This chapter contemplates an administrative and enforcement officer entitled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and Zoning Map, and amending the text of this zoning chapter require review and action by the Village Board. A Zoning Board of Appeals is provided to assure proper administration of the chapter and to avoid arbitrariness.
The Zoning Administrator is hereby designated as the primary administrative officer for the provisions of this chapter, and shall be referred to as the Zoning Administrator. The Zoning Administrator shall be appointed by resolution of the Village Board. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue all permits required by this chapter. The Zoning Administrator shall further:
A.
Issue all zoning certificates, and make and maintain records; which records shall be maintained in the Village Hall.
B.
Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter.
C.
Maintain permanent and current records of this chapter, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor.
D.
Provide and maintain a public information function relative to all matters arising out of this chapter.
E.
Receive, file and forward to the Village Administrator all applications for amendments to this chapter.
F.
Receive, file and forward to the Village Board all applications for conditional uses.
G.
Receive, file and forward to the Board of Appeals all applications for appeals, variances, or other matters on which the Board of Appeals is required to act under this chapter, and shall attend all Board of Appeals meetings to provide technical assistance when requested by the Village Board.
H.
Initiate, direct and review from time to time a study of the provisions of this chapter, and make recommendations to the Village Board not less than once a year.
[Amended 8-6-2019]
A.
General.
(1)
No building, structure or land shall hereafter be occupied or used without a certificate of occupancy issued by the Building Inspector or Zoning Administrator. A record of all certificates shall be kept on file in the Village Administrator's office.
(2)
No certificate of occupancy shall be issued for the use of any building structure or land which is not in compliance with the provisions of this chapter and all other ordinances and regulations of the Village of Combined Locks. No certificate of occupancy shall be issued which is not in conformance with the statements on the application for a certificate of occupancy.
B.
Buildings.
(1)
A certificate of occupancy for a new building, or alteration of an existing building, shall be applied for coincident with the application for a building permit. A certificate of occupancy for a new building or alteration of an existing building shall be issued within 10 days after final inspection or occupancy.
(2)
A certificate of occupancy for an existing building for which there is a change in use shall be applied for prior to the change in use. A certificate of occupancy for the change in use of an existing building shall be issued within 10 days after inspection or occupancy.
C.
Land.
(1)
A certificate of occupancy for the use of vacant land shall be applied for prior to the use or occupancy of the vacant land. A certificate of occupancy for use or occupancy of vacant land shall be issued within 10 days after inspection or occupancy.
(2)
A certificate of occupancy for the change in use of land shall be applied for prior to the change in use and shall be issued within 10 days of inspection or occupancy.
D.
Nonconforming uses. Certificates of occupancy for nonconforming uses shall be issued upon inspection identifying the nature and extend of the nonconformity and notification to the owner and occupants that the use is nonconforming.
E.
Enforcement. Any use or any change in use of any building structure or land without a certificate of occupancy is a violation of this chapter subject to the penalties of forfeitures and/or injunctive relief.
[Amended 8-6-2019]
A.
Findings. The Village Board hereby finds that an economically strong commercial core serving as the focus of commercial and cultural activity of the Village will promote the general welfare; that to establish and maintain an economically strong commercial core it is necessary for physical development to be highly concentrated, coordinated and aesthetically attractive and distinctive; and that dissimilar, uncoordinated or otherwise inappropriate physical development will adversely affect the economy, have a detrimental effect on property values, discourage private investment, adversely affect public investments, and cause the loss of distinctive and unique characteristics of the area.
B.
Applicability. No structure (except signs exempt from the provisions of this chapter) and no building shall be erected, constructed, reconstructed, moved, enlarged, or otherwise modified, or exterior architectural feature altered in the Commercial District or Business Park District until a certificate of appropriateness has been obtained from the Village Board. A certificate of appropriateness shall not be required for interior alterations or design features not subject to any public view, or for ordinary repairs and maintenance to the exterior of any structure or building where the purpose of such work is to correct any decay or damage and to restore, as nearly as practicable, its prior condition.
C.
Application. Application for a certificate of appropriateness shall be made in writing to the Village Administrator. Applications shall include the following information: statement of ownership and control of the property affected; statement describing in detail the character and extent of improvements contemplated; site layout drawn to scale showing the location, orientation, and dimensions of buildings and structures; front elevations and architectural definitions of buildings and structures by sketches, drawings, photographs or other information showing the proposed exterior alterations, additions, changes, or new construction as reasonably required to made a decision. The Village Administrator shall transmit the application for certificate of appropriateness to the Plan Commission for its review and recommendation to the Village Board.
D.
Plan Commission to recommend; Village Board to decide.
(1)
Powers. The Plan Commission shall make recommendation to the Village Board what action it believes appropriate regarding an application for a certificate of appropriateness. The Village Board shall, after first hearing the recommendations of the Plan Commission, have jurisdiction to consider whether a certificate should be issued. The Board shall be concerned with the visual and functional effects of erection, construction, reconstruction, movement, enlargement or alteration of any exterior architectural feature of any building or structure under this section. The Board shall not be concerned with interior alterations or design features not subject to any public view, or ordinary repairs and maintenance to the exterior of any building or structure where the purpose of such work is to correct any decay or damage and to restore, as nearly as practicable, its prior condition.
(2)
Findings. Before granting a certificate of appropriateness, the Village Board shall find that, to the maximum extent practicable:
(a)
The historic or cultural significance of buildings or structures affected is maintained or enhanced.
(b)
The architectural style, value and significance and general design arrangement, texture, material and color of the architectural features of buildings and structures are visually and functionally coordinated with other buildings and structures in the area.
(c)
Principal entrances are visually and functionally related and coordinated with other buildings and pedestrianways.
(d)
Activity notes such as plazas and arcades are created, retained and coordinated.
(e)
Building facades and other appurtenances such as fences, walls and landscaping are coordinated to form cohesive walls to enclosure along streets or other public ways.
(f)
The scale, orientation and directional expression of buildings and structures are visually and functionally coordinated with other buildings and structures in the area.
(g)
Views are protected, created or enhanced.
(3)
Procedures. After the Village Administrator transmits the application for a certificate of appropriateness, together with the supporting information and material to the Plan Commission, the Commission shall make recommendation to the Board within 20 days; failure to make a recommendation shall be deemed a recommendation for approval. The Board shall take action on the application within 15 days of receiving the recommendation of the Plan Commission. Nothing herein shall prohibit an extension of time where mutual agreement has been made. If the Village Board approves the application, a certificate of appropriateness shall be issued. If the Board disapproves the application, a certificate of appropriateness shall not be issued. If the Village Board disapproves of an application, it shall give written notice of its findings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Appeals of Board decisions. Any applicant or person aggrieved by a final decision of the Village Board under this section shall have the right to appeal and be heard before the Zoning Board of Appeals, provided a written appeal, along with the payment of current established costs of appeal, is filed with the Village Administrator within 30 days of the Board's decision. The Village Administrator shall schedule a public hearing before the Zoning Board of Appeals not less than 30 days after the filing. A Class 2 notice pursuant to Ch. 985, Wis. Stats., shall be published in the official newspaper of the Village, specifying the date, time and place of the hearing and the matters to come before the Zoning Board of Appeals. A concurring vote of at least 2/3 of the Zoning Board of Appeals present at the proceedings shall be necessary to reverse a final decision of the Village Board.
(5)
Effective date. This chapter shall become effective on the date of passage and posting.
A.
Applicability and procedures. Where, by the terms of this chapter, a site plan is required prior to the issuance of a building permit, such site plan shall be submitted to the Building Inspector. The Building Inspector shall forward such site plan to the Plan Commission for its review and recommendation to the Village Board. The Village Board shall take action to consider approval of said site plan within 15 days from the date that it receives the recommendation from the Plan Commission. A public hearing is not required for site plan consideration by either the Plan Commission or Village Board, but such matters shall be handled in a public session as part of a previously prepared agenda. All matters relating to the Plan Commission's recommendation and the Village Board's formal action shall be matter of public record.
B.
Contents. A site plan required to be submitted by the requirements of this chapter shall include the following elements, where applicable:
(1)
Statements of ownership and control of the proposed development.
(2)
Statement describing in detail the character and intended use of the development.
(3)
A site plan containing the title of the project and the names of the project planner and developer, date, and North arrow and, based on an exact survey of the property drawn to a scale of sufficient size to show:
(a)
Boundaries of the project, any existing streets, buildings, watercourses, easements, and section lines;
(b)
Exact location of all buildings and structures;
(c)
Access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic;
(d)
Off-street parking and off-street loading areas;
(e)
Recreation facilities locations;
(f)
All screening and buffers;
(g)
Refuse collection areas; and
(h)
Access to utilities and points of utility hookups.
(6)
Architectural definitions for buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type.
(7)
Storm drainage and sanitary sewage plans.
(8)
If common facilities (such as recreation areas or structures, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, home owners associations, surety arrangements, or other legal instruments providing adequate guarantee to the Village that such common facilities will not become a future liability for the Village.
(9)
Plans for signs, if any.
(10)
Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for maintenance.
(11)
In the industrial districts, plans for the exterior walls of all buildings, lighting, outside storage and industrial processes and materials pertinent to conformance with the industrial performance standards herein.
(12)
Such additional data, maps, plans or statements as may be required for the particular use or activity involved or as the applicant may believe is pertinent.
Whenever a change in use of a premises in either the Commercial District or Commercial Highway District is proposed, a change of use permit shall be considered for approval by the Village Board, after first submitting said application to the Plan Commission for its review and recommendation. The Village Board shall take action to consider approval of said change in use permit within 15 days from the date that it receives the recommendation from the Plan Commission. Application for said permit shall be made to the Village Administrator's office. The cost of said permit shall be the actual costs incurred by the Village for its review.
A.
Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Village Board, the Zoning Administrator or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Village Board, the Zoning Administrator or the Village Attorney may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in § 1-3 of this Code of Ordinances.