HomeMy WebLinkAbout2025 PC Handbook
Plan Commission
2025
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Contents
Purpose and Interrelationship of Community Development,
Boards and Commissions, and other Resources ………………………………….. 3-5
Ordinances and Statutes ……………………………………………………………. 6-10
Role and Responsibilities …………………………………………………………… 11-12
Guidance for Decision-Making (pages 14-56)
Annexation …………………………………………………………………………… 14
Amendments to the Comprehensive Plan ………………………………………… 15
Zoning Ordinance Text Amendment .……………………………………………... 16-17
Zoning Map Amendment (Rezoning) – Area wide ……………………………… 18-19
Zoning Map Amendment (Rezoning Request) –
individual properties or a limited identifiable group of properties .………… 20-21
Official Map Amendment …………………………………………………………… 22-24
Extraterritorial Zoning ……………………………………………………………….. 25-26
Planned Developments ……………………………………………………………… 27-28
Conditional Use Permits …………………………………………………………….. 29-31
Revocation of Conditional Use Permit …………………………………………….. 32
Architectural Reviews / Public Buildings …………………………………………. 33
Architectural Reviews / Building Design Standards ……………………………... 34-35
Special Area Design Reviews ……………………………………………………….. 36-38
Land Acquisition …………………………………………………………………….. 39
Land Disposition …………………………………………………………………….. 40
Street Dedication …………………………………………………………………….. 41
Street Vacation ……………………………………………………………………….. 42
Easements …………………………………………………………………………….. 43
Access Control Variances …………………………………………………………… 44
Review and Recommend CIP ………………………………………………………. 45
Area Plans and Studies ………………………………………………………………. 46
Review and Recommend Tax Incremental Finance District (TIF) Plans ………... 47-48
Plats / Subdivision Plats …………………………………………………………….. 49-55
Approval of Certified Survey Maps ……………………………………………….. 56
Additional Resources ………………………………………………………………... 57
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PURPOSE AND INTERRELATIONSHIP OF
COMMUNITY DEVELOPMENT, BOARDS AND
COMMISSIONS AND OTHER PLANNING RESOURCES
Within the City’s ordinances, the Community Development Department staff is assigned
to assist the Plan Commission.
Plan Commission: primarily an advisory body, that can make final decisions limited by
the terms of the zoning ordinance as adopted by the Council, and according to the terms
of state law. Plan Commission conducts detailed analysis of land use and zoning issues
through hearings and offers recommendations to the Common Council based upon the
terms of the comprehensive plan and zoning ordinance.
Community Development/Planners: Professionals with expertise in land use
issues. Assist applicants and citizens in comparing the goals of the comprehensive plan
along with the rules of the zoning ordinance with proposed developments and/or
improvements. Provide Common Council, Plan Commission, Board of Appeals and
other boards and commissions with interpretations, recommendations, and professional
advice regarding the advisability of proposals brought before the City decision makers.
Zoning Administrator: Professional with expertise relating to the City’s zoning code and
zoning issues in general. Responsible for the day to day administration of the Zoning
Code. Provides interpretations, recommendations, and professional advice regarding
issues brought before the Council, Board of Appeals and other boards or commissions.
City Council: a legislative body, it is the final decision maker on most land use and
zoning issues and is the body that makes policy for the City of Oshkosh through the
adoption of resolutions and ordinances within the authority granted to municipalities
through the Wisconsin Legislature and Home Rule provisions of the Wisconsin State
Constitution and Statutes. The Council approves the land use policies of the City through
its adoption of a comprehensive plan. It approves the land use and zoning rules of the
City through its adoption of the zoning ordinance and other municipal codes.
Board of Appeals: a decision making body. The Board of Appeals may make final
decisions limited by the terms of the zoning ordinance as adopted by the Council, and
according to the terms of state law. The Board interprets the zoning ordinance through
its review of requests to vary specific requirements, and through its review of appeals of
administrative decisions of the Community Development Department. The Board of
Appeals acts like a court – The Board applies the law to a particular set of facts just like a
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court – quasi-judicial decisions; policy development & adoption are legislative functions
reserved for the Plan Commission and the Common Council.
Landmarks Commission: primarily an advisory body, the Landmarks Commission
makes recommendations to Council on historic sites, structures and districts; supports
and promotes City’s historical, architectural and cultural heritage; provide information
on City’s heritage and on historic resources; takes action on applications for alterations
or demolition of historic structures but may only approve, approve with conditions or
delay alterations or demolition – but may not deny applications.
Public Museum, Arts and Culture Board: With regard to plan commission matters this
Board provides assistance for public art projects that utilize public funding or are located
on city property; promotes public art in the community; advises the City Manager,
Council and other boards or commissions on matters pertaining to public art and art in
public places; advises the Common Council on gifts or donations of public art pursuant
to the City Gifts and Donations Policy; and may receive and expend funds for the benefit
of protecting, supporting or promoting public art.
BID Board: The Downtown Oshkosh Business Improvement District is a geographic
district within the downtown area that has been created and assesses properties within
the district to contribute to programs and activities aimed at the promotion, management,
maintenance and development of the district. The District develops a plan each year for
programs and activities to be conducted in the next year.
Fair Housing Commission: a quasi-judicial body that receives complaints under the
City’s Antidiscrimination in Housing ordinance; reviews staff investigations of
complaints; and holds hearings on complaints and may make referrals for appropriate
enforcement actions.
Sustainability Advisory Board: an advisory board for the purpose of advising the City
Manager and Council on sustainability issues affecting municipal operations and the
community at large. The Board promotes sustainability within the community; advises
on existing and proposed legislation pertaining to sustainability; facilitates citizen and
agency input pertaining to sustainability; and collaborates on the development and
implementation of a Community Sustainability Plan.
City of Oshkosh Redevelopment Authority is an independent entity created by the City
pursuant to Wisconsin Statutes for the purpose of carrying out blight elimination and
urban renewal programs and projects. The Oshkosh Redevelopment Authority has as its
primary emphasis and focus the redevelopment and revitalization of central city areas in
the community.
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Advisory Parks Board: an advisory board assigned to the Parks Department to advise
the City Manager, City Council, Plan Commission, and parks administration regarding
parks, recreation, open spaces, forestry, municipal cemeteries, and waterways. The
Board participates in the development of Comprehensive Plans for individual parks and
the Parks Capital Improvement Program.
Transportation Committee: an advisory board assigned to the Department of
Transportation to advise and assist city staff and the Council regarding issues pertaining
to traffic flow, speed limits, bicycle and pedestrian matters, and other traffic matters. The
Traffic Review Board also advises and assists city staff and the Council regarding issues
pertaining to on-street parking, and municipal parking lots (except those serving city
facilities and parks).
Other Committees and entities: Specific issues also may occasionally involve the input
and recommendations of other City boards or commissions.
Entities independent of the City of Oshkosh -
Regional Planning Commission: a strictly advisory body created by the State of
Wisconsin §66.0309 Wis. Stats.; have the authority to conduct studies, collect and analyze
data, make and adopt plans for the physical and economic development of the region;
may provide advisory services to local governments including comprehensive planning,
economic development planning, preparation or review of proposed land use regulations,
grant writing, data collection and mapping services.
GO-HNI: Greater Oshkosh Healthy Neighborhoods Inc. (GO-HNI) is a non-profit
corporation which is independent of the City of Oshkosh but which works with the City
to promote neighborhood development services including community building and
engagement, real estate development and asset management activities within Oshkosh.
GO-EDC: Greater Oshkosh EDC is a non-profit corporation created separately and
working independently of the City of Oshkosh which exists to preserve the health of
existing companies, foster a positive entrepreneurial environment, connect companies to
workforce and talent development resources, enhance the business climate and promote
the quality of life in the greater Oshkosh area.
Neighborhood Associations: A neighborhood association is a loosely formed group of
residents and property owners within a geographically defined area within the City of
Oshkosh. While the City of Oshkosh recognizes neighborhood associations, they are not
created by and are independent of the City of Oshkosh.
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ORDINANCES
ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION
Unless specifically modified elsewhere in this Code, the following provisions shall apply
to all boards or commissions of the City of Oshkosh:
(A) Notwithstanding anything to the contrary contained within this Municipal Code,
terms for citizen members of all advisory boards, commissions and committees,
whether enumerated in this Chapter or elsewhere in this Code, shall begin on June
1 and shall terminate on May 31 of the respective year; except that the terms for
Board of Review shall begin on May 1 and shall terminate on April 30 of the
respective year. Terms for Council members shall begin upon appointment and
shall continue until new appointments are made, but shall terminate automatically
if the person no longer serves on the Council. Terms for individuals appointed by
virtue of the person’s position or title shall begin upon the person taking the
position or title and shall automatically terminate for that individual when that
person no longer holds the position or title.
(B) Except for boards and commissions specifying a particular membership by the
person’s position or title and members of the Library Board and BID Board, all
persons appointed to or serving as a member of a standing board or commission
of the City shall be residents of the City of Oshkosh. A vacancy is created
whenever a member who is required under this section to be a resident of the City
of Oshkosh ceases to be a resident of the City of Oshkosh.
(C) Individuals shall serve on no more than two (2) boards or commissions for the City
of Oshkosh.
(D) In order to provide continuity, appointments to boards and commissions shall be
made upon a staggered basis so that a proportionate share of each board or
commission is initially appointed for staggered terms and thereafter appointed for
full terms.
(E) Boards and commissions shall hold regular meetings at a regular time and place
as fixed by the board or commission. Special meetings may be called by the
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chairperson upon written notice to the members. Meetings shall be duly and
properly noticed and open to the public as provided by law.
(F) Boards and commissions shall generally be governed by such rules of order as the
Council may adopt from time to time as may be necessary for the efficient conduct
of business. Boards and commissions may, in addition to those general rules,
adopt specific rules for their governance and procedures as may be appropriate
for the conduct of business before the individual board or commission. The most
recent version of Roberts Rules of Order may be used for guidance if a matter is
not addressed within the adopted Rules of Order.
(G) Each board and commission shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official actions, all
of which shall be immediately filed with the secretary of the board or commission
or with the City Clerk and shall be public records. Minutes of the meetings shall
be forwarded to the City Council.
(H) Each board and commission shall elect from its membership a chairperson who
shall preside at all meetings and a vice chairperson who shall exercise the powers
of chairperson in the absence or disability of the chairperson. Each shall serve one-
year terms, until a successor is elected and qualified.
(I) No compensation shall be paid to any board or commission member for service as
such, but members may be reimbursed for actual and necessary expenses incurred
in performing related duties outside the City if so authorized by the board or
commission and approved by the City Manager.
(J) A majority of the membership shall constitute a quorum. A lesser number may
adjourn. A majority vote of those members present and voting shall be necessary
to adopt any motion. In the event that a board or commission member declines to
vote, except as provided below, the secretary shall record the vote as “present”
and that member shall not be counted toward the number present and shall not
have their vote counted as either “aye” or “no” in relation to the matter. In the
event that a board or commission member declines to vote and by declining to
vote, the board or commission member’s declining to vote shall reduce the number
present at the meeting to below a quorum of the board or commission, city staff
shall consider the wishes of the applicant, any statutory or ordinance time limits
and any other considerations or limitations with respect to the particular matter in
determining whether to reschedule the matter before the board or commission for
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further consideration, forward the matter to Council or take other action as may
be appropriate with regard to the matter.
(K) The Mayor, subject to Council approval, or the chairperson, subject to board or
commission approval, may establish subcommittees for specific purposes as
determined by the Council, or the board or commission. These general provisions
shall apply to all subcommittees.
(L) The Mayor, subject to Council approval, may appoint up to two (2) alternates to
any board or commission except the Police and Fire Commission, the Library
Board or as otherwise may be prohibited by law. Without regard to the length of
term for other members of the Board or Commission, the term for each alternate
member shall be two (2) years. Alternates shall be authorized to act in the place
of and shall have all authority and responsibility to act as a member of the board
or commission in the absence or upon the recusal of any regular member of the
board or commission.
(M) The Mayor, subject to Council approval, may appoint up to two youth members,
defined as persons between the ages of 15-19, to any board or commission except
the Police and Fire Commission, the Library Board or as otherwise may be
prohibited by law. Without regard to the length of term for other members of the
board or commission, the term for each youth member shall be one (1) year, or
such other term no longer than one (1) year, as may be specified within the
appointing Resolution (ex. an appointment for a semester or school year). Youth
members shall not be entitled to vote on matters but may participate in the
discussion of legislative matters before the board or commission in the same
manner as other board or commission members, but may not participate as a
member of the board or commission in quasi-judicial matters that may come
before the board or commission.
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SECTION 2-52 PLAN COMMISSION
(A) Membership and Terms
The City Plan Commission shall consist of one (1) Council person and eight (8)
citizens so that the Commission shall consist of nine (9) members. Citizen
members shall be persons of recognized experience and qualifications. The term
of the eight (8) citizen members shall be for a three (3) year term. The council
member shall serve for a term of one (1) year.
(B) Functions and Duties
The functions and duties of the Commission shall be as prescribed in Chapter 30
of this Code and in Section 62.23 of the Wisconsin Statutes. [Statutory Reference
§62.23 Wis. Stats.]
Section 30-342: Plan Commission
(A) The Plan Commission, together with its other statutory duties, shall make
recommendations relating to the planning and development of the City to the
Common Council, other public officials, and other interested organizations and
citizens. The Plan Commission is established in Chapter 2, Article VI, of the City of
Oshkosh Municipal Code.
(B) Except where they are the final step in the review process as established by this
Chapter, the functions of the Plan Commission are recommendatory to the
Common Council pursuant to guidelines set forth in this Chapter as to various
matters, and, always being mindful of the intent and purposes of this Chapter.
(C) See Figure 30-360 for a summary of the Plan Commission’s role in administering
this Chapter.
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STATUTES
§62.23 Wis Stats.
(3) Master (Comprehensive) Plan
(4) Other Plans and Development
(5) Matters referred to city plan commission. The council, or other public body or officer
of the city having final authority thereon, shall refer to the city plan commission, for its
consideration and report before final action is taken by the council, public body or
officer, the following matters:
the location and architectural design of any public building;
the location of any statue or other memorial;
the location, acceptance, extension, alteration, vacation, abandonment, change
of use, sale, acquisition of land for or lease of land for any street, alley or other
public way, park, playground, airport, area for parking vehicles, or other
memorial or public grounds;
the location, extension, abandonment or authorization for any public utility
whether publicly or privately owned;
all plats of lands in the city or within the territory over which the city is given
platting jurisdiction by ch. 236;
the location, character and extent or acquisition, leasing or sale of lands for
public or semipublic housing, slum clearance, relief of congestion, or vacation
camps for children;
the amendment or repeal of any ordinance adopted pursuant to section 62.23.
(6) Official Map and Amendments
(7) Zoning Ordinance and Amendments
(7)(de) Conditional Use Permits
(7a) Extraterritorial Zoning
66.0217 et seq. Annexations
66.0227 Detachments
66.0301 Intergovernmental Agreements (Boundary Agreements)
66.1001 Comprehensive Planning
66.1105 Tax Increment Financing (TIF) Law
66.1109 Business Improvement Districts (BID) Creation/Change of Boundaries
66.1110 Neighborhood Improvement Districts Creation/Change of Boundaries
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ROLE AND RESPONSIBILITIES
The Plan Commission performs a variety of functions related to community planning and
land use development. The Plan Commission Handbook developed by the Center for
Land Use Education of the UW Extension (referenced in the Additional Sources at the
end of this Handbook) describes five basic roles for a plan commission: Community
Planning; Plan Implementation; Public Participation and Education; Development
Review; and Referrals and Advisory Recommendations. Using that basic framework, the
Plan Commission for the City of Oshkosh performs the following functions in relation to
these roles:
Community Planning –
The Plan Commission adopts, and may adopt amendments to, add to, or extend, a
Comprehensive Plan for the development of the City. §62.23(2) Wis. Stats.
The Plan Commission may also be asked to participate in the development of or adopt
other community plans, reports or recommendations.
The Plan Commission reviews proposed new or amended zoning, subdivision
ordinances and official mapping for consistency with the Comprehensive Plan.
The Plan Commission reviews the City’s Annual Capital Improvements Budget for
consistency with the Comprehensive Plan.
Public Participation –
Under Wisconsin’s Open Meeting Law, all meetings of the Plan Commission must be
properly noticed and open to the public.
Public Hearings on certain plans or ordinances may be held before the Plan
Commission.
Adoption of the Comprehensive Plan and amendments thereto require a plan for and
the opportunity for public participation. The Plan Commission may approve of the
public participation plan and conduct certain public hearings related to the
Comprehensive Plan or other community plans.
Plan Implementation –
The Plan Commission recommends ordinances to implement the plan including
zoning ordinances, approval of subdivision plats, official mapping, planned
development reviews, etc…
The Plan Commission reviews the annual Capital Improvements Program for
consistency with the Comprehensive Plan.
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Development Review –
The Plan Commission reviews specific land use and development proposals,
including:
o Zoning and Rezoning requests
o Subdivision Plats
o Conditional Uses
o Planned Developments
o Architectural Design Variances
Referrals and Advisory Recommendations –
The following must be referred to the Plan Commission for review and
recommendation prior to consideration by the Council:
o Location and design of public buildings
o Location of statues and memorials
o Land for public purposes such as streets, parks, etc…
o Land for public housing and housing projects
o Public utilities
o Group homes
o Pedestrian malls
o Plats
o Adoption or amendment of subdivision or land division ordinances
o Amendment or repeal of any ordinance adopted under §62.23 Wis. Stats.
Legislative and Quasi-Judicial Roles. The Plan Commission operates both as a legislative
and quasi-judicial body. It is important to distinguish between these roles. Training
specific to this topic is contained within the City’s Board and Commissions Manual.
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GUIDANCE FOR DECISION-MAKING
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Annexation
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed annexations before the Council takes final action. This is
a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory References: §66.0217(8)(a) direct annexation - requires referral to Plan
Commission prior to adoption of an ordinance containing a temporary zoning
classification. §66.0223 annexation of city property.
Review of zoning classification: see Zoning Amendment for applicable standards
The Statutes and Ordinances allow the Commission to consider all relevant information.
Some considerations related to Annexations may include:
□ The proposed annexation is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed annexation will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed annexation will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Amendments to the Comprehensive Plan
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed amendments to the Comprehensive Plan before the
Council takes final action. This is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §66.1001 Wis. Stats.
Majority vote of entire commission (5 votes) required for adoption or recommendation
of amendment §66.1001(4)(b) Wis. Stats.
The Statutes and Ordinances allow the Commission to consider all relevant information.
Some considerations related to Comprehensive Plan Amendments may include:
□ The amendment will correct an error in the existing Comprehensive Plan
□ The proposed amendment is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed amendment will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed amendment will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Zoning Ordinance Text Amendment
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed zoning ordinance amendments before the Council takes
final action. These are ordinance text amendments and therefore broad in application.
They are a legislative determination and require a public hearing before the Plan
Commission.
General Procedures – Public Hearing on Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public hearing / enforce the rules of procedure
Close the public hearing
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7) Wis. Stats.
Ordinance Reference: 30-380
30-380 (F)(1) Within 60 days of the public hearing, the Plan Commission shall make its
recommendations regarding the application. Said recommendation may include a formal
finding of facts developed and approved by the Plan Commission concerning the
requirements of Subsection (D)(2) above (see requirements listed below), and whether the
public benefits outweigh any and all potential adverse impacts of the proposed
amendment.
Requirements -- whether the proposed amendment:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 .
o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
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to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes.
□ Advances the purposes of the general Article in which the amendment is proposed
to be located.
□ Advances the purposes of the specific Section in which the amendment is
proposed to be located.
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that may not be addressed in the current
zoning text:
o A change in the land market, or other factors which require a new form of
development, a new type of land use, or a new procedure to meet said
change(s).
o New methods of development or types of infrastructure.
o Changing governmental finances to meet the needs of the government in
terms of providing and affording public services.
o Any other factor deemed appropriate by the City.
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Zoning Map Amendment (Rezoning) – Area wide
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed zoning map amendments (rezoning) before the Council
takes final action. Because these are overall or area wide requests, they are legislative
determinations. Zoning Map Amendments require a public hearing before the Plan
Commission.
General Procedures – Public Hearing on Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public hearing / enforce the rules of procedure
Close the public hearing
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7) Wis. Stats.
Ordinance Reference: 30-381
30-381 (G)(1) Within 60 days of the public hearing, the Plan Commission shall make
its recommendations regarding the application. Said recommendation may include
a formal finding of facts developed and approved by the Plan Commission
concerning the requirements of Subsection (D)(2) above (See Requirements below),
and whether the public benefits outweigh any and all potential adverse impacts of
the proposed amendment.
Requirements -- whether the proposed amendment:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
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to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
The designations of the Official Zoning Map are not in conformance
with the Comprehensive Plan.
A mapping mistake was made, including the omission on the Official
Zoning Map of an approved zoning map amendment.
Factors have changed (such as new data, infrastructure, market
conditions, development, annexation, or other zoning changes),
making the subject property more appropriate for a different zoning
district.
Growth patterns or rates have changed, creating the need for an
amendment to the Official Zoning Map.
□ whether the public benefits outweigh any and all potential adverse impacts of the
proposed amendment
□ The amendment will not result in spot zoning inconsistent with surrounding
properties
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Zoning Map Amendment (Rezoning Request) – individual properties
or a limited identifiable group of properties
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed zoning map amendments (rezoning requests) before the
Council takes final action. Because individual property rights are specifically at issue,
this is a quasi-judicial determination requiring Due Process and a Public Hearing.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7) Wis. Stats.
Ordinance Reference: 30-381
30-381 (G)(1) Within 60 days of the public hearing, the Plan Commission shall make
its recommendations regarding the application. Said recommendation may include
a formal finding of facts developed and approved by the Plan Commission
concerning the requirements of Subsection (D)(2) above (See Requirements below),
and whether the public benefits outweigh any and all potential adverse impacts of
the proposed amendment.
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Requirements -- whether the proposed amendment:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
The designations of the Official Zoning Map are not in conformance
with the Comprehensive Plan.
A mapping mistake was made, including the omission on the Official
Zoning Map of an approved zoning map amendment.
Factors have changed (such as new data, infrastructure, market
conditions, development, annexation, or other zoning changes),
making the subject property more appropriate for a different zoning
district.
Growth patterns or rates have changed, creating the need for an
amendment to the Official Zoning Map.
□ whether the public benefits outweigh any and all potential adverse impacts of the
proposed amendment
□ The amendment will not result in spot zoning inconsistent with surrounding
properties
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Official Map Amendment
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed amendments to the Official Map before the Council takes
final action. Because individual property rights are specifically at issue, it is
recommended that changes to the Official Map, whether done on an area wide basis or
for specific properties, provide a Due Process Hearing. By Statute a Public Hearing is
required.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(6) Wis. Stats.
Ordinance Reference: 30-440
The Statutes and Ordinances allow the Commission to consider all relevant information.
Certain criteria and considerations related to zoning amendments and subdivisions may
be equally applicable to Official Map amendments including:
In general –
□ The amendment will correct an error in the existing map
□ The proposed amendment is generally consistent with the vision, goals,
objectives and policies contained in the Comprehensive Plan or there has been a
change in community characteristics or actions that justify a change
□ The proposed amendment will not be detrimental to property in the immediate
vicinity or to the community as a whole
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□ The proposed amendment will not have a significant adverse impact on the
ability to provide adequate public facilities or services or will improve public
facilities and services for a portion of or the community as a whole
From Section 30-381 related to Zoning Amendments –
□ whether the public benefits outweigh any and all potential adverse impacts of
the proposed amendment.
□ Whether the proposed amendment will:
protect the health, safety, morals, comfort, convenience, and general
welfare of the public;
control and lessen congestion in the streets;
secure safety from fire, panic, and other dangers;
promote adequate light and air;
to protect groundwater resources;
prevent the overcrowding of land;
avoid undue concentration of population;
preserve, protect, and promote property values;
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public facilities; and to preserve burial sites as
defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
From Section 30-442(B) Purpose related to Subdivisions –
to promote the public health, safety, and general welfare of the
community;
to lessen congestion in the streets and highways;
to further the orderly layout and appropriate use of land;
to secure safety from fire, panic
and other dangers;
to provide adequate light and air; to prevent the overcrowding of
land;
to avoid undue concentration of population, to facilitate adequate
provision for transportation, water, sewerage, schools, parks,
playgrounds, and other public requirements;
to facilitate the further division of larger tracts into smaller
parcels of land;
to ensure adequate legal description and proper survey
monumentation of subdivided land;
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to facilitate enforcement of community development standards as
set forth in the Comprehensive Plan, Zoning Ordinance, Building
Code, and Official Map of the City of Oshkosh.
From Section 30-442(M)(3) Land Suitability – Subdivision Policies related to
Subdivisions –
□ To preserve and enhance existing cities and villages, and encourage compact
balanced growth shared by, and in association with, all the region's cities and
villages.
□ To encourage the development of balanced compact communities in
Winnebago County with appropriate commercial, public services, industrial,
employment, residential, and open space land uses, meeting the needs of
present and future residents of those communities.
□ To direct new growth to those areas capable of providing a full range of
urban services and facilities.
□ To prevent scattered and noncontiguous development without discouraging
new and desirable development.
□ To ensure that new development will not be detrimental to the physical,
social, and economic well-being of residents of the City or the County.
□ To ensure that new development will be organized and timed so as to permit
urban services and facilities to be provided as economically and efficiently as
possible.
□ To discourage new developments in those areas that are premature in terms
of planning and timing for the provision of adequate public services and
facilities.
□ To preserve high quality agricultural lands for that purpose.
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Extraterritorial Zoning
Role: The Joint Extraterritorial Zoning Committee is composed of a subset of members
of the Plan Commission and the affected town. The Extraterritorial Zoning Committee is
responsible for reviewing and providing a recommendation on proposed zoning map
amendments before the Council takes final action. Note: Extraterritorial Subdivisions
are governed under Article XIII Subdivisions and follow the Subdivision process.
Because most often these cases involve individual property rights, it is recommended to
follow quasi-judicial processes and provide Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7a)
Ordinance Reference: 30-701 to 30-702
The Statutes and Ordinances allow the Commission to consider all relevant information.
Certain criteria and considerations related to zoning map amendments may be equally
applicable to Extraterritorial amendments including:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
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o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
The designations of the Official Zoning Map are not in conformance
with the Comprehensive Plan.
A mapping mistake was made, including the omission on the Official
Zoning Map of an approved zoning map amendment.
Factors have changed (such as new data, infrastructure, market
conditions, development, annexation, or other zoning changes), making
the subject property more appropriate for a different zoning district.
Growth patterns or rates have changed, creating the need for an
amendment to the Official Zoning Map.
□ whether the public benefits outweigh any and all potential adverse impacts of the
proposed amendment
□ The amendment will not result in spot zoning inconsistent with surrounding
properties
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Planned Developments
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed Planned Developments before the Council takes final
action. Because individual property rights are specifically at issue, this is a quasi-judicial
determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Ordinance Reference: Section 30-387
Three steps ---
Concept Plan (optional)
General Development Plan – Rezoning Application, if applicable (for zoning
requirements see Zoning Map Amendments)
Specific Implementation Plan
Criteria: 30-387(C)(6) The Plan Commission shall make findings with respect to the
following criteria:
□ The proposed Planned Development project is consistent with the overall purpose
and intent of this Chapter.
□ The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City to
determine such consistency.)
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□ The proposed Planned Development project would maintain the desired
relationships between land uses, land use densities and intensities, and land use
impacts in the environs of the subject site.
□ Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not
limited to public sewer and water and public roads.
□ The proposed Planned Development project will incorporate appropriate and
adequate buffers and transitions between areas of difference land uses and
development densities/intensities.
□ The proposed Planned Development project design does not detract from areas of
natural beauty surrounding the site.
□ The proposed architecture and character of the proposed Planned Development
project is compatible with adjacent/nearby development.
□ The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development
in the area.
□ The proposed Planned Development project will produce significant benefits in
terms of environmental design and significant alternative approaches to
addressing development performance that relate to and more than compensate for
any requested exceptions/base standard modifications variation of any standard
or regulation of this Chapter.
□ For Planned Development projects that are proposed to be developed in phases,
the applicant can provide a timeline for development and can demonstrate that
the project would be successful even if all phases were not or could not be
completed.
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Conditional Use Permits
Role: The Plan Commission is responsible for reviewing and providing a recommendation
on proposed Conditional Use Permits before the Council takes final action. Because
individual property rights are specifically at issue, this is a quasi-judicial determination and
requires Due Process. Wisconsin Statutes require a Public Hearing.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7)(de)(2) conditional uses.
If an applicant for a conditional use permit meets or agrees to meet all of the
requirements and conditions specified in the city ordinance or those imposed by the city
zoning board, the city shall grant the conditional use permit.
Any condition imposed must be related to the purpose of the ordinance and be based on
substantial evidence. The requirements and conditions must be reasonable and, to the
extent practicable, measurable and may include conditions such as the permit's
duration, transfer, or renewal.
The applicant must demonstrate that the application and all requirements and
conditions established by the city relating to the conditional use are or shall be satisfied,
both of which must be supported by substantial evidence.
The city's decision to approve or deny the permit must be supported by substantial
evidence.
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Substantial evidence means facts and information, other than merely personal
preferences or speculation, directly pertaining to the requirements and conditions an
applicant must meet to obtain a conditional use permit and that reasonable persons
would accept in support of a conclusion.
Once granted, a conditional use permit shall remain in effect as long as the conditions
upon which the permit was issued are followed, but the city may impose conditions
such as the permit's duration, transfer, or renewal, in addition to any other conditions
specified in the zoning ordinance or by the city zoning board.
Ordinance Reference: 30-382
30-382(H)(2) …. The Plan Commission may recommend the conditional use with
modifications and/or conditions, or may recommend denial of the proposed conditional
use. Said action shall be followed by a written report which may include a formal finding
of facts developed and approved by the Plan Commission concerning the request. Said
report shall be forwarded to the Common Council for its review and action on the
proposed conditional use.
30-382(H)(3) If the Plan Commission wishes to recommend significant changes in the
proposed conditional use, then the procedure set forth in Section 62.23(7)(d) of the
Wisconsin Statutes shall be followed prior to Plan Commission action.
Criteria: Section 30-382(F)(3)
□ A proposed conditional use may 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, or the community as a
whole.
whether the proposed conditional use:
□ Is in harmony with the Comprehensive Plan.
□ Would 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.
□ Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
□ The 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 or private agencies serving the subject property.
□ The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant’s proposal and any
requirements recommended by the applicant to ameliorate such impacts.
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Section 30-382(S) Limited Conditional Uses
A limited conditional use is any development, activity or operation for which a conditional
use permit has been approved that is limited to a specific operator or property owner, or to
a specific date or event upon which the conditional use permit either expires or is required
to be reviewed and reapproved. The Plan Commission may require any proposed
conditional use request to be a limited conditional use. The Plan Commission shall specify
which of the following characteristics are present that create the need for the limited
conditional use:
i. A particular aspect of the specific land use.
ii. A particular aspect of the proposed operation (including, but not limited to,
operating hours).
iii. A particular aspect of the proposed location.
iv. A particular aspect of the proposed site design.
v. A particular aspect of the adjacent property or of the surrounding environs.
vi. Any other reason(s) the Plan Commission deems specially relevant and material.
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Revocation of Conditional Use Permit
Role: The Plan Commission is responsible for hearing proposed Revocations of
Conditional Use Permits and making a final determination on whether to revoke a
Conditional Use Permit. Because individual property rights are specifically at issue, this
is a quasi-judicial determination and requires Due Process.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Direct Staff to formally notify the applicant of the Commission’s Decision
Statutory Reference: §62.23(7)(de)(2) conditional uses.
Ordinance Reference: 30-382
30-382(L) Revocation of an Approved Conditional Use.
Revocations are initiated by the City reviewing the previously submitted application,
conditional use permit and current condition of the property and serving the property
owner with a notice to consider revocation. The notice must provide written findings
of fact related to the criteria from section 30-382(F)(3) listed above.
The Plan Commission may revoke a Conditional Use Permit upon vote of a majority
of the Plan Commission (Note: the ordinance requires a majority of the membership
of the Commission or 5 members – not a majority of those present and voting.)
Criteria: A proposed conditional use may be revoked for failing to comply with the
conditions of issuance.
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Architectural Reviews / Public Buildings
Role: The Plan Commission is responsible for reviewing the location and architectural
design of proposed public buildings. Similar to private building architectural review, the
Plan Commission may look at materials, type of construction, bulk, scale, height and may
consider materials or construction of comparable quality or design for granting variances
from the strict application of the building design standards where they may be applicable
in a particular location. This is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings (with amendments
as appropriate), second, discussion, vote
Statutory Reference: 62.23(5)
Criteria: The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to location may include:
□ The proposed location is generally consistent with the vision, goals, objectives and
policies contained in the Comprehensive Plan
□ The proposed location will not be detrimental to property in the immediate
vicinity or to the community as a whole
□ The proposed location will not have a significant adverse impact on the ability to
provide adequate public facilities or services or will improve public facilities and
services for a portion of or the community as a whole
Some Considerations related to Architectural Review may include:
□ Whether the proposed architectural design complies with zoning
requirements within the area of the proposed building or structure.
□ Minimizing adverse impacts on adjacent properties and neighborhoods
resulting from architectural and building construction practices that may
detract from the character and appearance of the area as a whole, and to
ensuring compatible design between existing and new buildings.
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Architectural Reviews / Building Design Standards
Role: The Plan Commission is responsible for hearing appeals from determinations of
the Director of Community Development regarding substitute building materials or
construction of comparable quality or design and for granting variances from the strict
application of the building design standards. Because individual property rights are
specifically at issue, this is a quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings (with amendments
as appropriate), second, discussion, vote
Ordinance Reference: Section 30-240(B)(4) the Plan Commission is authorized to grant
variances from the strict application of the building design standards when the
Commission finds that the intent of the standards has been incorrectly interpreted, that
the standards do not apply or that enforcement of the standards causes an unnecessary
hardship.
The Plan Commission may hear appeals from the decision of the Director of Community
Development regarding substitution of materials or construction of comparable quality
or design when it is infeasible to meet the design standards and the granting of the
exception is in keeping with the purposes of the Design Standards section.
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Criteria: When granting variances under this section, the Plan Commission shall follow
the same procedure as the Board of Zoning Appeals for granting variances and use the
same criteria for granting of variances. Section 30-240(B)(4)(c) adopting Section 30-411.
□ The variance will not be contrary to the public interest.
□ Substantial justice will be done by granting the variance.
□ The variance is needed so that the spirit of the ordinance is observed.
□ “Maintain the basic architectural quality of residences within the community, to minimize
adverse impacts on adjacent properties and neighborhoods resulting from architectural and
building construction practices that may detract from the character and appearance of the
neighborhood as a whole, and to ensure compatible design between existing and new
homes”.
□ Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
□ The variance will not allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic structure.
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Special Area Design Reviews
Role: The Plan Commission is responsible for hearing appeals from determinations of
the Director of Community Development and for granting variances from the strict
application of the Design Review Ordinance for certain specially designated areas
including the area zoned as Central City Mixed Use (CMU) and Riverfront Overlay
District (RF-O). Because individual property rights are specifically at issue, this is a quasi-
judicial determination and requires Due Process.
This process may involve three general types of review:
Project Review: Applications which involve modification to the physical configuration
of a property (such as the erection of a new building or the demolition of an existing
building) are subject to Project Review by the Director of Community Development, or
designee, the Plan Commission and Common Council.
Design Alteration Review: Applications which involve a change only in the exterior
appearance of a nonresidential or multi-family property (such as painting, roofing,
siding, architectural component substitution, fencing, paving, or signage), are considered
Design Alteration Review and are subject to review and approval by the Director of
Community Development, or designee.
Renovation Review: Applications which involve only a renovation of the exterior
appearance of a property (such as repainting, re-roofing, residing or replacing with
identical colors, finishes, and materials), as determined by the Director of Community
Development, or designee, are considered a Renovation Review and may proceed with
the project; no additional processes are required other than a building permit.
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General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission when required by ordinance (with amendments as
appropriate), second, discussion, vote
Forward recommendation to Council, when required by ordinance
Ordinance References: 30-240(B)(4); CMU 30-245(A); RF-O 30-245(B)
Section 30-240(B)(4) the Plan Commission is authorized to grant variances from the strict
application of the building design standards when it is claimed that the intent of the
standards has been incorrectly interpreted, that the standards do not apply or that
enforcement of the standards causes an unnecessary hardship.
The Plan Commission may hear appeals from the decision of the Director of Community
Development regarding substitution of materials or construction of comparable quality
or design when it is infeasible to meet the design standards and the granting of the
exception is in keeping with the purposes of the Design Standards section.
Criteria: When granting variances under this section, the Plan Commission shall follow
the same procedure as the Board of Zoning Appeals for granting variances and use the
same criteria for granting of variances. Section 30-240(B)(4)(c) adopting Section 30-411.
□ The variance will not be contrary to the public interest.
□ Substantial justice will be done by granting the variance.
□ The variance is needed so that the spirit of the ordinance is observed.
□ “Maintain the basic architectural quality of residences within the community, to minimize
adverse impacts on adjacent properties and neighborhoods resulting from architectural and
building construction practices that may detract from the character and appearance of the
38 | P a g e
neighborhood as a whole, and to ensure compatible design between existing and new
homes”.
□ Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
□ The variance will not allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic structure.
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Land Acquisition
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed land acquisition before the Council takes final action. This
is a quasi-judicial determination.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Call for any public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wis. Stats. Matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to land acquisition may include:
□ The proposed acquisition is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed acquisition will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed acquisition will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Land Disposition
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed land disposition before the Council takes final action. This
is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wis. Stats. Matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to land dispositions may include:
□ The proposed disposition is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed disposition of public land will not be detrimental to or will enhance
the use of property in the immediate vicinity or the community as a whole
□ The proposed disposition will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Street Dedication
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed street dedication before the Council takes final action.
This is a quasi-judicial determination.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Call for any public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wis. Stats. Matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to street dedications may include:
□ The proposed dedication is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed dedication will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed dedication will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Street Vacation
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed street vacations before the Council takes final action. This
is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §66.1003 Wis. Stats Wis. Stats.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to street vacations may include:
□ The proposed street vacation is generally consistent with the vision, goals,
objectives and policies contained in the Comprehensive Plan or there has been a
change in community characteristics or actions that justify a change
□ The proposed street vacation will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed street vacation will not have a significant adverse impact on the
ability to provide adequate public facilities or services or will improve public
facilities and services for a portion of or the community as a whole
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Easements
Role: The Plan Commission is responsible for reviewing and providing a recommendation
on proposed easements before the Council takes final action. Because individual property
rights are specifically at issue, this is a quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wisconsin Statutes – matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant information.
Some considerations related to proposed easements may include:
□ The proposed easement is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed easement will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed easement will not have a significant adverse impact on the ability to
provide adequate public facilities or services or will improve public facilities and
services for a portion of or the community as a whole
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Access Control Variances
Role: The Plan Commission is responsible for granting variances to the municipal code
provisions for driveway standards and access. Because individual property rights are
specifically at issue, this is a quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and recommendation
of the Commission (with amendments as appropriate), second, discussion, vote
Forward recommendation to Council
Ordinance Reference: Section 25-104.2
Standards:
The Plan Commission is authorized to grant in writing, variances from the strict application
of driveway conditions and criteria provided it is determined that the following conditions
are present:
(1) The exception or variance desired arises from peculiar physical conditions not
ordinarily existing in similar districts in the city, or is due to the nature of the business
or operation on the abutting property.
(2) That the granting of the permit for the exception or variance will not adversely affect
the rights of adjacent property owners or tenants.
(3) That exception or variance desired is not against the public interest, particularly safety,
convenience and general welfare.
(4) That the strict application of the terms of this chapter will impose unnecessary
hardship on the property owner or tenant.
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Review and Recommend CIP
Role: The Plan Commission is responsible to review and make a recommendation to the
Common Council relative to whether the City’s proposed Capital Improvements
Program (CIP) is consistent with the City’s Comprehensive Plan and other plans as
applicable. This is a legislative action.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(4) the Plan Commission may recommend to the mayor or
council, programs for public improvements and the financing thereof.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations may include:
□ Whether the proposed CIP is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan
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Area Plans and Studies
Role: The Plan Commission is responsible to review and make a recommendation to the
Common Council relative to certain Area Plans and Studies. This is a legislative action.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(4)
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations may include:
□ Whether the Plan or Study and its recommendations or conclusions are generally
consistent with the vision, goals, objectives and policies contained in the
Comprehensive Plan and any other applicable plans or directives.
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Review and Recommend Tax Incremental Finance District (TIF) Plans
Role: By statute, the Plan Commission must hold a public hearing to allow interested
persons a reasonable opportunity to express their views on the proposed creation and
boundaries of a tax incremental district and the proposed district plan. The Plan
Commission must also designate the boundaries of the TIF District and adopt the Project
Plan, both for submission to the Council and Joint Review Board for final action. This is
a legislative action.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §66.1105(4)(e)
Criteria:
□ Designate the boundaries
□ Finding that the plan is feasible and in conformity with the City’s
Comprehensive Plan
Council will be required to make the following findings, which the Plan Commission
may make recommendation on:
□ Not less than 50 percent, by area, of the real property within the district is at least
one of the following: a blighted area; in need of rehabilitation or conservation
work, as defined in s. 66.1337 (2m) (a); suitable for industrial sites within the
meaning of s. 66.1101 and has been zoned for industrial use; or suitable for
mixed-use development.
□ The improvement of the area is likely to enhance significantly the value of
substantially all of the other real property in the district.
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□ The project costs relate directly to eliminating blight, directly serve to rehabilitate
or conserve the area or directly serve to promote industrial or mixed-use
development, consistent with the purpose for which the tax incremental district
is created.
□ the equalized value of taxable property of the district plus the value increment of
all existing districts does not exceed 12 percent of the total equalized value of
taxable property within the city.
□ If the district is declared to be an industrial district, confirms that any real
property within the district that is found suitable for industrial sites and is zoned
for industrial use will remain zoned for industrial use for the life of the tax
incremental district.
□ that the district is a blighted area district, a rehabilitation or conservation district,
an industrial district, or a mixed-use district based on the identification and
classification of the property included within the district (may be based on which
classification is predominant with regard to the area).
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Plats / Subdivision Plats
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed Land Divisions and Subdivision Plats before the Council
takes final action. Because individual property rights are specifically at issue, this is a
quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: Chapter 236 Wis. Stats.
Ordinance Reference: Chapter 30, Article XIII. Subdivisions
Criteria:
Section 30-442(M) Land Suitability
(1) No land shall be subdivided which is judged by the Plan Commission to be
unsuitable for use by reason of flooding, inadequate drainage, adverse soil or rock
formation, unfavorable topography, or any other feature likely to be harmful to
the health, safety, or welfare of future residents or land owners in the proposed
subdivision or of the community.
The City Plan Commission, in applying the provisions of this Ordinance, shall in
writing recite the particular facts upon which it bases its conclusion that the land
is not suitable for the proposed use, and afford the subdivider an opportunity to
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present evidence regarding such unsuitability, if he so desires. Thereafter, the City
Plan Commission may affirm, modify, or withdraw its determination of
unsuitability.
(2) In the case of land divisions and platted subdivisions, lot sizes shall conform to
the area and width requirements prescribed for the zoning district in which the
property is located, provided that in commercial and industrial districts lotting
shall be to widths and areas deemed by the City Plan Commission to be
appropriate for the prescribed use.
(3) Subdivision Policies. The City of Oshkosh subscribes to the policy that urbanizing
land should desirably be located in a compact manner within an existing city or
village where a basic range of urban services and facilities will be available.
Subdivisions shall conform to the following policies:
a) To preserve and enhance existing cities and villages, and encourage compact
balanced growth shared by, and in association with, all the region's cities and
villages.
b) To encourage the development of balanced compact communities in
Winnebago County with appropriate commercial, public services,
industrial, employment, residential, and open space land uses, meeting the
needs of present and future residents of those communities.
c) To direct new growth to those areas capable of providing a full range of
urban services and facilities.
d) To prevent scattered and noncontiguous development without discouraging
new and desirable development.
e) To ensure that new development will not be detrimental to the physical,
social, and economic well-being of residents of the City or the County.
f) To ensure that new development will be organized and timed so as to permit
urban services and facilities to be provided as economically and efficiently
as possible.
g) To discourage new developments in those areas that are premature in terms
of planning and timing for the provision of adequate public services and
facilities.
h) To preserve high quality agricultural lands for that purpose.
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Subdivision Criteria
a) A preliminary plat or final plat of any subdivision shall not be approved unless
the City Plan Commission and Common Council determine that adequate
public facilities and public services are available to support and service the area
of the proposed subdivision.
b) A preliminary plat of a land division shall not be approved unless the Plan
Commission determines that adequate public facilities and public services
are available to support and service the area of the proposed land division.
c) In considering the questions of adequacy of public facilities and public services
as set forth hereinabove, the Plan Commission and Common Council shall
consider, but not be limited to:
(i) The nature, extent and size of the proposed subdivision and its impact
in terms of the estimated increase in population expected to result; and
(ii) The present or projected state of development likely to result when said
subdivision is developed in context with projected densities, as
anticipated by adopted area Comprehensive Plans, and currently
approved subdivisions in the surrounding area and the immediate
vicinity of the proposed subdivision; and
(iii) The avoidance of expenditures of public funds necessitated by the
proposed subdivision which are not in adopted capital or operating
budgets.
d) For subdivisions in the City of Oshkosh, the applicant shall furnish data as may
be requested by the Director of Community Development, or designee, who
will coordinate statements of adequacy for transportation, storm sewer
and/or storm drainage facilities, sanitary sewer, water service, fire and police
protection, parks, open space, recreation, and school facilities for the Plan
Commission and Common Council.
e) For subdivisions in the extraterritorial area, the applicant shall include with
the application for subdivision approval a statement evaluating and
demonstrating compliance with the provisions of this Section to be reviewed
by City Departments and forwarding, with appropriate comments, to the
Plan Commission and Common Council.
f) Public facilities and public services may be determined adequate for a
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proposed subdivision when the following conditions are found to exist:
(i) The proposed subdivision shall be deemed adequately accessible via
roads and public transportation facilities if any of the following
conditions are present:
(aa) Existing roads are adequate to accommodate the traffic that would
be generated by the subject subdivision in addition to existing
traffic, and are publicly maintained all weather roads; or
(bb) Such additional roads or road improvements necessary in
combination with existing roads to accommodate the additional
traffic that would be generated by the subject subdivision are
budgeted in the current adopted budget for construction with
public or private financing.
(ii) The proposed subdivision shall be determined to have adequate storm
sewer and/or storm drainage facilities when the City Engineer certifies
to the Plan Commission and Common Council that adequate funds,
either public or private, are available to assure the installation of storm
sewers and/or storm drainage facilities meeting the standards of the
Department of Public Works, or are comparable to those established by
the Department of Public Works for storm sewer and/or storm drainage
facilities.
(iii) The proposed subdivision shall be determined to have adequate
sanitary sewerage facilities if located within an area in which main line
interceptor sewer service is presently available, under construction, or
designated by the Common Council or other local unit of government
for extension of sewer service within the current capital budget year,
and funds are specifically provided for such extension either from
public or private financing. In its determination of the adequacy of
sewerage service, the Plan Commission and Common Council shall
consider the recommendation of the City Engineer, the capacity of
trunk lines and sewerage treatment facilities and any other information
presented.
(iv) In its determination of the adequacy of water service, the Plan
Commission and Common Council shall consider the recommendation
of the Department of Public Works, the capacity of distribution lines,
water sources, water storage facilities, and any other information
presented.
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(v) The proposed subdivision shall be deemed to have adequate fire
protection and police service when it can be demonstrated that fire and
police services are so situated that adequate and timely service can be
provided so as not to involve danger or injury to health, safety, or
general welfare to the future residents of the proposed subdivision.
In its determination of the adequacy of fire and police services, the Plan
Commission and Common Council shall consider the
recommendations of the Oshkosh Police and Fire Departments or other
local departments providing such services in the area of the proposed
subdivision, including the grading of the Fire Department serving the
area based on the American Insurance Association.
(vi) The proposed subdivision shall be deemed to have adequate parks,
open space and recreation when it can be demonstrated that the future
residents of the proposed subdivision will have such park, open space
and recreation services and facilities available to them, as are
established by the standards in the most recently adopted
Comprehensive Park and Recreation Plan for the City of Oshkosh.
(vii) The proposed subdivision shall be deemed to have adequate school
facilities when the school district in which such proposed subdivision
will be located upon its development, provides information that
adequate classroom space is either available within the normal walk in
service area, or that adequate transportation as normally provided by
the school district can be provided to elementary through high schools
that have sufficient classroom space to provide for the anticipated
school age children in the proposed subdivision.
(viii) Where the Plan Commission and Common Council determine that one
or more public facilities or public services are not adequate for the full
development proposed, but that a portion of the area could be served
adequately, or careful phasing of the development could result in all
public facilities or public services being adequate, conditional approval
may include only such portions or may specify phasing of the
development.
(2) Land Division Criteria
a) Agricultural Land Division. The Plan Commission may grant approval of a
land division subdividing portions of agricultural lands within the corporate
limits of the City of Oshkosh or within the extraterritorial plat approval
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jurisdiction, provided the Commission determines the proposed land
division will assist and assure the continuation of the agricultural use.
b) Nonagricultural Land Division. In the case of nonagricultural lands, the Plan
Commission may grant approval of a land division within the corporate
limits of the City of Oshkosh or within the extraterritorial plat approval
jurisdiction, provided the Commission determines the proposed land
division complies with each of the following criteria:
(i) The proposed land division shall be compatible with adjacent land
uses and shall maintain the general land use pattern of the area in
question.
(ii) The proposed land division shall result in a development pattern which
is compatible with surrounding developments and land uses.
Measures of compatibility shall consider lot sizes, traffic generation,
access, noise and visual features.
(iii) The proposed land division and resulting development shall not
demonstrably adversely affect the City's ability to provide public
services, install public improvements or accomplish future annexations.
The Plan Commission may consider annexation agreements with the
property owner in order to comply with this requirement. The Plan
Commission may also consider whether the City and Town(s) have
reached an agreement on necessary public improvements and public
service facilities required to serve the development.
(iv) The proposed land division shall represent infilling of vacant land.
Infilling is defined as a land division which will accommodate the
development of vacant land located such that surrounding existing
land uses render the land impractical for any but similar uses.
(v) If the Plan Commission finds that adequate public facilities and public
services are not available to support and serve the area of the proposed
land division, the land division shall be referred to the Common
Council for a final determination.
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30-443 Preliminary Plat –
(B)(6)(c)-(e) The Secretary of the Plan Commission shall transmit copies of the
preliminary plat to the Department of Public Works, and all affected boards, commissions,
or departments, for their review and recommendations concerning matters within their
jurisdiction. The preliminary plat shall be reviewed by the Plan Commission and its staff
for conformance with this Ordinance and all Ordinances, rules, regulations,
Comprehensive Plans and Comprehensive Plan components which affect it.
Approval or conditional approval of a preliminary plat is deemed an expression of
approval or conditional approval of the layout submitted as a guide to the preparation of
the final plat, which will be subject to further consideration by the Common Council.
30-443 Final Plat
(C)(5) The City Plan Commission shall examine the final plat as to its conformance with
the approved preliminary plat, conditions of approval of the preliminary plat, this
Ordinance and all ordinances, rules, regulations, Comprehensive Plans and
Comprehensive Plan components which may affect it, and shall recommend approval,
conditional approval, or rejection of the final plat to the Common Council.
The final plat may, if permitted by the Common Council after review and
recommendation by the City Plan Commission, constitute only that portion of the
approved preliminary plat which the subdivider proposes to record at that time.
The Plan Commission shall transmit the plat, together with its recommendations to the
Common Council within thirty (30) days of the date of filing of the final plat with the City
Clerk. The Council shall approve or reject the final plat within sixty (60) days of its
submission to the City Clerk, unless the time is extended by mutual agreement with the
subdivider. Reasons for rejection shall be in writing and forwarded to the subdivider.
Failure of the Common Council to act within sixty (60) days (and the time period not
having been extended, and no unsatisfied objections having been filed), shall constitute
approval of the final plat.
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Approval of Certified Survey Maps / CSM
Role: The Plan Commission is responsible for reviewing and approval of certified survey
maps. The Plan Commission is responsible for final action on CSM’s. Because individual
property rights are specifically at issue, this is a quasi-judicial determination and requires
Due Process.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings (with amendments
as appropriate), second, discussion, vote
Statutory Reference: Chapter 236 Wis. Stats.
Ordinance Reference:
30-443(D)(3) Within thirty (30) days of receiving copies of the Certified Survey Map of
the land division, the Plan Commission shall take action to approve, approve
conditionally, or reject such map, and shall state in writing any conditions of approval or
reasons for rejection, unless time is extended by mutual agreement with the subdivider.
The Secretary of the Plan Commission shall certify on the face of the Certified Survey
Map the Plan Commission's approval and return the map to the subdivider.
Criteria: ordinance specifies that CSM’s must include all information required on a
preliminary plat under section 30-443(D)(2) and by 236.34 of the Wisconsin Statutes.
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ADDITIONAL RESOURCES
State of Wisconsin
www.wisconsin.gov
League of Wisconsin Municipalities
www.lwm-info.org
The League offers a number of useful handbooks and publications including a general
Handbook for Wisconsin Municipal Officials
UW – Extensions Local Government Center
www.lgc.uwex.edu