(1)

Purpose. The purpose of this section is to establish the administrative and enforcement framework for the application of this Zoning Ordinance, which shall be referred to as "the [chapter]" in this subchapter.

(2)

Zoning Administrator and Zoning Code Enforcement Officer.

(a)

Designation. The Zoning Administrator shall be the Director of Planning and Development, or a designee of the Director of Planning & Development approved by the Board. The Zoning Code Enforcement Officer shall be the Building Inspector, the Zoning Inspector or the Building and Zoning Inspector, as determined by the Board, or a designee approved by the Board. The Board designates the Village Engineer as the alternate Zoning Code Enforcement Officer.

(b)

Duties.

1.

Zoning Administrator. The provisions of this [chapter] shall be administered by the Zoning Administrator. In addition to overall administration, and in furtherance of such authority, the Zoning Administrator shall:

a.

Determine that all detailed site analyses, site plans, and related materials comply with all provisions of this [chapter], Chapter 38, Planning and Development Ordinance and Chapter 10, Buildings and Building Regulations Ordinance.

b.

Maintain permanent and current records of this [chapter], including, but not limited to, all maps, amendments, conditional uses, temporary uses, site plans, variances, appeals, interpretations, and applications therefor.

c.

Maintain permanent and current records of Chapter 38, Planning and Development Ordinance and Chapter 10, Buildings and Building Regulations Ordinance as pertinent to zoning administration and related planning and development matters.

d.

Receive, file and forward all applications for any and all procedures governed by this Zoning Ordinance to the designated official bodies.

e.

Make interpretations regarding the provisions of this Zoning Ordinance as necessary and prudent for operation of the Village, and following consultation with the Village Engineer, Village Attorney and/or Village Planner, as needed.

2.

Zoning Code Enforcement Officer. The provisions of this [chapter] shall be enforced by the Zoning Code Enforcement Officer, who shall:

a.

Determine that all building permits, Certificates of Occupancy, sign permits, (and their constituent plans) comply with all provisions of this [chapter].

b.

Maintain permanent and current records of this [chapter], including, but not limited to, all building permits, sign permits, occupancy permits and applications therefor.

c.

Conduct inspections of buildings, structures and land to determine compliance with all provisions of this [chapter].

d.

Institute, in the name of the Village, any appropriate actions or proceedings against a violator of this [chapter], as provided by law and following consultation with the Zoning Administrator, Village Engineer, Village Attorney and/or Village Planner, as needed.

(3)

Plan Commission. The Plan Commission shall have the duty to review and make recommendations to the Village Board on all requests related to Zoning Ordinance amendments, Zoning Map amendments, Conditional Use Permits, and Site Plan Review. Public hearings on zoning matters, where required by law, shall be conducted by the Plan Commission.

(4)

Village Board. The Village Board shall make the final determination of all requests related to Zoning Ordinance amendments, Zoning Map amendments, Conditional Use Permits, and Site Plan Review after consideration of the Plan Commission recommendation.

(5)

Board of Zoning Appeals. The Board of Zoning Appeals shall have the duty to review and determine all matters relating to requested variances from the provisions of this [chapter] or appeals regarding an interpretation of the Zoning Administrator of the provisions of this Ordinance.

(6)

Fees.

(a)

Fees for procedures requested by a private party. Required fees shall be as set by resolution of the Village Board.

(b)

Fees for procedures requested by the Village of Windsor. There shall be no fee in the case of applications filed in the public interest by the Village Board or the Plan Commission, other governmental agency as approved by the Zoning Administrator or Village official acting in his or her official capacity.

(c)

Payment of fees. Fees shall be due and paid at the time applications are filed with the appropriate officer of the Village (per the requirements of this [chapter]) and are not refundable.

(d)

Applications deemed "not accepted" due to unpaid obligations to Village. Any application for a Zoning Map amendment, Zoning Ordinance amendment, Planned Unit Development, Variance, Site Plan Review, or a Conditional Use Permit from a person, firm or corporation having unpaid and overdue property taxes, special assessments, sanitary sewer hookup fees, park fees, impact fees, building permit fees, any fees and/or charges owed pursuant to a predevelopment agreement, development agreement or an outstanding judgment owed to the Village of Windsor shall be deemed "not accepted" and shall not be reviewed by staff. The Zoning Administrator shall advise the applicant of the "not accepted" status. Because the application is deemed "not accepted," no timelines set by statute shall commence and no further obligations for review by the Village shall accrue. This section does not apply to amounts intended to be paid in installments pursuant to a development agreement or special assessment, provided that all such fees have been paid when due and are current as of the date of the application.

(e)

Hearing request. Upon receipt of such an application from a person, firm or corporation having unpaid fees or accounts due to the Village of Windsor, the person, firm or corporation shall be notified the application will not be accepted and that they may request a hearing before the Village Board regarding the unpaid fees. The request for a hearing must be made in writing to the Zoning Administrator within 30 days of the issuance of the notice or the applicant's right to a hearing shall be deemed fully and forever waived.

(7)

Violations and penalties.

(a)

Violation of this [chapter]. It is unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation, soils or surface water patterns), 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 the requirements of this [chapter]. Any person who violates or fails to comply with any of the provisions of this [chapter] shall, upon conviction therefore, be subject to the penalties set forth in subsection (b) of this section and in addition, shall pay all costs and expenses, including actual reasonable attorney, consultant and other fees incurred by the Village in the case (collectively herein, "Village Costs"). Each day a violation exists or continues shall constitute a separate offense.

(b)

Penalties.

1.

General penalty. Any person who violates or fails to comply with any of the provisions of this [chapter] shall, upon conviction thereof, forfeit a minimum of $5.00 nor more than $500.00 or such other amount as may be hereafter established and set forth in the Village's forfeiture schedule, plus Village Costs and such other fees, costs and charges imposed by law. Any person found guilty of violating any ordinance or part of an ordinance of this code who has previously been convicted of a violation of the same ordinance within one year shall, upon conviction thereof, forfeit a minimum of $20.00 nor more than $1,000.00 for each such offense, or such other amount as may be hereafter established and set forth in the Village's forfeiture schedule, plus Village Costs and such other fees, costs and charges imposed by law. Default of payment of such forfeiture and costs of prosecution may result in imprisonment in the county jail until such forfeiture and costs are paid, but not exceeding 90 days, or such other consequences as permitted by law.

2.

Continuing violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Ordinance shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this [chapter].

3.

Other remedies. The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs set out in this section. Whenever any person fails to pay any forfeiture and costs upon the order of any court for violation of any ordinance of the Village, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and costs or take such other actions as permitted by law.

(c)

Village's right to abate violation or take corrective action. In addition to any other penalty imposed 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 an 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 such violation has occurred per subsection (c)3. of this section. The Zoning Administrator is 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 immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall serve written notice by registered mail, certified mail or delivery by a commercial delivery service such as Federal Express with signature or other confirmation of delivery on the current owner of the property (as listed on the current Village tax records) on which such violation is occurring to remove such violation within ten working days. If such violation is not removed within such ten working days, the Zoning Administrator shall cause the violation to be abated per subsection (c)1. of this section. Costs associated with said abatement shall be charged to the owner of the property on which such violation has occurred per subsection (c)3. of this section.

3.

Cost of abatement. In addition to any other penalty imposed for a violation of the provisions of this [chapter], the cost of abating a violation of this [chapter] per subsections (c)1. and/or (c)2. of this section shall be collected as a debt from the owner of the property on which such 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 such property owner by registered mail, certified mail or delivery by a commercial delivery service such as Federal Express with signature or other confirmation of delivery, 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 or charge as provided by Wis. Stats. § 66.615(5).

(1)

Purpose. The purpose of this section is to establish the procedural requirements for Site Plan Review, Zoning Map Amendments, Zoning Ordinance Amendments, Conditional Use Permits, Variances, Sign Permits, Zoning Provision Interpretations, Appeals of Zoning Provision Interpretations, Certificates of Occupancy, Zoning Permits, and Development Agreements.

(2)

General process. The following is a general overview of the process for Zoning Map Amendments, Zoning Ordinance Amendments, and Conditional Use Permits. Specific submittal requirements for these processes are outlined in subsections 52.101(4) and (5).

(a)

Review by Village Staff. Submittals shall be reviewed by Village Staff in the following steps:

1.

The Director of Planning/Zoning Administrator shall review the submittal in order to ensure that all required portions of the submittal are provided.

2.

Upon the receipt and acknowledgment of a complete submittal, Village Staff shall undertake a review of the submittal.

3.

A staff report shall be forwarded to the Plan Commission for review and use in the development of a recommendation to Village Board for Zoning Map amendments, Zoning Ordinance Amendments, and Conditional Use Permits.

(b)

Review by Plan Commission.

1.

Within 45 days after the receipt of the complete petition as determined by the Director of Planning/Zoning Administrator, the Plan Commission shall hold a public hearing. Notice of the proposed amendment and the hearing shall conform to the requirements of Wis. Stats. § 62.23(7)(d). Such notice shall contain a description of the proposed request. In addition, at least ten days before such hearing, the Director of Planning/Zoning Administrator shall mail an identical notice to the petitioner; to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of Ordinance; and to all property owners within 500 feet of the boundaries of the subject property for a Zoning Map amendment or Conditional Use Permit. The Director of Planning/Zoning Administrator (or designee) has the authority, following review by the Village Staff and consultation with the Village President (or designee), to increase the mailing distance for the notice of hearing if deemed in the public interest. Failure to mail such notice, provided it is unintentional, shall not invalidate proceedings under this section.

2.

Within 90 days after the receipt of the complete petition as determined by the Director of Planning/Zoning Administrator (or within an extension of such period requested in writing by the petitioner and granted by the Plan Commission), the Plan Commission shall make a written report to the Village Board stating its findings and recommendations.

3.

If the Plan Commission fails to make a report within 90 days after the receipt of such complete petition (and in the absence of a petitioner-approved extension), then the Village Board may hold a public hearing within 30 days after the expiration of such 60-day period. Failure to receive such written report from the Plan Commission shall not invalidate the proceedings or actions of Village Board. If such a public hearing is necessary, Village Board shall provide notice per the requirements of subsection (b)1. of this section.

(c)

Review and action by Village Board. Village Board shall consider the recommendation of the Plan Commission regarding the proposed Zoning Map or Zoning Ordinance amendment. The Village Board may request further information and/or additional reports from the Plan Commission, Village Staff, and/or the petitioner. The Village Board may take final action on the request at time of its initial meeting, or such proceedings may be continued from time-to-time for further consideration. Village Board may approve the request as originally proposed, may approve the proposed request with modifications (per the recommendations of Village Staff, the Plan Commission, or Village Board itself), or may deny the proposed request. Any action to amend the provisions of this Ordinance requires a majority vote of the Village Board. Approval shall be considered as the approval of a unique request, and shall not be construed as precedent for any other proposed request.

(d)

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 such order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

(3)

Site plan review.

(a)

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for Site Plan Review.

(b)

Applicability. The following developments shall be subject to site plan review as follows:

1.

Standard site plan review.

a.

Any new commercial, industrial, institutional, governmental, or public utility development including associated accessory uses.

b.

Any renovation or addition to the exterior of any commercial, industrial, institutional, governmental, or public utility development including associated accessory uses that results in an increase in the building floor area and/or paved area that is greater than 25 percent of the existing condition.

c.

Any new multiple-family residential development and associated accessory uses where five or more residential units are proposed within a development in either a single or multiple buildings. For the purpose of this section multi-family development includes two-family residential (duplexes) when two or more buildings are located on a lot.

d.

Any renovation or addition to the exterior of new multiple-family residential development and associated accessory uses that results in either an increase in five or more residential units within a development in either single or multiple buildings, or an increase in the building floor area and/or paved area that is greater than 25 percent of the existing condition.

2.

Limited site plan review.

a.

Any change in use of a property which is solely limited to the interior of an existing structure. Such change in use shall meet all current applicable Federal, State, County and local regulations.

b.

Any renovation or addition to the exterior of any commercial, industrial, institutional, governmental, or public utility development including associated accessory uses that consists solely of façade improvements; and/or an increase in the building floor area and/or paved area that is less than 25 percent of the existing condition.

c.

Any new multiple-family residential development and associated accessory uses where four or fewer residential units are proposed within a development in either a single or multiple buildings. For the purpose of this section multi-family development includes two-family residential (duplexes) when two or more buildings are located on a lot.

d.

Any renovation or addition to the exterior of new multiple-family residential development and associated accessory uses that results in both four or fewer residential units within a development in either a single or multiple buildings, and an increase in the building floor area and/or paved area that is less than 25 percent of the existing condition provided no more than.

3.

Design standards.

a.

The site plan review design standards in chapter 10, article IX of the Windsor Code of Ordinances shall be applied to the standard and limited site plan review process.

b.

New development shall conform fully to the design standards.

c.

Renovations and additions shall conform as much as feasible to the Design Standards for the portion of the building or site being renovated or disturbed as determined by the Village Zoning Administrator, Village Plan Commission, and/or Village Board. Exemptions include parking lot expansions of less than ten spaces, or building additions where floor area of less than 100 square feet is added or facade improvements where less than 200 square feet of facade improvement is renovated. The Village Zoning Administrator shall determine other exemptions for limited site plan review on a case by case basis.

(c)

Application requirements. Applicants shall submit three paper copies and one electronic copy of the following information. All drawings shall be legible and include a measureable scale and north arrow where applicable. Drawings shall be prepared by a professional and names and contact information of all professionals involved in any preparation of plans shall be provided. Drawings shall include the entire property limits and extend at least 100 feet beyond the property.

1.

Project summary. The narrative project summary shall include:

a.

Description of existing and proposed uses.

b.

Description of proposed phasing and construction schedule.

c.

Estimate of project value including all building and site improvements costs.

d.

Proposed plan of operation for any business use including hours of operation, number of employee, frequency and duration of activities, and number and types of vehicles to be kept on site.

e.

Additional information as requested by the Village.

2.

Site plan. The site plan shall include the following information:

a.

Site quantities. Lot area, building floor area, impervious surface, open space, and residential unit calculations.

b.

Setbacks and distances. Minimum required setback lines, and distances between existing and proposed structures, lot lines, rights-of-way, and internal private drives.

c.

Easements. Recorded and proposed easements.

d.

Roads, driveways, and parking areas. Existing and proposed public and private road rights-of-way, driveways, parking areas, curb cuts, and ingress and egress locations including connections to adjacent property. Existing and proposed parking areas shall include the total number of required and provided parking spaces.

e.

Pedestrian and multi-use paths. Pedestrian and multi-use path locations including connections to adjacent property.

f.

Building and structures. Existing and proposed building and structure locations and use including perimeter dimensions and footprint areas.

g.

Loading and service areas. The location of existing and proposed loading, service, ground floor mechanical equipment, and refuse container and enclosure locations.

h.

Other improvements. Any other improvement including plazas, public gathering spaces, playgrounds, special use areas, and similar uses.

i.

Stormwater management areas. The location of existing and proposed stormwater management areas including ponds, retention and detention areas, and drainageways.

j.

Floodplains, floodways and other wetlands. Where applicable, the 100-year recurrence interval floodplain and floodway, delineated wetlands and a 75-foot setback line from such wetlands.

3.

Phasing plan. Any proposed phasing schedule and corresponding locations shall be provided.

4.

Landscape plan. The landscape plan shall show the location of all existing and proposed landscaping including berms, trees, shrubs, ground cover, fencing, and decorative walls. All plant material shall be specified in a schedule including species, quantity, and height/caliper at time of planting. Any proposed fencing or decorative walls shall include a descriptive photo or drawing including materials and height. A calculation of required and proposed landscape point totals for each required locational standard per subsection 10-497(b) of the Village of Windsor Code of Ordinances shall also be provided.

5.

Architectural floor plans. Detailed floor plans shall be provided including space descriptions and square footage totals.

6.

Architectural elevations. Detailed elevations shall be provided including exterior building materials, roof pitches, and building height. Perspective drawings and color renderings are encouraged, but not required.

7.

Grading plan. Existing and proposed topography shall be shown at a contour interval of not less than two feet.

8.

Utility plan. Existing and proposed utilities (i.e. sanitary sewers, storm sewers and water mains) and associated details if new connections are proposed.

9.

Erosion and sedimentation control plan and stormwater management plan. To be provided when required by Dane County.

10.

Lighting plan. A photometric lighting plan showing all outdoor lighting fixtures, height, lighting type and product information if warranted and required by the Village.

11.

Traffic impact analysis. A traffic impact analysis that evaluates the traffic generated by the proposed use and its impacts on surrounding roads if required by the Village.

12.

Other analyses. A housing analysis, retail market analysis, or other pertinent analysis if required by the Village.

(d)

Review procedure.

1.

Standard site plan review shall include the following:

a.

Pre-application meeting with the Director of Planning/Zoning Administrator (or designee) to review the application for completeness and the Site Plan Review process and requirements.

b.

Review by Village Staff per subsection 52-101(2)(a).

c.

Review and recommendation by the Plan Commission per subsection 52-101(2)(b).

d.

Review and action by the Village Board per subsection 52-101(2)(c).

2.

Limited site plan review shall include the following:

a.

Pre-application meeting with the Village Zoning Administrator to review the application for completeness and the Site Plan Review process and requirements.

b.

Review by Village Staff and recommendation to the Village Zoning Administrator.

c.

Review and action by the Village Zoning Administrator within 30 days after the receipt of the complete petition. The Village Zoning Administrator has the authority, following review by the Village Staff, to require a full standard site plan review in order to ensure protection of the public health, safety, morals, comfort, convenience, and general welfare due to any of the following potential impacts:

i.

Significant traffic increase.

ii.

Significant change in use.

iii.

Adverse lighting, noise, or other nuisance on neighboring properties and public rights-of-way.

iv.

Adverse visual impact on neighboring properties and public rights-of-way.

v.

Adverse stormwater impacts.

(e)

Review standards. Site Plans shall be reviewed by Village Staff, the Plan Commission, and Village Board per the site plan review design standards in chapter 10, article IX of the Windsor Code of Ordinances. In addition, the following shall also be evaluated:

1.

Safety of the proposed site layout and traffic pattern for vehicles, bicycles, and pedestrians.

2.

Impact of the potential traffic generated on adjacent roads.

3.

Adequacy of the existing and proposed water and sanitary facilities.

4.

Adequacy of erosion and sedimentation control and stormwater management practices.

5.

Organization of the site for effective delivery of waste disposal and emergency services.

6.

Compatibility of the use and appearance of the site to ensure the value of adjacent properties are not adversely impacted.

7.

Adherence to the Village Comprehensive Plan and other applicable Village plans and ordinances.

(f)

Development agreement. To ensure that the approved plans, terms, and conditions of site plan approval will be met, the Village Board may require the applicant or property owner to enter into a development agreement with the Village that specifies responsibilities. Such agreement shall be signed and executed prior to the issuance of a building permit.

(g)

Site compliance inspection. To ensure the development or phase of the development has been constructed according to the approved plans, the Village Zoning Administrator (or designee) shall conduct an inspection of the site, buildings and landscaping. The Zoning Administrator shall inform the Building Inspector once it is deemed the development or phase of the development substantially conforms to the approved site plan, associated documents, phasing plan, approval conditions, and the development agreement.

1.

If inclement weather prohibits completion of the landscaping during a given planting season, prior to issuance of a certificate of occupancy, an applicant may post a letter of credit or a cash escrow for the value of the outstanding plant material and cost of labor to install such landscaping. Such letter of credit or a cash escrow shall be held by the Village until such planting is completed to the satisfaction of the Zoning Administrator. In the event the required plantings are not completed within a reasonable time as determined by the Zoning Administrator, the Zoning Administrator shall cause the planting to be completed and draw on the escrow account to pay costs incurred in connection with such work.

The Building Inspector shall not issue an occupancy permit per chapter 10, article II, division 3 of the Windsor Code of Ordinances for any development or phase of the development requiring site plan review until authorized by the Zoning Administrator.

(4)

Zoning map and zoning ordinance amendments.

(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] or the Official Zoning Map. (Refer to the requirements of Wis. Stats. § 62.23(7)(d)2.)

(b)

Initiation of requests. Proceedings for zoning map and zoning ordinance amendments may be initiated by any one of the following methods:

1.

A petition by any member of the general public;

2.

A recommendation of the Plan Commission;

3.

By action of the Village Board.

(c)

Zoning ordinance amendment application requirements. All applications for proposed amendments to this [chapter] shall be filed in the office of the Village Clerk, and shall be accompanied by all of the following:

1.

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

2.

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

3.

Written justification for the proposed text amendment. (The petitioner is advised to use the requirements of subsection 52.101(4)(e)1., to develop such written justification.)

(d)

Zoning map amendment application requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation per subsection B of this section, shall be filed in the office of the Village Clerk, and shall be accompanied by all of the following:

1.

A map of the subject property showing all lands for which the change is proposed, and all other lands within 500 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County (as provided by the Village). Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is a minimum of 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 of the generalized location of the subject property in relation to the Village as a whole;

3.

Written justification for the proposed map amendment. (The petitioner is advised to use the requirements of subsection 52-101(4)(e)2., to develop such written justification.)

4.

In addition to the above mentioned procedures, if the zoning map amendment petition is for a Nonmetallic Mining Operation or Site, the petitioner shall follow the application procedures set forth in section 55-5 and file concurrently with the zoning map amendment petition, the license application set forth in section 55-6 of the Village of Windsor Code of Ordinances.

(e)

Review by Village Staff.

1.

Zoning ordinance amendments shall be evaluated based on the following questions:

a.

How does the proposed text amendment further the purposes of this Ordinance?

b.

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

c.

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

d.

How does the proposed text amendment relate to the Village's Comprehensive Plan and applicable Neighborhood Plan?

e.

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

i.

The provisions of this Ordinance should be brought into conformity with the Comprehensive Plan and applicable Neighborhood Plan. (If a factor related to the proposed amendment, note pertinent portions of the Plan(s);

ii.

A change has occurred in the land market, or other factors have arisen which require a new form of development, a new type of land use, or a new procedure to meet such change(s);

iii.

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

iv.

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

v.

How does the proposed amendment maintain the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts?

2.

Zoning map amendments shall be evaluated based on the following questions:

a.

How does the proposed Official Zoning Map amendment further the purposes of this Ordinance?

b.

Which of the following factors has arisen that are not properly addressed on the current Official Zoning Map?

i.

The designations of the Official Zoning Map should be brought into conformity with the Comprehensive Plan and applicable Neighborhood Plan;

ii.

A mistake was made in mapping on the Official Zoning Map. (That is, an area is, and has been, developing in a manner and purpose different from that for which it is mapped.) Note: If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the Village may intend to stop an undesirable land use pattern from spreading;

iii.

Factors have changed, (such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district;

iv.

Growth patterns or rates have changed, thereby creating the need for an amendment to the Official Zoning Map.

c.

How does the proposed amendment to the Official Zoning Map relate to the Village's Comprehensive Plan and applicable Neighborhood Plan?

d.

Finally, how does the proposed amendment to the Official Zoning Map maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

(f)

Review by Plan Commission per the Village of Windsor Code of Ordinances, chapter 52, subsection 52-101(2)(b).

(g)

Review and Action by Village Board per the Village of Windsor Code of Ordinances, chapter 52, section 52-101(2)(c).

(5)

Conditional use permit.

(a)

Purpose. The purpose of this section is to provide for procedural due process review of requests for conditional use permits. These requirements are in addition to the general requirements of this Ordinance and the requirements of the zoning district in which the subject property is located. A conditional use is not inherently inconsistent with the use classification of a particular zone, but may well create special problems or hazards if allowed to develop and locate as a matter of right in a particular zone. Because of the potential for undesirable or adverse impacts on public health, safety and welfare, conditional use permit requests are subject to additional procedural requirements and are evaluated on a case-by-case basis. Applicants for a conditional use permit are not entitled to a permit. Conditional uses are not presumptively valid because they are included in a list of possible conditional uses in a particular district. Rather, whether a permit is issued or denied is a determination made by the Village Board following consideration of the evidence presented and the Plan Commission's recommendation. Each request for a conditional use permit requires a fact-intensive analysis based on the evidence presented, and a determination that the proposed use at the proposed location will not be contrary to the public interest and will not be detrimental or injurious to the public health, safety, welfare or character of the surrounding area.

(b)

Initiation of requests. Proceedings for conditional use permits may be initiated by any one of the following methods:

1.

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

2.

A petition by the operator(s) of the subject property;

3.

A recommendation of the Plan Commission;

4.

By action of the Village Board.

(c)

Application requirements. All applications for proposed conditional uses, regardless of how initiated under subsection (b) of this section, shall be filed in the office of the Village Clerk, and shall be accompanied by all of the following:

1.

A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 500 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County (as provided by the Village). Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is a minimum of 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 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. Such site plan shall conform to any and all the requirements of the Village of Windsor Code of Ordinances, chapter 10, article IX, site plan review for commercial, industrial, governmental, and multi-family developments.

5.

Written justification for the proposed conditional use. The petitioner is advised to use the requirements of subsection 52-101(5)(d) to develop such written justification.

(d)

Review by Village Staff. The proposed conditional use shall be evaluated by the Village Staff and the Village Staff's report to the Plan Commission and Village Board shall include responses to the following questions:

1.

How is the proposed conditional use (the use in general) in harmony with the purposes, goals, objectives, policies and standards of the Village of Windsor Comprehensive Plan, this [chapter], and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the Village?

2.

How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the Village of Windsor Comprehensive Plan, this [chapter], and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the Village?

3.

Does the proposed conditional use, in its proposed location and as depicted on the required site plan, result in a substantial or undue adverse impact on adjacent property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters effecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions and policies of this [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?

4.

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?

5.

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?

6.

Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use (as identified in subsections (d)(1) through (5) of this section), after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner to ameliorate such impacts?

(e)

Review by Plan Commission per the Village of Windsor Code of Ordinances, chapter 52, consistent with subsections 52-101(5)(a) and 52-101(2)(b).

(f)

Review and Action by Village Board per the Village of Windsor Code of Ordinances, chapter 52, consistent with subsections 52-101(5)(a) and 52-101(2)(c).

(g)

Revocation of an approved conditional use. Upon approval by Village Board, the petitioner must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property. Once a conditional use is granted, no site plan approval, Certificate of Occupancy, 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 subsections (b) through (f) of this section. If the violation of an approved conditional use is determined by the Zoning Administrator to pose an immediate danger or threaten the public health, safety, morals, comfort, convenience or general welfare such that a more expeditious resolution of or action on the violation is necessary, the Zoning Administrator may, upon written notice to the property owner, refer the matter for a public hearing before the Plan Commission for consideration of amending, temporarily suspending, or revoking the conditional use without following the provisions outlined in the Village of Windsor Code of Ordinances, chapter 52, subsection 52-101(2)(b). Such notice shall be served upon the property owner and permit holder via certified mail a minimum of 72 hours prior to conducting the public hearing. Should the property owner or permit holder be located outside the Village, such notice shall also be served upon their local agent or operator via certified mail and posted on the property a minimum of 72 hours prior to continuing the public hearing. The notice shall contain the date, time and place of the hearing, a description of the subject's property, a description of the conditional use, and a statement of the violation(s). After such hearing, the Village Board shall act as provided in the Village of Windsor Code of Ordinances, chapter 52, subsection 52-101(2)(c).

(h)

Time limits on development of conditional use. All approved conditional uses shall be operational within 365 days of the date of the approving resolution. Failure to complete development and begin operation within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of a Certificate of Occupancy for the conditional use. Prior to such a revocation, the petitioner may request an extension of this period. Such request shall require formal approval by the Village Board and shall be based upon a showing of acceptable justification (as determined by Village Board).

(i)

Discontinuance of an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall be deemed invalid. Notice by the Village is not required. Rather the conditional use is invalidated automatically by operation of law. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.

(j)

Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. The requirements of the conditional use shall run with the property, rather than the owner; however, the Village may require notice of any change of ownership as a requirement provided that such requirement is specified in the conditional use permit. Modification of any conditional use, without approval by Village Board, shall be grounds for revocation of such conditional use approval per subsection (g) of this section.

(k)

Recordation of conditional use requirements. Except for conditional use approvals for temporary uses, all documents associated with the written description, the approved site plan, and the specific requirements of approval (along with a legal description of the subject property), may be recorded by the Village with the County Register of Deeds office, at the petitioner's expense.

(6)

Planned Unit Development (PUD).

(a)

Purpose. The purpose of this section is to provide regulations which govern the procedure for the review of a Planned Unit Development (PUD) per section 52-71. Because PUDs allow greater development flexibility than typical zoning districts in return for a higher level of design and functionality, the review process requires careful consideration of proposed development and development standards. The uses, standards and regulations that are established through the Village review process replace the existing zoning district upon PUD approval.

(b)

Preliminary consultation. Prior to submittal of a proposed PUD, the applicant shall meet with Village Staff to discuss the project concept, Comprehensive Plan and Neighborhood Plan requirements for the project area, and the PUD process requirements and timeline.

(c)

Preliminary PUD. The Preliminary PUD shall be filed in the office of the Village Clerk, and processed by the Zoning Administrator under the zoning map amendment procedure per subsection 52-101(4), plus procedures established herein. The applicant shall include 15 copies of all required materials including at a minimum the following:

1.

Name of the applicant, agent, property owner(s) and entity which intends to develop the land.

2.

A complete written legal description of the subject property.

3.

A map of the subject property showing all lands for which the PUD is proposed, and all other lands within 500 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County (as provided by the Village). Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is a minimum of one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

4.

A description of the proposed PUD, including:

a.

Narrative generally describing the proposed PUD including the relationship to the Village Comprehensive Plan and any applicable Neighborhood Plan, and adjacent land uses, existing and planned streets, utilities, paths, and natural features;

b.

A description of why the applicant wishes to develop the project using PUD zoning. This description shall include justification for the proposed PUD, and shall indicate how the criteria in subsection 10-153(4) will be met;

c.

Plan map(s) depicting the proposed layout including:

i.

Land use types, natural features and open space, lots, rights-of-way, paths, topography, stormwater management areas, and any other information required to articulate the design concept; and

ii.

Statistical data on lot sizes, densities, open space, and development intensity of areas within the development.

d.

Description of each of the proposed land use types including:

i.

General description including representative example images;

ii.

Permitted land uses including accessory uses;

iii.

Development standards and requirements including density (residential development), lot size, lot width, setbacks and yards, building height, open space, and floor area ratios (non-residential development);

e.

Description of natural features, open spaces, and parks including general provisions for ownership, maintenance and management;

f.

Road and path types including typical conceptual cross-sections;

g.

Off-street parking and loading standards (if proposing to deviate from section 52-22);

h.

Signage standards (if proposing to deviate from section 52-23);

i.

Conceptual landscaping treatments including proposed buffers and screening;

j.

Conceptual plan for stormwater management;

k.

Conceptual plan for public and/or private sewer and water including any extension of public utilities; and

l.

Phasing plan.

5.

Evidence of financial capability pertaining to construction, maintenance and operation of all public and private improvements associated with the proposed development.

6.

Other maps or information requested by Village.

(d)

Final PUD. An approved Preliminary PUD is required prior to submittal of a Final PUD. The Final PUD shall be filed in the office of the Village Clerk, and processed by the Zoning Administrator under the Zoning Map Amendment procedure per subsection 52-101(4), plus procedures established herein. The applicant shall include 15 copies of all required materials including at a minimum all information required by the Preliminary PUD and reflect revisions and modifications as conditioned in the Preliminary PUD review process.

1.

The Final PUD may be reviewed in conjunction with a Land Division per Village of Windsor Code of Ordinances, chapter 10, article IV or site plan review per article IX.

2.

All development shall substantially conform to the layout of the approved Final PUD and shall meet all other standards and requirements outlined within an approved Final PUD.

3.

All other applicable standards and requirements within the Zoning Ordinance, not explicitly superseded by the approved Final PUD, shall apply.

(e)

Criteria for approval. Planned Unit Developments shall meet all of the following criteria to be approved:

1.

The development shall be consistent with the Village Comprehensive Plan and any applicable Neighborhood Plan.

2.

The uses and their intensity, appearance, design and arrangement shall be compatible with the physical nature of the site and area, and shall not have a significant adverse impact on the natural environment.

3.

The uses and their intensity, appearance, design and arrangement shall in no foreseeable manner diminish or impede the uses, values and normal and orderly development of surrounding properties.

4.

The uses and their intensity, appearance, design and arrangement shall not create access issues, traffic or parking demand inconsistent with existing or anticipated transportation facilities.

5.

The development shall include adequate provision for the continued preservation, maintenance and improvement of natural areas and open space.

6.

The applicant shall provide evidence of financial feasibility and assurances that each phase can be completed in a manner which would not result in an adverse effect upon the community as a result of termination at that point.

7.

The development shall comply with all other applicable ordinances.

(f)

Time limits on development of PUD. All approved PUDs shall have development construction commence within three years following approval, by ordinance, of the Final PUD. Failure to obtain necessary land division and site plan review approvals and begin development within this period shall automatically revert the zoning of the property to the previous zoning district. Prior to such a revocation of the PUD, the petitioner may request an extension of this period. Such request shall require formal approval by the Village Board and shall be based upon a showing of acceptable justification (as determined by Village Board).

(7)

Sign permit.

(a)

Purpose. The purpose of this section is to provide for regulation of signs and shall specify required procedures prior to the erection of certain signs.

(b)

General requirement. Unless specifically exempted by section 52-23 (signage), no sign shall be erected, altered, or relocated after the effective date of this [chapter] until a sign permit has been secured from the Zoning Administrator.

(c)

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

1.

The approved site plan for the subject property (or if not previously required, a site plan for the subject property with requirements as determined by the Zoning Administrator), showing the location and dimensions of all buildings, structures, and signs on the subject property; such subject property boundaries; and the location of the proposed sign(s);

2.

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

3.

The subject property's zoning designation;

4.

The total number, area, and type of all signs on the subject property both before and after the installation of the proposed sign(s).

(d)

Procedure. The Zoning Administrator shall review the submitted application for compliance with the requirements of subsection (c) of this section. Upon the receipt of a complete application, the Zoning Administrator shall review such application for compliance with the requirements of this [chapter] and shall issue an approved or denied based on the submitted application within five working days of the acceptance of the complete application.

(e)

Revocation of a sign permit. Any sign found not to be in compliance with the terms of this [chapter] shall be considered in violation of this Ordinance and shall be subject to all applicable procedures and penalties.

(8)

Variances.

(a)

Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for variation from the terms of this [chapter] provided that the request is not contrary to the public interest and 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 the Ordinance shall be observed, public safety and welfare secured, and substantial justice done; all as provided for by subsection 62.23(7)(e)7., Wisconsin Statutes.

(b)

Initiation of requests. Proceedings for variances may be initiated by any one of the following methods:

1.

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

2.

A recommendation of the Plan Commission;

3.

By action of the Village Board.

(c)

Application requirements. All applications for requested variances, regardless of how initiated per subsection (b) of this section, shall be filed in the office of the Village Clerk, and shall be accompanied by all of the following:

1.

A map of the subject property showing all lands for which the variance is proposed, and all other lands within 500 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County (as determined by the Village). Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is a minimum of 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 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;

4.

A site plan of the subject property as proposed for development meeting the requirements of the Village of Windsor Code of Ordinances, chapter 10, article IX regardless of land use type.

5.

Written justification for the requested variance. (The petitioner is advised to use the requirements set forth in the Village of Windsor Code of Ordinances, chapter 52, subsection 52-101(7)(d)2. to develop such written justification.)

(d)

Review by Village Staff. The requested variance shall be reviewed by Village Staff in the following steps:

1.

First, the Zoning Administrator shall review the submittal in order to ensure that all required portions of the submittal are provided and that the application is not barred from review by the "not accepted" provisions set forth in the Village of Windsor Code of Ordinances, chapter 52, subsection 52-100(6)(d);

2.

Second, upon the receipt and acknowledgment of a complete submittal, Village Staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed variance provided in the submittal. Furthermore, such review shall evaluate the submittal based on the following questions:

a.

What exceptional or extraordinary circumstances or special factors are present which apply only to the subject property? The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:

i.

The hardship or difficulty shall be peculiar to the subject property and different from that of other properties, and not one which affects all properties similarly. Such a hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the property was created before the passage of the current, applicable zoning regulations, and is not economically suitable for a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed;

ii.

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

iii.

Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of such property below buildable size or cutting-off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships;

iv.

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

v.

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

b.

In what manner do the factors identified in the Village of Windsor Code of Ordinances, chapter 52, section 52-101(d)(2)a. prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.

c.

Would the granting of the proposed variance be of substantial detriment to adjacent properties? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.

d.

Would the granting of the proposed variance as depicted on the required site plan result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters effecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions, and policies of Ordinance, 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 petitioner or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan, or orientation, lot pattern, or grading) after the effective date of this Ordinance? The response to this question shall clearly indicate that such factors existed prior to the effective date of Ordinance and were not created by action of the petitioner, a previous property owner, or their agent.

3.

Third, a staff report shall be forwarded to the Board of Zoning Appeals for review and action.

(e)

Review and determination by Board of Zoning Appeals.

1.

Within 45 days after the receipt of the complete petition as determined by the Director of Planning/Zoning Administrator, the Board of Zoning Appeals shall hold a public hearing. Notice of the requested variance and the hearing shall conform to the requirements of Wis. Stats. § 62.23(7)(d). Such notice shall contain a description of the subject property and the proposed variance per the Village of Windsor Code of Ordinances, chapter 52, subsections 52.101(8)(c)1. and (c)3. In addition, at least ten days before such hearing, the Village Clerk shall mail an identical notice to the petitioner 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 500 feet of the boundaries of the subject property as identified in the Village of Windsor Code of Ordinances, chapter 52, subsection 52-101(8) (c)1. The Director of Planning/Zoning Administrator (or designee) has the authority, following review by the Village Staff and consultation with the Village President (or designee), to increase the mailing distance for the notice of hearing if deemed in the public interest. Failure to mail such 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 1. of this section or, within an extension of such period approved by the petitioner and granted by the Board of Zoning Appeals), the Board of Zoning Appeals make its findings per the Village of Windsor Code of Ordinances, chapter 52, subsection 52-101(78)(d) and its determination regarding the petition as a whole. The Board of Zoning Appeals may request further information and/or additional reports from Village Staff and/or the petitioner. The Board of Zoning Appeals may take final action on the request for approval of the requested variance at time of its initial meeting, or such proceedings may be continued from time-to-time for further consideration. The Board of Zoning Appeals shall make a written report of its findings and determinations, particularly with respect to the requirements of subsections 52-101(78)(d)2.a. through (d)2.e.

3.

The petitioner may request to waive or extend any of the deadlines noted in subsections 1. and 2. of this section by submitting such request in writing to the Director of Planning/Zoning Administrator. Submission and/or confirmation via email shall be sufficient to meet this requirement.

4.

If the Board of Zoning Appeals fails to make a determination within 30 days after such 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 such order of denial, except on grounds of new evidence or proof of change of factors found valid by the Board of Zoning Appeals.

(g)

Limited effect of a variance. Where the Board of Zoning Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use. Approval confers only such variance as is specified in the Board of Zoning Appeals determination. 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 or allow for expansion of the variance granted.

(h)

Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of Ordinance from which the petitioner is requesting a variance, unless the Zoning Administrator certifies to the Board of Zoning Appeals after the request for the variance has been filed, that by reason of the facts stated therein, a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed unless a restraining order issues. Any such restraining order issued may be temporary or permanent and may be granted by the Board of Zoning Appeals, or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.

(9)

Zoning provision interpretations.

(a)

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

(b)

Initiation of requests. Proceedings for interpretations may be initiated by any one of the following methods:

1.

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

2.

A recommendation of the Plan Commission;

3.

By action of the Village Board;

4.

By a request by Village Staff.

(c)

Application requirements. All applications for interpretations, regardless of how initiated per subsection (b) of this section, shall be filed in the office of the Village Clerk, and shall be accompanied by all of the following:

1.

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

2.

If the requested interpretation relates to the application of this Ordinance 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 500 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on such map as the same appear on the current records of the register of deeds of Dane County as provided by the Village. Such map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Such map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is a minimum of 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 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;

d.

A site plan of the subject property as proposed for development. Such site plan shall conform to any and all the requirements of the Village of Windsor Code of Ordinances, chapter 10, article IX regardless of land use.

3.

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

a.

How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the Village of Windsor Comprehensive 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 land use outweigh any and all potential adverse impacts of the proposed land use?

(d)

Review by Zoning Administrator.

1.

First, the Zoning Administrator shall review the submittal in order to ensure that all required portions of the submittal are provided and that the application is not barred from review by the "not accepted" provisions set forth in the Village of Windsor Code of Ordinances, chapter 52, subsection 52-100(6)(d);

2.

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

3.

Third, a staff report shall be forwarded to the petitioner indicating the interpretation of the Zoning Administrator.

(e)

Standards for review of requested interpretations. This [chapter] shall be interpreted in a manner which is consistent with the purposes intended by the 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 title. 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 Ordinance. 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 and power to the public exercise this in order protect the public.

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 for the Village. 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 petitioner's response to the questions required under the application requirements of this section, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:

a.

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

c.

No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property's zoning district.

d.

No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in such district, or permitted in a more intensive district in the same zoning district category.

e.

If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a Conditional Use Permit.

(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 [chapter]. These permits and approvals include, but are not limited to required site plans, 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.

(10)

Appeal of zoning provision 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 as provided for by Wis. Stats. § 62.23(7)(e)(7).

(b)

Initiation of requests. Proceedings for an Appeal of 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) of this section within a period not exceeding 30 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this 30 day period shall constitute a final and binding waiver of any right to appeal such interpretation. Exhaustion of this administrative remedy is required prior to any appeal to other entities, administrative tribunals or courts, unless the Village expressly waives this requirement in writing.

(d)

Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per subsection (b) of this section shall be filed in the office of the Zoning Administrator. The Zoning Administrator shall forward copies of such application to the office of the Village Clerk, and to the Board of Zoning Appeals. Such application shall be accompanied by all of the following:

1.

A copy of pertinent items in the file on the matter at hand maintained by the Zoning Administrator, as identified by the Zoning Administrator and/or the petitioner;

2.

A written statement from the petitioner indicating the reasons why an appeal is justified, based upon an analysis of the Zoning Administrator's interpretation. This statement shall be dated and signed by the petitioner.

(e)

Review by Village Staff. The submitted appeal shall be reviewed by Village Staff in the following steps:

1.

First, the Zoning Administrator shall review the submittal in order to ensure that all required portions of the submittal are provided and that the submittal is not barred from review by the "not accepted" provisions set forth in the Village of Windsor Code of Ordinances, chapter 52, subsection 52-100(6)(d) or the bar is not waived by the Zoning Administrator;

2.

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

3.

Third, a staff report shall be forwarded to the Board of Zoning Appeals for review and action.

(f)

Review and determination by Board of Zoning Appeals.

1.

Within 45 days after the receipt of the complete application as determined by the Zoning Administrator, the Board of Zoning Appeals shall hold a public hearing. Notice of the appeal and such hearing shall conform to Wis. Stats. § 63.23(7)(d). Such notice shall contain a description of the issue per subsection (d)2. of this section. At least ten days before such hearing, the Village Clerk shall mail an identical notice to the petitioner; to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of Ordinance; and to any property owner within 500 feet of the subject property. Failure to mail such notice provided it is unintentional, shall not invalidate proceedings under this section.

2.

Within 60 days after the receipt of the complete petition as determined by the Zoning Administrator (or, within an extension of such period requested in writing by the petitioner and granted by the Board of Zoning Appeals), the Board of Zoning Appeals make its findings per subsection (c) of this section. The Board of Zoning Appeals may request further information and/or additional reports from Village Staff and/or the petitioner. The Board of Zoning Appeals may take final action on the request for appeal at time of its initial meeting, or such proceedings may be continued from time-to-time for further consideration. Such final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the zoning board of appeals concerning the request.

3.

If the Board of Zoning Appeals fails to make a determination within 60 days after the receipt of such complete submittal, 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 such order of denial, except on grounds of new evidence or proof of change of factors found valid by the Board of Zoning Appeals.

(h)

Limited effect of a favorable ruling on an appeal.

1.

No ruling by the Board of Zoning Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a Certificate of Occupancy is obtained and a use commenced within that period.

2.

A ruling by the Board of Zoning Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.

(11)

Certificates 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 and the requirements of Ordinance 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;

3.

Occupancy and use of vacant land;

4.

New use of vacant land when the new use is of a different land use classification;

5.

Any change in the use of a nonconforming use. No such occupancy, use of change of use shall take place until a Certificate of Occupancy therefor shall have been issued by the Building and Zoning 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 ten working days after a written request for the same has been made to the building inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this [chapter], as determined by the building inspector and/or the Village Engineer.

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 ten working days after the application therefor has been made.

3.

Every certificate of occupancy shall state that both the building, and the proposed use of a building or land, substantially complies with all provisions of this [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.

(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 Ordinance, or in existence at the effective date of this [chapter]. 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, following consultation with the Zoning Administrator and/or Village Engineer, as appropriate. Failure to apply for such Certificate of Occupancy for such nonconforming use shall be prima facie evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of [chapter].

(e)

Revocation 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) of this section, without having first obtained a Certificate of Occupancy. Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the building inspector, he or she shall forthwith revoke the Certificate of Occupancy, by notice in writing to be delivered by him or her to the holder of the void certificate upon the premises where the violation has occurred, or if such holder be not found there, by mailing the notice of revocation by certified letter to his or her last known address. Any person who shall proceed thereafter with such work or use without having obtained a new Certificate of Occupancy shall be deemed guilty of violation of this Ordinance.

(12)

Zoning permit.

(a)

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

(b)

Applicability. Unless exempted under subsection (c) of this section, zoning permits shall be required prior to any of the following activities:

1.

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

2.

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

3.

Occupancy and use of vacant land;

4.

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

(c)

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

1.

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

2.

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

3.

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

4.

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

5.

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

(d)

Relationship to other application processes.

1.

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

2.

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

(e)

Procedures.

1.

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

a.

A completed application form.

b.

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

c.

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

d.

Additional information as may be required by the Zoning Administrator.

(f)

Zoning permit review and timeline.

1.

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

2.

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

(g)

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

1.

In cases where a building permit is required:

a.

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

b.

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

c.

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

2.

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

3.

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

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2017-23, § 1(Exh. A), 7-18-2017, eff. 8-4-2017; Ord. No. 2017-30, § 1(Exh. A), 12-7-2017; Ord. No. 2019-11, § 1, 6-6-2019; Ord. No. 2021-11, §§ 4(Exh. D)—6(Exh. F), 6-3-2021)