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