The purpose of this article is to establish procedural requirements
for zoning text amendments, Zoning Map amendments, and various development
approvals under this chapter, including conditional use permits, temporary
use permits, variances, zoning permits, occupancy permits, sign permits,
and site plan review and approval.
Refer to §
510-141 for applicable requirements for sign permits.
[Amended 10-17-2011; 6-15-2015 by Ord. No.
2015-02; 10-18-2021 by Ord. No. 2021-10]
A. Purpose. The purpose of this section is to provide regulations governing the review and approval of occupancy permits. This procedure is required to ensure a completed development complies with the approved site plan (per the requirements of §
510-160) and the requirements of this chapter.
B. Applicability. Occupancy permits shall be required for any of the
following:
(1)
Occupancy and use of a building or structure hereafter erected
or structurally altered.
(2)
Change in use of an existing building, or portion thereof, when
the new use is of a different land use classification.
(3)
Change in ownership, tenancy or occupancy of a nonresidential
building or portion thereof.
(4)
Occupancy and use of vacant land.
(5)
New use of vacant land when the new use is of a different land
use classification.
(6)
With respect to a nonconforming use, any change in the use,
ownership, tenancy or occupancy. No change of ownership, tenancy or
occupancy or use shall take place until an occupancy permit has been
issued by the Building Inspector.
(7)
For new businesses located on Village-owned property, the occupancy
permit shall be considered for approval by the Village Board prior
to issuance.
C. Review and approval. All occupancy permits shall be subject to the
review of and issued by the Building Inspector. Businesses shall submit
requests for occupancy using form(s) obtained from the Village Clerk.
D. Issuance of occupancy permit.
(1)
Every application for a residential building permit shall also
be deemed to be an application for an occupancy permit for a new building
or for an existing building which is to be substantially altered or
enlarged as determined by the Building Inspector. Such occupancy permit
shall be issued within 10 working days after a written request for
the same has been made to the Building Inspector after the erection
or alteration of such building or part thereof has been completed
in conformity with the provisions of this chapter.
(2)
Written application for a nonresidential occupancy permit for
the use of vacant land or for a change in the use of land or of a
building, or for a change in a nonconforming use, a change in ownership,
tenancy or occupancy of a nonresidential building, or portion thereof
as herein provided, shall be made to the Building Inspector by submitting
the nonresidential occupancy application; if the proposed use is in
conformity with the provisions of this chapter, the occupancy permit
shall be issued within 10 working days after the application has been
made.
(3)
Every occupancy permit shall state that both the building and
the proposed use of a building or land substantially comply with all
provisions of this chapter. A record of all occupancy permits shall
be kept on file in the office of the Building Inspector, and copies
shall be furnished on request to any person having proprietary or
tenancy interest in the building or land affected.
E. Termination of occupancy permit. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in Subsection
B above without having first obtained an occupancy permit. Any permit issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Building Inspector, he shall forthwith revoke the occupancy permit by written notice to be delivered by him to the holder of the void permit upon the premises where the violation has occurred or, if such holder is not found there, by mailing said notice of revocation by certified letter to his last known address. Any person who shall proceed thereafter with such work or use without having obtained a new occupancy permit shall be deemed guilty of a violation of this chapter.
F. Fee. A fee may be required for this procedure. Refer to §
510-149.
[Added 5-20-2019 by Ord.
No. 2019-04]
A. Generally. There may be now or in the future certain uses of land that are not in compliance with this chapter, but which were legally established. These uses are referred to as "legal nonconforming uses," and consistent with the provisions of Article
IX are allowed to continue to operate. For this reason, it is necessary to document those uses that are considered legal nonconforming. Registration of a use as a legal nonconforming use establishes (1) when the use was first established; (2) that the use at the time of establishment complied with the Village's zoning regulations in effect at the time, if any; (3) that the use has continued continuously, without cessation of more than 12 continuous months; and (4) the nature of the use when the use became nonconforming. The procedures and requirements in this section are intended to comply with § 60.61(5)(d), Wis. Stats.
B. Initiation. Any of the following may submit an application to register
a specific land use as a legal nonconforming use:
(1)
A person having a financial interest in the subject property
or in the use occurring on the property;
(2)
The Zoning Administrator;
(4)
The Village Board, or any member thereof.
C. Review procedure. The general steps outlined below shall be used
in the review of an application for the registration of a legal nonconforming
use.
(1)
Submittal of application materials. The applicant submits a
completed application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
(2)
Determination of completeness. The Zoning Administrator will
review the submittal within 10 days of receiving the application and
other required materials to make sure it is complete and ready for
further review. If it is not complete, the Zoning Administrator will
notify the applicant in writing of such deficiencies and that the
applicant has three months from the date of the notice to resubmit
the application or forfeit the application fee. The Zoning Administrator
may not take any further steps to process the application until the
deficiencies are remedied. The incomplete application must be retained
as a public record.
(3)
Review date. When the Zoning Administrator determines the application
is complete, he or she will schedule the review with the Plan Commission
consistent with its meeting calendar allowing for proper notice.
(4)
Public hearing notice. The Zoning Administrator will publish
a class II public hearing notice.
(5)
Notice to property owner. If the applicant is not the property
owner, the Zoning Administrator will send a notice to the property
owner at least two weeks in advance of the public hearing.
(6)
Plan Commission meeting. Allowing for proper notice, the Plan
Commission will consider the application at a regular or special meeting.
(7)
Recommendation. The Plan Commission will make a recommendation
to the Village Board as set forth in this section. The Plan Commission
may render its decision at the same meeting the matter was initially
considered or at a subsequent meeting, but no later than 40 days after
the date of the initial meeting unless the applicant agrees to an
extension of a specified duration.
(8)
Village Board meeting. Allowing for proper notice, the Village
Board will consider the application at a regular or special meeting.
(9)
Decision. After considering the Plan Commission's recommendation,
the Village Board will make a final decision as set forth in this
section.
(10)
Preparation of decision notice. Based on the action of the Village
Board, the Zoning Administrator will prepare a written decision notice
consistent with this section.
(11)
Applicant/property owner notification. Within a reasonable time
following the Village Board's decision, the Zoning Administrator will
provide a copy of the decision notice to the Village Board, Plan Commission,
and others as may be appropriate. The original will be mailed to the
property owner by regular mail.
(12)
Public record copy. A copy of the decision notice will be retained
as a public record.
(13)
Inclusion in registry. If the application is approved, the Zoning Administrator will include the legal nonconforming use in the registry authorized in §
510-64A.
D. Basis of decision.
(1)
A legal nonconforming use must meet each of the following:
(a)
The use was legally established;
(b)
The use as it existed when it became nonconforming is not allowed
in the zoning district in which it is now located either by right
or as a conditional use; and
(c)
The use has continued from the date when it became nonconforming
to the current date without an interruption of more than 12 continuous
months.
(2)
If it is not possible to clearly establish the exact date when
the use was legally established, the Village Board may prescribe a
date that will be deemed to be the date of establishment if it determines
it is reasonable to do so based on the information it has reviewed.
Similarly, if it is not possible to clearly establish the precise
nature of the use on the date it became nonconforming, the Village
Board may establish the nature of the use in its decision notice,
if it determines it is reasonable to do so based on the information
it has reviewed.
E. Application form and content.
(1)
The application submittal must include an application form as
used by the Village and a scaled drawing of the subject property and
the location of the land use on the property. At a minimum, the application
form should request the following information:
(a)
The date, or approximate date, the use was first established
or believed to be first established;
(b)
Evidence showing that the use at the time of establishment was
legally established;
(c)
The date, or approximate date, when the use became nonconforming;
(d)
The section of the zoning regulation causing the use to be nonconforming;
(e)
Evidence showing that the use has continued from the date, or
approximate date, of establishment to the current date without an
interruption of more than 12 continuous months; and
(f)
The nature of the use and location on the subject property.
(2)
Sources of such information may be derived from any of the following:
(a)
Written document (e.g., business license, meeting minutes, reports,
planning documents, or a permit or other authorization) maintained
by a local, state, or federal governmental body;
(e)
A sworn affidavit supplied by the applicant or any other person;
or
(f)
Any other authoritative source deemed acceptable by the Village
Board.
F. Content of decision notice for approval. If the application for registering
a legal nonconforming use is approved, the decision notice should
include the following:
(1)
The date the use was first established;
(2)
The date the use became nonconforming;
(3)
A description of the use, including the scope of the use, its
location, and any operating characteristics, when the use became nonconforming;
(4)
If the Village Board determines the use has been illegally expanded
over time (i.e., location, area, extent, mode of operation, or other
parameter), a statement describing those aspects of the existing use
that must be removed consistent with an established timeline;
(5)
A statement that the applicant or other party may appeal the
decision to a court of competent jurisdiction;
(6)
Other information the Village Board or Zoning Administrator
deems appropriate;
(7)
The signature of the Zoning Administrator on behalf of the Village
Board; and
(8)
The date of the decision.
G. Content of decision notice for denial. If the application for registering
a nonconforming use is denied, the decision notice should include
the following:
(1)
A statement that the use cannot be classified as a legal nonconforming
use based on the information that was reviewed;
(2)
A description of the use;
(3)
A reason for the decision;
(4)
A statement indicating that the denial does not limit the applicant's
ability to resubmit a revised application for consideration;
(5)
A statement that the applicant may appeal the decision to a
court of competent jurisdiction;
(6)
Other information the Village Board or Zoning Administrator
deems appropriate;
(7)
The signature of the Zoning Administrator on behalf of the Village
Board; and
(8)
The date of the decision notice.
H. Effect of decision.
(1)
Generally. If the Village Board determines that a land use meets
the criteria for a legal nonconforming use, such decision constitutes
documentary evidence establishing the legitimacy of the use as a legal
nonconforming use.
(2)
Expansion not authorized. If a land use was legally established,
but has been illegally expanded over time (i.e., area, extent, mode
of operation, or other parameter) after the date the use became nonconforming,
such expansion must be removed in keeping with a timeline established
by the Village Board.
I. Revocation or modification of a prior approval. The Village Board
may revoke or modify a final decision made pursuant to this section
if it is determined that (i) information the Board relied upon in
making its decision was false, misleading, or inaccurate; (ii) new
or additional information shows the use does not qualify as a legal
nonconforming use; or (iii) the section of the zoning code creating
the nonconforming use no longer exists.
J. Appeal. An aggrieved person may file an appeal with a court of competent
jurisdiction within 30 days of the date of the Village's final decision
notice.
[Added 5-20-2019 by Ord.
No. 2019-04]
A. Content of registry. The Zoning Administrator is authorized to develop
and maintain a registry of:
(1)
Lots known by him or her to be considered legal nonconforming;
(2)
Structures known by him or her to be considered legal nonconforming;
(3)
Signs known by him or her to be considered legal nonconforming;
and
(4)
Land uses registered as a legal nonconforming use consistent with the requirements in §
510-162A of this chapter.
B. Form of registry. At the discretion of the Zoning Administrator,
the registry may consist of either a written list or digital records.
C. Disclaimer. Given the nature of the registry, the Village does not
warrant that such information is complete and/or accurate in all respects.