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					17.37 CONDITIONAL USE REVIEW AND APPROVAL. (1982) 07/27/99 (1) PURPOSE. (a) The purpose of this Section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses. Certain uses in situations which are of such a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this Code of specific standards, regulation, or conditions which would permit such determination in each individual situation, may be permitted as conditional uses. Under this Code, a proposed conditional use shall be denied unless the Applicant can demonstrate, to the satisfaction of the City, that the proposed Conditional Use will not create undesirable impacts on nearby properties, the environment, nor the community as a whole. Limited Conditional Uses: Limited conditional uses are the same as regular conditional uses except that in the considered findings of the City Council and the granting thereof, because of any of the following: Their particularly specialized nature, their particular locations within a district, their peculiar unique relationships or needed compatibility of uses to involved individuals, or any other reason(s) the City Council deems specially relevant and material to delimit the scope thereof, should be of lesser permanence than regular conditional uses and the duration of term of existence may be established until time certain or be limited to a future happening or event at which time the same shall terminate.

(b)

(c)

(d)

(2)

APPLICATION FOR CONDITIONAL USE PERMIT. Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought, may file an application to use such land for one (1) or more of the conditional uses in the zoning district in which such land is located. (a) Application Requirements. All applications for proposed conditional uses shall be approved as complete by the Zoning Administrator prior to the initiation of this procedure. The submittal of an application to the City Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the City Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred, except that an item may be placed on any agenda as a discussion only item without an application, with the permission of the Zoning Administrator, without an application. The applicant shall provide the City Clerk with eleven (11) copies of the complete application as certified by Zoning Administrator. A complete application shall be comprised of all of the following: A map of the subject property showing all lands for which the conditional use is proposed and all other lands within 100 feet of the

boundaries of the subject property, together with the names and addresses of the owners of lands on said map as the same appear on the current records of the Sauk County Real Property Lister or on the current records of the Register of Deeds of Sauk County. The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction that maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than 1 inch equals 300 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided; 1. 2. A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole; A written description of the proposed conditional use describing the type of activities, buildings and structures proposed for the subject property and their general location. A full legal description of the site, the address and the parcel number of the site, a description of each structure on the site, the proposed operation or use of the land constituting the site and each structure on the site, the number of persons to be employed on the site and the current zoning of the site. A site plan of the subject property as proposed for the development. Said site plan shall conform to any and all requirements of Subsection 17.37(2)(b), below. If the proposed conditional use is a group development, a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan. Conditions such as: landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission upon its findings that these are necessary to fulfill the purpose and intent of this Chapter. The foregoing conditions are listed for illustration purposes, and not for limitation purposes. A statement by the applicant providing written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidence by compliance with the standards set forth in Subsection 17.37(2)(b)2 below. Prepayment of the required fee.

3.

4.

5.

6. (b)

Review by the Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows: 1. The Zoning Administrator shall determine whether the application is completed and fulfills the requirements of this Code. If the Zoning Administrator determines that the application is not complete or

does not fulfill the requirements of this Code, he/she shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he/she shall so notify the applicant. 2. Upon notifying the applicant that the application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application as provided in Subsection 17.37(2) above. The Zoning Administrator shall also evaluate the application to determine whether the request is in harmony with the recommendation of the City’s Master Plan, particularly evidenced by compliance with the following standards: a. The proposed conditional use (the use in general, independent of its location) is in harmony with the purposes, goals, objectives, policies and standards of the City of Baraboo’s Comprehensive Plan, this Code, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the City. The proposed conditional use, in its proposed location and as depicted on the required site plan (per Subsection 17.37(2)(a) above), does not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this Code, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide development. The proposed conditional use maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property. The potential public benefits of the proposed conditional use outweigh all potential adverse impacts of the proposed conditional use (as identified in Subsections a. through d., above), after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Additional standards to be applied are as follows:

b.

c.

d.

e.

f.

[1]

Whether the establishment, maintenance or operation of the conditional use will be detrimental to, or endanger the public health, safety, morals, comfort or general welfare, or conflict with the spirit or intent of The Codes. Whether the uses, values and enjoyment of other property in the neighborhood of the site which is being used for permitted zoning purposes will be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use. Whether the proposed conditional use is compatible with the use of adjacent properties. Whether the establishment of the conditional use will impede the normal and orderly development and improvement for uses permitted in the zoning district. Whether adequate utilities, drainage, open spaces, landscaping, lighting and other necessary site improvements have been or are being provided. Whether adequate driveways, walkways, traffic access and parking areas have been or will be designed as to minimize traffic congestion in the public streets and to provide for the safety of pedestrians. Whether adequate provisions have been or are being provided for the removal and depositing of snow. Whether the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located. Whether the conditional use will violate flood plain regulations governing the site. If new construction of a building or an addition to an existing building is contemplated as part of the conditional use, whether the proposed building or addition conflicts with the purposes and objectives of the zoning district where the site is located. Whether the proposed use will have an adverse affect upon any of the following: [a] The maintenance of safe and healthful conditions.

[2]

[3] [4]

[5]

[6]

[7] [8]

[9] [10]

[11]

[b] [c] [d]

The prevention and control of pollution, including sedimentation.

water

Existing topographic and drainage features and vegetative cover on the site. The location of the site with respect to floodplains and floodways of rivers and streams. The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover. The location of the site with respect to existing or future access roads. The need of the proposed use for a shoreland location. Its compatibility with uses on adjacent lands. The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

[e]

[f] [g] [h] [i]

(3)

PLAN COMMISSION PUBLIC HEARING, REVIEW & DETERMINATION. (a) The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 60 days after the filing with the City Clerk of an application approved by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 Notice under the Wisconsin Statutes in the official City newspaper at least one week before the date of the hearing. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant and to the property owners of record, as shown on the current City of Baraboo Property Tax Assessment Roll, who are the owners of each tax parcel situated in whole or in part within 200 feet of the boundaries of the site. This notice shall be mailed by first class mail at least 10 days prior to the date of such public hearing to the address of the owner as shown on the current City of Baraboo Property Tax Assessment Roll for each affected tax parcel. Failure to comply with the foregoing publication and/or notice provisions or the failure of a person to receive notice shall not, however, invalidate any previous or subsequent action on the conditional use application nor shall such failure to give notice invalidate proceedings under this section providing that such failure in unintentional. (2131 12/09/03) Within 60 days after the public hearing or within any extension of said period requested in writing by the applicant and granted by the Plan Commission, the Plan Commission shall take final action on the application and the Plan Commission may approve the conditional use as originally proposed, may

(b)

approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use. (c) If the Plan Commission recommends approval (or denial) of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: 1. that the potential public benefits of the proposed conditional use outweigh (or do not outweigh) any and all potential adverse impacts of the proposed conditional use, as identified in Subsections 17.37(2)(b)2 above, after taking into consideration the proposal by the applicant.

(4)

APPEALS. (1998 01-11-2000) (a) Any action of the Plan Commission in granting or denying a conditional use permit may be appealed to the City Council if a written request for an appeal together with the required appeal fee is filed with the City Clerk within 10 days after the date of the Plan Commission’s action in granting or denying the permit. The appeal shall be stated in writing and shall state in detail the grounds for reversal or modification of the Plan Commission action and shall be signed by the conditional use applicant, or by the Zoning Administrator, or by the owners of at least twenty percent (20%) of the land area immediately adjacent extending 100 feet from the subject site, or by the owners of twenty percent (20%) or more of the land directly opposite the subject site extending 100 feet from the street frontage of such opposite land. Any action of the Plan Commission in granting or denying a conditional use permit may also be reviewed by the City Council if a written request for such review is filed with the City Clerk by a City Council member within ten (10) days after the date of the Plan Commission’s action in granting or denying the permit. No fee shall be required for a request to review filed by a City Council member under this subsection. Upon receipt of an appeal together with the required fee filed pursuant to subs.(a) above, or of a request for a review filed pursuant to subs.(b) above, the City Clerk shall submit the appeal or review request to the City Council. The City Council shall set a date and time for a public hearing thereon. Notice of the time, place and purpose of the public hearing shall be given by publication of a Class 1 notice under the Wisconsin Statutes in the official City newspaper at least one (1) week before the date of the hearing. Notice of the time, place and purpose of the public hearing shall also be sent by first class mail to the conditional use applicant, to the person(s) appealing the decision of the Plan Commission and to the property owners of record as determined under Subsection 17.37(2)(a) above, said notice to be mailed at least ten (10) days prior to the date of the public hearing. Failure to comply with the foregoing publication and/or notice provisions, or the failure of any

(b)

(c )

person to receive notice shall not invalidate the proceedings or any previous or subsequent action of the City Council on the conditional use appeal. The City Council may either affirm, affirm with modifications, or reverse, in whole or in part, the action of the Plan Commission and may finally grant or deny the application for a conditional use permit. The City Council may also remand the application to the Plan Commission for further review and determination. (5) CONDITIONS AND GUARANTEES. The following provisions shall apply to all conditional uses: (a) Conditions. Prior to the granting of any conditional use, the Plan Commission or the City Council on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operations of the conditional use as deemed necessary to promote the public health, safety, and general welfare of the community, and to secure compliance with the standards and requirements specified in Section 17.37(2) above. In all cases in which conditional uses are granted, the Plan Commission and the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with. Such conditions may include, but shall not be limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. (b) Landscaping as required by Subchapter IV. (1999 01/11/00) Type of construction. Construction commencement and completion dates. Sureties. Lighting. Fencing and noise barrier. Operational control. Hours of operation. Traffic circulation. Deed restrictions. Access restrictions. Setbacks and yards. Type of shore cover. Specified sewer disposal and water supply system. Storm water control. Planting screens. Piers and docks. Parking areas. Walkways. Snow removal and snow storage. Any other requirements necessary to fulfill the purpose and intent of this chapter.

Site Review. In making its decision, the Plan Commission or, upon appeal, the City Council shall evaluate each application and may request assistance from any source that can provide technical assistance. The Plan commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation/use.

(c)

Sloped Sites; Unsuitable Soils. Where slopes exceed 6 percent (6%) and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques: terracing, retaining walls, oversized foundations and footings, and drain tile. Conditional Uses to Comply with Other Requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards, or possibility of accident. Conditional use permits to be in writing. Each conditional use permit shall be in writing and shall specify the legal description, address and tax parcel number for the site. The permit shall describe the nature of the permission granted and the conditions and guarantees applicable to the permit. Each permit shall be signed by the chairperson of the Plan Commission, or Zoning Administrator or City Administrator, except for conditional use approvals for temporary uses. The Zoning Administrator shall assure that each permit is promptly recorded in the office of the Sauk County Register of Deeds, unless otherwise directed by the Plan Commission or City Council. No Precedent Established. The City’s approval of a requested conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use. Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of Denial, except upon proof of new material evidence, or a material change in circumstances. Termination of an Approved Conditional Use. Upon approval by the Plan Commission or, upon appeal, by the City Council, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property. Once a conditional use is granted, no Erosion Control Permit, Site Plan approval, Certificate of Occupancy, or Building Permit shall be issued for any development that does not comply with all requirements of this Ordinance. Any conditional use found not to be in compliance with the terms of this Zoning Code shall be considered in violation of this Zoning Code and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Plan Commission, or upon appeal by the City Council following the procedures outlined in Subsection 17.37(8). Time Limits on the Development of Conditional Use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by Plan Commission, or, upon appeal, by the City Council

(d)

(e)

(f)

(g)

(h)

(i)

and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this Section, “operational” shall be defined as the granting of a Certificate of Occupancy for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by City Council and shall be based upon a showing of acceptable justification (as determined by City Council). (j) Discontinuing an Approved Conditional Use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period. Change of Ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property, except where limited explicitly by the Plan Commission or City Council. Modification, alteration, or expansion of any conditional use in violation of the permit as approved without advance approval by the Plan Commission or, upon appeal, by the City Council, shall be grounds for revocation of said conditional use approval. For Bed and Breakfast land uses the granting of a conditional Use Permit shall be valid while said property is owned by the owner at time of conditional use approval. Notice to the DNR. The City Clerk shall transmit a copy of each application for a conditional use for conservancy regulations in the Shoreland-Wetland, Floodway, Floodplain, or Floodfringe to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the DNR within 10 days of the date of such decision.

(k)

(l)

(m) Uses Now Regulated as Conditional Uses which were Approved as Legal Land Uses – Permitted by Right or as Conditional Uses – Prior to the Effective Date of this Ordinance. A use now regulated as a conditional use which was approved as a legal land use – either permitted by right or as a conditional use – prior to the Effective Date of this Ordinance shall be considered as a legal conforming conditional land use so long as the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and City consideration under this Section. (n) Any non-conforming sign, whether lawful or unlawful, located on lands for which a conditional use permit is proposed shall be discontinued and removed or shall be brought into compliance with the City Sign Code, Subchapter III, as a condition of granting a conditional use permit except that a special zoning exception shall be granted for the pylon sign located at 101 South Boulevard thereby excepting this sign from the provisions of this ordinance until the completion of the reconstruction of the Broadway Street Bridge. This special zoning exception shall sunset six months after the date of the completion of the

Broadway Street Bridge reconstruction and the future treatment of this sign after the sunset date shall be determined by the Common Council, after review and recommendation of the Plan Commission. (2005 02/22/2000, 2115 04/08/03) (o) Reimbursement for Professional Consultants (2108 03/09/04) – If the City retains the services of professional consultants, including, but not limited to, planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and/or other experts to assist the City in its review of a proposed conditional use permit or special zoning exception coming before the Plan Commission and/or the Common Council, the applicant/developer may be required to reimburse the City for the costs incurred by the City to retain the services of such professional consultants and such reimbursement shall be in addition to the filing or permit fees, publication expenses, recording fees, and other fees paid by the applicant/ developer. The applicant/developer shall reimburse the City for said costs promptly upon being invoiced for the same and the City may withhold issuance of a permit or delay final approval of a permit until the said costs and fees are reimbursed to the City in full. If the costs and fees are not reimbursed to the City within thirty (30) days of the date of billing, an additional administrative collection charge of 10% of the charge shall be added to the amount due, plus interest shall accrue thereon at the rate of 1% per month until paid and such charge shall be extended upon the current or next tax roll as a charge against the subject property for current services as provided in Section 66.0627, Wis. Stats. The City may require the applicant/developer to enter into an agreement providing for the reimbursement to the City for said costs and the said agreement may require the applicant/developer to file with the City an Irrevocable Letter of Credit or other appropriate sureties meeting the approval of the City Attorney equal to the estimated cost of said services. Any applicant/developer upon whom a charge has been imposed under this subsection may appeal the amount thereof by filing a Notice of Appeal with the City Clerk within thirty (30) days of the date of the determination appealed from. The Notice of Appeal shall state in detail the relief sought and any legal or factual basis for the relief requested and shall include all supporting documentation upon which the applicant/developer relies upon in making the appeal. The burden shall be on the applicant/developer to establish the impropriety of the charge upon which the appeal has been taken. If, at the time of the filing of the Notice of Appeal the charge appealed from has been paid in full, or if the Notice of Appeal is accompanied by a bond or other sufficient surety satisfactory to the City and Attorney in an amount equal to the charge due and all other requirements have been satisfied, the permit for the development may be issued. The filing of an appeal shall not stay the collection of the charge due unless a bond or other sufficient surety has been filed. The appeal shall be submitted to the Finance Committee for its review and recommendation to the City Council and within sixty (60) days of the date of the filing of the appeal with the City Clerk, the City Council shall provide the applicant/developer with an opportunity to address the Council on the issue on appeal and the City Council shall deliberate upon the matter and shall decide the appeal. The decision of the City Council may be appealed by the applicant/developer by commencing an action by certiorari in the Sauk County Circuit Court within thirty (30) days after the date on which the Council adopted a resolution with respect to the appeal. (6) DETAILED LAND USE DEFINITIONS AND CONDITIONAL USE REQUIRE-MENTS. The following land use definitions and detailed conditional use requirements shall be applicable to all new and modified developments that contain conditional uses. Where instances of disputed land use definitions or detailed

requirements arise within the context of this Zoning Code, the provisions of this Subsection shall prevail. (a) Group Developments. Description: A group development is any development containing: 1. 2. Two or more structures containing principal permitted land uses on the same lot, and/or Any single structure devoted to institutional, office or commercial land uses containing more than 40,000 gross square feet of floor area.

Common examples of group developments include condominium complexes, strip centers, shopping centers, and office centers. One tenant office or commercial buildings containing less than 40,000 square feet of gross floor area, are not group developments even though such developments may contain parcels under common ownership. 1. 2. Permitted by Right: Not applicable. Conditional Use Regulations (All Zoning Districts): Any land use that is permitted as a Permitted by Right land use or as a conditional land use within the applicable zoning district(s) is permitted to locate within a group development. The detailed land use regulations of this Subsection that pertain to individual land uses shall also apply to individual land uses within a Group Development, as well as all other applicable provisions of this Zoning Code. Therefore, land uses permitted by right in the Zoning District shall be permitted by right within an approved Group Development (unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the Group Development as a whole), and land uses permitted as a conditional use in the Zoning District shall be permitted within the Group Development only with conditional use approval for the specific use. In all cases, the following conditional use conditions shall be applied to the Group Development as a whole, and to individual uses within the Group Development: a. All required off-street parking spaces and access drives shall be located entirely within the boundaries of the group development. No Group Development shall take access to a local residential street. The development shall contain a sufficient number of waste bins to accommodate all trash and waste generated by the land uses in a convenient manner. All development located within a group development shall be located so as to comply with the intent of this Chapter regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments shall be situated within building envelopes that serve to demonstrate complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will also ensure the facilitation of subdividing

b.

c.

group developments in the future, (if such action is so desired). d. The following standards shall apply to all new institutional, commercial, and office buildings in excess of 40,000 gross square feet and to all multi-building Group Developments in which the combined total of all structures on a site, regardless of diverse ownership, use or tenancy, combine to exceed 40,000 square feet. These conditions shall also be applied to the entire building and site in instances where building additions bring the total building size to over 40,000 gross square feet. Such conditions shall apply to both the building additions and to older portions of the building and the site that were constructed prior to the adoption of this Section. This 40,000 square foot limit shall apply to individual freestanding buildings and to Group Developments in which the combined total of all structures on a site, regardless of diverse use or tenancy, combine to more than 40,000 gross square feet: [1] Building exterior materials shall be of high quality on all sides of the structure including glass, brick, stone, decorative concrete block, architectural concrete panels, or stucco. Decorative architectural metal with concealed fasteners may be approved with special permission from the City. Building exterior design shall be unified in design and materials throughout the structure, and shall be complementary to other structures in the vicinity. However, the development shall employ varying building setbacks, height, roof, treatments, door and window openings, and other structural and decorative elements to reduce the apparent size and scale of the structure. A minimum of 20 percent of the combined facades of the structure shall employ actual façade protrusions or recesses. A minimum of 20 percent of the combined linear roof eave or parapet lines of the structure shall employ differences in height of eight feet or more. Roofs with particular slopes may be required by the City to complement existing buildings or otherwise establish a particular aesthetic objective. Mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior. Standard Corporate Trademark building designs, materials, architectural elements, and colors all shall be acceptable, as determined by the City, only as subtlety integrated into the more generic design of the building as a whole. Color schemes of all

[2]

[3]

[4]

architectural elements shall be muted, neutral, nonreflective and non-use nor tenant specific. [5] Public entryways shall be prominently indicated from the building’s exterior design, and shall be emphasized by on-site traffic flow patterns. All sides of the building that directly face or abut a public street shall have public entrances. Loading areas shall be completely screened from surrounding roads, residential, office, and commercial properties. Said screening may be through internal loading areas, screen wall which will match the building exterior in materials and design, full opaque landscaping at time of planting, or combinations of the above. Gates and fencing may be used for security purposes, but not for screening, and shall be of high aesthetic quality. Vehicle access from public streets shall be designed to accommodate peak annual 20th hour traffic volumes without disrupting traffic on public streets from inadequate throat length access drive width or design or inadequate driveway location. The impact of traffic generated by the proposed development shall be demonstrated by; a traffic impact analysis performed by the applicant’s traffic engineer to not adversely impact off site public roads, intersections, interchanges during the peak annual 20th hour. Where the project shall adversely impact off-site traffic, the City may deny the application, may require a size reduction in the proposed development, or may require off-site improvements. Parking lot design shall employ interior landscaped islands with a minimum of 400 square feet at all parking isle ends, and in addition shall provide a minimum of one landscaped island of a minimum of 400 square feet in each parking isle for every 20 cars in that aisle. Aisle-end islands shall count toward meeting this requirement. Landscaped medians shall be used to break large parking areas into distinct pods, with a maximum of 100 spaces in any one pod. A minimum of one two-hundred square foot cart return area shall be provided for every parking area pod. There shall be no exterior cart return nor cart storage areas located within twenty-five feet of the building in areas located between the building and a public street. The applicant shall demonstrate full compliance with City standards for storm water, utilities, erosion control and public safety.

[6]

[7]

[8]

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A conceptual plan for exterior signage shall be provided at time of Detailed Site Plan or GDP that provides for coordinated and complimentary exterior sign location, configurations, and colors throughout the planned development. All freestanding signage within the development shall compliment the onbuilding signage. Free-standing sign materials and design shall compliment building exterior, and may not exceed the maximum height requirement of the zoning ordinance. The entire development shall provide for full and safe pedestrian and bicycle access within the development, and shall provide appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods, including sidewalk connections to all building entrances from all public streets. The development shall provide secure bicycle parking and pedestrian furniture in appropriate quantities and locations. Where such developments are proposed to provide a new location for a business already located within the community, a required condition of approval for the new development shall be a prohibition on conditions of sale, lease, or use of the previously occupied building or site which provide limits beyond the range of applicable local, state or federal regulations. If such limits are required, the applicant may seek City approval to demolish the previously occupied structure and prepare the site for some future development. The applicant shall provide adequate evidence that the proposed development and uses cannot be adequately sited within or on existing developed properties or buildings within the community. If the City retains the services of professional consultants, including, but not limited to, planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and/or other experts to assist the City in its review of a proposed land use development application coming before the Plan Commission and/or the Common Council, the applicant/developer may be required to reimburse the City for the costs incurred by the City to retain the services of such professional consultants and such reimbursement shall be in addition to the filing or permit fees, publication expenses, recording fees, and other fees paid by the applicant/ developer. The applicant/developer shall reimburse the City for said costs promptly upon being invoiced for the same and the City may withhold issuance of a permit or delay final approval of a permit until the said costs and fees

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[14]

[15]

are reimbursed to the City in full. If the costs and fees are not reimbursed to the City within thirty (30) days of the date of billing, an additional administrative collection charge of 10% of the charge shall be added to the amount due, plus interest shall accrue thereon at the rate of 1% per month until paid and such charge shall be extended upon the current or next tax roll as a charge against the subject property for current services as provided in Section 66.0627, Wis. Stats. The City may require the applicant/developer to enter into an agreement providing for the reimbursement to the City for said costs and the said agreement may require the applicant/developer to file with the City an Irrevocable Letter of Credit or other appropriate sureties meeting the approval of the City Attorney equal to the estimated cost of said services. (1961 12/22/98). [16] Storm Water Drainage Facilities – The Development Plan shall include a storm drainage system to accommodate all water flowing through and within the development. Where the development is traversed by a watercourse, stream, drainageway, channel, or natural water course, an adequate drainageway or easement shall be required subject to the approval of the City Engineer and/or City consultants, and parallel streets or parkways may also be required in connection therewith. The development shall be designed and constructed to include storm water drainage facilities which may include curbs and gutters, catch basins, and inlets, storm sewers, road ditches, retention basins, drainageways and open channels, as may be required. All such facilities shall be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow of all water flowing through and within the development and the type of facility required, the design criteria and the size and grades shall be determined by the City Engineer and/or City consultants. Storm drainage facilities shall be so designed so as to present no hazard to life or property and the size, type, and installation of all storm water drains and sewers proposed to be constructed shall be in accordance with the plans and standards specifications approved by the city Engineer and/or City consultants. On site landscaping shall be provided in accordance with Subchapter IV, Landscaping and Bufferyard Regulations, except that building foundation landscaping and paved area landscaping shall be provided at 1.5 times the required landscaping for development in the underlying zoning district. (2000 01-11-2000)

[17]

[18]

Any non-conforming sign, whether lawful or unlawful, located on lands for which a conditional use permit is proposed shall be discontinued and removed or shall be brought into compliance with the City Sign Code, Subchapter III, as a condition of granting a conditional use permit. (2005 02-22-2000)

(7)

DISCRIMINATION AGAINST CONDOMINIUM FORMS OF OWNERSHIP. It is not the intent of this Subsection, nor any other provision of this Zone Code, to discriminate against condominium forms of ownership in any manner which conflicts with Wisconsin Statutes 703.27. As such, the provisions of this Section are designed to ensure that condominium forms of ownership are subject to the same standards and procedures of review and development as other physically identical forms of development. COMPLAINTS REGARDING CONDITIONAL USES. The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuation of any unauthorized alterations of an approved conditional use, and/or the elimination, removal or discontinuation of any violation of a condition imposed prior to or after approval or of any violation of any other provision of City Codes. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in this section, a condition of approval, or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in Subsection 17.37(3)(a). Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in this section or with the conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to enforcement provisions of Section 17.54 of the Zoning Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards set forth in this section will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use.

(8)

Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefore. An appeal from a decision of the Plan Commission under this subsection may be taken to the City Council as provided in subsection (4).


				
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