This chapter contemplates an administrative
and enforcement officer titled the "Zoning Administrator" to administer
and enforce the same. Certain considerations, particularly with regard
to granting of permitted conditional uses and planned unit development
conditional uses, changes in zoning districts and the Zoning Map,
and amending the text of this chapter, require review and action by
the Village Board. A Zoning Board of Appeals is provided to assure
proper administration of the chapter and to avoid arbitrariness.
A.
The Village Board shall designate a Village official
to serve as the Zoning Administrator and as the administrative enforcement
officer for the provisions of this chapter. The duty of the Zoning
Administrator shall be to interpret and administer this chapter and
to issue, after on-site inspection, all permits required by this chapter.
The Zoning Administrator shall further:
(1)
Maintain records of all permits issued, inspections
made, work approved and other official actions.
(2)
Record the lowest floor elevations of all structures
erected, moved, altered or improved in the floodland districts.
(3)
Establish that all necessary permits that are required
for floodland uses by state and federal law have been secured.
(4)
Inspect all structures, lands and waters as often
as necessary to assure compliance with this chapter.
(5)
Investigate all complaints made relating to the location
of structures and the use of structures, lands and waters, give notice
of all violations of this chapter to the owner, resident, agent or
occupant of the premises and report uncorrected violations to the
Village Attorney in a manner specified by him.
(6)
Prohibit the use or erection of any structure, land
or water until he has inspected and approved such use or erection.
(7)
Request assistance and cooperation from the Village
Clerk-Treasurer, Building Inspector and Village Attorney as deemed
necessary.
B.
Due to the size of the Village of Theresa it may not
be feasible to find a suitable person willing to take on the responsibility
of being Zoning Administrator on a part-time basis. The Village President
will serve as Zoning Administrator and will be assisted by the Director
of Public Works, Village Clerk-Treasurer and Building Inspector.[1]
A.
Village Board. The Village Board, the governing body
of the Village, subject to the holding of public hearings by said
Board, has ultimate authority to grant permitted conditional uses
and planned unit development conditional uses, to make changes and
amendments in zoning districts, the Zoning Map and Official Floodplain
Zoning Map and to amend the text of this chapter.[1]
A.
Required. No new structure, new use of land, water
or air or change in the use of land, water or air shall hereafter
be permitted and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit. The zoning permit may be issued as
part of issuance of a building permit; there shall be a charge for
only one permit under such circumstances.
B.
Application. Applications for a zoning permit shall
be made to the Zoning Administrator and shall include the following
where pertinent and necessary for proper review:
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer and 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 land surveyor registered
in the State of Wisconsin or other map drawn to scale and showing
such of the following as may be required by the Zoning Administrator:
the location, boundaries, dimensions, uses, and size of the following:
subject site; existing and proposed structures; existing and proposed
easements, streets and other public ways; public utilities; off-street
parking, loading areas and driveways; existing highway access restrictions;
high water; channel, floodway and floodplain boundaries; and existing
and proposed street, side and rear yards.
(4)
Proposed water supply plan if municipal water service
is not available. This plan shall be reviewed by the Village Engineer.
The owner shall certify, in writing, that an adequate and safe supply
of water will be provided.
C.
Action.
(1)
A zoning permit shall be granted or denied in writing
by the Zoning Administrator within 30 days of application, and the
applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within six months unless substantial
work has commenced or within 18 months after the issuance of the permit
if the structure for which a permit is issued is not substantially
completed, in which case of expiration the applicant shall reapply
for a zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions
of this chapter shall be null and void.
A.
Requirement. No building, or addition thereto, constructed
after the original effective date of this chapter and no addition,
alteration, reconstruction, extension, enlargement, conversion, or
structural alteration to a previously existing building shall be occupied
or used for any purpose until an occupancy permit has been issued
by the Zoning Administrator. Every occupancy permit shall state that
the use or occupancy complies with all the provisions of this chapter.
An occupancy permit shall also be required for any new use, or change
in use, of land or building.[1]
B.
Issuance of occupancy permits. No occupancy permit
for a land use or a building constructed after the effective date
of this chapter shall be issued until construction is substantially
completed and the premises inspected and certified by the Zoning Administrator
to be in conformity with the plans and specifications upon which the
building permit was issued.
C.
Issuance of certificates for nonconforming uses. Any
person, firm, or corporation having a legal or equitable interest
in a property which is nonconforming as to standards may request a
certificate of zoning compliance. The applicant shall present documentary
proof that said use was a permitted use at the time it originated
and was made nonconforming by the adoption of this chapter or amendment
thereto. After verifying that the use in question is in fact a nonconforming
use, the Zoning Administrator shall issue a certificate of zoning
compliance stating the use in question and the zoning of the property.
A.
Site plan approval. All applications for zoning permits
for any construction, reconstruction, expansion or conversion, except
for one- and two-family residences in residential districts, shall
require site plan approval by the Village Board in accordance with
the requirements of this section.
B.
Application. The applicant for a zoning permit shall
also submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Village
Board or its expert consultants to determine whether the proposed
application meets all the requirements applicable thereto in this
chapter.
C.
Administration. The Zoning Administrator 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 any expert consultants selected by the
Village Board to advise whether the application and plans meet all
the requirements applicable thereto in this chapter. Within 30 days
of its receipt of the application, the Village Board shall authorize
the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Village
Board 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; and the location, adequacy and improvement of areas for
parking and for loading and unloading and shall, in this connection,
satisfy itself 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 value of adjacent
properties nor impair the intent or purposes 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 the Village Board has entered
into an agreement with the applicant regarding the development of
such facilities.
A.
Violations. It shall be unlawful to use or improve
any structure or land or to use water or air in violation of any of
the provisions of this chapter. In case of any violation, the Village
Board, the Zoning Administrator or any property owner who would be
specifically damaged by such violation may cause appropriate action
or proceeding to be instituted to enjoin a violation of this chapter
or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator
has not been complied with within 30 days after written notice has
been mailed to the owner, resident agent or occupant of the premises,
the Village Board, the Zoning Administrator or the Village Attorney
may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement may, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Chapter 1, § 1-5 of this Code.
