This chapter contemplates an administrative and enforcement
officer entitled the "Zoning Administrator" to administer and enforce
the same. Certain considerations, particularly with regard to granting
of permitted conditional uses, planned unit development conditional
uses, changes in zoning districts and Zoning Map, and amending the
text of this Zoning Code require review and recommendation by the
Plan Commission and ultimate action by the Village Board. A Zoning
Board of Appeals is provided to assure proper administration of the
chapter and to avoid arbitrariness.
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:
A.
Maintain records of all permits issued, inspections made, work approved
and other official actions.[1]
B.
Inspect all structures, lands and waters as often as necessary to
assure compliance with this chapter.
C.
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.
D.
Prohibit the use or erection of any structure, land or water until
he has inspected and approved such use or erection.
E.
Request assistance and cooperation from the Police Department and
Village Attorney as deemed necessary.
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, planned unit development
conditional uses, make changes and amendments in zoning districts
and the Zoning Map and to amend the text of this chapter.[1]
A.
Zoning permit 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.
B.
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)
Additional information as may be required by the Zoning Administrator
or Village Board (if involved).
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 application 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.
Certificate required. No vacant land hereafter developed; no building
hereafter erected, relocated, moved, reconstructed or structurally
altered; and no floodlands hereafter filled, excavated or developed
shall be occupied or used until a certificate of compliance has been
issued by the Zoning Administrator. Such certificate shall show that
the structure, premises or use is in conformity with the provisions
of this chapter.
B.
Application for certificate of compliance. Application shall be made in the same manner as for a zoning permit pursuant to § 520-122 and coincidental with application for zoning and/or building permit. Application for a certificate of compliance in the floodland districts shall include certification by a registered professional engineer or land surveyor that the plans therefor will fully comply with the floodland regulations set forth in this chapter; before certificate shall issue, further such certification by an engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.
C.
Existing uses. Upon written request from the owner, the Zoning Administrator
shall issue a certificate of compliance for any building or premises
existing at the time of the adoption of the chapter, certifying, after
inspection, the extent and kind of use made of the building or premises
and whether or not such use conforms to the provisions of this chapter.
D.
Nonconforming uses.
(1)
No nonconforming use shall be maintained, renewed or changed
until a certificate of compliance has been issued by the Zoning Administrator.
(2)
Certificates of compliance for the continued occupancy of nonconforming
uses existing at the time of the passage of this chapter shall be
issued by the Zoning Administrator, and the certificate shall state
that the use is a nonconforming one and does not conform with the
provisions of this chapter. The Zoning Administrator shall notify
the owner(s) of the property being used as nonconforming use.
[Amended 11-5-2003 by Ord. No. 9-2003]
A.
Establishment and purpose. The Village of Trempealeau hereby establishes
site plan and architectural review standards to promote stability
of property values; to promote compatible development; to encourage
the use of lands in accordance with their character and adaptability;
to protect certain public investments in the area; to foster the attractiveness
and functional utility of the community as a place to live and work;
to avoid the overcrowding of population; to lessen congestion on the
public roads and streets; to reduce hazards of life and property;
to preserve the character and quality of the built environment by
maintaining the integrity of those areas which have a discernible
character or are of special historic significance; to raise the level
of community expectations for the quality of its environment; and
to uphold the goals, strategies and guidelines of the Village's Comprehensive
Plan.
B.
Compliance. No use, development, structure, or sign shall hereafter
be erected, moved, reconstructed, extended, enlarged, or changed until
the Plan Commission has reviewed and approved site plans and architectural
plans for the site, structures, or signs for all uses within any Public
or Semipublic Zoning District, Multifamily Zoning District, Commercial/Business
Zoning District, Light Industrial District, and Industrial Zoning
District. The Plan Commission shall not approve any plans unless they
find after viewing and study of the application that the use, site,
structure, improvements, or sign, as planned will not violate the
intent and purposes of this chapter. Only after the Plan Commission
has approved of the submitted plan may the appropriate permit(s) be
granted.[1]
C.
Site plan review principles and standards. To implement the purposes
set forth in this section, the Plan Commission and staff shall review
the site, existing and proposed structures, neighboring uses, utilization
of landscaping and open space, parking areas, driveway locations,
loading and unloading, highway access, traffic generation and circulation,
drainage, sewage and water systems, and the proposed operation. The
Plan Commission will approve said site plans only after determining
that:
(1)
The proposed use(s) conforms to the uses permitted in the zoning
district.
(2)
No land shall be used or structure erected where the land is
unsuitable for such use or structure by reason of flooding, concentrated
runoff, inadequate drainage, adverse soil or rock formation, unfavorable
topography, or low bearing strength of underlying soil, erosion susceptibility
of underlying soil, or any other feature likely to be harmful to the
health, safety, prosperity, aesthetics and general welfare of this
community.
(3)
All lots shall abut a fully dedicated and improved public street
that has the full required width as required by that zoning district;
no building permit shall be issued for a lot which does not abut a
fully dedicated public street.
(4)
Lots abutting more restrictive districts boundaries shall provide
side and rear yard setbacks not less than those required in the more
restrictive abutting district.
(5)
The dimensional arrangement of buildings and structures shall
conform to the required area, yard, setback and height restrictions
of the Village Zoning Ordinance.
(6)
The proposed use conforms to all use and design provisions and
requirements (if any) as found in this chapter or any other codes
or laws for the specified uses.
(7)
There is a proper relationship between the existing and proposed
on-site buildings within the vicinity of the project in order to assure
the safety and convenience of pedestrian and vehicular traffic.
(8)
The proposed on-site buildings, structures, and entryways are
situated and designed to minimize adverse effects upon owners and
occupants of adjacent and surrounding properties by providing for
adequate design of ingress/egress, interior/exterior traffic flow,
stormwater drainage, erosion, grading, lighting, and parking as specified
by the Zoning Ordinance or any other Village ordinances or laws.
(9)
Natural features of the landscape are retained where they can
enhance the development on the site, or where they furnish a barrier
or buffer the project and adjoining properties used for dissimilar
purposes or where they assist in preserving the general safety, health,
welfare, and appearance of the neighborhood.
(10)
The site plan must adhere to the Village's requirements for
grading, drainage and landscaping.
(11)
Adverse effects of the proposed development and activities upon
adjoining residents or owners are minimized by appropriate screening,
fencing, or landscaping as provided or required by the Plan Commission
and the Zoning Ordinance.
(12)
Dumpsters and other trash receptacles are screened from view
from street rights-of-way and adjacent residential uses.
(13)
Land, buildings and structures are readily accessible to emergency
vehicles and the handicapped.
(14)
The site plan is consistent with the goals, objectives, principals,
standards, strategies and policies of the Village Comprehensive Plan
and various components thereof.
(15)
When a site plan modification or addition is reviewed, all existing
nonconformities and outstanding code violations shall be identified,
resolved and remedied.
(16)
All uses shall provide adequate off-street parking and loading
areas.
D.
Architectural review principles and standards. To implement the purposes
set forth in this section, the following architectural review principles,
criteria and review guidelines are established:
(1)
Agricultural buildings shall be designed to be appropriately
proportioned to the intended agricultural use.
(2)
Appearance. No building shall be permitted the design or exterior
appearance of which is of such unorthodox or abnormal appearance in
relation to its surroundings as to be unsightly or offensive to generally
accepted taste and community standards, as defined by the Plan Commission.
(3)
Building facades. In Village commercial districts, all building
exteriors shall be brick, decorative masonry, glass panel or other
appropriate finished facade as may be approved by the Plan Commission.
In Village industrial districts, all building exteriors facing a street
shall be brick, decorative masonry, glass panel, or other appropriate
finished facade as may be approved by the Plan Commission; such brick,
masonry, glass, or other decorative facing shall extend for a distance
of 20 feet along the sides of the structure. Public or semipublic
structures shall have exteriors in brick, decorative masonry, glass
panel, or other appropriate finished facade as may be approved by
the Plan Commission. Multifamily structures shall be built with varying
facades such as brick, aluminum siding, glass, wood, or any other
material required by the Plan Commission. The Village Plan Commission
may require additional building facade features to enhance a "theme"
appearance such as in the Historic District.
(4)
Building location. No building shall be permitted to be sited
in a manner which would unnecessarily destroy or substantially damage
the beauty of the area, particularly insofar as it would adversely
affect values incident to ownership of land in the area; or which
would unnecessarily have an adverse effect on the beauty and general
enjoyment of existing structures or signs on adjoining properties.
(5)
Building rooflines and roof shapes. The visual continuity of
roofs and their contributing elements (parapet walls, coping, cornices,
etc.) shall be maintained in building development or redevelopment.
(6)
Building scale and mass. The relative proportion of a building
to its neighboring existing buildings, to pedestrians or observers
or to other existing buildings shall be maintained or enhanced when
new buildings are built or when existing buildings are remodeled or
altered.
(7)
Colors. Since the selection of building colors has a significant
aesthetic and visual impact upon the public and neighboring properties,
color shall be selected in general harmony with the existing neighboring
buildings.
(8)
Heating, air conditioning and ventilating equipment. All shall
be located in a manner to be unobtrusive and screened from view.
(9)
Landscaping. All properties shall be landscaped according to
a Plan Commission approved landscape plan.
(10)
Light pollution. No lighting on the site shall be so bright
or so obtrusive that it, in the opinion of the Plan Commission, deters
from the quality of life for neighboring property owners. No lighting
on the site shall be so unorthodox that it detracts from the appearance
of the general area.
(11)
Monotony. No building shall be permitted the design or exterior
appearance of which is so identical with those adjoining as to create
excessive monotony or drabness in the area.
(12)
Overhead/dock doors. No overhead or dock door on any business
or industrial building shall face a public street. The Plan Commission
may permit overhead doors (not including docks) to face a public street
when it has made a finding that there is no feasible alternative location
for such doors.
(13)
Other standards. The Plan Commission may implement other architectural
standards upon a building or structure it deems appropriate to uphold
the purpose of this chapter and the Village Comprehensive Plan.
E.
Penalty for unauthorized modification. No development, building,
sign or structure may be moved, reconstructed, extended, enlarged,
altered or changed until the Plan Commission has reviewed and approved
such alteration. Any such violation of the provisions of this chapter
by any person shall be unlawful and shall be prosecuted. A violator
shall, upon conviction, forfeit to the municipality a penalty $50
for the first offense, and $200 per offense thereafter, together with
the taxable costs of such action. Each day of continued violation
shall constitute as a separate offense. Every violation of this chapter
is a public nuisance, and the creation may be enjoined, and the maintenance
may be abated by action at suit of the municipality, or any citizen
thereof pursuant to Wisconsin State Law.
F.
Appeals. Any person or persons aggrieved by any decisions of the
Plan Commission regarding use, approval, site plan review or architectural
review, may appeal the decision to the Zoning Board of Appeals. The
written appeal shall be filed with the Village Clerk-Treasurer within
15 days following the decision of the Plan Commission.
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 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.
