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Village of Kronenwetter, WI
Marathon County
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Table of Contents
Table of Contents
The purpose of this article is to establish the administrative and enforcement framework for the application of this chapter.
A. 
Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Village Board may, by ordinance, amend the zoning regulations of this chapter. All such amendments shall first be subject to the review and recommendation of the Plan Commission.
B. 
Initiation. An amendment to the zoning regulations may be initiated by the Village Board or Plan Commission, by recommendation of Village staff to either of these two bodies, or by any member of the general public.
C. 
Application requirements for amendment to zoning regulations. No application for amendment to the zoning regulations shall be placed on any agenda as an item to be acted upon unless the Zoning Administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the Zoning Administrator with the complete application certified by the Zoning Administrator, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the Zoning Administrator. Said complete application shall be composed of all of the following:
(1) 
A copy of the portion of the current provisions of this chapter that are proposed to be amended, with said provisions clearly indicated in a manner that is clearly reproducible with a photocopier.
(2) 
A copy of the text that is proposed to replace the current text.
(3) 
Written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the Comprehensive Plan.
(4) 
A fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
D. 
Zoning Administrator review and recommendation.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the Zoning Administrator shall entitle a public hearing under Subsection F. The Zoning Administrator or designee shall inform the applicant if the application is incomplete in his or her determination.
(2) 
If complete, the Zoning Administrator or designee shall prepare a written evaluation of the application based on the criteria for amending the zoning regulations in Subsection G. The Zoning Administrator or designee shall forward a copy of the evaluation to the Plan Commission, Village Board, and applicant.
E. 
Notice of public hearing. Following acceptance of a complete application as determined by the Zoning Administrator, the Village Clerk, in coordination with the Zoning Administrator, shall schedule a public hearing before the Plan Commission, to be held within 45 days after acceptance of a complete application. Notice of the time, place, and purpose of such hearing shall be published by the Village at least two times in a newspaper of general circulation in the Village of Kronenwetter seven calendar days prior to the date of the public hearing. The Village Clerk, in coordination with the Zoning Administrator, shall also send said notice to the applicant and the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter at least 10 days prior to the date of such public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.
F. 
Public hearing and recommendation. The Plan Commission shall hold a public hearing on all proposed amendments to the zoning regulations. Following the public hearing, and after consideration of comments provided therein, the Plan Commission shall review the proposed amendments to the zoning regulations and shall within 45 days of the public hearing make a recommendation to the Village Board that the application be granted as requested, modified, or denied. If the Commission fails to make a recommendation within this time frame, the proposed amendment shall be forwarded to the Village Board without recommendation.
G. 
Review criteria for amendments to zoning regulations. The Plan Commission and Village Board shall utilize the following criteria when reviewing each application to amend the text of this chapter:
(1) 
Is the proposed text amendment consistent with the Comprehensive Plan, as is required by Wisconsin Statutes?
(2) 
Does the proposed text amendment further the purposes and intent of this chapter and section to which the amendment is proposed?
(3) 
Does the amendment address any of the following deficiencies or omissions as compared to the current language of this chapter?
(a) 
A change has occurred in the land market, or other factors have arisen that require a new form of development, a new type of land use, or a new procedure to meet said change(s).
(b) 
New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors.
(c) 
Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.
(d) 
There is an error or internal inconsistency in this chapter.
(4) 
Does the proposed amendment maintain the desired compatibility with allowable land uses, land use intensities, and impact on resources of the affected zoning district(s)?
H. 
Village Board action.
(1) 
The Zoning Administrator shall schedule the proposed amendment for potential Village Board action. The Village Board shall, within 120 days of submittal of a complete application, act to approve or reject the proposed amendment, except if extended by written or electronic agreement from the applicant. Failure of the Board to act within such time frame (unless said deadline is extended by written agreement of the applicant) shall constitute approval of any complete application as presented.
(2) 
The Village Board may approve an amendment by a simple majority of a voting quorum.
I. 
Effect of denial. No application that has been denied shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
J. 
Fee. A fee may be required for this procedure, as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
A. 
Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Village Board may, by ordinance, amend the Official Zoning Map of this chapter. Such amendments, often called "rezonings" or "zoning map amendments," shall first be subject to the review and recommendation of the Plan Commission.
B. 
Initiation. An amendment to the Official Zoning Map may be initiated by any member of the Village Board or Plan Commission, by recommendation of Village staff to either of these bodies, or by an application by the owner(s) of property proposed for rezoning.
C. 
Applications for amendment to Official Zoning Map. No application for amendment to the Official Zoning Map shall be placed on any agenda as an item to be acted upon unless the Zoning Administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the Zoning Administrator with the complete application certified by the Zoning Administrator, including an easily reproducible electronic copy plus hard copies in a quantity directed by the Zoning Administrator. A complete application shall be composed of all of the following:
(1) 
A completed Zoning Map amendment application form furnished by the Zoning Administrator.
(2) 
A map showing the entire subject property included in the proposed map amendment, including lot boundaries and dimensions of the subject property.
(3) 
An easily reproducible electronic copy of the legal description of the property.
(4) 
Written justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the Comprehensive Plan and other review criteria of this section.
(5) 
Any required fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
D. 
Zoning Administrator review and recommendation.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the Zoning Administrator shall entitle a public hearing under Subsection F. The Zoning Administrator shall inform the applicant if the application is incomplete in his or her determination.
(2) 
Once the Zoning Administrator determines the application is complete, the Zoning Administrator or designee shall authorize a public hearing and prepare a written evaluation of the application based on the criteria for amending the Official Zoning Map in Subsection G. The Zoning Administrator or designee shall forward a copy of the evaluation to the Plan Commission, Village Board, and applicant.
E. 
Notice of public hearing. Following acceptance of a complete application as determined by the Zoning Administrator, the Village Clerk, in cooperation with the Zoning Administrator, shall schedule a public hearing before the Plan Commission to be held within 45 days after acceptance of a complete application. Notice of the time, place, and purpose of such hearing shall be published by the Village at least two times in a newspaper of general circulation in the Village of Kronenwetter seven calendar days prior to the date of the public hearing. The Village Clerk, in cooperation with the Zoning Administrator, shall also send said notice to the applicant, owners of record of all lands within 100 feet of the boundaries of the subject property, and the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter at least 10 days prior to the date of such public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.
F. 
Public hearing and recommendation. The Plan Commission shall hold a public hearing on all proposed amendments to the Official Zoning Map. Following the public hearing, and after consideration of comments provided therein, the Plan Commission shall review the proposed amendment to the Official Zoning Map and shall within 45 days of the public hearing make a recommendation to the Village Board that the application be granted as requested, modified, or denied. If the Commission fails to make a recommendation within this time frame, the proposed amendment shall be forwarded to the Village Board without recommendation. Such deadline may be extended by written or electronic agreement from the applicant.
G. 
Review criteria for amendments to Official Zoning Map. The Plan Commission and Village Board shall utilize the following criteria when reviewing each application to amend the Official Zoning Map:
(1) 
Is the proposed rezoning consistent with the Comprehensive Plan, as is required by Wisconsin Statutes?
(2) 
Does the rezoning further the purpose and intent of this chapter?
(3) 
Does the rezoning address any of the following that are not properly addressed on the current Official Zoning Map?
(a) 
A mistake was made in mapping on the Official Zoning Map. That is, an area is or has developed in a manner and purpose different from that for which it is mapped. If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the Village may intend to stop an undesirable land use pattern from being perpetuated.
(b) 
Factors have changed, such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes, making the subject property more appropriate for a different zoning district.
(c) 
Growth patterns or rates have changed, thereby creating the need for a rezoning.
(4) 
Does the proposed zoning district maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?
(5) 
Does the rezoning meet the minimum requirements for frontage or parcel size? A lot, lots, or parcel of land shall not qualify for a Zoning Map amendment unless it possesses 200 feet of frontage or contains 25,000 square feet of area, or adjoins a lot, lots, or parcel of land which bears the same zoning district classification as the proposed Zoning Map amendment.
(6) 
For applications to rezone land to a multifamily, commercial or industrial zoning district, is, or will there be, adequate public infrastructure available to accommodate the range of uses allowed in that zoning district?
H. 
Village Board action.
(1) 
The Zoning Administrator shall schedule the proposed amendment for potential Village Board action. After careful consideration of all comments, the Village Board shall, within 120 days of submittal of a complete application, act to approve or reject the proposed amendment, unless extended by written or electronic agreement of the applicant. Failure of the Board to act within 120 days of submittal of a complete application (unless said deadline is extended by agreement of the applicant) shall constitute approval of the application as presented.
(2) 
The Village Board may approve an amendment by a simple majority of a voting quorum, except that when an official protest against the proposed amendment to the Official Zoning Map is signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed amendment or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, then approval of the amendment to the Official Zoning Map shall require a favorable vote from 3/4 of the members of the Village Board voting on the proposed change.
I. 
Effect of denial. No application that has been denied shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
J. 
Fee. The Village may require a fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
A. 
Applicability. No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, structurally repaired, or structurally altered, and no other action requiring a zoning permit under this chapter shall occur, until after the owner or his agent has secured a zoning permit or building permit. Every application for a zoning permit or building permit shall be deemed to be an application for a certificate of occupancy, governed under § 520-125.
B. 
Application. Each application for a zoning permit shall include the following:
(1) 
The name and address of the applicant, owner of the site, architect, professional engineer, and contractor.
(2) 
A description of the subject site by lot, block, and recorded subdivision, or by metes and bounds (or plat of survey); address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees if related to meeting parking standards in this chapter; and the zoning district within which the subject site lies. The Zoning Administrator shall require the builder to survey the lot upon which the structure is being built if corner markers are not identified and lot lines cannot be accurately established without a survey.
(3) 
A map showing the locations, dimensions, and areas of all existing and proposed structures; existing and proposed easements; streets and other public ways; off-street parking (including spaces), loading areas, and driveways; existing highway access restrictions; outdoor storage areas; high water, channel floodway, and floodplain boundaries; and existing and proposed street, side, and rear yards.
(4) 
For structures intended for nonresidential use, an operational plan including the hours of operation; number of employees total and per largest shift; expected loading and outdoor activities; fire suppression measures; and emergency alarms, management plans, and contact information.
(5) 
A list or copies of required federal, state, and county permits and licenses that will be required.
(6) 
Additional information as may be required by the Zoning Administrator.
(7) 
A fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
C. 
Granting of zoning permit. A zoning permit shall be granted or denied by the Zoning Administrator (or Building Inspector where the Village combines the zoning permit and building permit) in writing within 20 days of a complete application (unless extended by written or electronic agreement of the applicant), and the applicant shall post such permit in a conspicuous place at the site.
D. 
Expiration of zoning permit. The zoning permit shall become void unless visible on-site construction is commenced within six months from the date of issuance of the permit or if the building or work authorized by such permit is suspended at any time after work is commenced for a period of 60 days. The period of time may be extended by the Zoning Administrator if the delay was due to conditions beyond the control of the applicant. All permits granted under the terms of this section shall be valid for only 24 months, unless otherwise so regulated by the Wisconsin Administrative Code.
E. 
Relationship to building permit. Where a building permit is also required for the project per Chapter 218, the Village may combine the building permit and zoning permit into a single application and a single approval.
F. 
Fees. The Village may require a fee for this procedure, as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
No building shall be erected, structurally altered, or relocated until a building permit has been issued by the Building Inspector certifying that such building, as proposed, would be in compliance with the provisions of this chapter and with Chapter 218. No building permit shall be issued until zoning compliance is determined.
A. 
Initiation of conditional use permit. Any person, firm, corporation, or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest or an exclusive possessory interest, and that is specifically enforceable on the land for which a conditional use is sought, may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.
B. 
Application for conditional use permit. No application for a conditional use permit shall be placed on any agenda as an item to be acted upon unless the Zoning Administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the Zoning Administrator with the complete application certified by the Zoning Administrator, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the Zoning Administrator. Said complete application shall be composed of all of the following:
(1) 
A completed conditional use permit application form furnished by the Zoning Administrator.
(2) 
A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.
(3) 
A site plan of the subject property, with any alterations as may be proposed to accommodate the conditional use. If the conditional use will make use of existing site improvements only, a site plan need only be of sufficient detail to confirm the portion of the site used by the conditional use.
(4) 
Written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the approval criteria set forth in this section.
(5) 
Any other plans and information deemed necessary by the Zoning Administrator or the Plan Commission to ensure that the intent of this chapter is fulfilled.
(6) 
A fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
C. 
Zoning Administrator review and recommendation.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the Zoning Administrator shall entitle a public hearing under Subsection D. The Zoning Administrator shall inform the applicant if the application is incomplete in his or her determination.
(2) 
Once the Zoning Administrator determines that the application is complete, the Zoning Administrator or designee shall authorize the public hearing and prepare a written evaluation of the application based on the criteria for evaluating conditional use permits in Subsection G below. The Zoning Administrator shall forward a copy of the evaluation to the Plan Commission.
D. 
Public hearing. Following acceptance of a complete application, the Village Clerk shall schedule a public hearing before the Plan Commission to be held within 45 days after acceptance of a complete application as determined by the Zoning Administrator. Notice of the time, place, and purpose of such hearing shall be published by the Village at least two times in a newspaper of general circulation in the Village of Kronenwetter seven calendar days prior to the date of the public hearing. The Village Clerk shall also send said notice to the applicant, owners of record of all lands within 100 feet of the boundaries of the subject property, and the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter at least 10 days prior to the date of such public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.
E. 
Review and action by Plan Commission. Within 60 days after the public hearing, or an extension of said period requested in writing or electronic format by the applicant and granted by the Commission, the Plan Commission shall take final action on the conditional use permit request. The Commission may approve the conditional use as originally proposed, may approve the proposed conditional use with conditions or modifications, or may deny approval of the proposed conditional use and include reasons for denial. Any action to approve or amend the proposed conditional use permit requires a majority vote of Commission members in attendance.
F. 
Appeal to Village Board. An appeal of a decision under Subsection E may be taken to the Village Board by any person, firm or corporation or any officer, department, board, commission or agency of the Village who is aggrieved by the decision. Such appeal shall be made in writing to the Zoning Administrator within 10 days after the date of the Commission's decision. In the case of an appeal:
(1) 
The Zoning Administrator and Building Inspector shall issue no permits to enable commencement or continuation of building and other activities authorized by the conditional use permit and shall issue a stop-work order for any such activities already commenced.
(2) 
The Zoning Administrator shall immediately notify the applicant and property owner of the appeal in writing and shall schedule the appeal for Village Board consideration.
(3) 
The Village Board shall, by resolution, make a final decision to grant, with or without conditions, or to deny each application for a conditional use permit after receiving and reviewing the Commission's findings and making its own findings as to whether or not the proposed use will satisfy the standards for approval set forth in Subsection G and shall have all of the powers of the Commission under this section. The Village Board's determination shall be final and subject to appeal to the circuit court under any procedure authorized by statute.
G. 
Review criteria for conditional use permit. Each requested conditional use permit shall meet the following criteria (achieve "yes" answers) to be approved:
(1) 
Is the proposed conditional use in harmony with the Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted by the Village?
(2) 
The proposed conditional use does not, in its proposed location and as depicted on the required site plan, result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted by the Village?
(3) 
Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?
(4) 
Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities, or services provided by public agencies serving the subject property?
(5) 
Do the potential public benefits of the proposed conditional use outweigh potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts?
H. 
Issuance and recording of permit. Within 30 days following the granting of a conditional use permit, the Zoning Administrator shall issue to the applicant a written conditional use permit enumerating the details of the conditional use permit, including what land use(s) and/or development was approved and any conditions of approval. The Zoning Administrator shall record the conditional use permit against the property, assigning all costs thereof to the applicant.
I. 
Effect of denial. No conditional use permit application that has been denied shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
J. 
Termination of approved conditional use. Once a conditional use permit is granted, no erosion control permit, site plan approval, certificate of occupancy, zoning permit, or building permit shall be issued for any development that does not comply with all requirements of the conditional use permit and this chapter. Any conditional use found not to be in compliance with the terms of this chapter or the approved conditional use permit shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use permit may be revoked for such a violation by the Plan Commission, following the procedures outlined for original granting of a conditional use permit.
K. 
Time limits on development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of approval of the associated conditional use permit and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use permit. For the purposes of this section, "operational" shall be defined as occupancy of the conditional use.
L. 
Renewals. The permit holder may submit an application for renewal along with the appropriate fee for renewal prior to the expiration of the time limit on the permit. No conditional use permit renewal shall be required to go through a new public hearing.
M. 
Discontinuance of approved conditional use. Any and all conditional uses that have been discontinued for a period exceeding 365 days shall have their conditional use permit automatically invalidated. The burden of proof shall be on the property owner to conclusively demonstrate that the conditional use was operational during this period.
N. 
Change of ownership. All requirements of the approved conditional use permit shall be continued regardless of ownership of the subject property and shall run with the land, except as otherwise limited by this chapter or by a specific condition attached to the conditional use permit. Modification, alteration, or expansion of any conditional use in violation of the approved conditional use permit, without approval by the Plan Commission, shall be considered a violation of this chapter and shall be grounds for revocation of said conditional use permit.
O. 
Uses now regulated as conditional uses that were legal land uses (permitted by right or as conditional uses) prior to effective date of this chapter. A use now regulated as a conditional use that was a legal land use — either permitted by right or as a conditional use — prior to the effective date of this chapter shall be considered as a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any substantial modification of such use or any previously approved condition of such use, in the determination of the Zoning Administrator, shall require application and Village consideration of a new conditional use permit under this section.
A. 
Purpose.
(1) 
The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary uses, as described in this chapter.
(2) 
Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed on a permanent basis under the general requirements of this chapter. Owing to their varied nature, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent undesirable outcomes, all temporary uses are required to meet requirements of this section, of § 520-28, and applicable within the zoning district in which the subject property is located.
(3) 
Allowable temporary uses permitted within each zoning district are listed in Article III of this chapter.
(4) 
Every application for a temporary use shall be deemed to be an application for a temporary certificate of occupancy, governed under § 520-125.
B. 
Regulations applicable to all temporary uses. No public hearing is required to review a temporary use that is permitted by right in the zoning district; however, a demonstration that the applicant proposes to meet all temporary use requirements of this section must be made at time of application. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
C. 
Application requirements. All applications for proposed temporary uses shall be approved as complete by the Zoning Administrator prior to certification of the proposed temporary use. Said complete application shall be composed of all of the following:
(1) 
A map of the subject property showing all lands for which the temporary use is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) that maintains that control. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier.
(2) 
A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.
(3) 
The Zoning Administrator may require a site plan of the subject property. Said site plan shall conform to those requirements of § 520-124 deemed necessary by the Zoning Administrator.
(4) 
The Zoning Administrator may require some or all of the information normally required for an application for a zoning permit under § 520-119B.
(5) 
A fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
D. 
Action on requested temporary use. Except for those temporary uses that require a conditional use permit under Article III, action on an allowable temporary use shall be taken by the Zoning Administrator within 10 working days of a complete application, except where extended by written or electronic agreement of the applicant. Such action may include approval, conditional approval to meet the requirements of this chapter, or denial if compliance with this chapter cannot be achieved. If the temporary use is approved, the Zoning Administrator shall issue a written permit enumerating the details of the temporary use, including what temporary land use(s) and/or development was approved and any conditions of approval. For those temporary uses that are listed as conditional uses under Article III, a conditional use permit shall first be required.
E. 
Fee. The Village may require a fee for this procedure, as established by the Village Board and stated in the Village of Kronenewetter's fee schedule.
Sign permits shall be issued in accordance with the procedures and requirements set forth in § 520-101, and other applicable procedures set forth in Article XIII.
A. 
Applicability. Site plan approval shall be required in advance of construction for all development projects that are listed in § 520-16J or as otherwise stated elsewhere in this chapter.
B. 
Pre-application conference. Prior to the official submission of an application for site plan review, the applicant shall confer with the Zoning Administrator or designee. The purpose of this conference will be to discuss the proposed nature of the contemplated development project. The Zoning Administrator or designee may also refer the matter to the Plan Commission for concept plan review prior to submittal of a formal application.
C. 
Application completeness. The applicant shall submit a site plan application to the Zoning Administrator. The site plan application shall not be placed on an agenda as an action item unless the application is approved and certified as complete by the Zoning Administrator. The review of a site plan application for completeness shall occur within 10 working days of application submittal, or else the application shall be considered complete. The Zoning Administrator shall notify the applicant of the date and time of the Plan Commission meeting. Applications must be complete at least 10 days in advance of a Commission meeting to be scheduled for action at such meeting (as opposed to the subsequent meeting), except under acceptable circumstances as determined by the Zoning Administrator. Following acceptance of a complete application, the Zoning Administrator shall send notice of the time, place, and purpose of the Commission meeting to owners of record of all lands within 100 feet of the boundaries of the subject property.
[Amended 4-11-2017 by Ord. No. 17-10]
D. 
Application contents. The applicant shall provide the Zoning Administrator with the complete application certified by the Zoning Administrator, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the Zoning Administrator. Except as otherwise allowed below or with the express approval of the Zoning Administrator, the application shall include the following information within the site plan or in supporting documentation to be considered complete:
(1) 
A completed application on a form provided by the Zoning Administrator.
(2) 
A title block that indicates the name, address, and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for the project.
(3) 
The date of the original plan and the latest date of revision to the plan.
(4) 
A North arrow and a graphic scale.
(5) 
A legal description or plat of survey of the subject property.
(6) 
All property lines and existing and proposed right-of-way lines, with bearings and dimensions clearly labeled.
(7) 
Delineations and labels of floodplains, shoreland-wetlands, shoreland areas, steep slopes, and other natural resource areas.
(8) 
All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.
(9) 
All required building setback lines/minimum yards applicable to the zoning district(s), including setbacks from natural resource areas.
(10) 
A grading plan at the same scale as the main site plan, showing existing and proposed grades; finish floor elevations of all existing and proposed buildings; elevations of adjacent curbs, property lines, and street center lines; and retention walls and related devices.
(11) 
An erosion control plan meeting applicable state and local requirements.
(12) 
The location of existing and proposed stormwater management and structures, along with any technical data required by the Director of Public Works or designee, to determine the adequacy of the proposed facilities.
(13) 
Proposed land use or uses, with projected number of employees, residents, and maximum customer capacity.
(14) 
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, walls, wells (in use or abandoned), on-site waste treatment tank locations and drainage fields, labeling actual and proposed setbacks from all lot lines.
(15) 
The location and dimension of all access points onto public streets.
(16) 
The location and dimension of all on-site parking (and, if applicable, off-site parking), including a summary of the number of parking stalls provided versus required by this chapter.
(17) 
The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas.
(18) 
The location of all outdoor storage areas, including dumpsters, and the design and materials for all screening fences.
(19) 
The location of all outdoor areas for daily, seasonal, or longer-term sales, display, and/or collection of merchandise, including but not limited to donation dropoff boxes and vending machines.
(20) 
The location, type, height, fixture design, and cut-off angle of all exterior lighting, including a detailed photometric plan showing the distribution of light output across the property to the property lines.
(21) 
A detailed landscaping plan for the subject property at the same scale as the main plan showing the location, type, and size of all proposed landscaping.
(22) 
Elevation drawings, drawn to a recognized architectural scale, of proposed buildings or proposed remodeling of existing buildings, to include exterior or roof mechanical equipment and lighting, and showing finished exterior treatment, with adequate labels provided to clearly depict exterior materials, texture, color, and overall appearance.
(23) 
The location, type, height, size and lighting of all existing signage on the subject property, and for proposed signage to the extent practical at the time. Multitenant retail centers and group developments shall provide a sign plan for the project that:
(a) 
Meets the submittal requirements of § 520-101B.
(b) 
Includes proposed signable areas on building facades.
(c) 
Includes a group development sign with space for individual business identification, if desired.
(24) 
In the site plan map legend, the following additional data for the subject property:
(a) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(24)(a), listing proposed or existing zoning, was repealed 4-11-2017 by Ord. No. 17-10.
(b) 
Lot area.
(c) 
Total number and type of residential dwelling units (if applicable).
(d) 
Total gross floor area of the building and outdoor storage space.
(e) 
Landscape surface area, and percentage of site to be covered in green space.
(f) 
Building heights.
(25) 
Plans and methods for fire control and suppression, which may include hydrants, sprinklers, alarms, and/or access rooms. Compliance with the Fire Code shall be required.
(26) 
If hazardous materials are to be kept or stored on site, a written description of such materials and the operations involving such materials conducted on their property. The Village may also require a process safety management, risk management, containment, and emergency response program.
(27) 
A fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
E. 
Review by other local staff. Promptly upon his or her approval of a complete site plan application, the Zoning Administrator shall forward the complete site plan application and all associated materials to the following: Village Administrator, Building Inspector, Public Works Director, Police Chief, and Fire Inspector. Such persons may review the site plan application, and if so shall provide advice and recommendations to the Zoning Administrator within five days of their receipt of such materials to assure consideration in the Zoning Administrator's report.
F. 
Zoning Administrator review and recommendation. The Zoning Administrator or designee shall prepare a written evaluation of the application based on the criteria for site plan approval in Subsection G. The Zoning Administrator or designee shall forward a copy of the evaluation to the Plan Commission, Village Board, and applicant.
G. 
Site plan review criteria. In acting on any site plan approval request, the appropriate site plan approval authority shall review the request against all applicable requirements of this chapter. Should additional public facilities be needed to serve the proposed site, the approval authority 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.
H. 
Action by Plan Commission; appeal procedure. Except as provided in Subsection I, the Plan Commission shall, within 45 days of a complete submittal, approve the site plan as presented, approve the site plan with conditions, or reject the site plan, indicating reasons for rejection, unless this time frame is extended by written agreement of the applicant. Such deadline may be extended by written or electronic agreement from the applicant. The Zoning Administrator shall notify the applicant of such action in writing on a form designed for that purpose. Within 20 days of such action, the applicant may appeal in writing all or part of the Plan Commission's decision to the Village Board. During the appeal process, the Zoning Administrator and Building Inspector are authorized to hold the issuance of permits to enable commencement or continuation of building and other activities authorized by the Zoning Administrator's decision, and to issue a stop-work order for any such activities already commenced. The Village Board may affirm, modify, or reverse the Plan Commission's decision. The Plan Commission shall inform the Village Board of all site plans submitted, reviewed, approved, and rejected under this Subsection H during each meeting.
I. 
Action by Village Board.
(1) 
The Plan Commission shall not determine a site plan application, but shall forward the complete site plan application or components thereof, all associated materials, and a report and recommendation to the Village Board in all cases where at least one of the following conditions is present:
(a) 
The applicant has indicated on the application form a desire for Village Board action instead of Plan Commission action.
(b) 
The application is filed concurrently with a rezoning application for the same site.
(c) 
The site plan is for a large retail and commercial service development as described in § 520-77.
(d) 
The site plan proposes public improvements other than driveway connections to public streets and sanitary sewer or water lateral connections to existing public mains, or in the opinion of the Commission requires such improvements.
(e) 
A written agreement between the Village and applicant requires Village Board approval of the site plan.
(2) 
In the above instances, the Village Board shall, between 10 and 60 days of submittal of Plan Commission referral, approve the site plan as presented, approve the site plan with conditions, or reject the site plan, including reasons for rejection, unless this time frame is extended by written or electronic agreement of the applicant. The Zoning Administrator shall notify the applicant of such action in writing on a form designed for this purpose.
J. 
Appeal to Village Board. An appeal of a decision under Subsection H may be taken to the Village Board by any person, firm or corporation or any officer, department, board, commission or agency of the Village who is aggrieved by the decision. Such appeal shall be made in writing to the Zoning Administrator within 10 days after the date of the Commission's decision. In the case of an appeal:
(1) 
The Zoning Administrator and Building Inspector shall issue no permits to enable commencement or continuation of building and other activities authorized by the site plan, and shall issue a stop-work order for any such activities already commenced.
(2) 
The Zoning Administrator shall immediately notify the applicant and property owner of the appeal in writing and shall schedule the appeal for Village Board consideration.
(3) 
The Village Board shall, by resolution, make a final decision to grant, with or without conditions, or to deny each application for site plan approval after receiving and reviewing the Commission's findings and making its own findings as to whether or not the proposed use will satisfy the standards for approval set forth in Subsection G, and shall have all of the powers of the Commission under this section. The Village Board's determination shall be final and subject to appeal to the circuit court under any procedure authorized by statute.
K. 
Modification of approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. Except under acceptable circumstances, as determined by the Zoning Administrator, an approved site plan shall be revised and approved via the procedures for original approval above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
L. 
Sunset clause. All buildings on an approved site plan not fully developed within two years of final site plan approval shall expire, and no additional site development shall be permitted on undeveloped portions of the subject property. The appropriate site plan approval authority may extend this period, if requested by the applicant, based on reasons beyond the reasonable control of the applicant.
M. 
Fee. The Village may require a fee for this procedure, as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
A. 
Certificates required. No building or addition hereafter constructed or structurally altered shall be used for any purpose, and no addition to a previously existing building shall be occupied, no land (except land used for garden or public recreation purposes and land without buildings or structures), and no change in a use shall occur until a certificate of occupancy has been issued by the Zoning Administrator. Every certificate of occupancy shall state that the use of occupancy complies with all of the provisions of this chapter.
B. 
Application for occupancy permits. Every application for a zoning permit or building permit shall be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use or change in use of land or building shall be made directly to the office of the Zoning Administrator.
C. 
Issuance of certificate of occupancy. No certificate of occupancy for a building or portion thereof hereafter constructed or structurally altered shall be issued until construction has been substantially completed and the premises inspected and certified by the office of the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning certificate was based. The Zoning Administrator may issue a temporary certificate of occupancy for a part of a building or site. The temporary certificate of occupancy shall state the nature of the incomplete work and the time period within which the work must be completed. The Village may require a fee for this procedure, as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
D. 
Termination of certificate of occupancy. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to occupy a building in the Village without having first obtained a certificate of occupancy. Any certificate issued upon a false statement of any fact that is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Zoning Administrator, he or she shall forthwith revoke the certificate of occupancy by notice in writing to be delivered by him to the holder of the void certificate upon the premises where the violation has occurred, or if such holder be 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 certificate of occupancy shall be deemed guilty of violation of this chapter.
A. 
Purpose. The purpose of this section is to provide regulations that enable a hearing and decision on requests for permitted variation from the terms of this chapter, in accordance with the requirements of this section and Wisconsin law.
B. 
Eligible provisions for which variances may be granted. Variances from the regulations of this chapter may be granted only in the following instances and in no others:
(1) 
To permit any setback, principal building separation distance, or landscape surface ratio that is less than the setback, principal building separation distance, or landscape surface ratio required within the applicable zoning district under Article V.
(2) 
To permit building construction on a lot where otherwise prohibited solely because of the insufficient lot area, lot width, lot frontage, or public street frontage within the applicable zoning district under Article V. In no event shall the respective lot area or lot width be less than 50% of the required dimension under Article V. Lot frontage may be reduced by 100% of the required dimension under Article V.
[Amended 10-25-2016 by Ord. No. 16-17]
(3) 
To permit a building, fence, wall, or other structure height that is greater than that required within the applicable zoning district under Article V, § 520-83, or any other provision of this chapter.
(4) 
To permit a maximum or minimum floor area or density of any building or use so limited by the applicable regulations in this chapter to vary by not more than 25%, where the matter is not otherwise covered by the above eligible variances.
(5) 
To permit variations from an access, driveway, off-street parking, traffic circulation, or loading standard in §§ 520-87 to 520-89.
C. 
Initiation of request for approval of variance. Proceedings for approval of a requested variance shall be initiated by an application of the owners, or their authorized agent, of the subject property.
D. 
Application requirements. The applicant shall provide the Zoning Administrator with the complete application, certified as complete by the Zoning Administrator under Subsection E(1), including an easily reproducible electronic copy plus hardcopies in a quantity directed by the Zoning Administrator. Said complete application shall be composed of all of the following:
(1) 
A completed application on a form provided by the Zoning Administrator.
(2) 
A map of the subject property showing all lands for which the variance is proposed. Said map shall clearly indicate the current zoning of the subject property. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier.
(3) 
A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property.
(4) 
A site plan of the subject property, including existing conditions and proposed changes.
(5) 
Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the criteria set out in Subsection G. below.
(6) 
A fee as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
E. 
Review by Zoning Administrator. The requested variance shall be reviewed by the Zoning Administrator as follows:
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he or she shall return the application to the applicant with an explanation. If the Zoning Administrator determines that the application is complete, he or she shall certify the application as complete. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.
(2) 
Once the Zoning Administrator determines that the application is complete, the Zoning Administrator or designee shall authorize the public hearing and prepare a written evaluation, including whether there is justification for the proposed variance based on the application and the criteria for variance approval.
(3) 
The Zoning Administrator shall forward the application and evaluation report to the Zoning Board of Appeals for that Board's review and action.
F. 
Review and determination.
(1) 
Within 45 days after filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall be published at least one time in a newspaper of general circulation in the Village of Kronenwetter 10 calendar days prior to the date of the public hearing. Said notice shall contain a description of the subject property and the proposed variance. In addition, at least 10 days before said public hearing, the Village Clerk shall mail an identical notice to the applicant of the proposed variance to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property, and to all property owners within 100 feet of the boundaries of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2) 
Within 30 days after the holding of the public hearing, or within an extension of said period approved by the applicant and granted by the Zoning Board of Appeals, that Board shall make its findings based on the criteria in this section and its determination regarding the application as a whole. The Board may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Board may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time to time for further consideration. The Board shall make a written report of its findings and determinations following its decision.
(3) 
If the Board fails to make a determination within 30 days after said public hearing, then the request for the variance shall be considered denied.
(4) 
Said report shall include a formal findings of fact developed and approved by the Board concerning the requirements of Subsection G.
G. 
Criteria for grant of variance.
(1) 
The Zoning Board of Appeals shall determine that all of the following criteria have been met before granting a variance:
(a) 
That compliance with the strict letter of the Zoning Ordinance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. It is not sufficient that a variance applicant show that the zoning regulation(s) prevents or burdens his or her planned activity. Such applicant must show by competent evidence that the regulation unreasonably prevents or unnecessarily burdens the proposed activity.
(b) 
That compliance with the strict letter of the Zoning Ordinance would create unnecessary hardship due to a unique property condition, meaning a special physical feature or limitation of the property that is not generally shared by nearby land or property within the same zoning district. If a variance applicant fails to prove the existence of a unique property condition and a connection between the condition and the hardship, even if the hardship is great, a variance may not be granted.
(c) 
That the requested variance will not be contrary to the public interest, the intent and purpose of this chapter, or the Village's Comprehensive Plan.
(d) 
That the requested variance is for a provision of this chapter authorized for potential variances under § 520-126B, and in no case shall allow a land use that is not listed as a permitted, conditionally permitted, or temporary land use in the associated zoning district.
(2) 
The Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section. The concurring vote of four of the members of the Zoning Board of Appeals shall be necessary to grant a variance. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
H. 
Recording of variance. The Zoning Administrator shall record the variance against the property, assigning all costs thereof to the applicant, and shall make record of the variance in the Marathon County Register of Deeds' office.
I. 
Effect of denial. No application for a variance that has been denied shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
J. 
Limited effect of variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered unique to the variance granted, and shall not be construed as precedent for any other proposed variance.
K. 
Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this chapter from which the applicant is requesting a variance, unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the request for the variance has been filed, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals, or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.
L. 
Fee. The Village may require a fee for this procedure, as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
A. 
Purpose. The purpose of this section is to assign responsibility for the official interpretation of the provisions of this chapter, and to describe the required procedure for securing such interpretation.
B. 
General considerations. Interpretations of and determinations under this chapter range from those that can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1) 
Where determinations can be made by the Zoning Administrator using equipment normally available to the Village or obtainable without extraordinary expense, such determinations shall be so made before a notice of violation is issued.
(2) 
Where technical complexity or extraordinary expense makes it unreasonable for the Village to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections or apparent violations of performance standards; for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations; and for protecting the general public from unnecessary costs for administration and enforcement.
C. 
Initiation of request for interpretation. Proceedings for an interpretation may be initiated by the Village Board, Plan Commission, or by application from an owner(s) or leaseholder of property within the Village.
D. 
Application requirements. All applications for interpretations, regardless of the party of their initiation, shall be approved as complete by the Zoning Administrator a minimum of 10 days prior to the initiation of this procedure. The submittal of an application to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The applicant shall provide the Zoning Administrator with the complete application certified by the Zoning Administrator, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the Zoning Administrator, with said complete application shall be composed of all of the following:
(1) 
Indication of the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.
(2) 
If the requested interpretation relates to the application of this chapter to a specific property, the following additional information shall be required:
(a) 
A map of the subject property showing all lands for which the interpretation is requested. Said map shall clearly indicate the current zoning of the subject property. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier.
(b) 
A written description of the reason for the requested interpretation and how the proposed interpretation relates to the type of activities, buildings, and structures currently located on, and proposed for, the subject property.
(c) 
An existing site plan that accurately reflects the current conditions of the property, along with any proposed changes, with sufficient details relevant to the inquiry.
(3) 
If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter, responses to the following questions:
(a) 
How is the subject land use (in general) in harmony with the Comprehensive Plan and this chapter?
(b) 
How is the subject land use in harmony with the purposes, goals, objectives, policies, and standards of the pertinent zoning district for which the interpretation is being sought?
(c) 
Do the potential public benefits of the proposed interpretation outweigh any and all potential adverse impacts of the proposed interpretation?
E. 
Review by Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he or she shall return the application to the applicant.
(2) 
Within 30 days of the filing of a complete application, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application. This review shall also take into consideration the standards for review presented in Subsection B.
F. 
Standards for review of requested interpretations. This chapter shall be interpreted in a manner that is consistent with the purposes intended by the Village Board as noted in this chapter. To this end, the Zoning Administrator shall proceed as follows:
(1) 
Articulate certain public purposes underlying the standard(s) for which an interpretation is required.
(2) 
Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public.
(3) 
Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's proposal.
(4) 
The Zoning Administrator shall not substitute his own judgments for the legislative acts of the Village Board.
(5) 
In addition to the applicant's responses to the questions required by Subsection D above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:
(a) 
No interpretation shall allow the establishment of any land use that was previously considered and rejected by the Village Board on an application for an amendment to the text of this chapter, the Official Zoning Map, or a previously applied for appeal from a requested interpretation.
(b) 
No interpretation shall allow a land use in any district other than those listed as allowable within each district or permit such use without meeting all review and approval procedures specified for that use.
(c) 
No interpretation shall permit a land use in a zoning district unless evidence is presented that demonstrates that the land use will comply with any and all regulations applicable to development in the zoning district.
(d) 
No interpretation shall permit a land use not specifically allowed in the particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other permitted uses than to uses either not permitted in said district or uses requiring a conditional use permit. If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use permit.
G. 
Effect of favorable land use interpretation. No interpretation finding a particular land use to be allowed or conditionally allowed in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals that may be required by this chapter. These permits and approvals include, but are not limited to, required site plans, conditional use permits, and certificates of occupancy.
H. 
Limitations on favorable land use interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period. An interpretation finding a particular land use to be allowed or conditionally allowed in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
I. 
Fee. The Village may require a fee for this procedure, as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
A. 
Scope and manner of appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the Village affected by any decision under this chapter or the Zoning Administrator or other administrative official affecting property within the Village. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question. Such appeal shall be a notice in writing and filed with the officer from whom the appeal is taken and with the Zoning Board of Appeals, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the Zoning Administrator. The notice of appeal shall specify the grounds of such appeal, and any matter omitted therefrom shall not be considered by that Board. The officer from whom the appeal is taken shall forthwith transmit to that Board all the papers constituting the record upon which the action appealed from was taken.
B. 
Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Zoning Board of Appeals that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Board of Appeals, or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
C. 
Public Hearing for appeals of zoning interpretation. The Board of Appeals shall conduct at least one public hearing on the proposed appeal. Notice of such hearing shall be given not more than 30 days and not less than 10 days before the hearing in one or more of the newspapers in general circulation in the Village, and shall give due notice to the parties in interest, the Zoning Administrator, and the Plan Commission. At the hearing the applicant may appear in person, by agent, or by attorney. The Board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, Zoning Administrator, and Plan Commission.
D. 
Concurring vote and decision. The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of any applicant on any matter upon which it is required to pass under the Zoning Ordinance or to effect any variance in such ordinance. The grounds of any such determination shall be stated.
A. 
Purpose. The purpose of this section is to provide procedures and criteria for amending and updating the Comprehensive Plan. Comprehensive plan amendments may involve changes in the written text or maps of the Comprehensive Plan. Nothing in this section shall be construed to limit the legislative authority of the Village to consider and adopt amendments and revisions to the Village of Kronenwetter Comprehensive Plan or the Village's development regulations.
B. 
Amendment procedure, generally. The Village shall follow the procedure in § 66.1001(4), Wis. Stats., for all amendments to the Comprehensive Plan. The Village will consider Comprehensive Plan amendments only once per calendar year, so that the cumulative effects of all proposed amendments can be analyzed for consistency and the overall effect on the remainder of the Comprehensive Plan. The Village Board may elect to amend the Comprehensive Plan on a more frequent or different cycle for amendments that the Board determines necessary to:
(1) 
Address changes in state or federal law.
(2) 
Address an emergency situation.
(3) 
Resolve a court decision or challenge to the Comprehensive Plan that may result in court action.
(4) 
Capture a unique economic development opportunity.
(5) 
Address rapidly changing land use or other needs or circumstances.
C. 
Annual amendment cycle and procedure.
(1) 
Applications for Comprehensive Plan amendments shall be submitted to the Zoning Administrator in writing each year by June 1, using a Village-provided application form, in order to be considered in that year's amendment cycle. Only complete applications will be processed.
(2) 
In addition to such applications, the Village staff, the Village Plan Commission or any member thereof, or the Village Board or any member thereof may request amendments to the Comprehensive Plan, by the annual application dateline or another date if established in the approved amendment schedule.
(3) 
The Zoning Administrator shall refer all proposed amendments under Subsection C(1) and (2) to the Plan Commission within 30 days following the latest required date of submittal.
(4) 
The Commission shall advise Village staff as to which proposed amendments should be considered for further review, providing an opportunity for public comment. Depending upon the number and nature of the proposed amendments, the Commission may hold a public hearing before it decides which proposed amendments should be recommended for consideration. Notice of such hearing shall be given by publication of a Class 1 Notice. In the case of a site-specific future land use map amendment, the Zoning Administrator shall also provide written notification to all property owners within 100 feet of the site.
(5) 
After consideration of the proposed amendments and no later than January in the annual amendment cycle, the Plan Commission shall recommend the approval of any proposed amendment to the Village Board. The Commission is under no obligation to recommend approval of any requested amendment, and may recommend the amendment with modification. Such Commission action shall be via adoption of a resolution.
(6) 
Following the Commission recommendation by resolution, and after a required thirty-day public hearing notice period under Wisconsin Statutes, the Village Board shall hold a public hearing for the purpose of receiving public comment regarding the merits of the proposed amendments that have been recommended by resolution of the Plan Commission.
(7) 
Following the public hearing, the Village Board may adopt all or some of the recommended Comprehensive Plan amendments by ordinance, either as recommended or with modifications.
D. 
Review criteria for amendments to Comprehensive Plan. The Plan Commission and Village Board shall utilize the following criteria when reviewing each application to amend the Comprehensive Plan:
(1) 
The change is consistent with the goals and objectives of the Village of Kronenwetter Comprehensive Plan.
(2) 
The requested amendment was not reviewed and denied during a previous Comprehensive Plan amendment cycle, and nothing significant has changed.
(3) 
The amendment or projected development that would result will not create an adverse impact, unless such impact will be successfully mitigated.
(4) 
Projected development that would result from the amendment will not create an undue or adverse impact on surrounding properties, and will be consistent with or upgrade the character of the site and the surrounding neighborhood.
(5) 
The amendment or projected development that would result will not create an adverse impact on the following, unless such impact will be successfully mitigated: public facilities; public services; the natural environment, including trees, slopes, and groundwater; or any landmarks or other historically significant structures or properties.
(6) 
The amendment is justified by a change in Village actions or neighborhood characteristics.
(7) 
The change corrects an error in the Comprehensive Plan.
(8) 
There is a community or regional need identified in the Comprehensive Plan for the proposed land use or service.
(9) 
The proposed amendment is consistent with other Village plans, policies, and regulations.
(10) 
If the proposed amendment is to the future land use map, the amendment must:
(a) 
Respond to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; or
(b) 
Better implement applicable Comprehensive Plan polices than the current map designation; or
(c) 
Correct a mapping error; or
(d) 
Address a deficiency in the Comprehensive Plan as identified by the Commission or Board.
E. 
Revocation. Any approved Comprehensive Plan amendment may be reversed by the Village Board outside the regular amendment period upon the findings of any of the following:
(1) 
The approval was obtained by fraud or other intentional or misleading representations; or
(2) 
The amendment is being implemented contrary to the intended purpose of the amendment or other provisions of the Comprehensive Plan or Village ordinances; or
(3) 
The amendment is being implemented in a manner that is detrimental to the public health or safety.
F. 
Fee. The Village may require a fee for this procedure, as established by the Village Board and stated in the Village of Kronenwetter's fee schedule.
A. 
Designation. The Village Board shall designate the Zoning Administrator. As permitted by law, the Zoning Administrator may designate another employee or contractor of the Village to perform the duties of the Zoning Administrator, on a recurring, occasional, or case-by-case basis. Where a duty in this chapter is assigned to the Zoning Administrator, it shall be assumed that his or her designee may also permit such duty except where otherwise restricted by law.
B. 
Duties. The general responsibility of the Zoning Administrator is to interpret and administer this chapter and to issue permits required by this chapter, who in addition thereto and in furtherance of said authority shall:
(1) 
Determine that all detailed plans and supporting materials comply with all provisions of this chapter.
(2) 
Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter.
(3) 
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him or her to ensure compliance with this chapter. If, however, he or she is refused entry after presentations of his or her identification, he or she may procure a special inspection warrant in accordance with § 66.0119(2), Wis. Stats.
(4) 
Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter.
(5) 
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications therefor.
(6) 
Receive, file, and forward all applications for all procedures governed by this chapter to the designated official bodies.
(7) 
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 or her.
(8) 
Institute, in the name of the Village, any appropriate actions or proceedings against a violator of this chapter, as provided by law.
(9) 
Prohibit the use or erection of any structure, land, or water until he or she has inspected and approved such use or erection.
(10) 
Where useful, set marks on bridges or buildings or other markers that show the depth of the regional flood, or set marks delineating the boundaries of wetlands.
(11) 
Request assistance and cooperation from the Building Inspector, Village Police Department, Village Attorney, Village Clerk, Village Public Works Director, and other Village staff and consultants as he or she deems necessary, either as a designee or advisor.
(12) 
Make available to the public, to the fullest extent possible, all reports and documents concerning the Village's Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The Village Board may set fees necessary to recover the cost of providing such information to the public.
(13) 
Make determinations of which land uses that are not listed in Figures 520-17 and 520-18 shall be allowed in a zoning district, per § 520-15E.
(14) 
Make interpretations regarding the provisions of this chapter per § 520-127.
A. 
Authority; establishment. The Village Board hereby exercises its Village powers and establishes a seven-member Plan Commission under §§ 61.35 and 62.23, Wis. Stats. The Plan Commission shall be considered the Village planning agency under Wisconsin Statutes.
B. 
Membership. The Plan Commission shall always have at least three citizen members who are not Village officials; the other members may be Village elected or appointed officials.
C. 
Appointments. The Village President shall appoint the members of the Plan Commission and designate a Plan Commission Chairperson during the month of April to fill any expiring term. The Village President may appoint himself or herself or another Village Board member to the Plan Commission and may designate himself or herself, the other Village Board member, or a citizen member as Chairperson of the Plan Commission. In a year in which any Village Board member is elected at the spring election, any appointment or designation by the Village President shall be made after the election and qualification of the Village Trustee members as elected. Any citizen appointed to the Plan Commission shall take and file the oath of office within five days of notice of appointment, as provided under § 19.01, Wis. Stats.
D. 
Terms of office. The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of three years, ending on April 30, or until a successor is appointed and qualified, except:
(1) 
The citizen members initially appointed to the Plan Commission shall be appointed for staggered terms.
(2) 
The Plan Commission member who is a Village Board member or Village President, including a person designated the Plan Commission Chairperson, shall serve for a period of two years, as allowed under § 66.0501(2), Wis. Stats., concurrent with his or her term on the Village Board, except an initial appointment made after April 30 shall be for a term that expires two years from the previous April 30.
(3) 
Despite Subsection D(2), above, the Village Board may appoint a Village Trustee or President to the Plan Commission for a one-year term in order to stagger the terms of the Plan Commission membership coinciding with the two-year general election cycle.
E. 
Vacancies. A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.
F. 
Compensation; expenses. The Village Board of the Village of Kronenwetter hereby sets a per diem allowance, as from time to time amended by the Village Board, per meeting for citizens and Village Board members of the Plan Commission, as allowed under § 66.0501(2), Wis. Stats. In addition, the Village Board may reimburse reasonable costs and expenses.
G. 
Experts and staff. The Plan Commission may, under § 62.23(1), Wis. Stats., recommend to the Village Board the employment of experts and staff, and may review and recommend to the approval authority proposed payments under any contract with an expert.
H. 
Chairperson and officers.
(1) 
Chairperson. The Plan Commission Chairperson shall be appointed and serve a term as provided in Subsections C and D. The Chairperson shall, subject to Village ordinances and Commission rules:
(a) 
Provide leadership to the Commission.
(b) 
Set Commission meeting and hearing dates.
(c) 
Provide notice of Commission meetings and hearings and set their agendas, personally or by his or her designee.
(d) 
Preside at Commission meetings and hearings.
(e) 
Ensure that the laws are followed.
(2) 
Vice Chairperson. The Plan Commission may elect, by open vote or secret ballot under § 19.88(1), Wis. Stats., a Vice Chairperson to act in the place of the Chairperson when the Chairperson is absent or incapacitated for any cause.
(3) 
Secretary. The Plan Commission shall elect, by open vote or secret ballot under § 19.88(1), Wis. Stats., one of its members to serve as Secretary, or, with the approval of the Village Board, designate the Village Clerk or other Village officer or employee as Secretary.
I. 
Commission members as local public officials. All members of the Plan Commission shall faithfully discharge their official duties to the best of their abilities, as provided in the oath of office, § 19.01, Wis. Stats., in accordance with, but not limited to, the provisions of the Wisconsin Statutes on: public records, §§ 19.21 through 19.39, Wis. Stats.; the Code of Ethics for local government officials, §§ 19.42, 19.58 and 19.59, Wis. Stats.; open meetings, §§ 19.81 through 19.89, Wis. Stats.; misconduct in office, § 946.12, Wis. Stats.; and private interests in public contracts, § 946.13, Wis. Stats. Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.
J. 
Village Plan Commission duties. The Village Plan Commission, together with its other duties under Wisconsin Statutes and the Kronenwetter Municipal Code, shall, with reference to this chapter, have the following duties and responsibilities within the Village limits:
(1) 
Conduct public hearings for applications to amend the provisions of this chapter, including the Official Zoning Map, and conditional use permits.
(2) 
Approve or deny conditional use permit and site plan approval applications, except where otherwise specified in this chapter.
(3) 
Review and advise the Village Board on all applications for text amendments to the zoning regulations, and to all amendments to the Official Zoning Map.
(4) 
Assist the Zoning Administrator in the performance of his or her duties as specified in this chapter.
(5) 
Review and advise on conceptual development plans for potential future applications under this chapter.
A. 
Membership. The Zoning Board of Appeals shall be appointed by the Village Board. The Village President shall appoint, pursuant to § 62.23(7)(e), Wis. Stats., five members and up to two alternative members to the Zoning Board of Appeals subject to confirmation by the Village Board. The Village President may, subject to confirmation by the Village Board, designate one member of the Zoning Board of Appeals as its Chairperson. The Zoning Board of Appeals shall be governed by the following provisions:
(1) 
Term of office. The term of office for members and alternate members of the Board of Appeals shall be for three years.
(2) 
Alternate members. The Village President shall annually designate one of the alternate members as the first alternate and the other alternate member as the second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent.
(3) 
Vacancies. Vacancies shall be filled for the unexpired terms of members whose positions become vacant.
(4) 
Removal. The Village President may remove a member of the Board of Appeals or an alternate member of the Board of Appeals for cause upon written charges, after public hearing and with the approval of the Village Board.
B. 
Compensation. Each member or alternate member of the Board of Appeals shall receive such compensation from time to time as set by the Village Board for each meeting of the Board of Appeals which that person attends. In addition, each member or alternate member of the Board of Appeals shall be paid mileage, at a rate established by the Village Board, for driving to and from said meetings.
C. 
Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board or its staff may determine. All hearings conducted by the said Board shall be open to the public, except as otherwise required by law. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Zoning Board of Appeals may adopt its own rules of procedure not in conflict with this Municipal Code or with the applicable Wisconsin Statutes.
D. 
Offices. The Village Board shall provide suitable offices for the Zoning Board of Appeals for holding of hearings and the presentation of records, documents, and accounts.
E. 
Appropriations. The Village Board shall appropriate funds to carry out the duties of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to expend, under regular procedure, all sums appropriated to it for the purpose and activities authorized herein.
F. 
Jurisdiction and authority.
(1) 
The Zoning Board of Appeals shall have the jurisdiction and authority as specified in Wisconsin Statutes, and shall have the following powers:
(a) 
Hear and decide appeals where it is alleged there is error in any interpretation pertaining to the order, requirement, decision, or determination made by the Zoning Administrator or other administrative officer under this chapter.
(b) 
Hear and grant requests for variances to this chapter under § 520-126.
(2) 
In exercising the above-mentioned powers, the Board of Appeals may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit.
A. 
Payment of fees for procedures. The fees for the procedures and permits established by this chapter are established per a fee schedule approved by the Village Board, as amended from time to time, or under other related sections of the Municipal Code.
B. 
Fees for procedures requested by Village. There shall be no fee in the case of applications filed in the public interest by the Village Board, Plan Commission, or other agency or official of the Village.
C. 
Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the Village (per the requirements of this chapter) and are not refundable.
D. 
Reimbursable costs. The Zoning Administrator, Public Works Director, Village Attorney, Village Administrator, Building Inspector, and other Village staff and consultants may expend time in the investigation and processing of procedures regulated by this chapter. The Village may also retain the services of other professional consultants, including but not limited to landscape architects, planners, engineers, architects, environmental specialists, and recreation specialists in the administration, investigation, and processing of such matters. Any person, firm, or corporation requesting action by the Village on matters under this chapter may be required to reimburse the Village for staff time expended in the administration, investigation, and processing of applications for such permits or amendments and the cost to the Village charged by any professional consultant retained by the Village on any such matter.
A. 
Violations. It shall be unlawful to construct, develop or use any structure, land, water, or air anywhere within the Village in violation of any of the provisions of this chapter or action or order taken under this chapter. In case of any violation, the Village may institute appropriate action or penalty, citation, or some combination, as outlined in this section. Adoption of this section does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinances relating to the same or other matter.
B. 
Procedure for notice of violation.
(1) 
The Zoning Administrator shall give written notice to the person or persons responsible for all alleged violations of the provisions of this chapter or action taken under this chapter. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of and within a reasonable time limit set by the Zoning Administrator.
(2) 
The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within the time limit set in the written notice constitutes admission of violation of the provisions of this chapter or action taken under this chapter. The notice shall further state that upon request of those to whom it is directed, technical determination as described in this chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the Village.
C. 
Penalties. Any person, firm, or corporation who fails to comply with the provisions of this chapter or action taken under this chapter shall forfeit not less than $100, plus any applicable costs of prosecution, assessments, and court costs for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
D. 
Village-promulgated correction of violation. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the Village reserves and maintains the continued right to abate violations of this chapter.
(1) 
Hazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals, or decency, the Zoning Administrator shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred. The Zoning Administrator is hereby authorized to abate a violation of this chapter.
(2) 
Nonhazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals, or decency, the Zoning Administrator shall serve written notice on the current owner of the property (as indicated by current tax records) on which said violation is occurring to remove said violation within 10 working days. If such violation is not removed within such 10 working days, the Zoning Administrator shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred.
(3) 
Cost of abatement. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the cost of abating a violation of this chapter shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the Village to abate the violation shall be kept, and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by registered mail, and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter such charges onto the tax roll as a special tax as provided by Wisconsin Statutes.