A.
No buildings, patios, structures or any parts thereof, or any development,
except as hereinafter provided in this chapter, shall be built, enlarged,
altered, repaired, demolished, placed or moved within the areas subject
to the provisions of this chapter until a permit has been applied
for in writing and issued by the Planning and Development Administrator.
For the purposes of this section, to alter or repair a building or
structure shall be construed to mean to change the dimensions, square
footage, cubic footage, or structural supports of a building or structure
or to change the structure in such a way that the future use of the
premises is inconsistent with the district wherein the parcel is located.
All permits issued by the Planning and Development Administrator shall
be issued only upon the condition that such Administrator or his designee
may inspect the premises for compliance during reasonable daylight
hours.
[Amended 8-9-2021 by Ord. No. 2021.08-41]
B.
No new business or industry established in an existing structure
shall be permitted to commence its operation until such time as a
certificate of compliance has been issued by the Planning and Development
Administrator, certifying that the proposed use or operation is in
compliance with the terms of this chapter.
C.
Applications for permits required by this chapter shall be made to
the Planning and Development Administrator on forms furnished by the
office as authorized by this chapter and shall include all information
and data required by such forms.
D.
Applications for zoning permits required by this chapter shall fully
comply with § 145.195, Wis. Stats., and with the Kenosha
County Sanitary Code and Private Sewage System Ordinance, both of
which may be amended from time to time.
E.
No application shall be accepted by the Planning and Development
Administrator if the parcel for which a permit is being applied is
not in compliance with any provision of this chapter.
F.
Any application for a permit under this chapter or any use subject
to the regulations and standards set forth herein shall be accompanied
by a sworn statement by the owner of the subject property that said
property and use will be operated in accordance with the provisions
of this chapter.
G.
Such forms shall include the following information or as deemed appropriate
by the Planning and Development Administrator:
(1)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and authorized agent and their respective
phone numbers.
(2)
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; addresses of the subject sites; type of structure;
existing and proposed operation or use of the structure or sites;
number of employees; anticipated patrons or maximum seating capacity;
and the zoning district within which the subject site lies, tax parcel
number, date of purchase and projected cost of construction.
(3)
A plat of survey and/or site plan layout consisting of a survey
prepared by a professional land surveyor or other map drawn to scale
and approved by the Planning and Development Administrator, showing
the locations, boundaries, dimensions, uses and sizes of the following,
as deemed appropriate by the Planning and Development Administrator:
subject site; existing and proposed structures; existing and proposed
easements, streets, and other public ways and utilities; off-street
parking, loading areas, and driveways; existing highway access restrictions;
ordinary high-water mark; channel, floodway, floodplain, and shoreland
boundaries; and existing and proposed street, side, rear and shore
yard setbacks. In addition, the site plan or plat of survey shall
show, when required by the Planning and Development Administrator,
the type, slope and boundaries of soils shown on the operational soil
survey maps prepared by the United States Department of Agriculture
Natural Resources Conservation Service for the Southeastern Wisconsin
Regional Planning Commission. Also, such survey/site plan shall show,
when required by the Planning and Development Administrator, any natural
features such as waterways, woods, terrain, etc., which would tend
to restrict the development of the parcel. Such survey or plan shall
also show the location and size of any septic field, holding tank,
well, utilities and roadways. Dimensions for street, side, rear and
shore yard setbacks shall be clearly shown. All permit applications
for new principal structures in any district shall be accompanied
by a plat of survey prepared by a professional land surveyor.
(5)
Additional information that may be required by the Village Plan
Commission, Village Board or County Sanitary Inspector.
(6)
The elevation of the lowest floor of proposed buildings and
any fill using the North American Vertical Datum (NAVD).
(7)
Data sufficient to determine the regional flood elevation in
NGVD or NAVD at the location of the development and to determine whether
or not the requirements of Article 45, Floodplain Zoning Regulations,
are met; and
(8)
Data to determine if the proposed development will cause an
obstruction to flow or an increase in regional flood height or discharge.
H.
Development and substantial improvements in the floodplain districts
may require a hydraulic and hydrologic study. All hydraulic and hydrologic
studies shall be completed under the direct supervision of a professional
engineer registered in the State of Wisconsin. The study contractor
shall be responsible for the technical adequacy of the study. All
studies shall be reviewed and approved by the Department of Natural
Resources and must meet the requirements detailed in Appendix B.[1]
[1]
Editor's Note: Appendix B, Hydraulic and Hydrologic Studies,
is included as an attachment to this chapter.
Except for development and substantial improvements in the floodplain
districts, permits shall not be required for:
A.
Farm buildings and structures which are not for human habitation
and which are not permanently fixed to the ground and which are readily
removable in their entirety, provided that street, side, rear and
shore yard setback requirements for that district are met. This exemption,
however, shall not apply to roadside stands more than 300 square feet
in area used for the sale of farm products or other goods and services
produced solely on the parcel.
B.
Farm improvements such as drainage irrigation systems, grass waterways
and terraces, and farm fences, except as outlined in this chapter.
C.
Public utilities such as gas and oil pipe lines, electric and telephone
transmission and distribution lines, poles and other accessories which
shall be permitted in all districts, except for those areas defined
as shoreland areas; provided, however, that when a utility proposes
a major inter-city transmission line or pipeline, it shall give notice
to the Plan Commission of such intention and of the time and place
of hearing before the Public Service Commission; and provided, further,
that at the request of the Plan Commission, the utility shall meet
with it to discuss the routing of said transmission line or pipe line
and, before actual construction, file a mapped description of the
route of such transmission line with the Plan Commission.
D.
Repairs and other alterations which do not change the cubic footage
of a building or structure and do not constitute a change in use and
meet all street, side, rear and shore yard setback requirements.
E.
Sidewalks, walkways, and fire pits.
[Amended 8-9-2021 by Ord. No. 2021.08-41]
F.
Structures 150 square feet or less in area and not more than 12 feet in height. Such structures must, however, conform to the yard requirements of the district in which they are located or, if the structure is located in the rear yard, with the requirements set forth in § 490-31.2 of this chapter.
G.
Steps and stairs to a dwelling in conformance with § 490-31.2A(28) of this chapter.
H.
Village-owned utilities.
[Amended 8-9-2021 by Ord. No. 2021.08-42]
A.
All permits,
except conditional use permits and stipulated shoreland permits, shall
be granted or denied in writing, within 30 days after application,
by the Planning and Development Administrator.
B.
All stipulated
shoreland permits shall be granted or denied within 60 days after
application, unless the time is extended by mutual agreement.
C.
The applicant
shall post any permit granted in a conspicuous place at the site.
D.
All zoning
permits shall expire within 18 months.
E.
The permit
may be extended for a maximum of six months for good and sufficient
cause.
F.
Any permit
issued in conflict with the provisions of this chapter shall be null
and void.
G.
If, after
commencement of the application process, an applicant fails to provide
information necessary to process the application for a period of six
months after request by the Village, the application will be deemed
abandoned, and the fees paid, if any, forfeited. Thereafter, the application
will not be considered except as new application under this section
upon the applicant's resubmission of all required application materials.
A.
Except as provided for in Subsections B and C, any person erecting, moving, enlarging or reconstructing a structure which, under this chapter, requires a zoning permit shall, upon completion of the construction of footings, concrete slab or other foundations, submit to the Planning and Development Administrator either i) a survey prepared by a professional land surveyor, showing the locations, boundaries, dimensions, elevations and size of the following: the boundaries of the lot, all existing structures (including foundations) and their relationship to the lot lines or ii) other map drawn to scale and approved by the Planning and Development Administrator containing such information together with an executed waiver of liability of foundation survey as provided in Subsection C. The Planning and Development Administrator shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the permit application. No further construction may commence unless the Planning and Development Administrator shall find, based upon the information submitted on behalf of the permit holder, that the foundation location is consistent with the permit as issued. Failure to comply with the requirements of this section shall be grounds for the issuance of a citation pursuant to § 490-36.3 of this chapter and attendant penalties.
[Amended 11-9-2020 by Ord. No. 2020.11-23]
B.
A foundation survey shall not be required for the construction of
any structure located at least 200 feet from any property line or
200 feet from any navigable body of water.
C.
In addition to the exception provided for in Subsection B above, the foundation survey requirements may be waived at the option of the permit applicant for any construction, except for construction of a principal structure and for the construction of a new foundation under an existing principal structure, provided that the permit applicant shall file and record with the Planning and Development Administrator and with the Kenosha County Register of Deeds a "Waiver of Liability of Foundation Survey," which shall be binding on the permit applicant and his estate and which shall forewarn future owners of said parcel of the lack of a certified foundation survey verifying that structures located on the parcel are in conformity with this chapter and, further, that if any error is made on the placement of any construction or structure, or if a zoning violation is later discovered, the applicant and his estate shall move the construction or structure so as to conform with the zoning regulations effective on the date the permit was issued and shall further pay all consequent damages. Structures illegally located on a parcel are in violation of this chapter. Applicable statute of limitations for prosecution of such violations shall not begin to run until such time as a certified survey has been filed with the Planning and Development Administrator and the Register of Deeds, indicating the location of the structures on the parcel.
A.
A certificate of compliance shall be required in the following instances:
(1)
No
vacant land shall be occupied, used, developed or substantially improved;
and no building hereafter erected, altered or moved shall be occupied;
and no floodplain shall be filled, excavated or developed; and no
nonconforming use shall be maintained, renewed or changed until a
combined certificate of compliance shall have been issued by the Village
of Salem Lakes Planning and Development Administrator, Village Building
Inspector and the Village of Salem Lakes Fire/Rescue Department. Such
certificate shall show that the building or premises or part thereof
and the proposed use thereof are in conformity with the provisions
of this chapter. Such certificate shall be issued only when the building
or premises and the proposed use thereof conform to all requirements
of this chapter. Application for the combined certificate of compliance
shall be filed with the Planning and Development Administrator.
B.
Under the above circumstances, no person, firm or corporation shall
occupy, use or cause to be used any land or building as set forth
above until the Planning and Development Administrator has issued
a written certificate of compliance.
C.
If, following inspection, the Planning and Development Administrator
determines that the holder of a permit issued under this chapter is
not in strict compliance with the terms and provisions of such permit
and the provisions of this chapter, the Planning and Development Administrator
may issue a written notice revoking said permit effective 10 days
after the issuance of said notice. The Planning and Development Administrator
may reinstate such permit upon the issuance of a new certificate of
compliance pursuant to the provisions of this section.
[Added 11-8-2021 by Ord.
No. 2021.11-47]
It is the responsibility of a permit applicant to secure all
other necessary permits required by any federal, state or local agency.
This includes, but is not limited to, a water use permit pursuant
to Chapters 30 and 31 of the Wisconsin Statutes or a wetland fill
permit required by the U.S. Army Corps of Engineers under Section
404 of the Federal Water Pollution Control Act, Amendments of 1972,
33 U.S.C. § 1344, as amended.
All permits issued by the Planning and Development Administrator
and Village Board shall note the following disclaimer therein: "Each
applicant for a zoning permit is charged with knowledge of the Village
of Salem Lakes General Zoning and Shoreland/Floodplain Zoning Ordinance.
Copies of the text of this chapter or portions thereof and copies
of the Official Zoning Maps are available for sale, copying or inspection
upon request. Any statement made, assurance given or permit erroneously
issued contrary to this chapter is null and void."
A.
All persons, firms or corporations performing work which by this
chapter requires the issuance of a permit shall pay a fee for such
permit to the Village of Salem Lakes Planning and Development Administrator
to help defray the cost of administration, investigation, advertising
and processing of permits and variances in accordance with the schedule
maintained by the Village Clerk as amended from time to time by resolution
of the Village Board.
[Amended 12-9-2019 by Ord. No. 2019.12-9]
A triple fee shall be charged by the Administrator if construction,
as defined in this chapter, is started before a permit is applied
for and issued. Such triple fees shall not release the applicant from
full compliance with this chapter nor from prosecution for violation
of this chapter.
All fees collected by the Village of Salem Lakes Planning and
Development Administrator for permits issued through that office shall
be retained by the Village of Salem Lakes. Village employees shall
not be eligible to retain any of the fees collected.
No refunds of fees paid under § 490-3.8 shall be made after any costs have been incurred by the Planning and Development Administrator in processing applications or permits.
