Description: The way in which a land use occupies a lot has a direct effect on the overall functionality of the site, the extent to which the land use can be expanded on the site in the future, effects of the land use on nearby properties, and impacts on existing and anticipated public and private infrastructure. This division describes the requirements and procedures for reviewing site plans. Those land uses designated as requiring site plan review in the land-use matrix (Exhibit 8-1) must comply with the requirements in the proedures and requirements in Division 4 of Article 7.

Initiation: The owner of the subject property may submit an application for a site plan.

Decision-maker(s): In mixed-use waterfront zoning district the Plan Commission makes a recommendation and the Common Council makes the final decision; in all other zoning districts the Plan Commission makes the final decision

Application fee: $50

Submittal deadline: 2 weeks before Plan Commission meeting

Basis of decision: 

1. Effects of the project on traffic safety and efficiency and pedestrian circulation, both on-site and off-site;
2. Effects of the project on the natural environment;
3. Effects of the project on surrounding properties;
4. Compliance with the general site design principles enumerated in s. 8-163;
5. Compliance with the design principles for parking lots enumerated in s. 17-__;
6. Compliance with other applicable requirements contained in this chapter; and
7. Any other factor that relates to the purposes of this chapter as set forth in s. 1-5 or as allowed by state law.

Procedure:
   (a) All zoning districts except MUW district

1. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
2. Staff review. Within 30 days of submittal, the zoning administrator shall either place the matter on the agenda for the meeting at which the matter will be considered allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
3. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The zoning administrator shall also provide a copy to interested people upon request.
4. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
5. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
6. Decision. The Plan Commission shall (1) approve the site plan, (2) approve the site plan with conditions, or (3) deny the site plan. The Plan Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the public meeting unless the applicant agrees to an extension of a specified duration.
7. Preparation of decision notice. Based on the action of the Plan Commission, the zoning administrator shall prepare a decision notice consistent with this division.
8. Applicant notification. Within a reasonable time following the Plan Commission’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
9. Acceptance by property owner. If the application is approved, the property owner shall sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
10. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

   (b) Mixed-Use Waterfront zoning district. The general steps outlined below shall be used in the review of a site plan application in the Mixed-Use Waterfront (MUW) district.

1. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
2. Staff review. Within 30 days of submittal, the zoning administrator shall either place the matter on the agenda for the meeting at which the matter will be considered allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
3. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The zoning administrator shall also provide a copy to interested people upon request.
4. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
5. Plan Commission meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
6. Recommendation. After considering all of the information submitted by the applicant and the staff report, the Plan Commission shall make a recommendation to the Common Council based on the decision criteria contained in this division to (1) approve the site plan, (2) approve the site plan with conditions, or (3) deny the site plan. The Plan Commission may render its recommendation at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the initial meeting unless the applicant agrees to an extension of a specified duration.
7. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
8. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
9. Decision. After considering all of the information submitted by the applicant, the staff report, and the Plan Commission’s recommendation, the Common Council shall (1) approve the site plan, (2) approve the site plan with conditions, or (3) deny the site plan.
10. Preparation of decision notice. Based on the action of the Common Council, the zoning administrator shall prepare a decision notice consistent with this division.
11. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
12. Acceptance by property owner. If the application is approved, the property owner shall sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
13. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

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