The purpose of this article is to establish procedural requirements for amendments to the regulations of this chapter, Zoning Map amendments, site plans, conditional use permits, temporary use permits, zoning permits, building permits, certificates of compliance, sign permits, variances, interpretations, appeals, and violations and penalties. For procedures associated with the Planned Development Overlay District, see § 390-0709.
A. 
Review procedures differ depending on the type of proposal. Generally, the procedures for all applications have three common elements:
(1) 
Submittal of a complete application, including fee payment along with appropriate information.
(2) 
Review of the submittal by appropriate Village staff and officials.
(3) 
Action by appropriate Village officials or staff to approve, approve with conditions, or deny the application.
B. 
Figure 390-1202 summarizes the procedures, agencies, and personnel involved in the administrative development review process. Detailed information about the general procedures, applications, and the public officials involved in the process and methods of appeal are discussed in detail in § 390-1217.
Figure 390-1202 Review and Approval Processes
Review and Approval Bodies
Application Process
Zoning Administrator
Public Hearing
(Class 2 notice) Required
Village Staff
Plan Commission
Village Board
Zoning Board of Appeals
Zoning Ordinance Text Amendment
RE
PC
RE
RR
A
—
Zoning Map Amendment
RE
PC
RE
RR
A
—
Site Plan Review
RE
—
RE
RR
A
—
Conditional Use Permit
RE
PC
RE
RR
A
—
Planned Development (see § 390-0709)
Concept Plan
RE
—
RE
RR
A
—
General Development Plan
RE
PC
RE
RR
A
—
Final Development Plan
RE
—
RE
RR
A
—
Temporary Use Permit
RE
—
RE
RR
A
—
Zoning Permit
RE
—
RE
RR
A
—
Building Permit
A
—
—
—
—
—
Certificate of Compliance
RE
—
RE
RR
A
—
Sign Permit
A
—
—
—
—
—
Variance
RE
ZBA
RE
—
—
A
Interpretation
RE
—
RE
RR
A
—
Appeal
RE
ZBA
RE
—
—
A
Violations and Penalties
A
—
—
—
—
KEY:
PC = Plan Commission
VB = Village Board
ZBA = Zoning Board of Appeals
RE = Review and Evaluate
RR = Review and Recommend
A = Final Action
In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this chapter.
A. 
Notice of any public hearing that the Village Board, Plan Commission, or Zoning Board of Appeals is required to hold under the terms of this chapter shall specify the date, time, and place of the hearing, and the matter to be presented at the hearing. Pursuant to Ch. 985, Wis. Stats., the notice shall be published as a Class 2 notice.
B. 
The notice of public hearing shall be published in a newspaper of general circulation in the Village of Williams Bay at least once each week for two consecutive weeks, the last publication of which shall be at least one week before the public hearing.
C. 
Notice of the public hearing shall be mailed to all parties-in-interest at least 10 days before the hearing. Parties-in-interest shall be defined as the petitioner; the Clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition; the owners of all lands included in the petition and all lands lying within 200 feet of lands included in the petition; and the owner or operator of an airport lying within three miles of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by any of the aforementioned bodies.
D. 
Except for hearings required for an amendment to the Official Zoning Map (rezoning), such request for a hearing shall be presented to the Village Clerk in writing and shall be accompanied by a map or description clearly identifying the property involved and by a fee in accordance with the Village Fee Schedule, payable to the Village, to defray the cost of notification and holding of a public hearing.
A. 
Purpose. Pursuant to the provisions of § 62.23(7), Wis. Stats., the purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval or denial of proposed amendments to the provisions of this chapter.
B. 
Initiation of request. A proposal to amend the text of this chapter may be initiated by an application by any member of the general public, a recommendation by the Plan Commission, or by action of the Village Board.
C. 
Application. Amendment requests initiated by the general public shall be printed on an application form provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the petitioner shall supply the following:
(1) 
A copy of the portion of the current provisions of this chapter that is proposed to be amended.
(2) 
A copy of the text that is proposed to replace the current text.
(3) 
Written justification for the proposed text amendment.
(4) 
Any further information that may be required by the Plan Commission to facilitate the making of a comprehensive report to the Village Board.
D. 
Review by the Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the petitioner.
(2) 
The Zoning Administrator shall review the application and evaluate whether the proposed amendment meets the following criteria:
(a) 
Advances the purposes of this chapter as outlined in § 390-0103.
(b) 
Advances the purposes of the general section in which the amendment is proposed to be located.
(c) 
Advances the purposes of the specific section in which the amendment is proposed to be located.
(d) 
Is in harmony with the recommendations of the Comprehensive Plan.
(e) 
Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning district(s).
(f) 
The amendment may also address any of the following factors that may not be addressed in the current zoning text:
[1] 
A change in the land market, or other factors that suggest the need for a new form of development, a new type of land use, or a new procedure to meet said change(s).
[2] 
New methods of development or types of infrastructure.
[3] 
Changing governmental finances to meet the needs of the government in terms of providing and affording public services.
(3) 
The Zoning Administrator shall prepare a written report addressing items in Subsection D(2)(a) through (f) above and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E. 
Public hearing. Within 45 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 390-1203 to consider the request.
F. 
Review and recommendation by Plan Commission.
(1) 
Within 60 days of the public hearing, the Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding § 390-1204D(2)(a) through (f) above and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of § 390-1204D(2)(a) through (f) above and that the public benefits outweigh any and all potential adverse impacts of the proposed amendment.
(2) 
If the Plan Commission fails to make a report within 60 days after the filing of a complete application, the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements so § 390-1203.
G. 
Review and action by Village Board.
(1) 
The Village Board shall consider the Plan Commission's recommendation regarding the proposed amendment. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the petitioner. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings.
(2) 
The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment.
(3) 
Any action to amend the provisions of the proposed amendment requires a majority vote of the Board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.
(4) 
If the Village Board wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, then the procedure set forth in§ 62.23(7)(d), Wis. Stats., shall be followed prior to Board action.
H. 
Effect of denial. No petition that has been denied (either wholly or in part) 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.
A. 
Purpose. Pursuant to the provisions of § 62.23(7), Wis. Stats., the purpose of this section is to provide regulations that govern the procedures and requirements for the review and approval or denial of proposed amendments to the Official Zoning Map of the Village of Williams Bay.
B. 
Initiation of request. A proposal to amend the Official Zoning Map may be initiated by an application by any member of the general public, a recommendation by the Plan Commission, or by action of the Village Board.
C. 
Application. Amendment requests initiated by the general public shall be printed on an application form provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the petitioner shall supply the following:
(1) 
A map depicting the general location of the subject property in relation to the Village as a whole.
(2) 
A map of the subject property showing all lands for which the zoning is proposed to be amended, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as they appear on the current tax records of the Village of Williams Bay. 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, and shall be at a scale not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(3) 
As an optional requirement, the applicant may provide written justification for the proposed Official Zoning Map amendment, stating reasons why the application is consistent with the Village's Comprehensive Plan.
(4) 
Any further information that may be required by the Plan Commission to facilitate the making of a comprehensive report to the Village Board.
D. 
Review by the Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the petitioner.
(2) 
The Zoning Administrator shall review the application and evaluate whether the proposed amendment meets the following criteria:
(a) 
Advances the purposes of this chapter as outlined in § 390-0103 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency (FEMA).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b) 
Is in harmony with the recommendations of the Comprehensive Plan. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
(c) 
Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning district(s).
(d) 
The amendment may also address any of the following situations that may not be properly addressed on the current Official Zoning Map:
[1] 
The designations of the Official Zoning Map are not in conformance with the Comprehensive Plan and the amendment is being requested to make the zoning district consistent with the Comprehensive Plan.
[2] 
A mapping mistake was made. 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 spreading.
[3] 
Factors have changed (such as new data, infrastructure, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district.
[4] 
Growth patterns or rates have changed, creating the need for an amendment to the Official Zoning Map.
(3) 
The Zoning Administrator shall prepare a written report addressing items in Subsection D(2)(a) through (d) above and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E. 
Public hearing. Within 45 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 390-1203 to consider the request.
F. 
Review and recommendation by the Plan Commission.
(1) 
Within 60 days of the public hearing, the Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding § 390-1205D(2)(a) through (d) above and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of § 390-1205D(2)(a) through (d) above and that the public benefits outweigh any and all potential adverse impacts of the proposed amendment.
(2) 
If the Plan Commission fails to make a report within 60 days after the filing of a complete application, the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements so § 390-1203.
G. 
Review and action by the Village Board.
(1) 
The Village Board shall consider the Plan Commission's recommendation regarding the proposed amendment. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the petitioner. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings.
(2) 
The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment.
(3) 
Any action to amend the Official Zoning Map requires a majority vote of the Board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.
(4) 
If the Village Board wishes to make significant changes in the proposed map amendment, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Board action.
H. 
Effect of denial. No petition that has been denied (either wholly or in part) 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.
I. 
Protest. In case of protest against a change duly signed and acknowledged by the owners of 20% or more either of the area of land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent and 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, such change shall require a favorable vote of 3/4 of the Village Board for passage.
A. 
Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this section requires that the initiation of all development activity (including building permits, zoning permits, certificates of compliance for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading, or filling) requires the approval of site, building and operational plans by the Village Plan Commission before the zoning, occupancy, and building permits can be issued; except, however, that development activity associated with an approved final plat of subdivision or certified survey map for single-family and/or duplex/twin home dwelling units, and development activity associated with the full and complete implementation of a project approved within the Final Development Plan phase of a planned development (see § 390-0709), is exempt from this requirement.
B. 
Initiation of request. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property or their legally authorized representative.
C. 
Preapplication conference. Prior to formal submittal of a site plan application, it is recommended that the applicant confer with the Zoning Administrator in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the technical requirements and procedures for processing the site plan application. A timetable for project review may also be discussed.
D. 
Application. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Zoning Administrator 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. Said complete application shall be comprised of all of the following, unless specific application requirements are waived in writing by the Zoning Administrator:
(1) 
Written description. A written description of the intended use of the subject property, describing in reasonable detail, the following:
(a) 
Existing zoning district(s) [and proposed zoning district(s) if different];
(b) 
Future Land Use Map designation(s);
(c) 
Natural Resources Site Evaluation Worksheet (§ 390-0404);
(d) 
Inventory of land uses currently present on the subject property;
(e) 
Proposed land uses for the subject property (per Article 3);
(f) 
Projected number of residents, employees, and daily customers;
(g) 
Proposed number of dwelling units, floor area, impervious surface area, and landscape surface area, and resulting site density, and landscape surface ratio;
(h) 
Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation;
(i) 
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article 8 including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Sections 390-0812 through 390-0820), then the statement "The proposed development shall comply with all requirements of section." shall be submitted;
(j) 
Proposed exterior building and fencing materials (§§ 390-0802 and 390-0809);
(k) 
Possible future expansions and related implications for Subsection D(1)(a) through (j) above; and
(l) 
Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.
(2) 
A Small Location Map at 11 inches by 17 inches showing the subject property and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the Village's Future Land Use Map with the subject property clearly indicated shall suffice to meet this requirement.)
(3) 
A property site plan drawing (and reduction at 11 inches by 17 inches) that includes:
(a) 
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;
(b) 
The date of the original plan and the latest date of revision to the plan;
(c) 
A North arrow and a graphic scale. Said scale shall not be smaller than one inch equals 100 feet;
(d) 
A legal description of the subject property;
(e) 
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;
(f) 
All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to easement ownership and purpose;
(g) 
All required building setback lines;
(h) 
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls;
(i) 
The location and dimensions (cross-section and entry throat) of all access points onto public streets;
(j) 
The location and dimensions of all on-site parking areas (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided compared with the number required by this chapter;
(k) 
The location and dimensions of all loading and service areas on the subject property and labels indicating the dimensions of such areas;
(l) 
The location of all outdoor storage areas and the design of all screening devices;
(m) 
The location, type, height, size, and lighting of all signage on the subject property;
(n) 
The location, height, design/type, illumination power, and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with § 390-0807;
(o) 
The location and type of any permanently protected green space areas;
(p) 
The location of existing and proposed drainage facilities; and
(q) 
In the legend, the following data for the subject site:
[1] 
Lot area;
[2] 
Floor area;
[3] 
Landscape surface area;
[4] 
Landscape surface ratio (d/a); and
[5] 
Building height(s).
(4) 
A Detailed Landscaping Plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required buffer yard and landscaping areas, and existing and proposed Landscape Point fencing and berm options for meeting said requirements. The Landscaping Plan shall demonstrate complete compliance with the requirements of Article 9. The plan shall clearly indicate individual plant locations and species, fencing types and heights, and berm heights.
(5) 
A Grading and Erosion Control Plan at the same scale as the main plan (and reduction at 11 inches by 17 inches) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the Village Engineer.
(6) 
Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment, with adequate labels provided to clearly depict exterior materials, texture, color, and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.
(7) 
A detailed photometric plan that shows the impact of all exterior light fixtures based on the proposed fixture's pole heights and light bulb needs depicting resulting lighting levels across the entire property to the property lines rounding to the nearest 0.10 footcandle. The plan must be in compliance with lighting performance standards in Article 8.
(8) 
A certified survey may be required by the Zoning Administrator in instances where he or she determines compliance with setback requirements may be difficult. The survey shall be prepared by a professional land surveyor and shall depict property lines and proposed buildings, structures, and paved areas.
(9) 
A detailed site analysis shall be required for any lot or parcel containing a protected natural resource covered in this section, as determined by Village staff. These protected natural areas include: floodplains, shoreland-wetlands, lake shores, woodlands, drainageways, and steep slopes. The analysis must be submitted using the following submission and review process:
(a) 
Purpose. The detailed site analysis required by this section is designed to provide the clear identification of permanently protected natural resource areas on a site that is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties containing permanently protected natural resource areas.
(b) 
Description. The detailed site analysis shall be shown on a map of the subject property that depicts the location of all protected natural resource areas, as defined by the provisions of this section. The detailed site analysis shall meet the following requirements:
[1] 
Scale. A minimum scale of one inch equals 200 feet shall be used.
[2] 
Topography. Topographic information is not required for any property that does not contain steep slopes (> 12%). For such properties, topographic information with a minimum contour interval of two feet is required.
[3] 
Specific natural resources areas. All natural resources areas that require protection under the provisions of this chapter shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.
(c) 
Development pads.
[1] 
All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits, and the recorded Plat of Subdivision or Certified Survey Map.
[2] 
Beyond visible damage to natural resources, vegetation, soil, and drainage patterns, site disruption activities shall not compact soil covering tree roots, or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches, whose canopies are located adjacent to disturbed areas, that die within a period of five years following site disruption shall be replaced by the owner with a three-inch caliper tree of the same type (e.g., shade, tall deciduous, etc.). Therefore, care shall be taken to ensure that equipment and actions associated with permitted site disruption activities are limited to the area in which they are permitted. The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth, and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge.
(d) 
Mitigation areas. All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site map with notations that describe the mitigation techniques proposed to be employed.
E. 
Required procedure for submission and review.
(1) 
Required timing of submission. The detailed site analysis map shall be submitted to the Zoning Administrator for initial review prior to, or concurrently with, the submission of the preliminary plat of subdivision or the Certified Survey Map, or if the proposed development does not involve a land division the submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of a concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property that has been previously approved by Village Staff may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.
(2) 
Review by Village staff. Village Staff shall review the submitted detailed site analysis map for general compliance with the data sources listed below. The Zoning Administrator may provide the applicant with a written evaluation of the submitted detailed site analysis map that shall indicate the acceptance by Village Staff, or the need for further analysis work, discussion with the applicant and/or staff-recognized experts, or a joint site visit.
(a) 
The Official Zoning Map;
(b) 
Applicable USGS 7.5 minute topographic maps for the Village of Williams Bay and its environs;
(c) 
Air photos of the subject property;
(d) 
USGS Quads and other sources of topographic information;
(e) 
Applicable FEMA and related floodplain maps;
(f) 
Applicable Federal and State Wetland Inventory Maps;
(g) 
The Village of Williams Bay Comprehensive Plan; and
(h) 
Site visits.
(3) 
Modification of detailed site analysis map. If necessary, as determined by Village Staff, revised detailed site analysis maps shall be prepared and submitted for review by Village Staff, until a version is deemed acceptable. Staff review of the detailed site analysis may be appealed to the Zoning Board of Appeals as a matter of ordinance interpretation. (See § 390-1216.)
(4) 
Acceptance of detailed site analysis map. Upon notification of acceptance by Village Staff (or, in case of appeal, by determination of the Zoning Board of Appeals), the applicant may proceed with the submittal of necessary development documents.
(5) 
Integration of detailed site analysis information with required development and/or land division. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed Plat of Subdivision or Certified Survey Map.
(6) 
Review by the Zoning Administrator.
(a) 
The Zoning Administrator shall determine whether the site plan application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(b) 
The Zoning Administrator shall review the application and evaluate the proposal for compliance with the following data sources:
[1] 
Official Zoning Map.
[2] 
The Village of Williams Bay Comprehensive Plan.
[3] 
Applicable FEMA and related floodplain maps.
[4] 
Applicable federal and state wetland inventory maps.
(c) 
The Zoning Administrator shall prepare a written report addressing items in Subsection E(6)(b)[1] through [4] above and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
(7) 
Review and recommendation by the Plan Commission.
(a) 
The Plan Commission, in its consideration of the submitted application, shall take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the Village, and to ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. In its review, the Plan Commission may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission, or may approve the application subject to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission.
(b) 
It its review of the application, the Plan Commission may make findings on each of the following criteria to determine whether the site plan shall be approved, approved with modification, or denied:
[1] 
All standards of this chapter and other applicable Village, state, and federal regulations are met.
[2] 
The public health and safety is not endangered.
[3] 
Adequate public facilities, utilities, and open space areas are provided.
[4] 
Adequate control of stormwater and erosion is provided and the disruption of existing topography, drainage patterns, and vegetative cover is minimized insofar as is practical.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[5] 
Appropriate traffic control and parking are provided.
[6] 
Applicable performance standards, per Article 8, are met.
(c) 
The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection E(7)(b) above and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of this section, and that the public benefits outweigh any and all potential adverse impacts of the proposed site plan.
(8) 
Review and action by the Village Board.
(a) 
The Village Board shall consider the Plan Commission's recommendation regarding the proposed site plan. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Board may take final action on the application at the time of its initial meeting, or may continue the proceedings.
(b) 
The Village Board may approve the site plan as originally proposed, may approve the proposed site plan with conditions (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed site plan.
F. 
Initiation of land use or development activity. Except with the written permission of the Zoning Administrator, absolutely no land use or development activity, including site clearing, grubbing, or grading, shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.
G. 
Modification of an 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. An approved site plan shall be revised and approved via the procedures of this section, so as to clearly depict any and all proposed modifications to the previously approved site plan prior to the initiation of said modification.
H. 
Sunset clause. All buildings on an approved site plan not fully developed within two years of final Village Board approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The Village Board may extend this period, if requested by the applicant, through the conditional use permit process following a public hearing.
A. 
Purpose. Pursuant to § 62.23, Wis. Stats., the purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval or denial of proposed conditional uses.
(1) 
Certain uses in situations that are of a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulations, or conditions that would permit such determination in each individual situation, may be permitted as conditional uses.
(2) 
Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate to the satisfaction of the Village that the proposed conditional use will not create undesirable impacts on nearby properties, the environment, or the community as a whole.
B. 
Limited conditional uses. Limited conditional uses are those in which the Village Board has found that any of the following should be of lesser permanence than regular conditional uses, and the duration or term of existence may be established until time certain or be limited to a future happening or event at which time the same shall terminate:
(1) 
Their particularly specialized nature.
(2) 
Their particular location within a district.
(3) 
The peculiarly unique relationships or needed compatibility between uses and involved individuals.
(4) 
Any other reason(s) the Board deems specially relevant and material to delimit the scope thereof.
C. 
Initiation of request. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.
D. 
Application. Conditional use permit applications shall be printed on an application form provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:
(1) 
A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Walworth County (as provided by the Village of Williams Bay). 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 shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(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 as proposed for development. Said site plan shall conform to all requirements of § 390-1206. If the proposed conditional use is a group or large development (per § 390-0821), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per § 390-1206.
(4) 
As an optional requirement, the applicant may provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate.
E. 
Review by the Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate whether the proposed amendment meets the following criteria:
(a) 
Is in harmony with the recommendations of the Comprehensive Plan. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
(b) 
Will not 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 or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c) 
Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(d) 
The conditional use is 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.
(e) 
The potential public benefits outweigh any and all 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.
(3) 
The Zoning Administrator shall prepare a written report addressing items in Subsection E(2)(a) through (e) above, to be forwarded to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Public hearing. Within 45 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 390-1203 to consider the request.
G. 
Review and recommendation by the Plan Commission.
(1) 
Within 60 days after the public hearing, the Plan Commission may make a written report to the Village Board, and/or may state in the minutes its findings regarding § 390-1207E(2)(a) through (e) above, and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of § 390-1207E(2)(a) through (e) above.
(2) 
If the Plan Commission fails to make a report within 60 days after the filing of a complete application, the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements so § 390-1203.
H. 
Review and action by the Village Board.
(1) 
The Village Board shall consider the Plan Commission's recommendation regarding the proposed conditional use. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Board may take final action on the application at the time of its initial meeting, or may continue the proceedings.
(2) 
The Village Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed conditional use.
(3) 
Any action to amend the provisions of proposed conditional use requests requires a majority vote of the Board. The Village Board's approval of the requested conditional use permit shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.
(4) 
If the Village Board wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to Board action.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I. 
Effect of denial. No application which has been denied (either wholly or in part) 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 an approved conditional use. Upon approval by the Village Board, the applicant must demonstrate that the proposed conditional use meets all general and specific requirements and conditions of approval on the site plan required for initiation of development activity on the subject property per § 390-1206. Once a conditional use is granted, no erosion control permit, site plan approval, occupancy permit, or building permit shall be issued for any development that does not comply with all requirements of this chapter. Any conditional 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. A conditional use permit may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in Subsections E through H above.
K. 
Time limits on the development of conditional use. The start of construction on any and all conditional uses shall be initiated within 365 days of their approval by the Village Board and they 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 the granting of an occupancy permit for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Village Board and shall be based upon a showing of acceptable justification (as determined by the Village Board).
L. 
Discontinuing an 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 subject conditional use was operational during this period.
M. 
Change in ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property, unless specifically stated elsewhere in this chapter or in the conditions of approval for a conditional use permit. Modification, alteration, or expansion of any conditional use in violation as approved per Subsection H, above, without approval by the Village Board, shall be considered in violation of this chapter and shall be grounds for revocation of said conditional use permit per this § 390-1207.
N. 
Recording of conditional use requirements. Except for conditional use approvals for temporary uses, a certified copy of the authorizing resolution, containing identifiable description and any specific conditions of approval, shall be recorded by the Village with the County Register of Deeds office.
O. 
Notice to the WisDNR. The Plan Commission shall transmit a copy of each application for a conditional use permit in the Shoreland-Wetland Overlay, Floodway Overlay, Flood-Fringe Overlay, or General Floodplain Overlay Zoning Districts to the WisDNR for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the WisDNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for Shoreland-Wetland Overlay District regulations or for floodplain overlay district regulations shall be transmitted to the WisDNR within 10 days of the date of such decision.
P. 
Formerly approved conditional uses. A use now regulated as a conditional use that was approved as 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 the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under this section.
A. 
Purpose. The purpose of this section is to provide regulations that govern the procedures and requirements for the review and approval, or denial, of a proposed temporary use.
(1) 
Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, 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 this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
(2) 
Land uses that fail to meet one, but not more than one, of the requirements for temporary uses of § 390-0316 may be reviewed as a conditional use.
B. 
Regulations applicable to all temporary uses. No public hearing is required to review a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of this section must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this chapter. 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. Temporary use permit applications shall be printed on an application form provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:
(1) 
A map of the subject property showing all lands for which the temporary use is proposed, and all other lands within 200 feet of the boundaries of the subject property. 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, and shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(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, in which case said site plan shall conform to any and all the requirements of § 390-1206.
D. 
Review by the Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the temporary use permit application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate the proposal for compliance with this chapter.
(3) 
The Zoning Administrator shall prepare a written report addressing items in § 390-1208D(2) above and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter, the Zoning Administrator shall note this determination in the report.
E. 
Review and recommendation by the Plan Commission.
(1) 
The Plan Commission, in its consideration of the submitted application, may make findings on each of the following criteria to determine whether the temporary use permit shall be approved, approved with modification, or denied:
(a) 
All standards of this chapter and other applicable Village, state, and federal regulations are met.
(b) 
The public health and safety is not endangered.
(c) 
Adequate public facilities, utilities, and open space areas are provided.
(d) 
Adequate control of stormwater and erosion is provided and the disruption of existing topography, drainage patterns, and vegetative cover is maintained insofar as is practical.
(e) 
Appropriate traffic control and parking are provided.
(f) 
Applicable performance standards, per Article 8, are met.
(2) 
The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection E(1) above and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of Subsection E(1) above.
F. 
Review and action by the Village Board.
(1) 
The Village Board shall consider the Plan Commission's recommendation regarding the proposed temporary use permit. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings.
(2) 
The Village Board may approve the temporary use permit as originally proposed, may approve the proposed temporary use permit with conditions (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed temporary use permit.
A. 
Purpose. The purpose of this section is to specify the requirements and procedures for the issuance of zoning permits.
B. 
Applicability. No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, structurally repaired, or structurally altered until after the owner or his agent has secured a zoning permit from the Zoning Administrator, unless otherwise exempted in this chapter.
C. 
Application. An application for a zoning permit shall be prepared in triplicate on printed forms provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:
(1) 
Name and address of the applicant, owner of the site, architect, professional engineer, and contractor.
(2) 
Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3) 
Plat of survey prepared by a professional land surveyor showing the location, boundaries, dimensions, uses, and size of the following:
(a) 
Subject site;
(b) 
Existing and proposed structures;
(c) 
Existing and proposed easements;
(d) 
Streets and other public ways;
(e) 
Off-street parking areas;
(f) 
Loading areas and driveways;
(g) 
Existing highway access restrictions;
(h) 
High water, channel floodway, and floodplain boundaries;
(i) 
Existing and proposed front, street side, rear, interior side, and shore yards;
(j) 
Type, slope, and boundaries of soils shown in the Walworth County Soils Survey prepared by the United States Department of Agriculture Natural Resources Conservation Service; and
(k) 
The location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.
(4) 
The Zoning Administrator may waive the plat of survey requirement for accessory buildings and additions to single-family and two-family dwellings when the building or addition is less than 250 square feet in area. When the plat of survey requirement is waived, the applicant shall submit a sketch plan, on forms provided by the Zoning Administrator, showing the information generally required on the plat of survey.
(5) 
Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Walworth County Health Department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The Village Engineer shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.
(6) 
Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 812 of the Wisconsin Administrative Code and shall be approved by the Village Engineer who shall certify in writing that an adequate and safe supply of water will be provided.
(7) 
Additional information as may be required by the Plan Commission or Zoning Administrator.
D. 
Review by Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the zoning permit application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate the proposal for compliance with this chapter.
(3) 
The Zoning Administrator shall prepare a written report addressing items in § 390-1209D(2) above and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter, the Zoning Administrator shall note this determination in the report.
E. 
Review and recommendation by the Plan Commission.
(1) 
The Plan Commission, in its consideration of the submitted application, may make findings on each of the following criteria to determine whether the zoning permit shall be approved, approved with modification, or denied:
(a) 
All standards of this chapter and other applicable Village, state, and federal regulations are met.
(b) 
The public health and safety is not endangered.
(c) 
Adequate public facilities, utilities, and open space areas are provided.
(d) 
Adequate control of stormwater and erosion is provided and the disruption of existing topography, drainage patterns, and vegetative cover is maintained insofar as is practical.
(e) 
Appropriate traffic control and parking are provided.
(f) 
Applicable performance standards, per Article 8, are met.
(2) 
The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection E(1) above, and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of Subsection E(1) above.
F. 
Review and action by the Village Board.
(1) 
The Village Board shall consider the Plan Commission's recommendation regarding the proposed zoning permit. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings.
(2) 
The Village Board may approve the zoning permit as originally proposed, may approve the proposed zoning permit with conditions (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed zoning permit.
G. 
Following Village Board approval, the applicant shall post the zoning permit in a conspicuous place at the site. The permit shall expire within 12 months unless work equal to 10% of the dollar amount of the permit has been completed or within 18 months after the issuance of the permit if the structure for which a permit issued is not 75% completed as measured by the dollar amount of the permit. The applicant shall reapply for a zoning permit before recommencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.
H. 
Uses not requiring a zoning permit:
(1) 
No zoning permit shall be required for any of the following:
(a) 
Construction of accessory buildings less than 100 square feet in area.
(b) 
Improvement or alteration to an existing building that is less than 100 square feet in area and does not effect a change in use.
(c) 
Ordinary maintenance repair that does not require a building permit.
(2) 
Any development that qualifies for an exemption under Subsection H(1)(a) through (c) above shall still be required to comply with the applicable setback, yard, height, and other requirements set forth in this chapter.
(3) 
No structure or development in a floodplain overlay district (FWO, FFO, GFO) shall be exempt from obtaining a zoning permit, even if it is otherwise listed in Subsection H(1)(a) through (c) above.
No building shall be erected, structurally altered, or relocated within the Village of Williams Bay until a building permit has been issued by the Zoning Administrator certifying that such building, as proposed, would be in compliance with the provisions of this chapter and with Chapter 153, Building Construction, of the Village Code. No building permit shall be issued until a zoning permit is issued.
A. 
Purpose. The purpose of this section is to provide regulations governing the review and approval of certificates of compliance. This procedure is required to ensure completed development complies with the approved site plan (per the requirements of § 390-1206), and the requirements of this chapter as a whole.
B. 
Land uses and development requiring certificate of compliance.
(1) 
Certificate of compliance shall be required for any of the following:
(a) 
Occupancy and use of a building or structure hereafter erected or structurally altered.
(b) 
New occupancy and use of an existing building when the new use is of a different land use classification.
(c) 
Occupancy and use of vacant land.
(d) 
New use of vacant land when the new use is of a different land use classification.
(e) 
Any change in the use of a nonconforming use.
(2) 
No such occupancy or change of use shall take place until certificate of compliance has been issued.
C. 
Issuance of certificate of compliance.
(1) 
Every application for a building permit shall also be deemed to be an application for a certificate of compliance for a new building or for an existing building that is to be substantially altered or enlarged as determined by the Zoning Administrator. Such permit shall be issued within 10 working days after a written request for the same has been made to the Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.
(2) 
Application. Written application for a certificate of compliance for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be prepared in triplicate on printed forms provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:
(a) 
Name and address of the applicant, owner of the site, architect, professional engineer, and contractor.
(b) 
Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(c) 
Plat of survey prepared by a professional land surveyor showing the location, boundaries, dimensions, uses, and size of the following:
[1] 
Subject site;
[2] 
Location of structures;
[3] 
Existing and proposed easements;
[4] 
Streets and other public ways;
[5] 
Off-street parking areas;
[6] 
Loading areas and driveways;
[7] 
Existing highway access restrictions;
[8] 
High water, channel floodway, and floodplain boundaries;
[9] 
Front, street side, rear, interior side, and shore yards;
[10] 
Type, slope, and boundaries of soils shown in the Walworth County Soils Survey prepared by the United States Department of Agriculture Natural Resources Conservation Service; and
[11] 
The location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.
(d) 
At his discretion, the Zoning Administrator may waive the plat of survey requirement. When the plat of survey requirement is waived, the applicant shall submit a sketch plan, on forms provided by the Zoning Administrator, showing the information generally required on the plat of survey.
(e) 
Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Walworth County Health Department for the installation of an on-site soil absorption sanitary sewage disposal system or other appropriate means of waste disposal. The Village Engineer shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.
(f) 
Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 812 of the Wisconsin Administrative Code and shall be approved by the Village Engineer who shall certify in writing that an adequate and safe supply of water will be provided.
(g) 
Additional information as may be required by the Plan Commission or Zoning Administrator.
(3) 
Review by Zoning Administrator.
(a) 
The Zoning Administrator shall determine whether the certificate of compliance application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(b) 
The Zoning Administrator shall review the application and evaluate the proposal for compliance with this chapter.
(c) 
The Zoning Administrator shall prepare a written report addressing the items in § 390-1211C(3)(b) above and forward said report to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter, the Zoning Administrator shall note this determination in the report.
(4) 
Review and recommendation by the Plan Commission.
(a) 
The Plan Commission, in its consideration of the submitted application, may make findings on each of the following criteria to determine whether the certificate of compliance shall be approved, approved with modification, or denied:
[1] 
All standards of this chapter and other applicable Village, state, and federal regulations are met.
[2] 
The public health and safety is not endangered.
[3] 
Adequate public facilities, utilities, and open space areas are provided.
[4] 
Adequate control of stormwater and erosion is provided and the disruption of existing topography, drainage patterns, and vegetative cover is maintained insofar as is practical.
[5] 
Appropriate traffic control and parking are provided.
[6] 
Applicable performance standards, per Article 8, are met.
(b) 
The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection C(4)(a) above, and its recommendations regarding the application as a whole. Said report and/or minutes may include formal findings of fact developed and approved by the Plan Commission concerning the requirements of Subsection C(4)(a) above.
(5) 
Review and action by the Village Board.
(a) 
The Village Board shall consider the Plan Commission's recommendation regarding the proposed certificate of compliance. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Board may take final action on the application at the time of its initial meeting, or may continue the proceedings.
(b) 
The Village Board may approve the certificate of compliance as originally proposed, may approve the proposed certificate of compliance with conditions (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed certificate of compliance.
(6) 
Every certificate of compliance shall state that both the building and the proposed use of a building or land substantially comply with all provisions of this chapter. A record of all certificates of compliance shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
D. 
Certificate of compliance for legal nonconforming uses. Upon application, certificate of compliance shall be issued for all lawful nonconforming uses of land or buildings created by adoption of this chapter, or in existence at the effective date of this chapter (November 7, 2011). Application for a certificate of compliance for nonconforming use shall be filed with the Building Inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this chapter. It shall be the duty of the Building Inspector to issue certificate of compliance for a legal nonconforming use.
E. 
Termination of a certificate of compliance. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in Subsection B above without having first obtained certificate of compliance. Any permit 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 Building Inspector, he shall forthwith revoke the certificate of compliance by notice in writing to be delivered by him to the holder of the void permit upon the premises where the violation has occurred, or if such holder be not found there, by mailing the 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 compliance shall be deemed guilty of violation of this chapter.
Refer to § 390-1012 for applicable procedural requirements for sign permits.
All development that occurs in any multifamily residential, business, industrial, institutional or planned development district shall require the execution of a development agreement that covers in some detail the manner and methods by which the land will be developed. Through the execution of the development agreement, the Village Board may impose time limits for the completion of projects and may require the execution of an irrevocable letter of credit or other appropriate surety to guarantee that the project will be completed on schedule, subject to review and approval of the Village Board.
For any development or land use activity, it is the responsibility of the applicant to secure all other necessary permits required by any state, federal, or local agency. This includes, but is not limited to, a water use permit pursuant to Chapter 30 of the Wisconsin Statutes and a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act.
A. 
Purpose. The purpose of this section is to provide regulations that enable the Village to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest, where, owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done, as provided for by § 62.23(7)(e)7, Wis. Stats.
B. 
Initiation of request. Proceedings for approval of a variance may be initiated by an application of the owner(s) of the subject property.
C. 
Application. Variance applications shall be printed on an application form provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:
(1) 
A map of the subject property showing all lands for which the variance is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Walworth County (as determined by the Village of Williams Bay). 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, and shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2) 
A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property.
(3) 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 390-1206.
(4) 
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 standards set out in Subsection D(2)(c) below.
D. 
Review by Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application per the following:
(a) 
What exceptional or extraordinary circumstances or special factors are present that apply only to the subject property? The response to this question shall clearly indicate how the subject property contains factors that are not present on other properties in the same zoning district, specifically the following:
[1] 
The hardship or difficulty shall be peculiar to the subject property and different from that of other properties, and not one that affects all properties similarly. Such a hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the property was created before the passage of the current, applicable zoning regulations and is not economically suitable for an allowed use or will not accommodate a structure of reasonable design for an allowed use if all area, yard, green space, and setback requirements are observed.
[2] 
Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance.
[3] 
Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of said property below buildable size or cutting off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships.
[4] 
Violations by, or variances granted to, neighboring properties shall not justify a variance.
[5] 
The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.)
(b) 
In what manner do the factors identified in Subsection D(2)(a) above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.
(c) 
Would the granting of the proposed variance be of substantial detriment to adjacent properties? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.
(d) 
Would the granting of the proposed variance as depicted on the required site plan [see Subsection C(3) above] result in a substantial or undue adverse impact on 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 intent, provisions, and policies of this chapter, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide growth and development? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.
(e) 
Have the factors that present the reason for the proposed variance been created by an act of the applicant or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan, or orientation, lot pattern, or grading) after the effective date of this chapter? The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant, a previous property owner, or their agent.
(f) 
The Zoning Administrator may also evaluate the application to determine whether the requested variance is in harmony with the recommendations of the Village of Williams Bay's Comprehensive Plan.
(3) 
The Zoning Administrator shall prepare a written report addressing items in Subsection D(2)(a) through (f) above to be forwarded to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Village's Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E. 
Public hearing. Within 30 days of filing of a complete application, the Zoning Board of Appeals shall hold a public hearing in compliance with § 390-1203 to consider the request.
F. 
Review and action by the Zoning Board of Appeals.
(1) 
Within 30 days after the holding of the public hearing, the Zoning Board of Appeals shall make its findings per Subsection D(2)(a) through (f) above and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals 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 Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.
(2) 
If the Zoning Board of Appeals fails to make a determination within 30 days after said public hearing, then the request for the variance shall be considered denied.
(3) 
Said report shall include formal findings of fact developed and approved by the Zoning Board of Appeals concerning the requirements of Subsection D(2)(a) through (f) above.
G. 
Effect of denial. No application for a variance that has been denied (either wholly or in part) 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.
H. 
Limited effect of a 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.
I. 
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 that 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. See § 62.23(7)(e)5, Wis. Stats.
J. 
Notice to the WisDNR. The Zoning Board of Appeals shall transmit a copy of each application for a variance to regulations in the Shoreland-Wetland Overlay, Floodway, Flood-Fringe Overlay, or General Floodplain Overlay Zoning Districts to the WisDNR for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the WisDNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to Shoreland-Wetland Overlay District regulations or to floodplain overlay district (FWO, FFO, and GFO) regulations, and a copy of all decisions relating to Shoreland-Wetland Overlay District appeals and floodplain overlay district appeals, shall be transmitted to the WisDNR within 10 days of the date of such decision.
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. 
Initiation of request. Proceedings for an interpretation may be initiated by an application of the owner(s) of the subject property; a recommendation of the Plan Commission; by action of the Village Board, or by a request by the Zoning Administrator.
C. 
Application requirements. An application for an interpretation shall be printed on an application form provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:
(1) 
Clear 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 additional following information shall be required. The Zoning Administrator may waive one or more of the following requirements where such information is not deemed to be substantive, in the opinion of the Zoning Administrator, to the issue at hand.
(a) 
A map of the subject property showing all lands for which the interpretation is requested, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Walworth County as provided by the Village of Williams Bay. 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, and shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(b) 
A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property.
(c) 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 390-1206.
(3) 
If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter, a series of written responses to the following questions:
(a) 
How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies, and standards of the Village's Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the Village?
(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?
D. 
Review by Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(2) 
The Zoning Administrator shall prepare a written report indicating the interpretation of the Zoning Administrator and forward the report to the Plan Commission with a copy to the applicant. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Review and recommendation by the Plan Commission.
(1) 
The Plan Commission, in its consideration of the requested interpretation, may make findings based on the standards listed in Subsection G below.
(2) 
The Plan Commission may make a written report to the Village Board and/or may state in the minutes its findings regarding Subsection G below, and its recommendations regarding the request for interpretation as a whole.
F. 
Review and action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the request for interpretation. The Village Board may request additional information and/or reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Board may make its final interpretation at the time of its initial meeting or may continue the proceedings.
G. 
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, and the Comprehensive Plan. The intent of the standards and supporting definitions of this chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. To this end, those called upon to interpret this chapter shall proceed as follows:
(1) 
Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required. [Rationale: Before any zoning interpretation is made, there must be an explicit discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable potential negative impact. A sound interpretation of any standard cannot be ensured without careful analysis of the regulation and the end toward which it is directed. It is understood that there may be other public purposes underlying the interpretation that are not explicitly articulated.]
(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. (Rationale: There is a critical distinction between an interpretation that provides a greater degree of design freedom to achieve an allowed land use, and an interpretation that permits a new or not previously allowed use, or that allows a use to be enlarged, or have its intensity increased beyond the degree specified in this chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter is to be prohibited.)
(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 land use proposal. [Rationale: If an interpretation would merely allow a design solution that is slightly different from the one expressly stated or permitted, and if it would result in a same or greater degree of protection to any affected party (either the adjoining landowners, the public at large, and/or a future property owner or renter), such an interpretation may be appropriately made. Any interpretation that would result in any identifiable loss of protection for one group to the benefit of others is contrary to the spirit of this chapter. Similarly, any interpretation that would either increase the nuisance potential of any use or alter the purpose for which the regulation was adopted shall be considered counter to the legislative intent of this chapter. Any interpretation that will result in any loss of protection or increase in intensity beyond that already permitted shall only be made if the party interpreting this chapter has the power to impose additional restrictions or requirements.]
(4) 
This chapter has been carefully designed by the Village Board to combine maximum achievement of public goals and the protection of adjoining property owners while providing flexibility for property owners to use their land for a variety of uses consistent with the goals and objectives of the Village's Comprehensive Plan. Great care has been taken to balance the rights of competing groups while achieving maximum protection with flexibility and a range of use options. Persons interpreting this chapter should not substitute their own judgments for the legislative acts of the Village Board.
(5) 
In addition to the applicant's response to the questions required by Subsection G(1) through (5) 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 Zoning Ordinance, the Official Zoning Map, or a previously applied for appeal from a requested interpretation.
(b) 
No interpretation shall allow a land use listed as permitted by right or a conditional use in another zoning district if the use is not listed as allowed in the zoning district of the subject property (see Article 2).
(c) 
No interpretation shall allow 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 subject property's zoning district.
(d) 
No interpretation shall allow a land use in a particular zoning district unless such use is substantially similar to other uses allowed in that same district and is more similar to such other uses than to uses that are either not allowed in said district, or that are allowed in a more intensive district in the same zoning district category.
(e) 
If the proposed land use is more similar to a land use allowed only as a conditional use in the subject property's district than to a use permitted by right, an interpretation allowing such use shall be conditioned upon the approval of a conditional use permit pursuant to § 390-1207.
H. 
Effect of a favorable land use interpretation. No interpretation finding a particular land use to be permitted by right or allowed as a conditional use 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 uses, and occupancy permits.
I. 
Limitations on favorable land use interpretation.
(1) 
No interpretation finding a particular land use to be permitted by right or allowed as a conditional use 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 an occupancy permit is obtained and a use commenced within that period.
(2) 
An interpretation finding a particular land use to be permitted by right or allowed as a conditional use 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.
A. 
Purpose. The purpose of this section is to provide regulations that enable the Village to hear and decide on requests for appeals of the decision or interpretation of the Zoning Administrator, as provided by § 62.23(7)(e)7, Wis. Stats.
B. 
Initiation of request. Proceedings for the review of an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the Village affected by any decision of the Zoning Administrator.
C. 
Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of § 390-1216 within 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal said interpretation.
D. 
Application. All applications for review of an appeal shall be printed on an application form provided for the purpose and filed with the Village Clerk. Said application shall be accompanied by a fee as specified in §§ 390-1106 and 390-1107. In addition to all information required on the application form, the applicant shall supply the following:
(1) 
A copy of pertinent items in the file on the matter at hand maintained by the Zoning Administrator, as identified by the Zoning Administrator and/or the applicant.
(2) 
A written statement from the applicant indicating the reasons why an appeal is justified based upon an analysis of the Zoning Administrator's interpretation. This statement shall be dated and signed by the applicant.
E. 
Review by the Zoning Administrator.
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate and comment on the written justification for the requested appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the request is in harmony with the recommendations of the Comprehensive Plan.
(3) 
The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
F. 
Public hearing. Within 45 days of filing of a complete application, the Zoning Board of Appeals shall hold a public hearing in compliance with § 390-1203 to consider the request.
G. 
Review and action by the Zoning Board of Appeals.
(1) 
Within 60 days after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall make its findings per Subsection E(1) through (3) above. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at the applicant's request. Said final action shall be followed by a written report that shall include formal findings of fact developed and approved by the Zoning Board of Appeals concerning the request.
(2) 
If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied.
H. 
Effect of denial. No application for an appeal that has been denied (either wholly or in part) 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.
I. 
Limited effect of a favorable ruling on an appeal.
(1) 
No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted by right or allowed as a conditional use in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or an occupancy permit is obtained and a use commenced within that period.
(2) 
A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted by right or allowed as a conditional use in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling 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.
A. 
Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land, or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse, or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Subsection B below and, in addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
B. 
Penalties. Any person, firm, or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator shall, upon conviction thereof, forfeit not less than $5 nor more than $500 for the first offense and not less than $10 nor more than $500 for the second and subsequent offenses and costs of prosecution 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.
C. 
Promulgated correction of violation. In addition to any other penalty imposed by this chapter for a violation of the provisions of this chapter, the Village reserves and maintains the continued right to abate violations of this chapter.
D. 
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 per Subsection F below. The Zoning Administrator is hereby authorized to abate a violation of this chapter.
E. 
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 by registered mail on the current owner of the property (as indicated by current Village of Williams Bay tax records) on which said violation is occurring to remove said violation within 30 working days. If such violation is not removed within such 30 working days, the Zoning Administrator shall cause the violation to be abated per Subsection D above. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection F below.
F. 
Cost of abatement. In addition to any other penalty imposed by this chapter for a violation of the provisions of this chapter, the cost of abating a violation of this chapter per Subsection D and/or E above 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 § 66.0907(5), Wis. Stats.