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 this chapter and to avoid arbitrariness.
The Village Building Inspector is hereby designated as the primary
administrative officer for the provisions of this chapter and shall
be referred to as the "Zoning Administrator." The Zoning Administrator
shall be appointed by resolution of the Village Board. The duty of
the Zoning Administrator shall be to interpret and administer this
chapter and to issue all permits required by this chapter. The Zoning
Administrator shall further:
A.
Issue all zoning certificates and make and maintain records; records
shall be maintained in the Village Hall.
B.
Conduct inspections of buildings, structures, and use of land to
determine compliance with the terms of this chapter.
C.
Maintain permanent and current records of this chapter, including
but not limited to all maps, amendments, conditional uses, variances,
appeals and applications therefor.
D.
Provide and maintain a public information function relative to all
matters arising out of this chapter.
E.
Receive, file and forward to the Village Clerk/Treasurer all applications
for amendments to this chapter.
F.
Receive, file and forward to the Plan Commission, through the Village
Clerk/Treasurer, all applications for conditional uses, zoning changes
and applications for amendments to this chapter.
G.
Receive, file and forward to the Zoning Board of Appeals all applications
for appeals, variances, or other matters on which the Zoning Board
of Appeals is required to act under this chapter and shall attend
all Zoning Board of Appeals meetings to provide technical assistance
when requested by the Village Board.
H.
Initiate, direct and review from time to time a study of the provisions
of this chapter and make recommendations to the Plan Commission not
less than once a year.
A.
Plan Commission. The Plan Commission, together with its other statutory
duties, shall make reports and recommendations relating to the plan
and development of the Village to the Village Board, other public
officials and other interested organizations and citizens. In general,
the Plan Commission shall have such powers as may be necessary to
enable it to perform its functions and promote municipal planning.
Under this chapter, one of its functions is to make recommendations
to the Village Board pursuant to guidelines set forth in this chapter
as to various matters and always being mindful of the intent and purposes
of this chapter. Recommendations shall be in writing. A recording
thereof in the Commission's minutes shall constitute the required
written recommendation. The Commission may, in arriving at its recommendation,
on occasion and of its own volition, conduct its own public hearing.
B.
Village Board. The Village Board, the governing body of the Village,
subject to recommendations by the Plan Commission and the holding
of public hearings by said Board, has ultimate authority to make changes
and amendments in zoning districts and the Zoning Map and to amend
the text of this chapter. The Board may delegate to the Plan Commission
the responsibility to hold some or all public hearings as required
under this article and other provisions therefor elsewhere in this
chapter. The Village Board shall act as the board of appeals for conditional
uses granted by the Plan Commission.[1]
A.
Zoning permit required. No building permit for a new structure, new
use of land, water or air, or change in the use of land, water or
air shall hereafter be issued and no structure or part thereof shall
hereafter be located, erected, moved, reconstructed, extended, enlarged,
converted, or structurally altered unless the application for such
permit has been examined by the office of the Zoning Administrator
and has affixed to it a certificate of the office of the Zoning Administrator
indicating that the proposed use of land, buildings or structures
and any future proposed buildings or structures comply with all of
the provisions of this chapter.
B.
Application. Application 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 for all new principal structures and a map drawn to scale
for additions and accessory structures 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)
Additional information as may be required by the Zoning Administrator
or Plan Commission.
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.
Site plan approval required. All applications for building 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 Plan Commission in accordance with
the requirements of this section.
[Amended by Ord. No. 1997-04-01]
B.
Application. The applicant for a zoning or building permit shall
also submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Plan Commission
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 or her findings, to the Plan Commission within 10 days. The
Plan Commission shall review the application and may refer the application
and plans to any expert consultants selected by the Plan Commission
and/or Village Engineer 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 Plan Commission shall
authorize the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Plan Commission may
impose conditions upon the issuance of site plan approval as it deems
necessary to address the following issues:
(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 Plan Commission
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 Plan Commission 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 Plan Commission shall forward
its recommendations to the Village Board and shall not issue final
approval until the Village Board has entered into an agreement with
the applicant regarding the development of such facilities.
F.
Failure to comply. Notwithstanding any other provision of this section, and in addition to any other remedies allowed by law or elsewhere in this Code, any person, firm or corporation who or which fails to comply with any order, decision, determination, condition or variance issued pursuant to § 20-2 of this Code shall be subject to the violation, remedial action and penalty provisions of § 615-84.
[Amended by Ord. No. 1998-04-01]
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, Plan Commission, 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. Also, in the event of such violation, and also in the event of a violation of any term of a conditional use permit, approved site plan or approved variance, in addition to any other remedies allowed by law or elsewhere in this chapter, the Zoning Administrator is hereby authorized to issue citations to the violator. The penalties for such violations, in addition to appropriate injunctive relief, are those at Subsection C below. Each day of violation shall constitute a separate violation.
[Amended by Ord. No. 1998-04-01]
B.
Remedial action. Whenever an order of the Zoning Administrator has
not been complied with within the noticed compliance period 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 shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in § 1-4 of this Code. In addition, upon conviction, violators shall be liable to the Village for all disbursements, costs and fees incurred by the Village in the prosecution of such action, including reasonable attorney fees and other professional fees incurred by the Village.
[Amended by Ord. No. 1998-04-01]
A.
No vacant land shall be occupied or used and no building hereafter
erected, altered or moved shall be occupied until a certificate of
compliance shall have been issued by the Building Inspector. Such
certificate shall show that the building or premises or part thereof
and the proposed use thereof are in conformity with the provisions
of this chapter. Such certificate shall be applied for when application
is made for a zoning permit and shall be issued within 10 days after
the completion of the work specified in such zoning permit application,
but only if the building or premises and the proposed use thereof
conform to all the requirements of this chapter.
[Amended 9-17-2012 by Ord. No. 2012-09-01]
B.
Under such rules and regulations as may be established by the Village
Board, the Building Inspector may issue a temporary certificate of
compliance for part of a building.
C.
Upon written request from the owner, the Building Inspector shall
issue a certificate of compliance for any building or premises existing
on the effective date of this chapter, provided that on-site inspection
shows that the extent and kind of use made of the building or premises
conform to the provisions of this chapter.
[Added 8-18-2014 by Ord.
No. 2014-07-01]
A.
Cost
reimbursement; fees; agreements. Applicants shall reimburse the Village
for all administrative, engineering and legal service costs incurred
in the process of reviewing and acting on applications under this
chapter, including but not limited to applications for conditional
use permits, site plans, zoning changes, variance requests and other
permits or approvals under this chapter, and shall pay any related
fees, execute a cost recovery agreement, and provide the deposit or
surety as required under the Village fee schedule.
B.
Deposits.
To secure payment of costs, a deposit may be required in such sum
as listed in the Village's fee schedule and paid to the Village at
the time the application is submitted. If all of the expenses incurred
by the Village are reimbursed timely, the deposit shall be refunded
within 30 days after final action on the application. If the applicant
fails to reimburse the Village within 30 days of any billing, the
Village may withhold all further review or processing of the application
until such costs are paid. In addition, the Village may draw down
any deposits in the event that the fees and costs incurred by the
Village in reviewing and processing the petition are not timely paid
by the applicant.
