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, 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 Board of Appeals is provided to assure proper administration
of this chapter and to avoid arbitrariness.
A.
General duties. The Zoning Administrator is hereby designated as
the primary administrative officer for the provisions of this chapter.
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, except where otherwise provided. The Zoning Administrator
shall further:[1]
(1)
Issue all zoning certificates and make and maintain records, which
records shall be maintained in the Municipal Building.
(2)
Conduct inspections of buildings, structures, and use of land to
determine compliance with the terms of this chapter.
(3)
Maintain permanent and current records of this chapter, including
but not limited to all maps, amendments, conditional uses, variances,
appeals and applications therefor.
(4)
Provide and maintain a public information function relative to all
matters arising out of this chapter.
(5)
Receive, file and forward to the Village Clerk all applications for
amendments to this chapter.
(6)
Receive, file and forward to the Plan Commission all applications
for conditional uses.
(7)
Receive, file and forward to the Board of Appeals all applications
for appeals, variances, or other matters on which the Board of Appeals
is required to act under this chapter, and shall attend all Board
of Appeals meetings to provide technical assistance when requested
by the Board of Appeals.
(8)
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.
B.
Optional assignment of duties. Due to the size of the Village of
Athens, 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. It is therefore provided that the function of the Zoning Administrator
can be delegated to a committee of the Board, to another Village official,
or a single member of the Board or the Village President. An officer
other than a Board member or another employee of the Village may also
be designated to handle the duties of Zoning Administrator on a part-time
basis in addition to the other duties performed by such person.
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, 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.[1]
A.
Zoning certificate 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. 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 licensed 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.[1]
(4)
Additional information as may be required by the Zoning Administrator,
Village Board or Plan Commission (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 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 in an
R-4, R-5, B-1, B-2, I-1 or AEO District shall require site plan approval
by the Plan Commission in accordance with the requirements of this
section. (B-3 applicants shall be approved by the Community Development
Authority.)[1]
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 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 chapter.
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.
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.
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 shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Chapter 1, Article I, of this Code.
