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City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
The general provisions of this section apply to all development applications and procedures under this chapter unless otherwise stated.
A. 
Authority to file applications.
(1) 
Applications under this chapter may be initiated by:
(a) 
All the owners of the property that is the subject of the application;
(b) 
The owners' authorized agents;
(c) 
City staff on behalf of the City; or
(d) 
Any review or decisionmaking body.
(2) 
When a review or decisionmaking body initiates action under this chapter, it does so without prejudice toward the outcome.
B. 
Form of application. All applications shall be submitted complete to the permit application center. Applications required under this chapter must be submitted in a form and in such numbers as required by the Department of Community Development. Application forms for procedures that require preapplication meetings will be made available at the time of the preapplication meeting. Applicants shall refer to the currently accepted requirements as identified in the permit application center handouts. The Director is authorized and shall establish the requirements for application contents, forms, and fees. The Director may amend and update these requirements, as determined necessary, from time to time.
C. 
Application filing fees.
(1) 
Permit fees. All persons, firms, or corporations performing work under the Municipal Code which requires the issuance of a permit shall pay a fee for such permit to the Director of Finance to help defray the cost of general administration/clerical support, document management, display, storage, updating maps, public noticing, and processing of permits and variances. The permits for which a fee is required are the zoning/use/administrative approval permit, conditional use permit, accessory use/structure permit, occupancy permit, reoccupancy, home occupation, and temporary permits, permit reapprovals, and rezoning permits, sign permits, and subdivision, land division, grading, retaining walls, utilities, and planned unit development review. A fee shall also be required for a zoning text or map amendment, Comprehensive Plan amendments, Sewer Service Area boundary amendments, Urban Service Area boundary amendments, conceptual plan reviews, conservation easements, right-of-way vacations, architectural reviews, plan of operation amendments, Board or Commission interpretations, development agreements, zoning letters, landscaping plan reviews, impact fees for public sites, open spaces, and trails and a zoning appeal or variance, and public hearings required for administrative and legislative actions. All fees shall be established by the Director and from time to time updated as deemed appropriate. Permit fees do not include and are in addition to permit fees established by the City Building, Plumbing, and Electric Codes.[1] The Director may waive the permit fees for public agencies, nonprofit agencies or as deemed appropriate by the Director.
[1]
Editor's Note: See Ch. 80, Building Construction; Ch. 106, Electrical Standards; and Ch. 193, Plumbing Standards.
(2) 
Developer deposit fees. All persons, firms, or corporations performing work under the municipal code which requires the issuance of a permit, shall submit a developer deposit fee to the Director of Finance. The developer's deposit fees are used by the City for costs associated for development review, conceptual planning, peer review, research/data, GIS/LIS services, and any other special requirements deemed necessary by the City in order to evaluate an application or proposal and will be used for actual staff time, and any other reviews the City deems necessary by outside consulting planners, engineers, architects and/or attorneys. Projects that include public infrastructure shall be required to provide a construction management developer's deposit which will be taken in at the time of erosion control permit to defray the costs associated with private third-party field inspections as outlined in the Development Handbook and/or individual development agreements. This will allow the City of New Berlin to collect the appropriate funds up front and to pay the third-party consultant, chosen by the applicant and confirmed by the City of New Berlin DCD. Construction management developer's deposit, may cover any of the following public infrastructure inspection costs: as-built and easement preparation and inspection services for roadway, water system, sanitary system, storm system and all associated apparatus. These fees are in addition to the permit fees listed above in § 275-20C(1).
[Amended 10-11-2016 by Ord. No. 2576]
(3) 
Double fee. A double fee shall be charged if work is started or a sign is installed before a permit is applied for and issued, or if a building is occupied prior to the issuance of an occupancy permit. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter. The Director may waive the permit double fees for an applicant if the Director feels sufficient evidence has been provided to determine that a double fee is not warranted. If the Director denies the request, then the applicant may appeal to the Plan Commission.
(4) 
Nonrefundable fees. Application fees are nonrefundable, except that partial refunds shall be made to applicants who provide written notification to the Department of Community Development of a withdrawal of an application prior to publication of legal notice and its initial consideration by any decisionmaking body.
D. 
Notices.
(1) 
Content. All notices required under this chapter shall comply with the notice requirements of Ch. 985, Wis. Stats. In addition, all notices required under this chapter must:
(a) 
Indicate the time and place of the public hearing or action;
(b) 
Describe the property involved by street address or by legal description and nearest cross street;
(c) 
Describe the nature, scope and purpose of the application or proposal being advertised; and
(d) 
Indicate where additional information can be obtained.
(2) 
Written (mailed) notice. When the provisions of this chapter require that written or mailed notice be provided, the City shall be responsible for preparing and mailing the written notice. The City shall make reasonable efforts to mail notices to all property owners within 600 feet of the subject property boundary, unless otherwise specified in this chapter. For purposes of the Board of Appeals, the City shall make reasonable efforts to mail notices to all property owners within 300 feet of the subject property boundary.
(3) 
Published notice. When the provisions of this chapter require that notice be published, the City shall be responsible for preparing the content of the notice and publishing the notice in the newspaper of general circulation that has been selected by the City.
(4) 
Posted notice.
(a) 
When the provisions of this chapter require that notice be posted on the subject property, the Director or his/her designee shall:
[1] 
Post the notice on weatherproof signs of a size specified by the Department of Community Development within two weeks of filing of an accepted application;
[2] 
Place the signs on the property that is the subject of the application; and
[3] 
Ensure that the signs remain in place during the period leading up to the public hearing. The Department shall make every effort to post a sign on the subject property. Should the sign become damaged, removed, stolen, or no longer visible, this shall not invalidate the public hearing.
(b) 
Signs shall be placed along each abutting street in a manner that makes them clearly visible to neighboring residents and passersby. At least one sign shall be posted on each right-of-way line of any legal frontage.
(5) 
Timing of notices. Unless otherwise expressly provided in state statutes or this chapter, notice, when required, shall be mailed or published pursuant to state law.
(6) 
Constructive notice. Minor defects in a notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failure of a party to receive written notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing and the general location of the subject property shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decisionmaking body shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this chapter before proceeding with the hearing.
E. 
Continuation of public hearings. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the continuance is set for a date within 60 days and the date and time of the continued hearing is announced at the time of the continuance.
F. 
Burden of proof or persuasion. The burden of demonstrating that an application complies with applicable review and approval criteria is on the applicant. The burden is not on the City or other parties to show that the criteria have not been met.
G. 
Conditions of approval. In approving any development or permit application, the decisionmaking body shall be authorized to impose such conditions upon the premises benefited by the approval as may be necessary to reduce or minimize any potential adverse impact upon other property in the area or to carry out the general purpose and intent of the New Berlin Comprehensive Plan and this chapter. However, the condition must relate to a situation created or aggravated by the proposed use or development and be roughly proportional to its impact.
H. 
Findings of fact. Final decisions of all review and decisionmaking bodies shall be accompanied by written findings of fact based upon the applicable standards and criteria. The findings shall be filed with the Department of Community Development. In the event of denial, the written findings shall specify the provisions of the City's adopted regulations that the proposal failed to satisfy.
I. 
Simultaneous processing. Whenever two or more forms of review and approval are required under this chapter (e.g., a rezoning and a conditional use permit), the applications for those development approvals may, at the option of the applicant and with the concurrence of the Department of Community Development, be processed simultaneously, so long as all applicable state and local requirements are satisfied for both applications. The Department of Community Development shall set these timelines and processing cycles.
J. 
Processing cycles. The Department of Community Development shall be responsible for establishing timetables for reviewing each type of development application under this chapter. Except as specifically outlined in state law, processing timetables will be advisory, and failure to meet processing goals will not result in deemed approvals. Timetables may be revised as deemed necessary and may include:
(1) 
Dates of regular meetings of review bodies and decisionmakers;
(2) 
Deadlines for receipt of a complete application for consideration of such application at a particular meeting; and
(3) 
Schedule and routing of staff and agency reviews.
Development applications are subject to the following seven-step review procedure, unless variations or exceptions to the standard procedure are expressly provided in the particular development application requirements set forth in this Article III.
A. 
Step 1: Preapplication meeting.
(1) 
Purpose. The purpose of the preapplication meeting is to provide an opportunity for the applicant and the staff to discuss the review process schedule and submittal requirements, the scope of the project, and compliance with this chapter. Staff opinions presented during preapplication meetings are informational only and do not represent a commitment on behalf of the City regarding the acceptability of the development proposal.
(2) 
Applicability. A preapplication meeting is optional but is highly recommended.
(3) 
Scheduling. The applicant shall schedule the preapplication meeting with staff at least 14 days prior to the date of submission of any related application. Public notice of the meeting shall not be required.
(4) 
Attendance. Participants in the preapplication meeting may include representatives from other City agencies or departments charged with implementation and enforcement of this chapter and any other person or entity the City deems appropriate.
B. 
Step 2: Application timing and determination of completeness.
(1) 
All development applications shall be submitted to staff a minimum of 45 days prior to the next regularly scheduled Board or Commission meeting at which the application will be reviewed.
(2) 
An application will be considered complete if it is submitted in the required number and form, includes all mandatory information, and is accompanied by the applicable fees and/or deposits. If an application is determined to be complete and/or the Department has determined it has sufficient information, the application shall be processed. If an application is determined to be incomplete, the Department shall notify the applicant of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 45 days of receiving notice of the deficiencies, the application shall be considered withdrawn.
C. 
Step 3: Staff review and report.
(1) 
Once a submitted application is certified as complete pursuant to Subsection B above, the Department shall refer the development application to the appropriate review agencies or City departments to review the development application, form a recommendation, and prepare and present a staff report (when applicable), which will contain findings of fact.
(2) 
Any changes to the development application or any accompanying plans or information may be permitted after submittal. Changes or additional submittals may cause the application to be rescheduled for a later meeting and/or restart the routing and review procedure. If changes to the application are later found to result in an application that is not in compliance with this chapter, an amendment to the application will be required.
D. 
Step 4: Public hearing before the Plan Commission or Community Development Authority. The Plan Commission or the Community Development Authority shall hold a public hearing, at the direction of the Common Council, on the application if required by state statutes. All costs for notice publication, notice mailings, public hearing transcription, publication of ordinance, and recording fees shall be borne by the applicant.
[Amended 6-11-2019 by Ord. No. 2620]
E. 
Step 5: Public meeting before the Plan Commission or Community Development Authority. Subject to previously published Plan Commission or Community Development Authority schedules, within 45 days from the date that a submitted application is determined to be complete, the Plan Commission shall review the application at a public meeting or hearing as required by this chapter or applicable law.
[Amended 6-11-2019 by Ord. No. 2620]
F. 
Step 6: Plan Commission or Community Development Authority action or recommendation.
[Amended 6-11-2019 by Ord. No. 2620]
(1) 
The Plan Commission or the Community Development Authority shall meet in accordance with state open meeting requirements and shall discuss and take action on all duly noticed items.
(2) 
The Plan Commission or the Community Development Authority may approve, approve with conditions, defer, table, deny with reason, refer to committee, or remove from the agenda any item on the agenda.
(3) 
When the Plan Commission or the Community Development Authority is the decisionmaking body, approval of an application shall not become final until all conditions of approval have been complied with. Acceptance of all conditions of approval and compliance, and submittal of revised information to the Department, where feasible (e.g., required revisions to plans and drawings), shall be completed by the applicant within 12 months of the Plan Commission's or the Community Development Authority's action or the approval shall be deemed expired. Should an approval expire by failure of the applicant to meet the conditions of the approval prior to the issuance of a zoning permit, the applicant must request a reapproval of said project.
(4) 
Where applicable, the Plan Commission or the Community Development Authority may recommend to Council approval, approval with conditions, or deny with reason.
G. 
Step 7: Common Council review and action.
(1) 
Common Council action required. The Common Council shall review and consider the development application, the staff report, the Plan Commission's recommendation, and the evidence from any public meetings or hearings, if applicable. The Common Council shall take final action by approving, approving with conditions, or denying the referral from the Plan Commission based on its compliance with the appropriate review standards and the Comprehensive Plan.
(2) 
Compliance with Common Council's conditions. Common Council approval of an application shall not become final until the applicant complies with or accepts all conditions of approval. The Common Council may establish time limits as deemed appropriate based on the nature of the application.
Procedures to change and/or amend the following boundaries, maps, or plans are as follows:
A. 
Future Land Use Map and/or Comprehensive Plan.
(1) 
Suggestions for amendments can be brought forward by City staff, officials, developers, and/or residents and should be consistent with the overall vision of the plan. Proposed amendments could originate in any of the following ways:
(a) 
Amendments may include correction of clerical or administrative errors, mapping errors, and/or updated data, text, tables, and maps to reflect changing trends, demographics, economics, and other community development standards. Such amendments would be drafted by DCD staff.
(b) 
Amendments proposed as a result of discussions between officials and citizens.
(c) 
Amendments proposed as a result of recommendations discussed during a City planning process.
(2) 
When a change is proposed, it should follow this general procedure:
(a) 
The applicant submits the application to the Common Council for initial review. DCD staff prepares a requested action statement to refer the request on to the Plan Commission.
(b) 
The Plan Commission and the DCD staff conduct a review process and hold a public hearing (if applicable). Pursuant to § 66.1001(4)(f), Wis. Stats., notices will also be provided to those who have requested notice of adoption of ordinance changes that impact the allowable use of their property.
[Amended 10-11-2016 by Ord. No. 2576]
(c) 
The Plan Commission takes action to either approve or deny the amendment via a resolution and forwards a report on to the Common Council.
(d) 
Consideration and decision by the Common Council taking action to either approve or deny the amendment via ordinance.
(3) 
Plan amendments and updates shall coincide with the ongoing monitoring schedule as found in the City's adopted Comprehensive Plan. Furthermore, revisions to Comprehensive Plan shall be adopted by ordinance and adhere to certain procedural requirements as identified in the City's adopted Participations Plan and stated in Wisconsin State Statutes § 66.1001(4).
Procedures to amend the City's current Sewer Service Area are as follows and may be processed concurrently with amending the Urban Service Area as identified in § 275-21.3. (This process may be amended from time to time by other regulatory agencies.)
A. 
The applicant shall file an application with DCD to initiate the process.
B. 
The Common Council may refer the request to the Plan Commission or Community Development Authority and Utility Committee for their review and recommendation.
C. 
The Plan Commission or Community Development Authority reviews application for consistency with the Comprehensive Plan, land use, zoning and neighborhood consistency and shall make a recommendation pursuant to § 275-15D(8)(a)[4] with regards to the actual boundary amendment and send its report on to the Common Council and/or Utility Committee.
D. 
The Utility Committee reviews the application for cost recovery and conveyance issues and sends a report to the Common Council.
E. 
The Common Council takes action to initiate the amendment process or deny the initiation of the process.
(1) 
If the decision is to go forth with the boundary amendment, the Common Council takes action on the Plan Commission and Utility Committee recommendations and authorizes staff to forward a letter to SEWRPC and MMSD requesting that they amend the current MMSD Sewer Service Area boundary.
(2) 
SEWRPC prepares a technical report on amending the Regional Water Quality Plan.
(3) 
SEWRPC and New Berlin hold a joint public hearing before the Plan Commission or Community Development Authority on amending SEWRPC's Regional Water Quality Plan and MMSD's current Sewer Service Area.
F. 
The Plan Commission or Community Development Authority makes a recommendation to the Common Council to adopt the amended MMSD current Sewer Service Area.
G. 
The Common Council reviews and takes action on the Plan Commission or Community Development Authority recommendation.
H. 
Staff forwards a letter and resolution approving the amendment to SEWRPC and MMSD.
I. 
The SEWRPC Commission takes action on the resolution at its quarterly meeting.
J. 
SEWRPC forwards New Berlin's letter and resolution to WDNR for review and approval.
K. 
WDNR approves the application, issues an NR 108 letter, and forwards its approval to MMSD for review.
L. 
The MMSD Commission approves the application at its monthly meeting.
M. 
Staff can then update the MMSD Sewer Service Area Boundary Map.
The process for amending the Urban Service Area is as follows and may be processed concurrently with amending the current Sewer Service Area as identified in § 275-21.2:
A. 
The applicant shall file an application with DCD to initiate the process.
B. 
The applicant submits application to the Common Council for initial review, and the Council refers the application on to the Plan Commission or Community Development Authority and Utility Committee.
C. 
The Plan Commission or Community Development Authority reviews for consistency with Comprehensive Plan, land use, zoning and neighborhood consistency and shall make a recommendation pursuant to § 275-15D(8)(a)[4] with regards to the actual boundary amendment and send its report on to the Common Council and/or Utility Committee.
D. 
The Utility Committee reviews the application for cost recovery and conveyance issues and sends a report to the Common Council.
E. 
The Common Council shall take action on the application. The approval of such an amendment shall require a three-fourths vote of the members elect of the Common Council.
F. 
If approved, staff shall be authorized to amend the Urban Service Area Boundary Map.
A. 
Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Common Council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the City Plan Commission and based on the adopted Comprehensive Plan and the associated future Land Use Map.
B. 
Initiation.
(1) 
A change or amendment to this section may be initiated by the Common Council or the City Plan Commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
(2) 
Any change to a C-1 Upland Resource Conservancy District boundary shall require that rezoning procedure described in this section to be followed. Such change in the boundary shall be described by a legal description prepared by a Wisconsin registered land surveyor.
(3) 
Any change to a C-2 Shoreland Wetland Holding District boundary shall require that rezoning procedure described in this section to be followed. Such change in the boundary shall be described by a legal description prepared by a Wisconsin registered land surveyor.
(a) 
All C-2 Shoreland Wetland Districts shall be considered holding districts, and C-2 boundaries shall no longer be amended via a rezoning process. Refer to §§ 275-13 and 275-37.
(b) 
A wetland holding district shall be used for all C-2 zoned lands and is subject to the wetland registration process. Refer to §§ 275-13 and 275-37.
C. 
Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Department of Community Development, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached all materials specified by the Department of Community Development.
D. 
Review procedure. Petitions for changes or amendments shall be filed with the Department of Community Development. The review procedure shall follow the development/review procedure set forth in § 275-21.
E. 
Notice of public hearing. The Plan Commission shall hold a public hearing at the direction of the Common Council upon each proposed change or amendment, providing published and written notice pursuant to the general notice procedures of § 275-20D. Any Alderman may request the area in which notice is mailed to property owners be expanded beyond the six-hundred-foot distance, and the Clerk shall comply with such request. The Common Council shall also give at least 10 days' prior written notice to the Clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment. The applicant shall bear all costs of publication, notices, mailings and reporting.
(1) 
Pursuant to § 62.23(7)(d)4, Wis. Stats., the City Council shall maintain a list of persons who submit a written or electronic request to receive notice of any proposed zoning action that may be taken under § 62.23(7)(d)1.a or b or (7)(d)2, Wis. Stats., that affects the allowable use of the person's property. Annually, the City Council shall inform residents of the City that they may add their names to the list. The City Council may satisfy this requirement to provide such information by any of the following means: publishing a first class notice under Ch. 985; publishing on the City's Internet site; first class mail; or including the information in a mailing that is sent to all property owners. If the Plan Commission, the Board of Public Land Commissioners, or City Plan Committee of the City Council completes action on any tentative recommendations that are noticed under § 62.23(7)(d)1.a, Wis. Stats., proposed changes to a proposed district plan and regulations that are submitted under § 62.23(7)(d)1.b, Wis. Stats., or proposed amendments that are submitted under § 62.23(7)(d)2, Wis. Stats., and the City Council is prepared to vote on the tentative recommendations, proposed changes to a proposed district plan, and regulations or proposed amendments, the City Council shall send a notice, which contains a copy or summary of the tentative recommendations, proposed changes to a proposed district plan, and regulations or proposed amendments, to each person on the list whose property, the allowable use of which may be affected by the tentative recommendations or proposed changes or amendments. The notice shall be by mail or in any reasonable form that is agreed to by the person and the City Council, including electronic mail, voice mail, or text message. The City Council may charge each person on the list who receives a notice by first class mail a fee that does not exceed the approximate cost of providing the notice to the person. An ordinance or amendment that is subject to this subsection may take effect even if the city council fails to send the notice that is required by this subsection.
[Amended 10-11-2016 by Ord. No. 2576]
F. 
Approval criteria.
(1) 
Amendments to the Zoning Ordinance. Recommendations and decisions on amendments to the Zoning Ordinance should be based on consideration of the following criteria.
(a) 
Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact;
(b) 
Whether the proposed amendment is consistent with the Comprehensive Plan and the stated purposes of this chapter;
(c) 
Whether the proposed amendment will protect the health, safety, or general welfare of the general public;
(d) 
Whether the proposed amendment will protect the natural environment, including, but not limited to, air, water, stormwater management, wildlife, and vegetation.
(2) 
Changes to the zoning district boundaries (rezonings). In acting on a rezoning petition, the Common Council shall consider the stated purpose of the proposed zoning district and shall approve the petition only if it finds that:
(a) 
The proposed rezoning is consistent with the Comprehensive Plan and the stated purposes of this chapter;
(b) 
Adequate public facilities and services (including sewage and waste disposal, water, gas, electricity, schools, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;
(c) 
Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of the City to provide them;
(d) 
The proposed development has taken into account impacts on surrounding properties or the natural environment, including air, water, noise, stormwater management, soils, wildlife, and vegetation;
(e) 
The land proposed for rezoning is suitable for development and will not cause unreasonable soil erosion or have an unreasonable adverse effect on rare or irreplaceable natural areas;
(f) 
The proposed rezoning will not be used to legitimize, or "spot zone," a nonconforming use or structure; and
(g) 
The proposed rezoning is the minimum action necessary to accomplish the intent of the petition, and an administrative modification, variance, or conditional use permit could not be used to achieve the same result.
(3) 
Down zoning. Per § 66.10015(3), Wis. Stats., a political subdivision may enact a down zoning ordinance only if the ordinance is approved by at least 2/3 of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.
[Added 10-11-2016 by Ord. No. 2576]
(a) 
Per § 66.10015(1)(as), Wis. Stats., "down zoning ordinance" is defined as a zoning ordinance that affects an area of land in one of the following ways:
[1] 
By decreasing the development density of the land to be less dense than was allowed under its previous usage: or
[2] 
By reducing the permitted uses of the land that are specified in a zoning ordinance or other land use regulation to fewer uses than were allowed under its previous usage.
G. 
Protest. In the event of a protest against such district change duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change or by the owners pursuant to § 62.23(7), Wis. Stats.
H. 
Resubmittal. In the event the owner or subsequent owner of property desires to re-petition the Common Council to rezone all or part of land involved in a previous petition, a twelve-month period must elapse from the time of the final decision of one petition to the filing of the subsequent petition, unless Common Council has denied the petition "without prejudice."
I. 
(Reserved)
J. 
Shoreland Wetland Holding District:
(1) 
All C-2 Shoreland Wetland Districts shall be considered holding districts, and C-2 boundaries shall no longer be amended via a rezoning process. Refer to §§ 275-13 and 275-37.
(2) 
A wetland holding district shall be used for all C-2 zoned lands and is subject to the wetland registration process. Refer to §§ 275-13 and 275-37.
K. 
Upland Resource Conservancy District changes limited. The Plan Commission shall not permit changes to the Upland Resource Conservancy District that are inconsistent with the purpose and intent of the district as described in § 275-37B(3)(a). In accordance with § 275-15D(9), the Plan Commission shall determine whether a proposed rezoning to or from the C-1 Conservancy District is consistent with the purpose of the district.
L. 
Permanent Open Space/Conservation Lands District change limited. The Plan Commission shall not rezone any area from the C-3 Permanent Open Space/Conservation Lands District to any other zoning district. However, zoning overlay districts may also be used in conjunction with the C-3 Permanent Open Space/Conservation District only if they are not used to circumvent the purpose and intent of the C-3 Permanent Open Space/Conservation District.
A. 
General procedural requirement.
(1) 
Creation of a PUD Overlay District shall follow the same procedure used for amending the Zoning Map (see § 275-22) and requires an ordinance for adoption. The PUD ordinance shall specify all elements of what is to be modified or added to the basic underlying district, and provisions of the underlying basic use district not specifically enumerated as changed, modified, or deleted shall remain in full effect.
(2) 
Projects, buildings, subdivisions, land divisions, uses, or any developments may be specifically approved together at the same time as the PUD Overlay District. Combinations of regulations applicable in various City codes shall be identified as combined applications. The PUD Overlay District ordinance shall identify the specific project, building, subdivision, land division, or use approvals granted as part of a combined application.
(3) 
Large mixed-use PUDs may be subdivided into separate geographic areas or subdistricts with unique regulations applicable to each area or subdistrict. The PUD ordinance shall provide an accurate legal description for each subdistrict and specify which regulations are to apply to each subdistrict. Any section or part of the underlying zoning district not specifically enumerated as changed, modified, or deleted shall remain in full effect for that specific area or subdistrict.
(4) 
Petitions for a PUD Overlay District rezoning shall be filed by the owner, the owner's authorized agent, the Plan Commission, or the Common Council.
(5) 
Prior to the official submission of the petition for the approval of a PUD Overlay District, the owner or his agent making such petition shall meet with the City Plan Commission or its staff to discuss the scope and proposed nature of the contemplated development.
(6) 
Following the pre-petition conference, the owner or the owner's agent may file a petition with the Department of Community Development for approval of a PUD Planned Unit Development Overlay District. Such petition shall follow the procedure outlined in § 275-22 of this chapter for changes and amendments to the Zoning Map and regulations. The general procedure shall be as follows.
B. 
Review procedure. Petitions for PUD Overlay Districts shall be filed with the Department of Community Development. The review procedure shall follow the development/improvement review process set forth in § 275-21.
C. 
Public hearing. As set forth in § 275-22E of this chapter, the Plan Commission, at the direction of the Common Council, shall hold a public hearing on the petition. In the case of a combined application, only one hearing shall be required. The Common Council may elect, especially for combined applications, to hold the public hearing jointly with the Plan Commission.
D. 
PUD petition. The petition for approval of the PUD Overlay District shall conform with the requirements for a zoning change set forth in § 275-22 of this chapter and shall be supplemented with additional information and supporting materials as specified by the Department of Community Development. If a part of the combined application has a statutory time limit for action, the act of filing for a PUD waives any statutory time limits.
E. 
Combined application.
(1) 
In order to better expedite the review process for the landowner and to assist the City in reviewing the feasibility of a request for a PUD Overlay District, the owner or the owner's agent may submit, for approval, development plans together with the request for rezoning. This shall be considered a combined application.
(2) 
The application requirements of all permits and approvals, such as zoning permits, conditional use permits, land division, subdivision, architectural approval, and rezoning, when combined with a petition for a PUD Overlay District, shall comply with all application and submission requirements.
(3) 
If a public hearing is required for more than one of the individual applications of a combined application, only one public hearing shall be required for all parts of the combined application.
(4) 
If part of the application has a preliminary and final approval process, the combined application approval shall constitute the preliminary approval of that application.
(5) 
The Plan Commission and Common Council may act to approve, deny, or modify any part of a combined application.
(6) 
Any part of a combined application that is approved together with the approval of the PUD Overlay District petition may be incorporated into the PUD ordinance and made a part of the PUD.
(7) 
Applications for approval and requests for approval of development after the establishment of the PUD Overlay District ordinance, or made as a separate application (not part of a combined application), shall follow all the regular regulations in the respective zoning permit, conditional use, land division, subdivision, or architectural approval sections of this chapter. No special requirements or extra steps shall be required for approval in an area which has been zoned PUD Overlay District by ordinance.
F. 
Time limits.
(1) 
The PUD ordinance may set time limits for the development construction period. If the development, as evidenced by the securing of a zoning permit, within the specified time period, only the PUD Overlay District conditions shall expire and become null and void. The underlying zoning district shall remain in force regardless of whether the district was modified by the PUD or not. A PUD Overlay District without a time limit should be so specified in the PUD ordinance.
(2) 
If the PUD ordinance contains no language specifying a time limit, the approval of the PUD ordinance shall expire one year from the date of final approval by the Common Council, unless development has commenced as evidenced by the securing of zoning permits and the commencement of construction or preparation of land.
(3) 
The Common Council may grant an extension to the time limit after first requesting a recommendation from the City Plan Commission and upon the showing of a good-faith effort by the owner or developer. The request to extend the time period shall be submitted before the initial time period expires. The granting of a time extension by the Common Council shall be noted in the record as an amendment to the PUD ordinance.
(4) 
To remove a PUD Overlay District designation once construction has commenced shall be considered a rezoning and shall follow the procedures for rezoning as set forth in § 275-22 of this chapter. If a PUD Overlay District designation is removed, the underlying zoning district shall be in force.
G. 
Use and site plan review. Projects, subdivisions, and any development within the PUD District (which are not part of a combined PUD application) shall comply with all use approval or conditional use approval procedures set forth in City ordinances and shall be consistent with standards imposed on other development in the underlying zoning district as modified by the PUD ordinance.
H. 
Architectural review. Unless specifically approved as part of a combined PUD ordinance, or in lieu of specific architectural principals and standards in the PUD ordinance, the architectural review requirements set forth in § 275-59 of this chapter shall be complied with.
I. 
Approval criteria. The City Plan Commission in making its recommendation and the Common Council in making its determination shall determine whether the application complies with the PUD Overlay District standards and criteria set forth in § 275-39B(1).
J. 
Changes and additions.
(1) 
Any subsequent change to the boundary of the PUD Overlay District shall be considered a new rezoning petition and shall require Common Council approval pursuant to the requirements of § 275-22 of this chapter.
(2) 
Any amendment to the text of an approved PUD ordinance shall require Plan Commission review and Common Council approval.
(3) 
Any subsequent change or addition to the project approval in a PUD Overlay District shall require Plan Commission review and approval.
(4) 
The division of any land or lands within a PUD Overlay District for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the City.
(5) 
All applications for new construction within the New Berlin City Center PUD shall be required to submit an application for conceptual use, site, and architecture. The applicant shall submit conceptual site plans and architectural elevation sketches for review and comment by the City and its design consultants.
A. 
Compliance with review standards required for zoning permit. No principal or accessory use, development, structure, or sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, structurally altered, occupied, or reoccupied; no site or premises shall be altered, used, changed, modified, or occupied; and no grading undertaken, until after the owner has applied for and the Department of Community Development staff and/or the Plan Commission has reviewed and approved an application for a zoning permit, based on compliance with the use, site plan, and architectural review standards set forth below. The Zoning Code in effect on the date of application shall apply.
B. 
Application. The owner or agent shall make application for a zoning permit (use approvals, administrative use approvals, and reoccupancy permits) through the permit application center on forms furnished by the Department and shall include all information and supporting materials as specified by this chapter and the Plan Commission.
C. 
Use, site plan, and architectural review standards.
(1) 
Purpose. These review standards are intended to:
(a) 
Promote compatible development;
(b) 
Promote stability of property values;
(c) 
Foster the attractiveness and functional utility of the community as a place to live and work;
(d) 
Preserve the character and quality of the built environment by maintaining the integrity of those areas which have a discernible character or are of a special historic significance;
(e) 
Protect certain public investments in the area; and
(f) 
Raise the level of community expectations for the quality of its environment.
(2) 
Plan of operation (use approval). No use shall be approved until the Plan Commission and staff have reviewed the plan of operation, which shall indicate:
(a) 
The proposed use of the land and/or structures;
(b) 
Activities to occur both inside and outside all principal and accessory structures;
(c) 
The frequency and duration of all activities;
(d) 
The number of employees of any commercial or industrial enterprise;
(e) 
The estimated number of occupants of a multifamily residential use;
(f) 
The number, size, and type of all vehicles associated with the use, including number of vehicle trips;
(g) 
Plans for compliance with the general development standards set forth in Article VIII of this chapter;
(h) 
The season, days, and hours of operation;
(i) 
The expected starting and completion dates of construction;
(j) 
The proposed phasing of the project, if appropriate; and
(k) 
Resolution or mitigation of any hazards or adverse impacts resulting from the project.
(3) 
Site plan review principles and standards. To implement the purposes set forth in § 275-53, the Plan Commission and staff shall review the site impacts, including but not limited to existing and proposed structures; neighboring uses; setbacks; utilization of landscaping, screening, buffering and open space; parking areas; driveway locations for ingress and egress; loading and unloading (in the case of commercial and industrial uses); lighting; pedestrian access; highway access; traffic generation and circulation; view corridors; stormwater and drainage; sewerage and water systems; grading; filling; utilities (telephone, electric, cable, etc.); natural resource preservation; and the proposed plan of operation. The Plan Commission shall only approve site plans that comply with the standards and criteria set forth in § 275-53.
(a) 
Grading permits. No grading or filling of land shall take place, other than typical minor landscaping, until the owner has applied for and the Department of Community Development has reviewed and approved an application for a grading permit.
[1] 
Application. Application for grading permits shall be filed with the permit application center.
[2] 
Review procedure. The review procedure shall follow the development review process set forth in § 275-21, except for the following modifications:
[a] 
Step 3: Staff review and report. Engineering staff may issue an administrative grading permit. The owner may, at his own risk, grade or fill land after issuance of a grading permit.
[b] 
Step 4: Plan Commission public meeting is not applicable for grading permits.
[c] 
Step 5: Plan Commission action. The Plan Commission may modify or revoke any administrative grading permit. Any grading or filling shall be remediated according to the Plan Commission's decision.
[d] 
Steps 6 and 7 are not applicable for grading permits.
[3] 
Approval criteria. An administrative grading permit or grading permit shall be issued unless the application is not in compliance with § 275-55.
[4] 
Inspection. Engineering staff may require certification of final grades.
(b) 
Retaining wall permits. No retaining wall construction shall take place, other than typical minor landscaping, until the owner has applied for and the Department of Community Development has reviewed and approved an application for a retaining wall permit. Per § 275-55A(5), Retaining walls may be reviewed and approved with a building permit, in which case a separate use approval permit would not be required.
[Amended 6-11-2019 by Ord. No. 2620]
[1] 
Application. Application for retaining wall permits shall be filed with the permit application center.
[2] 
Review procedure. The review procedure shall follow the development review process set forth in § 275-21, except for the following modifications:
[a] 
Step 3: Staff review and report. Engineering staff may issue an administrative retaining wall permit. The owner may, at his own risk, construct the approved retaining wall after issuance of a grading permit.
[b] 
Step 4: Plan Commission public meeting is not applicable for grading permits.
[c] 
Step 5: Plan Commission action. The Plan Commission may modify or revoke any administrative retaining wall permit. Any retaining wall may be moved or removed according to the Plan Commission decision.
[d] 
Steps 6 and 7 are not applicable for retaining wall permits.
[3] 
Approval criteria. An administrative retaining wall permit shall be issued unless the application is not in compliance with § 275-55.
(4) 
Architectural review principles and standards. To implement the purposes set forth in § 275-59, the Plan Commission and staff shall review the building plans, renderings, material samples, floor plans, elevations, location, orientation, color, texture, shape, aesthetics, height, bulk, setback, massing, lighting, floor area ratio, compatibility for additions and modifications to existing and proposed structures for all plans and shall only approve plans that comply with the architectural review principles, criteria, and review guidelines set forth in § 275-59.
D. 
Issuance of the zoning permit or use approval.
(1) 
The Plan Commission may delegate authority to the Department of Community Development staff to approve and issue zoning permits and use approvals that are found to comply with the provisions of this chapter. Permits issued by staff, under the authority of the Plan Commission, shall have the same weight and force and be subject to the same conditions and review procedures as those acted on by the Plan Commission.
(2) 
Approvals granted by the Plan Commission shall expire after 12 months unless a zoning permit has been issued. The Plan Commission or Community Development Authority may grant a twelve-month extension if requested prior to the expiration of the 12 months, provided that the applicant demonstrates a valid cause acceptable to the Plan Commission or Community Development Authority. Additional extensions may be requested and may only be approved upon review by the Plan Commission or Community Development Authority, all applicable fees are paid and the applicant demonstrates a valid cause acceptable to the Plan Commission or Community Development Authority. The request for extension must be received prior to the expiration of the original extension. Requests for an extension submitted after permit expiration shall not be considered.
E. 
Expiration. A zoning permit shall expire if, within 12 months of the date of the approval, the proposed construction, activity, or preparation of land has not substantially commenced. Substantial commencement is demonstrated by reasonable physical alteration of the site in conformance with approved plans. The Department of Community Development Director may grant a twelve-month extension if requested prior to the expiration of the 12 months, provided that the applicant demonstrates a valid cause acceptable to the Department of Community Development. Additional extensions may be requested and may only be approved upon review by the Plan Commission or Community Development Authority, all applicable fees are paid and the applicant demonstrates a valid cause acceptable to the Plan Commission or Community Development Authority. The request for extension must be received prior to the expiration of the original extension. Requests for an extension submitted after permit expiration shall not be considered.
F. 
Transferability. Zoning permits are not transferable from one applicant to another without approval of the Plan Commission. Zoning permits are site-specific and thus are not transferable from one site to another under any circumstances. The only exception to this area is for applicants that hold a reoccupancy zoning permit. If an applicant wishes to expand to an adjacent unit within the same building, the applicant is not required to file a new application. The applicant shall submit a letter to the City of New Berlin notifying the City of such change prior to moving to the adjacent space within the building. If the business plans to add more employees, make physical changes to the outside of the building, or make any other deviations to the approved plan of operation, the applicant shall follow all applicable City processes.
A. 
General requirement. No building or structure shall be erected, altered, relocated, moved, extended, or enlarged until a building permit has been issued by the Director, certifying that such building, as proposed, would be in compliance with the provisions of this chapter, with the 2015 International Building Code as adopted by the state, and with the adopted City Building Code.
[Amended 10-9-2018 by Ord. No. 2607]
B. 
Application. In addition to the requirements of §§ COMM 20.04 and COMM 50.03, Wis. Adm. Code, applications for a building permit for new construction and for additions to existing construction shall include all information and supporting materials as specified by the permit application center.
C. 
Permit issuance. No building permit shall be issued until the Department of Community Development has issued the zoning permit/use approval and all public improvements are installed and accepted by the City or a sanitary permit has been issued by the county.
D. 
Recertification . Recertification of the line and grade of footings is required and shall be prepared by a registered land surveyor and submitted to the Department of Community Development prior to any further masonry construction or the pouring of footings.
E. 
Recertification of the lot grades. Recertification of the lot grades is required and shall be prepared by a registered land surveyor and submitted to the Department of Community Development upon completion of the project or prior to expiration of the building permit.
A. 
General requirement. No vacant land shall be occupied or used; and no building or premises shall be erected, altered, or moved, or a change in use created; and no new construction, additions to, or remodeling of structures or internal modifications of areas shall be occupied or reoccupied; and no nonconforming use shall be maintained, renewed, changed, or extended, until an occupancy permit has been issued by the Building Inspector. Such occupancy permit shall show that the building, site, or premises or part thereof is in compliance with the provisions of this chapter and any conditions as set forth by the City staff, Plan Commission or Common Council. Such permit shall be applied for at the time of occupancy of any land and/or building. For purposes of this section, an "internal modification" shall be a modification to an interior of a structure that requires a building permit under this chapter.
B. 
Application and review/inspection procedure.
(1) 
Application for an occupancy permit shall be made through the Department of Community Development on forms provided by the Director.
(2) 
No occupancy permit shall be issued until the Department of Community Development staff has approved the zoning permit/use approval.
(3) 
Any change in use of a building or structure, or substantial building modification, shall require a zoning permit/use approval and/or building permit prior to applying for the occupancy permit. "Substantial building modification" includes any change in the architectural character of the building.
(4) 
The Director shall inspect the building, site, or premises for compliance with all current codes, plans, specifications, and conditions of approval prior to issuance of an occupancy permit. No occupancy shall be allowed if any other outstanding violations exist on the site. As-built plans may be required to substantiate or verify that certain conditions of the zoning permit, use approval, conditional use permit, developer's agreement, or building permit have been complied with.
(5) 
Prior to occupying a site, existing building or part of a building located in a business, office, manufacturing, quarrying, landfill, or institutional district, or any site, existing building or part of a building used for business, office, manufacturing, quarrying, landfill, or institutional purposes by a new tenant or owner, a new occupancy permit must first be applied for and issued by the Director prior to any use by the new tenant or owner. Such permit shall show that the building, site, premises, or part thereof is in compliance with all current provisions of the Zoning Ordinance, Uniform Dwelling Code, Electrical Code, Fire Prevention Code, Plumbing Code, and Plan Commission policies of the City of New Berlin and the State of Wisconsin.
(6) 
Occupancy may be allowed prior to completion of all site improvements due to hardship or weather, subject to approval by the Director of a phasing plan with a definite timetable for completion and adequate financial sureties.
(7) 
Phasing of large projects or multitenant buildings is permitted with Plan Commission or Community Development Authority approval or pursuant to an approved developer's agreement.
(8) 
It shall be a municipal violation to occupy a building, site, or premises or part of a building, site, or premises without first obtaining an occupancy permit. Each day of occupancy without said occupancy permit shall constitute a separate violation and shall be subject to the appropriate penalties.
(9) 
The Director shall keep a record of all occupancy permits issued and shall notify the City Assessor, Director, and Fire Inspector of all occupancies.
(10) 
No land within the floodland districts shall be developed, occupied or used and no structure hereafter erected, altered, or moved shall be occupied until the applicant submits to the Department of Community Development a certification by a registered professional engineer or land surveyor that the floodland regulations set forth in this chapter have been fully complied with. Such certification shall include the first-floor and basement-floor elevations of any structure erected on the site.
C. 
Other permits. It is the responsibility of the permit applicant to secure all other necessary permits required by any federal, state, or local agency. This includes, but is not limited to, a water use permit pursuant to Ch. 30 or 31, Wis. Stats., or a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act.
A. 
Application for conditional use permit. Application for conditional use permits shall be made through the permit application center on forms furnished by the Department of Community Development and shall include information and supporting materials as specified.
B. 
Review procedure. The review procedure shall follow the Department of Community Development review process set forth in § 275-21, except for the following modifications:
[Amended 10-11-2016 by Ord. No. 2576; 10-9-2018 by Ord. No. 2607; 6-11-2019 by Ord. No. 2620]
(1) 
Step 3: Staff review and report.
(a) 
General referrals. The Department of Community Development shall refer copies of the conditional use application to the appropriate City departments and other appropriate agencies for review of the plan of operation, site plans, architectural plans, existing and proposed structures, neighboring uses, parking areas, driveway locations, drainage, sewer and water systems, grading, landscaping, potential impacts or hazards, and open space utilization plans for all developments. The City staff shall report its findings and recommendations to the Plan Commission within 45 days following receipt of the application.
(b) 
Referrals to DNR. The Department of Community Development shall transmit a copy of each application for a conditional floodland use to the Wisconsin Department of Natural Resources (DNR) for review and comment. Action on the application shall not be taken until the DNR has made its recommendation. A copy of all floodland conditional use permits shall be transmitted to the DNR within 10 days of the effective date of such permit.
(c) 
Third-party consultation. If necessary expertise is not available from City staff or from appropriate regional, state or federal agencies, the City may consult with a third party to effectively evaluate a conditional use permit application. The Director, or his or her designee, will select the consultant. The applicant for the conditional use permit shall bear all costs and expenses associated with such consultation through the developer deposit. Applicants retain the right to withdraw a pending conditional use permit application if they choose not to pay consultant fees.
(2) 
Steps 4, 5 and 6: Plan Commission public hearing, public meeting and action.
(a) 
(Reserved)
(b) 
Notice of the public hearing regarding the conditional use shall be posted pursuant to § 275-20D(4), and notice of such hearing shall be mailed to all owners of land within 600 feet of the conditional use application. Pursuant to § 62.23(7)(d)4, Wis. Stats., notices will also be provided to those who have requested notice of adoption of zoning changes that impact the allowable use of their property.
(3) 
Step 7: Common Council review and action. Step 7 is not applicable for conditional use applications.
C. 
Approval criteria. The Plan Commission of the City of New Berlin will grant approval of conditional use permits only if it finds that the proposed use complies with all relevant regulations set forth in this chapter, including, but not limited to, § 275-41, Use-specific regulations, and Article VIII, General Development Regulations. Per § 66.1001(2m)(b), Wis. Stats., a conditional use does not need to be consistent with the City's Comprehensive Plan.
[Amended 10-11-2016 by Ord. No. 2576; 10-9-2018 by Ord. No. 2607]
(1) 
Approval of a conditional use. Recommendations and decisions on conditional uses should be based on consideration of the following criteria:
(a) 
Whether the proposed use corrects an error or meets the challenge of some changing condition, trend, or fact;
(b) 
Whether the proposed use is consistent with the health, safety, or general welfare of the general public;
(c) 
Whether the proposed use will protect the natural environment, including, but not limited to, air, water, stormwater management, wildlife, and vegetation.
(2) 
Changes to the use. In acting on a conditional use, the Plan Commission/CDA shall consider the stated purpose of the proposed use and shall approve the petition only if it finds that the applicant has provided substantial evidence as that term is defined in Wis. Stats. § 62.23(7) that the use will meet the following criteria for approval:
(a) 
Adequate public facilities and services (including sewage and waste disposal, water, gas, electricity, schools, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;
(b) 
Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of the City to provide them;
(c) 
The proposed development has taken into account impacts on surrounding properties or the natural environment, including traffic, air, water, noise, stormwater management, soils, wildlife, and vegetation;
(d) 
The land is suitable for development and will not cause unreasonable soil erosion or have an unreasonable adverse effect on rare or irreplaceable natural areas; and
(e) 
The proposed use will not be used to legitimize a nonconforming use or structure.
D. 
Transferability. Conditional use permits are site-specific and thus are not transferable from one site to another under any circumstances.
E. 
Expiration. A conditional use permit shall expire if, within 12 months of the date of the approval, the proposed construction, activity or preparation of land has not commenced. The Plan Commission or Community Development Authority may grant an extension of up to 12 months to the time limit upon the showing of a good-faith effort to develop the use by the applicant. Additional extensions may be requested and may only be approved upon review by the Plan Commission or Community Development Authority, when all applicable fees are paid and when the applicant demonstrates a valid cause acceptable to the Plan Commission or Community Development Authority. The request for extension must be received prior to the expiration of the original extension. Requests for an extension submitted after permit expiration shall not be considered.
F. 
Existing uses. All uses existing at the effective date of this chapter, which would be classified as a conditional use in the particular district concerned if they were to be established after the effective date of this chapter, are hereby declared to be conforming conditional uses. Any proposed change in the existing operation shall be subject to the conditional use procedures as if such use were being established anew.
G. 
Amendments. Changes subsequent to the initial issuance of a conditional use permit that would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall follow the procedures for granting a permit. Pursuant to § 62.23(7)(d)4, Wis. Stats., notices will also be provided to those who have requested notice of adoption of zoning changes that impact the allowable use of their property.
[Amended 10-11-2016 by Ord. No. 2576]
H. 
Revocation of conditional use permit. Should a permit holder fail to comply with the conditions of the permit issued by the Plan Commission, or should the use or characteristics of the use be changed without prior approval by the Plan Commission, the conditional use permit may be revoked, in whole or in part, by the Plan Commission upon notice and a hearing.
All regulations regarding development agreements are set forth in Chapter 235, Subdivision of Land, § 235-15G, and Section 2 of the document titled "Developer's Handbook," as approved by the Board of Public Works.
A. 
Applicability. No sign shall be erected, maintained, or used without a valid sign permit. Application for a sign permit shall be made on forms provided by the City and shall contain or have attached all information and supporting material as specified by the Department of Community Development.
B. 
Review procedure. Applications for sign permits shall be filed with the permit application center. The review procedure shall follow the development review process set forth in § 275-21, except for the following modifications:
[Amended 6-11-2019 by Ord. No. 2620]
(1) 
Step 3: Staff review and report. The Director shall review sign permit applications for completeness and accuracy and forward such applications to the Plan Commission, Architectural Review Committee, or Community Development Authority when necessary.
(2) 
Step 5: Plan Commission public meeting, if applicable.
(3) 
Step 6: Plan Commission action. Upon the recommendation of the Department of Community Development, staff shall approve or deny a completed application within five business days of receipt from the applicant. The Department of Community Development shall issue a sign permit upon approval by staff. The permit shall become null and void if work authorized under the permit has not been completed within 12 months of the date of issuance.
C. 
Approval criteria. Staff shall approve a sign permit unless they find that:
(1) 
The requested permit is not in compliance with § 275-61; or
(2) 
If completed as proposed, the sign will not comply with one or more requirements of this chapter.
D. 
Construction review. The Department of Community Development may refer a sign permit request to Building Inspection Services for review of construction details or specifications prior to approval.
E. 
Inspection. The sign owner shall call the Department of Community Development for an electrical inspection (if applicable) upon completion of all permit requirements and installation.
F. 
Architectural review. The Department of Community Development may forward sign permit applications to the Architectural Review Committee to review the materials for construction and design integrity of signage.
A. 
Application filing. Applications for variances shall be submitted to the Director.
B. 
Public hearing notice. Notice of the public hearing shall be published and mailed pursuant to the general notice provisions of § 275-20D, and notice of such hearing shall be mailed to all owners of land within 300 feet of the variance application.
C. 
Review and action. The Board of Appeals shall hold a public hearing on each variance application and, within 15 days following the public hearing, act to approve, approve with conditions, or deny the variance based on the approval criteria of Subsection D. The Board shall transmit a signed copy of the Board's decision to the appellant or applicant and the Director.
D. 
Approval criteria. No variance to the provisions of this chapter shall be granted by the Board unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) 
Use variances prohibited. No use variance shall be allowed.
(2) 
Preservation of district 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.
(3) 
Exceptional circumstances. There must 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 or recurrent nature as to suggest that this chapter should be changed.
(4) 
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.
(5) 
Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
(6) 
Absence of detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
E. 
Conditions. Conditions may be placed upon any zoning or building permit ordered or authorized by the Board of Appeals.
F. 
Expiration. Variances granted by the Board shall expire within one year unless substantial work has commenced pursuant to such grant.
A. 
General. This section sets out the procedures and standard for administrative adjustments. Administrative adjustments may be requested for the standards identified below.
B. 
Authority. The Director of Community Development is authorized to review and approve, approve with conditions, or deny an application for an administrative adjustment in accordance with this section.
C. 
Procedure.
[Amended 10-9-2018 by Ord. No. 2607]
(1) 
Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in § 275-20, Common review and approval procedures.
(2) 
Review and action by the Director of Community Development. The Director shall review and take action on applications in accordance with the procedures and requirements of § 275-20.
D. 
Administrative adjustments allowed. Upon review and approval of an application for an administrative adjustment, the Director has the authority to grant a dimensional variance to the front, side and/or rear setbacks for new structures, additions to existing structures or accessory buildings in the amount of 20% of the required setback.
[Amended 10-9-2018 by Ord. No. 2607]
(1) 
Dimensional variances for new structures shall only apply for:
(a) 
Infill development.
(b) 
Legal lot of record that does not meet the minimum lot size in its district.
(2) 
This section shall apply to residential and commercial development.
(3) 
This section shall not apply to wetland setbacks.
E. 
The following factors will be considered when reviewing applications for administrative adjustments:
(1) 
Overall size of the lot;
(2) 
Impact on surrounding properties;
(3) 
Character of the neighborhood;
(4) 
Overall dimensions of the lot;
(5) 
Any other applicable information regarding the impact of the request.
F. 
Appeals can be made to the Board of Appeals if an administrative adjustment is not granted.
A. 
Standing to appeal; timing.
(1) 
Appeals from the decision of any review and decisionmaking body may be made by any person aggrieved or his agent, or by an officer, department, board, or bureau of the City. Such appeals shall be filed with the Department of Community Development or the review and decisionmaking body from whom the appeal is taken within 30 days after the date of written notice of the decision or order of the review and decisionmaking body.
(2) 
The owner or lessee of the structure, land, or water to be affected, or his agent, may make appeals following the decision of any review or decisionmaking body, but not later than 30 days after the date of written notice of the decision or order of the review and decisionmaking body.
B. 
Format of appeal. All appeals shall be in writing and on such forms as shall be prescribed by the decisionmaking body and accompanied by the appropriate filing fee. Every appeal shall state, at a minimum, what provision(s) of the chapter is/are involved, what relief from the provision(s) is being sought, and the grounds on which the relief should be granted to the appellant.
C. 
Appeals from Department of Community Development or Plan Commission's decision. Appeals of decisions of the Department of Community Development or Plan Commission shall be made to the Board of Appeals, unless otherwise provided for in this chapter. The Board of Appeals shall hold a public hearing on each appeal and, following the public hearing, act to approve or deny the appeal. Written and published notice for public hearings on appeals shall be provided pursuant to the general notice requirements of § 275-20D. The concurring vote of a majority of the Board, or four votes, shall be necessary to reverse any order, requirement, decision, or determination of the Department of Community Development or the Plan Commission, or to decide in favor of the appellant on any matter upon which it is required to pass under this chapter. Upon reaching a decision on an appeal, the Board of Appeals shall notify the appellant(s) in writing and the Plan Commission within 10 working days after taking final action on an appeal and shall, in case of denial, state its reasons for denial in writing.
D. 
Appeals from Board of Appeals' decisions. Any further appeal of decisions made by the Board of Appeals shall be made to the courts, as provided by law, unless otherwise provided for in this chapter.
E. 
Appeals of Common Council's decisions. Appeals of decisions of the Common Council shall be made to the courts, as provided by law.