The general provisions of this section apply to all development
applications and procedures under this chapter unless otherwise stated.
A.
Authority to file applications.
(2)
When a review or decisionmaking body initiates action under this
chapter, it does so without prejudice toward the outcome.
(3)
Prior to issuance of any permit, the applicant shall have fully paid
all utility bills, property taxes, assessments and fees of the City,
and the premises shall fully comply with all applicable codes, ordinances,
rules and regulations regarding building, electrical and plumbing
components thereof. In addition, the applicant shall obtain all other
permits required to occupy the licensed premises or to conduct the
operations permitted under the license from any and all City departments
or other governmental entities with jurisdiction.
[Added 4-25-2023 by Ord. No. 2668]
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.
(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:
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.
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:
G.
Protest.
[Amended 10-13-2020 by Ord. No. 2642]
(1)
In the event that a protest petition is submitted opposing a zoning
change to the City, the Department of Community Development staff
shall determine the petition's validity and it's compliance with at
least one of the criteria set below in the following manner:
(a)
The petition is signed and duly acknowledged by the owners of
20% or more of the areas of land included in such proposed change;
or
(b)
The petition is signed and duly acknowledged by the owners of
20% or more of the area of the land immediately adjacent to the lands
proposed to be changed extending 100 feet therefrom; or
(c)
The petition is signed and duly acknowledged by the owners of
20% or more of the land directly opposite of the lands under a proposed
change extending 100 feet from the street frontage of such opposite
land(s) where a proposed change is applied for.
(2)
Each of these criteria shall be considered independently and are
distinct for purposes of determining whether a valid protest has been
made. In addition, the calculation of ownership shall be based solely
on the ownership of the lands in the defined area, not of the broader
parcels of which they may be a part.
(3)
For a protest petition to be considered valid, it shall contain the
following verifiable information:
(a)
The petition itself shall identify the property address(es)
that are part of the submitted application for rezoning; and
(b)
The petition itself shall identify the specifics of the proposed
changes to including, but not limited to, the current zoning of the
property(ies) and the proposed zoning change; and
(d)
That said owners have duly acknowledged that they understand
the proposed change; and
(e)
That the owner(s) acknowledge that such proposed change would
require a two-thirds vote of the entire membership of the Common Council
before the proposed change may take effect (five of seven Aldermen).
(f)
The protest petition must be filed with the Director of Community
Development not later than 14 days of holding of the public hearing
on the proposed rezoning.
(4)
No signatures from landowners and/or residents outside of those identified in § 275-22G(1)(a), (b), and (c) shall count towards satisfying the protest petition validity requirements. If the City determines that it has received a valid protest petition, such change(s) or amendment(s) shall not become effective except by the favorable vote of 2/3 of the entire membership of the Common Council (five of seven Aldermen) as to the proposed change. The term "signed and duly acknowledged" shall, for purposes of this subsection, be defined as meaning that the protestors (s) have individually signed the document attesting to the fact that they have an ownership interest in lands which are eligible to protest the proposed rezoning under this subsection, that they declare and endorse the purpose of the petition and that they have signed the document attesting to said facts. The signature of each protestor need not be individually acknowledged but shall be notarized collectively by the circulator of the petition, stating that the collective signatures on the petition have been acknowledged and attested to. The name of each protestor, as well as their home address and the address of the property in which they have an ownership interest and which is eligible to protest under this subsection must be legibly printed. In the event that said information is not legible the Council may disregard the objection of such person.
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)
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.
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. If additional lands are acquired adjacent to an existing PUD and the owner intends to use the lands in support of and/or in a manner similar to the PUD, the owner shall be required to apply for an amendment to the PUD to include such lands. Any standards, criteria and development regulations shall be evaluated by the City prior to amending the PUD.
[Amended 8-24-2021 by Ord. No. 2652]
(2)
Any amendment to the text of an approved PUD ordinance shall require Plan Commission review and Common Council approval, pursuant to § 275-22.
[Amended 8-24-2021 by Ord. No. 2652]
(3)
Any subsequent change or addition to the project approval, not already identified in an approved PUD Overlay ordinance, shall require a PUD amendment, pursuant to § 275-22.
[Amended 8-24-2021 by Ord. No. 2652]
(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.
(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.
[Amended 10-9-2018 by Ord. No. 2607; 10-13-2020 by Ord. No. 2642]
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
current edition of the International Building Code as adopted by the
state, and with the adopted City Building Code at the time of building
permit issuance.
B.
Application. In addition to the requirements of §§ SPS
320.04 and SPS 361.03, 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.
[Amended 10-11-2016 by Ord. No. 2576; 10-9-2018 by Ord. No. 2607; 6-11-2019 by Ord. No. 2620; 10-13-2020 by Ord. No. 2642]
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:
(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., it is recommended that a conditional use be consistent with the City's Comprehensive Plan, but it is not required.
(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.
(d)
Public hearing testimony that is based upon facts and/or observed
conditions can be considered substantial evidence.
(e)
The purpose and intent of the various sections of this chapter,
as well as the permitted uses, along with the Comprehensive Plan,
shall be considered in determining whether a particular conditional
use is compatible with surrounding properties.
(f)
With regard to the Agricultural (A-1 and A-2) and Rural Conservation
Single-Family Residential (R-1/R-2) zoning districts, any conditional
use must be compatible with the rustic and rural lifestyle of these
districts.
(g)
The uses, values, and enjoyment of other City property and the
neighborhood for purposes already permitted shall not be substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use.
(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 § 62.23(7), Wis. Stats.,
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.
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.
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.
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.
[Amended 10-13-2020 by Ord. No. 2642]
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, or as set by the Board of Appeals, unless substantial work has
commenced for the construction of the footings and foundation, pursuant
to such grant.
[Amended 10-9-2018 by Ord. No. 2607; 10-13-2020 by Ord. No. 2642]
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.
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 setbacks for new
structures, additions to existing structures or accessory buildings
in the amount of 20% of the required setback.
E.
The following factors will be considered when reviewing applications
for administrative adjustments:
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.
