Description: The zoning administrator is authorized to designate certain existing accessory buildings as a “rural accessory building” in those zoning districts listed in Exhibit 8-1 of the zoning code. If a building is so designated, it is not counted towards the allowable number of accessory buildings permitted on a lot or towards the allowable building square footage permitted on a lot. The procedures and requirements are found in Division 17 of Article 7.

Initiation: The owner of the subject property may submit an application for a rural accessory building determination.

Application fee: None

Submittal deadline: Applications can be submitted daily

Basis of decision: In making its decision, the zoning administrator and the Common Council on appeal shall initially determine whether the building meets at least one of the following criteria:

1. The building is set apart from other buildings as being distinct, due to its construction technique, construction materials, age, local historic significance, or design.
2. The building is characteristic of past agricultural practices or rural life, whether presently utilized or not for agricultural practice.
3. The building is associated with a person of historic significance or with important historical events.
4. The building represents a notable work of a master builder, designer, or architect who influenced their age.

If the zoning administrator or the Common Council on appeal determines that the building meets one of the above criteria, the following factors shall be considered in making the final decision:

1. effects of the building on the natural environment,
2. effects of the building on surrounding properties,
3. the overall appearance of the building, and
4. any other factor that relates to the purposes of this chapter as set forth in s. 1-5 or as allowed by state law.

No building shall be designated a rural accessory building if it is not structurally sound to meet minimum safety requirements for the proposed use, as determined by the city building inspector, provided that such determination shall not relieve the property owner of any responsibility or liability as to the building and shall not form a basis of liability against the building inspector or any other governmental official or entity.

Procedure:
   (a) Initial review. The general steps outlined below shall be used in the review of a rural accessory building determination application.

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 determine that the application is incomplete and notify the applicant, in writing, of any deficiencies or make a decision based on the decision criteria contained in this division to (1) approve the application, (2) approve the application with conditions, or (3) deny the application. 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. Applicant notification. Within a reasonable time following his or her decision to approve or deny the application, the zoning administrator shall mail the decision notice to the applicant by regular mail.
4. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

   (b) Review by Common Council upon appeal. If a decision of the zoning administrator is appealed, the general steps outlined below shall be used to render an interpretation.

1. Submittal of application materials. The zoning administrator shall forward the application and other required materials the applicant initially submitted to the Common Council along with the decision notice.
2. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
3. Meeting. Allowing for proper notice, Common Council shall consider the application at a regular or special meeting.
4. Decision. The Common Council shall (1) approve the application, (2) approve the application with conditions, or (3) deny the application. The Common Council 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 date of the initial meeting unless the applicant agrees to an extension of a specified duration.
5. Preparation of decision notice. Based on the action of the Common Council, the zoning administrator shall within 15 days of such decision prepare a decision notice consistent with this division.
6. Applicant notification. Within a reasonable time following the Common Council’s decision, the administrator shall mail the decision notice to the applicant by regular mail.
7. 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.
8. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

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