Page 1 of 1 Ad Hoc Zoning Process Committee

Agenda has been posted and distributed in accordance with Wisconsin State Statutes. A quorum of the Town Board and/or other Town Committeesor Commissions may be in attendance. However, the only business to be conducted is for the Ad Hoc Zoning Process Committee.

AD HOC ZONING PROCESS COMMITTEEMEETING AGENDA

DATE: Monday, November 18, 2019TIME: 4:30 PMLOCATION: Greenville Town Hall, W6860 Parkview Dr., Greenville, WI 54942

OPENING

1.CALL TO ORDER, ROLL CALL & APPROVAL OF AGENDA

2.APPROVAL OF MEETING MINUTES

2.a. Approval of Zoning Committees September 16, 2019 meeting minutes20190916_ZCminutes

3.PUBLIC COMMENT

4.NEW BUSINESS

4.a. Discuss Zoning Ordinance Development Process.M - Zoning Process 11.18.20191st Draft Zoning Ordinance Process

4.b. Discuss Zoning and Planning RFP/RFQ.M - RFP/RFQZoning RFP.pdfPlanning RFP.pdf

5.ADJOURNMENT

1

Page 1 of 2

Ad Hoc Zoning Committee

Agenda has been posted and distributed in accordance with Wisconsin State Statutes. A quorum of the Town Board and/or other Town Committees or Commissions may be in attendance. However, the only business to be conducted is for the Ad Hoc Zoning Committee.

AD HOC ZONING COMMITTEE

MEETING AGENDA

DATE: Monday, September 16, 2019 TIME: 5:30 PM LOCATION: Greenville Town Hall, W6860 Parkview Dr., Greenville, WI 54942 OPENING

PRESENT: Leanne Meidam-Wincentsen, Joe Ryan (present until 6:30pm, then telephone), Jack Anderson, Andy Peters, Dean Culbertson, Mark Strobel, Dayna Watson (telephone) ABSENT: Jim Ecker, Jim Cotter, Greg Kippenhan Meeting called to order at 5:31pm.

1. CALL TO ORDER, ROLL CALL & APPROVAL OF AGENDA Motion by Dean Culbertson, second by Leanne Meidam-Wincentsen to approve the agenda. Motion carried 7-0.

2. APPROVAL OF MEETING MINUTES N/A

3. PUBLIC COMMENT Jennifer Sunstrom, Government Affairs Director, Realtors Association of Northeast Wisconsin. She is wondering if the Supervisors and Commission Members would be open to extending the January 1, 2020 time line for AG residential building permits to coincide with the zoning updates. She would like the Realtors Association to be involved in the zoning planning and updates. Motion by Jack Anderson, second by Andy Peters to close public comment. Motion carried 7-0.

4. NEW BUSINESS 4.a. Discussion on Zoning Ordinance Update Process.

4.b. Public Participation Process. M - Public Participation 09162019 In addition to the methods discussed in the staff report, the members would like a postcard

2

Page 2 of 2

Ad Hoc Zoning Committee

Agenda has been posted and distributed in accordance with Wisconsin State Statutes. A quorum of the Town Board and/or other Town Committees or Commissions may be in attendance. However, the only business to be conducted is for the Ad Hoc Zoning Committee.

sent out as a kick-off to let people know of the updated process and where they can get information in the future. A “commercial” will also be created for posting.

4.c. Ad-Hoc Zoning Process Committee Discussion. M - Zoning Process 09162019 3. The Committee would like staff to move forward with Site Plan Staff Approval language. 4. The Committee would like to move forward with Special Exceptions being handled by the Planning Commission. 5. The Committee likes the Planned Unit Development (PUD) zoning concept. 6. The committee agrees building codes should be put together in Ch. 85.

4.d. Ad-Hoc Zoning District Regulations Committee Discussion. M - District Regulations 09162019 5. The Committee feels we can leave out the overlays until they can be researched more thoroughly and to make sure the public knows this is the strategy.

4.e. Ad-Hoc Zoning District Regulations Committee Discussion. M - Development Regulations 09162019 3. The Committee feels we can lower the parking requirement, but not strike it all together, also to add snow removal storage. 6. The Committee is ok with holding off on temporary sign enforcement until the code is updated.

5. ADJOURNMENT Motion made by Jack Anderson, second by Mark Strobel to adjourn. Motion carried 7-0 and the

meeting was adjourned at 7:09pm.

3

Page 1 of 2

“Town of Greenville”

AGENDA MEMORANDUM

To: Zoning Ordinance Process Ad Hoc Committee From: Michael J. D. Brown, Community & Economic Development Director Date: November 11, 2019 RE: Zoning Ordinance Update

ACTION TYPE: Discussion BACKGROUND & SUMMARY: On August 26, 2019 the Town Board created Ad Hoc Committees to review specific sections of the Zoning Ordinance rewrite/update. This committee is tasked with reviewing process related content of the ordinance for the following areas:

1. Zoning Occupancy Certificates 2. Site Plans 3. Special Exceptions 4. Planned Unit Development (PUD) 5. Building Permits

Attached is a first rough draft of these sections. Below are topics for discussion as well as modifications made. Staff is looking for policy direction on the draft and these topics in order to develop a second rough draft. MODIFCATIONS AND POLICY QUESTIONS:

1. Zoning Occupancy Permits: No policy questions at this time.

2. Site Plans:

a. At the September 16, 2019 Zoning Committee meeting the Committee directed staff to modify the ordinance to have site plans be a staff only review and approval process; this has been modified.

3. Special Exceptions:

a. At the September 16, 2019 Zoning Committee meeting the Committee directed staff to modify the ordinance to have Special Exceptions be a Planning Commission only review and approval process; this has been modified.

4. Planned Unit Development (PUD): a. At the September 16, 2019 Zoning Committee meeting the Committee directed staff to

modify the ordinance to eliminate the Planned Unit Development Article and created a

4

Page 2 of 2

Mixed Use District. This district has been created and will be discussed by the District Regulations Committee.

5. Building Permits:

a. At the September 16, 2019 Zoning Committee meeting the Committee directed staff to modify Chapter 85 and consolidate building permit regulations from the Zoning Ordinance into Chapter 85; this has been modified.

STAFF RECOMMENDATION: Staff recommends the committee review the first rough draft and discuss any modifications it would like.

###

Attachments: 1. Draft Ordinance related to the topics above.

5

Article V Zoning Occupancy Certificate

§ 320-224 Permit required.No vacant land shall be occupied or used, and no structure or building shall be hereafter erected,structurally altered, relocated, used or occupied until the Community and EconomicDevelopment Director or designee has certified that any such structure, building, use oroccupancy complies with the provisions of this chapter and a Zoning Occupancy Certificate hasbeen issued. A like certificate shall be obtained before any change is made in the type of use orbefore any legal nonconforming use is resumed, changed, extended or granted special exceptionstatus.

§ 320-225 Applications; inspections; fee.Applications shall be made to the Community and Economic Development Department by thefollowing procedures:

A. Site Plan. If a site plan is required by this Chapter then the zoning approval shall bereviewed and approved during the site plan process. A Zoning Occupancy Certificate

1st DRAFT of Chapter 320 Zoning Ordinance November 11, 2019

ht

14

6

shall be issued upon completion of required site plan and building improvements. A temporary certificate may be issued based on completion of site improvements per §320-XXX Site Plan Completion.

B. Special Exception. If a Special Exception is required by this Chapter then the zoningapproval shall be reviewed and approved during the Special Exception process. A ZoningOccupancy Certificate shall be issued upon completion of required site planimprovements (if applicable) per §320-XXX Site Plan Completion and meeting theconditions of the Special Exception (if applicable) per §320-XXX Special ExceptionCompletion. A temporary certificate may be issued based on completion of siteimprovements per §320-XXX Site Plan Completion and §320-XXX Special ExceptionCompletion.

C. Building Permit. If a building permit is required by this Chapter or Chapter 85 for abuilding that requires a site plan or Special Exception, a Zoning Occupancy Certificateshall be issued upon completion of required site plan improvements (if applicable) per§320-XXX Site Plan Completion and meeting the conditions of the Special Exception (ifapplicable) per §320-XXX Special Exception Completion and meeting all applicablebuilding codes. A temporary certificate may be issued based on completion of siteimprovements per §320-XXX Site Plan Completion and §320-XXX Special ExceptionCompletion.

D. Zoning Occupancy Certificate. If a site plan, Special Exception or building permit is notrequired than the property owner or applicant shall submit an application to theCommunity and Economic Development Department that a new use is proposed andprovide appropriate information to verify compliance with this Chapter and theGreenville Municipal Code. If it is determined that a site plan, Special Exception and/orbuilding permit is required during the review of the application the property owner and/orapplicant shall submit the applicable applications for approval prior to a ZoningOccupancy Certificate being issued.

Article VI Site Plans

§ 320-219 Applicability and procedure.A. An application for site plan is required to be submitted to and approved by the

Community and Economic Development Department prior to:

(1) Performing site work and installation of applicable improvements as required by thisChapter and the Greenville Municipal Code.

(2) Obtaining an erosion control/stormwater permit as required by Chapters 117 and 255,this Chapter and the Greenville Municipal Code.

(3) Obtaining a building permit for a permitted principal, Special Exception or accessoryuse/building/structure as required by Chapter 85, this Chapter and the GreenvilleMunicipal Code in order to construct a new building or structure or expand an

1st DRAFT of Chapter 320 Zoning Ordinance November 11, 2019

ht

15

7

existing building or structure. Interior or exterior remodels or work considered maintenance that do not expand the existing footprint of a building or structure does not require a site plan unless otherwise required by this Chapter.

§ 320-220 Site plan requirements.The following plans, documents and information, if applicable as determined by the Communityand Economic Development Director or designee, shall be submitted to the Community andEconomic Development Department before it shall be considered an official applicationsubmittal for site plan.

A. An application for site plan provided by the Community and Economic DevelopmentDepartment.

B. Plan set to include the following plan sheets. Each plan sheet shall provide adequateinformation to verify all requirements have been met (see Diagram XX for example ofrequired information):

(1) Existing conditions sheet to include all existing structures, buildings, utilities,easements and natural features such as rivers/streams/lakes/wetlands/forested areasetc. (topographic survey/CSM/Plat).

(2) Standard notes sheet.

(3) Site plan sheet which shall meet the requirements of this Chapter to include but notlimited to the applicable zoning district uses (Use Tables ???), dimensionalrequirements (Dimensional Tables ???), Article XXX Access and Visibility andArticle XXX Parking Requirements.

(4) Utility plan sheet which shall meet the requirements of Chapter 340.

(5) Erosion control plan sheet which shall meet the requirements of Chapter 117.

(6) Grading/drainage/stormwater plan sheet which shall meet the requirements ofChapters 117 and 255.

(7) Landscape plan sheet which shall meet the requirements of Article XXX LandscapingRequirements.

(8) Lighting/photometric plan sheet which shall meet the requirements of Article XXXLighting.

(9) Sign plan sheet which shall meet the requirements of Article XXX Signs, Billboardsand Canopies.

(10) Building elevation sheet in color and black and white.

1st DRAFT of Chapter 320 Zoning Ordinance November 11, 2019

ht

16

8

(11) Standard details plan sheet

C. Stormwater Management Report which shall meet the requirements of Chapter 255.

D. Erosion Control Application and application fee.

E. County, State and Federal permits and/or approvals if available at the time of submittal.Final approval of the site plan and issuance of erosion control/stormwater/site andbuilding permits to construct may require applicable approvals be submitted toGreenville.

F. Any other information that may be required to demonstrate all applicable requirementshave been complied with.

Article VII Special Exceptions

§ 320-207 Procedure.All applications for a Special Exception shall be submitted to the Community and EconomicDevelopment Department. A site plan, in compliance with this Chapter, is required forapplications for a Special Exception, and it shall be submitted simultaneously with theapplication. There may be instances where a site plan is not required; in those instances theCommunity and Economic Development Director or designee, shall have the discretion todetermine if a site plan is required and to what level of detail is required to be submitted basedon existing site conditions and if physical site or building improvements are required or beingproposed. The application may also be accompanied by any other material or informationnecessary to demonstrate that the grant of a Special Exception will be in harmony with thegeneral intent and purpose of these zoning regulations and will not be injurious to theneighborhood or otherwise detrimental to the public interest. The Community and EconomicDevelopment Director shall refer all applications and accompanying materials to the PlanningCommission. Special Exceptions shall be approved by the Planning Commission.

§ 320-208 Public hearing.A public hearing shall be set within 60 days of filing an application. A Class 2 notice pursuant toChapter 985, Wis. Stats., shall be published specifying the date, time and place of hearing andthe matters to come before the Planning Commission. Notice shall be mailed to all propertyowners in compliance with Chapter 99 Citizen Participation.

§ 320-209 Conditions and safeguards.A. Standards for granting Special Exceptions. Special Exceptions shall be approved by the

Planning Commission when all of the following conditions prevail:

(1) The establishment, maintenance, or operation of the Special Exception will not bedetrimental to, or endanger the public health, safety, morals, comfort or generalwelfare of the community.

(2) The Special Exception will not be injurious to the uses of other property in the

1st DRAFT of Chapter 320 Zoning Ordinance November 11, 2019

ht

17

9

immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located.

(3) The proposed use will not create a look of clutter, garishness, glare or creates anobnoxious noise level, or would generate any other incompatibility with thesurrounding neighborhood.

(4) The impact of the use is furthering the purposes of this chapter or the purposes of thezoning district in which the use is proposed or the adopted Comprehensive Plan.

(5) The establishment of the Special Exception will not impede the normal and orderlydevelopment and improvement of the surrounding property.

(6) Adequate facilities, access roads, drainage and/or necessary services will be provided.

(7) Adequate measures have been or will be taken to provide ingress and egress sodesigned as to minimize traffic congestion in the public streets.

(8) If the Special Exception involves a public use or a use providing public utilityservice, that such use or service shall meet a demonstrable public need and provide apublic benefit.

(9) The requirements of this Chapter are met.

B. Conditions, guarantees and validity period.

(1) Prior to the approval of any Special Exception, the Planning Commission may placesuch conditions and restrictions as is deemed necessary for the protection of thepublic interest and to secure compliance with the standards specified in Subsection Aof this section. In all cases in which Special Exceptions are subject to conditions, thePlanning Commission may require evidence and guarantees as it may deem necessary(as proof that the stipulated conditions are being and will be complied with).

(2) A Special Exception shall become effective upon approval by the PlanningCommission. A record of the Special Exception shall be kept in the Clerk's files.

(3) Failure to comply with all provisions or conditions placed on a Special Exceptionpermit shall be deemed a violation of the zoning code and enforceable under ArticleXVIII of this chapter.

§ 320-XXX CompletionA. All conditions and improvements required as part of the Special Exception approval shall

be complied with and completed/installed prior to occupancy of the building or structureunless occupancy/completion occurs between November 1st and May 1st in which caseimprovements shall be completed no later than July 1st.

B. If no building or structure is constructed as part of the project all improvements requiredin this Chapter shall be completed/installed within 12 months of issuance of an erosion

1st DRAFT of Chapter 320 Zoning Ordinance November 11, 2019

ht

18

10

control/stormwater permit.

C. If no erosion control/stormwater permit is required all conditions shall be completedwithin 12 months of approval of the Special Exception approval.

D. Within 30 days of the completion, the owner/developer shall request an inspection of theimprovements to verify compliance with the approved Special Exception. A ZoningOccupancy Permit shall be issued upon all improvements being completed per 320-XXZoning Occupancy Permits.

§ 320-XXX ExpirationA. If a building permit is required, the Special Exception approval shall expire if the

building permit is not obtained within 12 months of Special Exception approval.

B. If a building permit is not required, but an erosion control/stormwater permit is required,the Special Exception approval shall expire if the erosion control/stormwater permit isnot obtained within 12 months of Special Exception approval.

C. If a building permit and erosion control/stormwater permit are not required, the SpecialException approval shall expire if all required improvements and/or conditions are notinstalled/met within 12 months of Special Exception approval.

D. A Special Exception shall expire if the use is discontinued for a period of 12 consecutivemonths.

§ 320-XXX AmendmentsA minor change to a Special Exception shall be requested by the applicant in writing to be reviewed and voted on by the Planning Commission; no fee shall be charged. If it is determined the modification is a major change, the applicant shall be required to file a new Special Exception permit application with applicable fees.

§ 320-21 Existing Special Exceptions.Any use or structure existing on the effective date of adoption or amendment of this chapterwhich is classified as a Special Exception in the district in which it is located shall be deemed tohave been granted approval, subject to maintaining the character and extent of such use orstructure existing on that date. Any extension, enlargement or change in such use or structureshall require approval according to the terms of this chapter.

§ 320-210 Records and decisions.The Planning Commission shall keep a record of its proceedings under this section, all of whichshall be filed immediately as public records. . Every final decision under this section shall be inwriting accompanied by findings of fact based on the record.

1st DRAFT of Chapter 320 Zoning Ordinance November 11, 2019

19

11

Chapter 85 Building Construction

§85-1 Title. This chapter shall be known as the "Building Code of Greenville" and will be referred to in this chapter as "this code," this chapter" or "this ordinance."

§85-2 Purpose. This chapter provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings and/or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and regulates the equipment, use and occupancy of all such buildings.

§85-3 Scope. New buildings hereafter erected in, or any building hereafter moved within or into Greenville shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing, or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the law of the State of Wisconsin pertaining to construction and use and Chapter 320, Zoning, and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws of said Chapter 320, Zoning.

§85-4 State building code adopted. The Wisconsin State Building Codes, Wisconsin Administrative Code Chapters SPS 301 to 399, are adopted by reference as a part of this chapter and shall be referred to in this Chapter as “Building Code”. Any future amendments, revisions or modifications of these codes are intended to be made part of this chapter. A violation of any provision thereof shall be a violation of this chapter. This shall apply to all new and existing buildings and structures.§ 85-5 Permit required.

A. General permit requirement. All new buildings or structures, or any part thereof, that are erected, or ground broken for the same, or enlarged, altered, repaired, moved, demolished, razed or used within the Town except as provided in this chapter, shall require a permit be obtained by the owner, or their authorized agent, from the Building Inspector.

B. Repairs. Repairs for purposes of maintenance, or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any existing stairways, or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy of use, shall be deemed minor repairs.

C. Application.

(1) Application for a building permit shall be required in a format required by the Building Inspector. The following information shall be submitted with the application.

(a) Construction plan in a format as required by the Building Inspector.

(b) Site Plan in compliance with Section 320-XX and format as required by the Community and Economic Development Department. Community and Economic Development

1st DRAFT of Chaper 85 Building Construction November 11, 2019

1

12

Director or designee shall have the discretion to determine what site plan requirements of Section 320-XX are applicable as requirements may vary due to type of project (i.e. residential v. non-residential).

(c) Plot, site, drainage and erosion control plans drawn to scale.

D. Revocation of permits. The Building Inspector or designee may revoke permits if compliance with this Chapter, Building Code or the Greenville Municipal Code are not met.

(1) Whenever the inspector shall find at any time that applicable ordinances, laws, orders, plans and specification are not being complied with and that the holder of the permit refused to conform after written warning or instruction has been issued to him.

(2) Whenever the continuance of any construction becomes dangerous to life or property.

(3) Whenever there is any violation of any condition or provisions of the application for permit or of the permit.

(4) Whenever, in the opinion of the inspector, there is inadequate supervision provided on the job site.

(5) Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

(6) Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.

(a) The notice revoking a building, plumbing, heating or electrical permit shall be in writing and may be served upon the applicant of the permit, owner of the premises or his agent, if any, or on the person having charge of construction.

(b) A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Inspector.

(c) After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.

F. Display of permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.

§85-6 Conditions of permit. A. Payment of fees. No permit shall be issued until the fees have been paid which shall be set from

time to time by the Greenville Board.

B. Compliance of codes. The permit shall be authorization to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter or the Building Code, except as specifically stipulated by modification of legally granted variation as

1st DRAFT of Chaper 85 Building Construction November 11, 2019

2

13

described in the application.

C. Compliance with permit. All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereto.

D. Compliance with site plan. All new work shall be located strictly in accordance with the approved site plan.

E. Cleanliness; removal of debris. Every building shall be kept reasonably clean during construction and after construction, and shall be kept reasonably free from any accumulation of dirt, filth, rubbish, garbage, excess building materials or other matter in or on the same, or in the yards, courts, passages, areas of alleys connected with or belonging to the same. Sidewalks and streets shall be kept clear and clean of boards, nails or other debris, and shall be further kept clean of accumulation of dirt, and mud or ground. The holder of the permit, whether it be the owner of the premises upon which construction is being undertaken, or the general construction is being undertaken, or the general contractor, or any subcontractor on said building project, shall be responsible for hauling all rubbish and debris away from the construction site, at the contractor's expense or the expense of the subcontractor or the owner, as agreed between the parties, all at no cost to Greenville. This section includes residential, commercial and industrial construction and any remodeling of existing residential, commercial and industrial properties.

F. Damage to Public Property. If public property is damaged during the course of construction it shall be the responsibility of the property owner to repair the damage as required by the Public Works Director. If the damage is not repaired Greenville may repair the damage and assess the cost back to the property owner.

G. Other conditions that may be required by the Building Inspector.

§85-7 Moving of buildings. A. Permit required. No building shall be moved over the streets or roads of Greenville unless a permit

has been granted by the Public Works Director.

B. Application.

(1) Any person wishing to move a building over the roads or streets of Greenville shall make application to the Public Works Director in a letter of request. Such letters shall also be signed by the owner of the property to where the building is to be moved.

(2) The moving of the building shall be continuous during all hours of the day and day by day if the Public Works Director so orders until the moving is completed to cause the least possible obstruction to the streets.

(3) No building shall be allowed to remain overnight on any street crossing or intersection.

(4) Red warning lights shall be placed conspicuously at both ends of the building during the night.

(5) If a building being moved must remain stationary on a street for any period of time, permission for such shall be obtained from Greenville.

C. Permits to be granted. No permission shall be granted by Greenville for the moving of buildings over the streets of Greenville without certain conditions being met.

(1) The axle load shall be such so there is no damage to the road surface as determined by the Public Works Director.

(2) The building shall be of such length, height and width that it will not interfere with power

1st DRAFT of Chaper 85 Building Construction November 11, 2019

3

14

lines, trees, and other structures along the route to be traveled.

(3) Applicant shall be required to show evidence of public liability and property damage insurance with limits of $25,000 for injury to one person and $50,000 for one accident and $25,000 for property damage.

(4) Applicant shall deposit with the Clerk a bond of $2,000 with acceptable surety running to Greenville conditioned that he will save and indemnify Greenville against any costs, expenses, or damages which may in any way accrue against Greenville by reason of moving and will keep Greenville harmless against all liabilities, judgments, costs and expenses as a consequence of the granting of a permit.

D. Inspector to be appointed. The mover of any building to whom permission has been granted shall notify the Public Works Director of the time when moving is to begin. The Public Works Director may appoint an inspector to be present during the moving operations to supervise such moving. The appointment of an inspector in no way relieves the mover from any liability for damage that may be done during the moving operation. The costs of the inspector and tree trimmers shall be billed at actual cost to the mover.

E. Buildings moved within the Town.

(1) No building shall be moved from one location to another within Greenville without the conditions provided hereunder being met.

(2) The Building Inspector shall issue a building permit for the relocation of said building in compliance with all building and zoning regulations.

(3) A relocation shall not be made if there is a protest of the relocation duly signed and acknowledged by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land unless so granted by a 2/3 vote of the Board.

(4) No building shall be moved from one location to another location within Greenville if said building has been in existence more than 50% of its estimated life expectancy as set forth in Boeckh's Manual of Appraisals Depreciation Table for Buildings.

(5) No building shall be moved from outside the limits of Greenville to within limits of Greenville unless granted by a 2/3 vote of the Board. Newly constructed factory-built homes and parts thereof may be moved from outside Greenville to within Greenville in compliance with all other provisions of this chapter.

F. Whenever permission is issued for the moving of a building and a police escort is required in the opinion of the Public Works Director, the mover shall provide same at his expense.

§85-8 Repair and razing of unsafe buildings. A. Dangerous and unsafe buildings. If a building is old, dilapidated or out of repair and consequently

dangerous, unsafe or otherwise unfit for human habitation and unreasonable to repair, the Building Inspector may order the owner of the building to raze the building or, if the building can be made safe by reasonable repairs, order the owner to either make the building safe and sanitary or to raze the building, at the owner's option.

B. Cessation of construction. If there has been a cessation of normal construction of a building for a period of more than two years, the Building Inspector may order the owner of the building to raze the building.

1st DRAFT of Chaper 85 Building Construction November 11, 2019

4

15

C. Notice of unfitness. If a building subject to an order under Subsection A of this section is unsanitary and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Building Inspector shall post a placard on the premises containing the following notice: "This Building May Not Be Used For Human Habitation, Occupancy or Use." The Building Inspector shall prohibit use of the building for human habitation, occupancy or use until necessary repairs have been made. Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use shall be fined an amount as set from time to time by the Greenville Board.

D. Reasonableness of repair. If the Building Inspector determines that the cost of repairs of a building would exceed 50% of the assessed value to the building divided by the ratio of the assessed value to the recommended value as last published by the Department of Revenue, the repairs are presumed unreasonable.

E. Service of order. An order under Subsection A of this section shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in circuit court. An order under Subsection A shall be served on the holder of an encumbrance of record by first-class mail at the holder's last known address and by publication as a Class 1 notice under Ch. 985. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a Class 1 notice under Ch. 985 before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building.

F. Effect of recording order. If a raze order issued under Subsection A of this section is recorded with the register of deeds, the order is considered to have been served, as of the date the raze order is recorded, on any person claiming an interest in the building or the real estate as a result of a conveyance from the owner of record unless the conveyance was recorded before the recording of the raze order.

G. Failure to comply with order, razing building. An order shall specify the time within which the owner of the building is required to comply with the order and shall specify repairs, if any. If the owner fails or refuses to comply within the time prescribed, the Building Inspector may proceed to raze the building through any available public agency or by contract or arrangement with private persons, or to secure the building and, if necessary, the property on which the building is located if unfit for human habilitation, occupancy or use. The cost of razing or securing the building and, if necessary, the property on which the building is located if unfit for human habitation, occupancy or use. The cost of razing or securing the building may be charged in full or in part against the real estate upon which the building is located, and if that cost is so charged, it is a lien upon the real estate and may be assessed and collected as a special tax. Any portion of the cost charged against the real estate that is not reimbursed under from funds withheld from an insurance settlement may be assessed and collected as a special tax.

§85-9 Emergency measures. A. Vacating buildings. When, in the opinion of the Building Inspector, there is actual and immediate

danger of failure or collapse of a building or structure or part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the Building Inspector may order and require the occupants to vacate the same forthwith. The Building Inspector shall cause to be posted at each entrance to such buildings a notice reading as follows: "DO NOT OCCUPY." And it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or demolishing the same.

B. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the Greenville Treasury on certificate of the Building Inspector; and the Greenville Attorney

1st DRAFT of Chaper 85 Building Construction November 11, 2019

5

16

shall institute appropriate action against the owner of the premises where the unsafe building or structure was located for the recovery of such costs.

§85-10 Expiration. A. All building permits shall be valid for 12 months from the date of issuance.

B. Exception: Commercial and Industrial buildings and buildings requiring a Wisconsin Uniform Building Permit shall be valid for 24 months.

§85-11 Method of enforcement. A. Certified inspector to enforce. The Building Inspector and his delegated representatives are hereby

authorized and directed to administer and enforce all of the provisions of the this Chapter and the Building Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Wis. Adm. Code.

B. Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Greenville Board.

C. Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Building Code.

D. Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his agent while in performance of his duties.

E. Records. The Building Inspector shall perform all administrative tasks required by the Department under the Building Code. In addition, the Building Inspector shall keep a record of all applications for building permits.

§85-12 Severability. If any section, clause, provision or portion of this chapter or of the Building Code adopted by reference is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.

§85-13 Penalties; enforcement. A. Penalties.

(1) Scope of penalty provision. Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapterand the Building Code, shall be deemed an unlawful building, structure or use.

(2) Penalties. The Building Inspector shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such buildings, structure or use to be removed and such violation may also be subject to a penalty as provided in general penalty provisions of this section. Any person who fails to obtain a building permit before starting construction shall be charged a fee as determined by the Board from time to time. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other Greenville officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.

B. Enforcement.

1st DRAFT of Chaper 85 Building Construction November 11, 2019

6

17

(1) Notice to correct. If an inspection reveals a noncompliance with this chapter and the Building Code, the Building Inspector shall notify the applicant or the owner of the violation to be corrected in writing and prior to continuation of any other work.

(2) Stop-work order. If after notification, the violation is not corrected, a stop-work order may be served on the owner or his or her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.

(3) Separate violations; other remedies. Each day each violation continues after the written notice shall constitute a separate offense. Nothing in this chapter shall preclude the Greenville from maintaining any appropriate action to prevent or remove a violation of any maintaining of this chapter or the Uniform Dwelling Code.

(4) Double fees. If any construction of work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.

C. Appeals. Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Board of Appeals. Those procedures customarily used to effectuate an appeal to the Board of Appeals shall apply.

§85-14 Disclaimer on inspections. A. The purpose of the inspections under this chapter is to improve the quality of housing in

Greenville. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to inspection reports: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expresses or implied."

B. Relief from personal responsibility. The Building Inspector, officer or employee charged with the enforcement of the Building Code, while acting for Greenville shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his official duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties under the provisions of the Building Code shall be defended by the Greenville Attorney until the final termination of the proceedings. In no case shall the Building Inspector or any of his subordinates be liable for cost in any action, suit or proceeding that may be instituted in pursuance of the provisions of the Building Code and any officer of the Department of Building Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions of by reason of any act or omission in the performance of his official duties in connection therewith.

§85-15 Violations and penalties. Any person who shall violate any provision of this chapter shall be subject to a penalty. A stop-work notice will be posted. Failure to comply after notice will result in court action. The forfeiture amount for any violation shall be set from time to time by ordinance in the Town of Greenville.

1st DRAFT of Chaper 85 Building Construction November 11, 2019

7

18

Page 1 of 1

“Town of Greenville”

AGENDA MEMORANDUM

To: Ad-Hoc Zoning Committee Members From: Michael J. D. Brown, Community & Economic Development Director Date: November 11, 2019 RE: Zoning Ordinance Update and Sub-Area Planning RFP/RFQ

ACTION TYPE: Discussion BACKGROUND & SUMMARY: Greenville has initiated its Zoning Ordinance update per recommendations of the 2040 Comprehensive Plan. As previously discussed, there are components of the update that require assistance by a consultant, specifically in regards to developing diagrams/images, definitions, testing and architectural design. Attached is a Request for Proposal/Request for Qualifications to be sent out to seek proposals from qualified firms for this work. Verbal estimates were obtain during the budgeting process, but in order to focus the scope of work, input from the Committees was necessary by developing a first draft of the ordinance. Once proposals are submitted the Town can discuss them and decide on how to proceed. At this time we don’t have a dedicated funding source as we don’t know the full cost implications. Similarly, a Request for Proposal/Request for Qualifications is attached for sub-area planning to implement the 2040 Comprehensive Plan Action Items 4b-2, 4b-8, 5c-5 & 6a-1 which will assist developing architectural design requirements for the Zoning Ordinance but also help develop a vision for specific areas of the community and provide a marketing strategy to entice development. STAFF RECOMMENDATION: Staff recommends the Committees accept the proposed Request for Proposal/Request for Qualifications. Staff will post them on the National and Wisconsin Planning websites for consultants to access.

### Attachments:

1. Zoning RFP 2. Planning RFP

19

“Town of Greenville”

W6860 Parkview Drive Michael J. D. Brown Greenville, WI 54942 Community & Economic Development Director

Phone (920) 757-5151 Ext 2000 Fax (920) 757-0543 www:TownofGreenville.com e-mail: mbrown@townofgreenville.com

November 18, 2019 Request for Proposal/Request for Qualification for Town of Greenville Zoning Ordinance

Update The Town of Greenville, WI recently adopted its new 2040 Comprehensive Plan in July 2019. It recently updated its Subdivision Control Ordinance and now has initiated a complete rewrite of its Zoning Ordinance in order to implement the Comprehensive Plan. The Town is seeking proposals/qualifications from qualified firms for this project. Project Background The Town Board has directed staff to complete the rewrite utilizing Town staff for the majority of the project. Ordinance language content will be developed by staff, the Planning Commission and Town Board. The Town has also initiated a public involvement process that it will manage. However, there are technical components of the project the Town requires a consultant for which include the following:

1. Development of graphics/images. The Town desires the ordinance to have graphics and images to assist with defining the text of the document. It is unknown at this time how many graphics/images will be required but it is the Town’s goal to combine similar code requirements into as few graphics/images as possible.

2. Definitions. Updates to existing, creation of new and elimination of definitions are required to correspond to the ordinance language and graphics/images.

3. Ordinance Testing. The ordinance will need to be tested to make sure there are no abnormalities and the regulations created don’t cause major issues or are inconsistent with the Comprehensive Plan. Staff will lead the testing, but assistance is requested.

Alternate:

4. Architectural Design. The Town has interest in completing sub-area plans for various areas in town and developing architectural design requirements for those various areas. If these sub-area plans are completed, the Town desires architectural design ordinance language to be developed. The scope of these plans have been defined and is included within a separate RFP/RFQ but include the Urban Core, Heritage and Gateway areas as identified in the 2040 Comprehensive Plan.

20

Submission Requirements The following documents and information shall be submitted by January 10, 2020 via email as a PDF to mbrown@townofgreenville.com.

1. Firm Qualifications to include a. Firm’s experience developing zoning ordinances - provide 3 current project

examples and contact information for references for each project. b. Staff members assigned to the project and their qualifications.

2. Timeline for completion. 3. Cost estimate for development of:

a. Graphics/images, definitions and testing. b. Alternate: Architectural design ordinance language.

Website Links 2040 Comprehensive Plan: http://www.townofgreenville.com/departments/community_development/land_use_and_conservation/index.php Zoning Ordinance Update Website: http://www.townofgreenville.com/zoning_ordinance_update.php Please contact Michael J. D. Brown for a copy of the Zoning Ordinance 1st Rough Draft Questions Contact Michael J. D. Brown, Community and Economic Development Director at mbrown@townofgreenville.com or 920-757-5151 ext. 2000.

21

“Town of Greenville”

W6860 Parkview Drive Michael J. D. Brown Greenville, WI 54942 Community & Economic Development Director

Phone (920) 757-5151 Ext 2000 Fax (920) 757-0543 www:TownofGreenville.com e-mail: mbrown@townofgreenville.com

November 18, 2019 Request for Proposal/Request for Qualification for Town of Greenville Sub-Area Plan and

Marketing Study The Town of Greenville, WI recently adopted its new 2040 Comprehensive Plan in July 2019. It recently updated its Subdivision Control Ordinance and has initiated a complete rewrite of its Zoning Ordinance. In order to implement its Comprehensive Plan, the Town is seeking proposals/qualifications from qualified, multi-disciplinary firms to develop a Sub-Area Plan and Marketing Study for the Urban Core, Heritage and Gateway areas identified in its Comprehensive Plan. Project Background The Town is looking to develop a Sub-Area Plan and Marketing Study for the Urban Core, Heritage and Gateway areas identified in its Comprehensive Plan, specifically addressing Action Items 4b-2, 4b-8, 5c-5 & 6a-1. The ultimate goal of this planning document will be used for further development of the Town’s updated Zoning Ordinance as well as marketing of these areas for future development/redevelopment. The plan/study shall include the following components:

1. Land Use and Multi-modal Transportation recommendations.

2. A Market Study that looks at both residential and commercial/industrial development that is based on market demand to support future land use/transportation recommendations. The Town is looking for realistic, market driven land use planning.

3. Architectural design guidelines specific to these corridors and areas in order to be implemented with the Zoning Ordinance rewrite.

4. Public Participation is critical with the process and should help form the basis for the plan and its recommendations.

5. The plan/study’s recommendations should be consistent with the Comprehensive Plan.

22

Submission Requirements The following documents and information shall be submitted by January 10, 2020 via email as a PDF to mbrown@townofgreenville.com.

1. Firm Qualifications to include a. Firm’s experience developing sub-area plans and market studies - provide

3 recent project examples, preference will be given to firms with at least 1 project within Wisconsin. Provide contact information for references for each project.

b. Staff members assigned to the project and their qualifications. 2. Description of the firms understanding of the project. 3. Description of public participation and planning process. 4. Description of final product/deliverables/recommendations. 5. Timeline for completion. 6. Cost estimate for development of the Sub-Area Plan and Market Study.

Website Links 2040 Comprehensive Plan: http://www.townofgreenville.com/departments/community_development/land_use_and_conservation/index.php Zoning Ordinance Update Website: http://www.townofgreenville.com/zoning_ordinance_update.php Questions Contact Michael J. D. Brown, Community and Economic Development Director at mbrown@townofgreenville.com or 920-757-5151 ext. 2000.

23