Plan Commission.

Review and action by the Village Board.

Certain uses in situations that 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, regulations, or conditions that would permit such determination in each individual situation, may be permitted as conditional uses.

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, or the community as a whole.

Their particularly specialized nature.

Their particular location within a district.

The peculiarly unique relationships or needed compatibility between uses and involved individuals.

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

A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Walworth County (as provided by the Village of Williams Bay). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) that maintains that control. Said map shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.

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

A site plan of the subject property as proposed for development. Said site plan shall conform to all requirements of § 390-1206. If the proposed conditional use is a group or large development (per § 390-0821), 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 § 390-1206.

As an optional requirement, the applicant may provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

The Zoning Administrator shall review the application and evaluate whether the proposed amendment meets the following criteria:

The Zoning Administrator shall prepare a written report addressing items in Subsection E(2)(a) through (e) above, to be forwarded 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 Plan, the Zoning Administrator shall note this determination in the report.

Within 60 days after the public hearing, the Plan Commission may make a written report to the Village Board, and/or may state in the minutes its findings regarding § 390-1207E(2)(a) through (e) above, and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of § 390-1207E(2)(a) through (e) above.

If the Plan Commission fails to make a report within 60 days after the filing of a complete application, 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 shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements so § 390-1203.

The Village Board shall consider the Plan Commission's recommendation regarding the proposed conditional use. The Village Board may request additional information and/or 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.

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, or its own members), or may deny approval of the proposed conditional use.

Any action to amend the provisions of proposed conditional use requests requires a majority vote of the Board. The Village Board's approval of the requested conditional use permit shall be considered the approval of a unique request, and shall not be construed as precedent for any other 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 Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to Board action.

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.

Land uses that fail to meet one, but not more than one, of the requirements for temporary uses of § 390-0316 may be reviewed as a conditional use.

A map of the subject property showing all lands for which the temporary use is proposed, and all other lands within 200 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) that maintains that control. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier, and shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.

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

The Zoning Administrator may require a site plan of the subject property, in which case said site plan shall conform to any and all the requirements of § 390-1206.

The Zoning Administrator shall determine whether the temporary use permit application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

The Zoning Administrator shall review the application and evaluate the proposal for compliance with this chapter.

The Zoning Administrator shall prepare a written report addressing items in § 390-1208D(2) above and forward said report 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 this chapter, the Zoning Administrator shall note this determination in the report.

The Plan Commission, in its consideration of the submitted application, may make findings on each of the following criteria to determine whether the temporary use permit shall be approved, approved with modification, or denied:

The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection E(1) above and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of Subsection E(1) above.

The Village Board shall consider the Plan Commission's recommendation regarding the proposed temporary use permit. The Village Board may request additional information and/or 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.

The Village Board may approve the temporary use permit as originally proposed, may approve the proposed temporary use permit with conditions (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed temporary use permit.

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

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.

Plat of survey prepared by a professional land surveyor showing the location, boundaries, dimensions, uses, and size of the following:

The Zoning Administrator may waive the plat of survey requirement for accessory buildings and additions to single-family and two-family dwellings when the building or addition is less than 250 square feet in area. When the plat of survey requirement is waived, the applicant shall submit a sketch plan, on forms provided by the Zoning Administrator, showing the information generally required on the plat of survey.

Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Walworth County Health Department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The Village Engineer shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.

Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 812 of the Wisconsin Administrative Code and shall be approved by the Village Engineer who shall certify in writing that an adequate and safe supply of water will be provided.

Additional information as may be required by the Plan Commission or Zoning Administrator.

The Zoning Administrator shall determine whether the zoning permit application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

The Zoning Administrator shall review the application and evaluate the proposal for compliance with this chapter.

The Zoning Administrator shall prepare a written report addressing items in § 390-1209D(2) above and forward said report 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 this chapter, the Zoning Administrator shall note this determination in the report.

The Plan Commission, in its consideration of the submitted application, may make findings on each of the following criteria to determine whether the zoning permit shall be approved, approved with modification, or denied:

The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection E(1) above, and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of Subsection E(1) above.

The Village Board shall consider the Plan Commission's recommendation regarding the proposed zoning permit. The Village Board may request additional information and/or 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.

The Village Board may approve the zoning permit as originally proposed, may approve the proposed zoning permit with conditions (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed zoning permit.

No zoning permit shall be required for any of the following:

Any development that qualifies for an exemption under Subsection H(1)(a) through (c) above shall still be required to comply with the applicable setback, yard, height, and other requirements set forth in this chapter.

No structure or development in a floodplain overlay district (FWO, FFO, GFO) shall be exempt from obtaining a zoning permit, even if it is otherwise listed in Subsection H(1)(a) through (c) above.

Certificate of compliance shall be required for any of the following:

No such occupancy or change of use shall take place until certificate of compliance has been issued.

Every application for a building permit shall also be deemed to be an application for a certificate of compliance for a new building or for an existing building that is to be substantially altered or enlarged as determined by the Zoning Administrator. Such permit 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.

Application. Written application for a certificate of compliance 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 prepared in triplicate on printed forms provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:

Review by Zoning Administrator.

Review and recommendation by the Plan Commission.

Review and action by the Village Board.

Every certificate of compliance 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 compliance 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.

A map of the subject property showing all lands for which the variance is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Walworth County (as determined by the Village of Williams Bay). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) that maintains that control. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier, and shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.

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

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 390-1206.

Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the standards set out in Subsection D(2)(c) below.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application per the following:

The Zoning Administrator shall prepare a written report addressing items in Subsection D(2)(a) through (f) above to be forwarded to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Village's Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

Within 30 days after the holding of the public hearing, the Zoning Board of Appeals shall make its findings per Subsection D(2)(a) through (f) 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.

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.

Said report shall include formal findings of fact developed and approved by the Zoning Board of Appeals concerning the requirements of Subsection D(2)(a) through (f) above.

Clear indication of the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.

If the requested interpretation relates to the application of this chapter to a specific property, the additional following information shall be required. The Zoning Administrator may waive one or more of the following requirements where such information is not deemed to be substantive, in the opinion of the Zoning Administrator, to the issue at hand.

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:

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

The Zoning Administrator shall prepare a written report indicating the interpretation of the Zoning Administrator and forward the report to the Plan Commission with a copy to the applicant. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

The Plan Commission, in its consideration of the requested interpretation, may make findings based on the standards listed in Subsection G below.

The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection G below, and its recommendations regarding the request for interpretation as a whole.

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 that are not explicitly articulated.]

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 that provides a greater degree of design freedom to achieve an allowed land use, and an interpretation that permits a new or not previously allowed use, or that allows a use to be enlarged, or have its intensity increased beyond the degree specified in this chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter is to be prohibited.)

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 that 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 that 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 that 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.]

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 Village's Comprehensive Plan. 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.

In addition to the applicant's response to the questions required by Subsection G(1) through (5) above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:

No interpretation finding a particular land use to be permitted by right or allowed as a conditional use 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 an occupancy permit is obtained and a use commenced within that period.

An interpretation finding a particular land use to be permitted by right or allowed as a conditional use 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.

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.

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.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the requested appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the request is in harmony with the recommendations of the Comprehensive Plan.

The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.

Within 60 days after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall make its findings per Subsection E(1) through (3) above. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at the applicant's request. Said final action shall be followed by a written report that shall include formal findings of fact developed and approved by the Zoning Board of Appeals concerning the request.

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.

No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted by right or allowed as a conditional use 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 an occupancy permit is obtained and a use commenced within that period.

A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted by right or allowed as a conditional use 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.