A.
The Village Board hereby designates the Village Building
Inspector as the official to receive, process and, following approval
by the Village Board, issue zoning permits.
B.
Cases when a zoning permit is required:
(1)
Before any building or other structure which is the
principal permitted use is erected, moved or structurally altered
so as to change its use or increase its floor area.
(2)
Before any land use is substantially altered.
(3)
Before any building or structure is erected or substantially
altered which would be a conditional use or require a variance regardless
of whether principal or accessory use.
(4)
Before building an accessory structure, even though
not intended for human occupancy.
C.
The permit application shall be made to the Village
Building Inspector on forms provided by the Village. Applications
shall be submitted in duplicate. The application shall include the
following information:
(1)
Names and addresses of the contractor.
(2)
Description of the subject site by lot, block and
recorded subdivision or by metes and bounds; address of the subject
site; type of structure; existing and proposed operation or use of
the structure or site; number of employees; and the zoning district
within which the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor
showing the location, boundaries, dimensions, elevations, uses and
size of the following: subject site; existing and proposed structures;
existing and proposed easements, streets and other public ways; off-street
parking, loading areas and driveways; existing highway access restrictions;
existing and proposed street, side and rear yards. In addition, the
plat of survey shall show the location, elevation and use of any abutting
lands and their structures within 40 feet of the subject site.
(4)
Proposed sewage disposal plan. If Village sewerage
service is not available this plan shall be reviewed by the Village
Engineer, who shall certify in writing that satisfactory, adequate
and safe sewage disposal is possible on the site as proposed by the
plan in accordance with applicable local, county and state health
regulations.
(5)
Proposed water supply plan if Village water service
is not available. This plan shall be reviewed by the Village Engineer,
who shall certify in writing that an adequate and safe supply of water
will be provided.
D.
The Village Building Inspector shall review the application
and, if the application is complete and contains all required information,
shall refer it to the Village Board.
E.
Upon referral of the application, the Village Board
shall schedule a public hearing thereon as soon as practical and the
Village Board shall notice said hearing as deemed appropriate.
F.
Decision.
(1)
Following public hearing, necessary study and investigation,
and consideration by and recommendation from the Plan Commission,
the Village Board shall render its decision in writing and a copy
made a permanent part of the Board's minutes. Such decision shall
include an accurate description of the zoning use permitted, of the
property on which permitted, and any and all conditions made applicable
thereto or, if disapproved, shall indicate the reasons for disapproval.
The Village Board may impose any conditions or exemptions necessary
to minimize any burden on any persons affected by granting the zoning
permit.[2]
(2)
A zoning permit shall be granted or denied in writing
by the Village Board within 30 days or within 60 days of said date
when site plan approval or a conditional use permit is required. The
permit shall expire within six months unless substantial work has
commenced. Any permit issued in conflict with the provisions of this
chapter shall be null and void.
G.
When a zoning permit does not continue in conformity
with the conditions of the original approval, or where a change in
the character of the surrounding area or of the use itself causes
it to be no longer compatible with surrounding areas, or for similar
cause based upon consideration for the public welfare, the special
grant may be terminated by action of the Village Board following a
public hearing thereon.
H.
Subsequent change or addition to the approved plans
or use shall first be submitted for approval to the Village Board
and if, in the opinion of the Village Board, such change or addition
constitutes a substantial alteration, a public hearing before the
Board shall be required and notice thereof be given.
A.
Site plan approval. All applications for zoning permits
for any construction, reconstruction, expansion or conversion, except
for one- and two-family residences in the A-1 Agricultural and Residential,
R-1 Residential or the C-1 Conservancy Districts, shall require site
plan approval by the Plan Commission and Village Board in accordance
with the requirements of this section.
B.
Application. An application for any such zoning permit
shall be submitted to the Village Building Inspector in duplicate.
The applicant shall also submit a site plan and sufficient plans and
specifications of proposed buildings, machinery and operation to enable
the Plan Commission and Village Board, or its expert consultants,
to determine whether the proposed application meets all the requirements
applicable thereto in this chapter. The site plan shall contain at
least the following information:
(1)
Total area in the development project.
(2)
Location, shape, area and dimension of the lot, lots
or acreage to be used.
(3)
Present zoning of the subject property and adjacent
property.
(4)
All public and private rights-of-way and easement
lines located on and adjacent to the subject property which are proposed
to be continued, created, relocated or abandoned.
(5)
Location and total number of curb cuts, driveways,
off-street parking spaces and loading spaces.
(6)
Proposed exterior building dimensions (horizontal
and vertical), gross floor area, number of floors and proposed uses.
(7)
Location and dimensions of all existing and proposed
structures, walks, malls, open areas, walls, fences, screen plantings
and/or other landscaping.
(8)
Existing and proposed sewer, water and other utility
lines plus location and type of sewage treatment facility and water
source.
(9)
Required setbacks of zoning district.
(10)
Area of subject property to be covered by buildings.
(11)
Location, size, height and orientation of all
signs.
(12)
Development plans for residential projects (multiple-family
developments and mobile home parks) shall include the following information:
(13)
Such other information regarding the development
area that may be required to determine conformance with this chapter.
C.
Administration. The Village Building Inspector shall
make a preliminary review of the application and plans and refer them,
along with a report of his findings, to the Village Board within 10
days. The Village Board shall review the application and may refer
the application and plans to one or more expert consultants selected
by the Board to advise whether the application and plans meet all
the requirements applicable thereto in this chapter. Within 45 days
of its receipt of the application, and after review and recommendation
from the Plan Commission, the Board shall authorize the Building Inspector
to issue or refuse a zoning permit. The Village Building Inspector
shall then act on the permit within five days, in accordance with
the recommendation of the Board.
D.
Requirements. In acting on any site plan, the Village
Board and Plan Commission shall consider the following:
(1)
The appropriateness of the site plan and buildings
in relation to the physical character of the site and the usage of
adjoining land areas.
(2)
The layout of the site with regard to entrances and
exits to public streets; the arrangement and improvement of interior
roadways; the location, adequacy and improvement of areas for parking
and for loading and unloading; and shall, in this connection, satisfy
themselves that the traffic pattern generated by the proposed construction
or use shall be developed in a manner consistent with the safety of
residents and the community, and the applicant shall so design the
construction or use as to minimize any traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage
facilities, and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site.
The Village Board may require that those portions of all front, rear
and side yards not used for off-street parking shall be attractively
planted with trees, shrubs, plants or grass lawns, and that the site
be effectively screened so as not to impair the intent or purpose
of this section.
E.
Effect on municipal services. Before granting any
site approval, the Village Board may, besides obtaining advice from
consultants, secure such advice as may be deemed necessary from the
Village Engineer or other municipal officials, with special attention
to the effect of such approval upon existing municipal services and
utilities. Should additional facilities be needed, the Village Board
shall not issue final approval until it has entered into an agreement
with the applicant regarding the development of such facilities.
This chapter shall be administered by the Village
Building Inspector or Village Board designee and enforced by the Village
Board, who may institute in the name of the Village any appropriate
actions or proceedings against a violator as provided by the law.
The duties of the Village Building Inspector and/or designee of the
Village Board shall be as follows:
A.
Receive applications, issue permits and make inspections
and maintain records as required by this chapter.
B.
Administer this chapter with the authority to enter
upon any public or private premises at a reasonable time and make
an inspection thereof and, upon reasonable cause or question of proper
compliance, revoke any building permit and issue cease and desist
orders requiring the cessation of any building, moving, alteration
or use which is in violation of this chapter, such revocation to remain
in effect until reinstated by the Zoning Board of Appeals or the Village
Board.
B.
Meetings and rules. All meetings of the Zoning Board
of Appeals shall be held at the call of the Chairman and at such other
times as the Board may determine. All hearings conducted by the Board
shall be open to the public. The Board 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 examination and other official actions, all of which shall be
immediately filed in the office of the Board and shall be public record.
The Zoning Board of Appeals shall adopt its own rules of procedure
not in conflict with this Code or with the applicable Wisconsin Statutes.
The presence of four members shall be necessary to constitute a quorum.
C.
Offices. The Village Board shall provide suitable
offices for the Zoning Board of Appeals for holding of hearings and
the presentation of records, documents and accounts.
D.
Appropriations. The Village Board shall appropriate
funds to carry out the duties of the Zoning Board of Appeals, and
the Zoning Board of Appeals shall have the authority to expend, under
regular procedure, all sums appropriated to it for the purpose and
activities authorized herein.
A.
Scope of appeals. Appeals to the Zoning Board of Appeals
may be taken by any person aggrieved or by any officer, department,
board or commission of the Village affected by any decision of the
official administering the Zoning Code. Such appeal shall be taken
within 30 days after the decision or ruling of the administrative
official by filing with the Board a notice of appeal, specifying the
grounds therefor. The Village Building Inspector shall forthwith transmit
to the Board all of the papers constituting the record upon which
the action appealed from was taken.
B.
Stay of proceedings. An appeal shall stay all legal
proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Board that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause immediate peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order,
which may be granted by the Zoning Board of Appeals or by a court
of record on application, on notice to the officer from whom the appeal
is taken, and on due cause shown.
The Zoning Board of Appeals shall fix a reasonable
time, not more than 30 days from the date of filing, for the hearing
of an appeal and shall give due notice thereof to all the parties
involved. The Board or any of its officers it shall designate shall
cause notice of such hearings to be published in the Village's newspaper
or newspapers. At the hearing, anyone may appear in person or by agent
or attorney.
In addition to these powers enumerated in Chapter 20 of this Code, the Zoning Board of Appeals shall have the following powers:
A.
Errors. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination
made by the Building Inspector.
B.
Variances. To hear and grant appeals for variances in accordance with the procedures and requirements of § 485-105. Use variances shall not be granted. In every case where a variance from the regulations has been granted by the Zoning Board of Appeals, the minutes of the Board shall affirmatively show that "an unnecessary hardship" or "practical difficulty" exists, and the records of the Board shall clearly show in what particular or specific respects an unnecessary hardship or practical difficulty has been created.[1]
C.
Interpretations. To hear and decide application for
interpretations of the zoning regulations and the boundaries of the
zoning districts.
D.
Substitutions. To hear and grant applications for
substitution of more restrictive nonconforming uses for existing nonconforming
uses, provided no structural alterations are to be made. Whenever
the Zoning Board of Appeals permits such a substitution, the use may
not thereafter be changed without application.
E.
Unclassified uses. To hear and grant applications
for unclassified and unspecified uses, provided that such uses are
similar in character to the principal uses permitted in the district.
F.
Temporary uses. To hear and grant applications for
temporary uses in any district, provided that such uses are of a temporary
nature, do not involve the erection of a substantial structure and
are compatible with the neighboring uses. The permit shall be temporary,
revocable, subject to any condition required by the Zoning Board of
Appeals, and shall be issued for a period not to exceed 12 months.
Compliance with all other provisions of this chapter shall be required.
G.
Permits and decisions. The Board may reverse, affirm
wholly or partly, modify the requirements appealed from, and may issue
or direct the issue of a permit. In exercising the preceding powers,
the Board may, in conformity with the provisions of this chapter,
reverse or affirm, wholly or in part, or may modify the order, requirement,
decision or determination appealed from, and make such order, requirement,
decision or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken,
and may issue the permit. The concurring vote of four members of the
Board shall be necessary to reverse any order, requirement, decision
or determination of the Building Inspector or to decide in favor of
the applicant on any matter upon being brought before the Board as
required by this chapter. The grounds of every determination shall
be stated.
A.
Purpose.
(1)
A request for a variance may be made when an
aggrieved party can submit proof that strict adherence to the provisions
of this chapter would cause him undue hardship or create conditions
causing greater harmful effects than the initial condition. A variance
granted to a nonconforming use brings that use into conformance with
the district and zoning requirements.
(2)
The Zoning Board of Appeals may authorize, upon appeal, in specific cases, such variance from the terms of the zoning ordinances as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the zoning ordinances will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit standards lower than those required by state law. The Zoning Board of Appeals shall apply the standards of Subsection D.
(3)
For the purposes of this section, "unnecessary
hardship" shall be defined as an unusual or extreme decrease in the
adaptability of the property to the uses permitted by the zoning district
which is caused by conditions, such as rough terrain or poor soil
conditions, uniquely applicable to the particular piece of property
as distinguished from those applicable to most or all property in
the same zoning district.[1]
B.
Application for variation. The application for variation
shall be filed with the Village Building Inspector. Applications may
be made by the owner or lessee of the structure, land or water to
be affected. The application shall contain the following information:
(1)
Name and address of applicant and all abutting
and opposite property owners of record.
(2)
Statement that the applicant is the owner or
the authorized agent of the owner of the property.
(3)
Address and description of the property.
(4)
Plat of survey prepared by a registered land
surveyor or an accurate site plan.
(5)
Additional information required by the Village
Board, Village Engineer, Plan Commission, Zoning Board of Appeals
or Village Building Inspector.
C.
Public hearing of application. The Zoning Board of
Appeals shall conduct at least one public hearing on the proposed
variation. Notice of such hearing shall be given not more than 30
days and not less than 10 days before the hearing in one or more of
the newspapers in general circulation in the Village and shall give
due notice to the parties in interest. At the hearing, the appellant
or applicant may appear in person, by agent or by attorney. The Board
shall thereafter reach its decision within 30 days after the final
hearing and shall transmit a written copy of its decision to the appellant
or applicant and the Village Board.
D.
Action of the Zoning Board of Appeals. For the Board
to grant a variance it must find that:
(1)
Denial of variation may result in hardship to
the property owner due to physiographical considerations. There must
be exceptional, extraordinary or unusual circumstances or conditions
applying to the lot or parcel, structure, use or intended use that
do not apply generally to other properties or uses in the same district
and the granting of the variance would not be of so general or recurrent
nature as to suggest that the Zoning Code should be changed.
(2)
The conditions upon which a petition for a variation
is based are unique to the property for which variation is being sought,
and that such variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in the
same district and same vicinity.
(3)
The purpose of the variation is not based exclusively
upon a desire to increase the value or income potential of the property.
(4)
The granting of the variation will not be detrimental
to the public welfare or injurious to the other property or improvements
in the neighborhood in which the property is located.
(5)
The proposed variation will not undermine the
spirit and general and specific purposes of the Zoning Code.
E.
Conditions. The Zoning Board of Appeals may impose
such conditions and restrictions upon the premises benefited by a
variance as may be necessary to comply with the standards established
in this section.
G.
Review by court of record. Any person or persons aggrieved
by any decision of the Zoning Board of Appeals may present to the
court of record a petition duly verified setting forth that such decision
is illegal and specifying the grounds of the illegality. Such petition
shall be presented to the court within 30 days after the filing of
the decision in the office of the Zoning Board of Appeals.
A.
Authority. Whenever the public necessity, convenience,
general welfare or good zoning practices require, the Village Board
may, by ordinance, change the district boundaries or amend, change
or supplement the regulations established by this chapter or amendments
thereto.
B.
Initiation. A change or amendment may be initiated
by the Village Board or by a petition of one or more of the owners
or lessees of property within the area proposed to be changed.
C.
Petitions. Petitions for any change to the district
boundaries or amendments to the regulations shall be filed with the
Village Building Inspector, describe the premises to be rezoned or
the regulations to be amended, list the reasons justifying the petition,
specify the proposed use and have attached the following:
(1)
Plot plan drawn to a scale of one inch equals
100 feet showing the area proposed to be rezoned, its location, its
dimensions, the location and classification of adjacent zoning districts,
and the location and existing use of all properties within 200 feet
of the areas proposed to be rezoned.
(2)
Owners' names and addresses of all properties
lying within 200 feet of the area proposed to be rezoned.
(3)
Additional information required by the Village
Board or Plan Commission.
D.
Hearings.
(1)
The Village Board shall hold a public hearing
upon each recommendation, giving at least 10 days' prior notice by
publication at least two times during the preceding 30 days, listing
the time, place and the changes or amendments proposed. The Village
Board shall also give at least 10 days' prior written notice to the
clerk of any municipality within 1,000 feet of any land to be affected
by the proposed change or amendment. The Village Board may delegate
the authority to hold and conduct the public hearing to the Plan Commission.
The Plan Commission shall submit an advisory recommendation to the
Village Board.
(2)
If applicable, prior to the Village Board hearing,
the appropriate joint extraterritorial zoning committee shall hold
a public hearing upon each proposed change or amendment within its
zoning jurisdiction, giving at least 10 days' prior notice by publication
at least three times during the preceding 30 days listing the time
and place of the heating and the changes or amendments proposed. The
joint committee shall mail notice to the clerk of the affected town.
E.
Board's action. Following such hearing and after careful
consideration, the Village Board shall vote on the passage of the
proposed change or amendment.
F.
Protest. In the event of a protest against such district
change or amendment to the regulations of this chapter, duly signed
and acknowledged by the owners of 20% or more either of the areas
of the land included in such proposed change, or 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,
such changes or amendments shall not become effective except by the
favorable vote of 3/4 of the full Village Board membership.
A.
Failure to comply with the provisions of this chapter
shall be regarded as a violation and any person who commits such violation
shall be liable to a forfeiture of not less than $25 nor more than
$2,000, together with the costs of prosecution, and in default of
payment of such forfeiture and costs of prosecution, shall be imprisoned
up to 90 days in the County Jail. Each day a violation is continued
shall be considered a separate offense. In case of any violation,
the Village Board may institute appropriate action or proceedings
to enjoin violation of this chapter.
B.
Any person, firm or corporation who violates, disobeys,
neglects, omits or refuses to comply with or who resists the enforcement
of any of the provisions of this chapter shall, upon conviction, remove
the building, structure or part thereof or discontinue the use thereof
which violates the term of this chapter within 60 days of such conviction.
Upon failure to do so, the Village Board shall order the removal of
such building, structure, use or part thereof which violates the terms
of this chapter. Such removal may be performed by an agent or by contract
arrangement with private persons, and the cost of such removal shall
become a lien upon the property, collectible as are other taxes.
