Zoning Code | Procedures - Building, Site Plan, Plan of Operation

Description: Because certain land uses have the potential to negatively affect properties in the area they must be reviewed with regard to the layout of such use, design of buildings, and operational characteristics of such use. 

Application fee: Contact the Town Clerk for the appropriate amount

Submittal deadline: The zoning administrator must determine the application is complete and ready for review at least 4 weeks before the Plan Commission meeting, which is typically held the first Monday of the month.

Decision-maker(s): Plan Commission

Basis of decision: The Plan Commission in making its decision shall consider the following factors:
  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, including operational considerations relating to hours or operation and creation of potential nuisances;
  4. compliance with the site design principles and architectural standards enumerated in Division 8 of Article 7;
  5. compliance with other applicable requirements contained in this chapter; and
  6. any other factor that relates to the purposes of this chapter as set forth in s. 500.05 of the zoning code or as allowed by state law.

Reveiw process:
  1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the zoning administrator to review applicable regulations and procedures and the proposal.
  2. 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 Town Board.
  3. Staff review. Within 10 days of receiving the application and other required materials, 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 in writing of the deficiencies that the applicant has 3 months from the date of such determination to resubmit the application or forfeit the application fee, if any. 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.
  4. 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.
  5. General notice. Consistent with Division 2 of Article 5, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
  6. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
  7. Decision. The Plan Commission shall (i) approve the application, (ii) approve the application with conditions, or (iii) deny the application. 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 hearing unless the applicant agrees to an extension of a specified duration.
  8. Preparation of decision notice. Based on the action of the Plan Commission, the zoning administrator shall prepare a decision notice consistent with this division.
  9. 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.
  10. Acceptance by property owner required. If an approval includes one or more condition of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions 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 town clerk requesting an extension and the Town Board 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 town. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk.
  11. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.