(1)
Department of Planning and Development. The Department of Planning
and Development is hereby created by the Village Board of Trustees
for the purpose of administering all planning functions required by
Statute and enforcing all planning and zoning related ordinances enacted
by the Village Board of Trustees and any other ordinance designated
by the Village Board of Trustees to be enforced by the Department
of Planning and Development.
(2)
Planning and Development Director - Selection and Term of Office.
(a)
The position of Development Director is hereby
created as a permanent position by the Village Board. The Village
Administrator shall serve as the Planning and Zoning Director unless
and until the Village Board designates another individual to serve
in this position.
(b)
Qualifications for the position of administrator
shall be determined by the Village Board. Such qualifications shall
include requirements with respect to expertise in the areas of planning,
zoning, geography or urban affairs and past related work experience.
(3)
Duties of the Planning and Development Director. The Village
Administrator or his/her designee shall act as the Village Planning
and Development Director. The Village Planning and Development Director
shall have the following duties:
(a)
To administer and enforce the zoning, shoreland,
floodplain, and subdivision control, ordinances enacted by the Village
Board of Trustees so as to manage and promote the public health, safety,
convenience and general welfare of the citizens of the Village pursuant
to the appropriate statutes and ordinances.
(b)
To give all legal notices required by state statutes
and the aforementioned ordinances.
(c)
To investigate alleged zoning violations and give
notice thereof to the owner of the subject property and assist in
necessary prosecutions and make as often as necessary, all necessary
inspections of structures, lands and waters to certify compliance
with the aforementioned ordinances and report uncorrected violations
to the Village Attorney in a manner specified by him and assist the
Village Attorney in any action involving the Department of Planning
and Development.
(d)
To extend zoning information, assistance and advice
to the public.
(e)
To maintain, by parcel number where feasible, the
appropriate records and indexes for all permits, inspections, complaints,
public hearings, legal notices and zoning maps and other official
actions.
(f)
To attend policy formulation meetings and make
recommendations to the Village Board, and set public hearings as required
by the Wisconsin Statutes or the Municipal Code of the Village.
(g)
To make all necessary studies required for the
improvement of land use in the Village and studies relevant to the
imposition of conditions for obtaining a conditional use permit.
(h)
To supervise the operation of the office.
(i)
To coordinate with contracted personnel including,
but not limited to, the Office of Planning and Development personnel,
the Village Attorney and Village Engineer.
(j)
To prepare, present and implement the annual budget
for the Department of Planning and Development.
(k)
To prepare all necessary resolutions and reports
for the Village Board of Trustees that relate to Planning and Development.
(l)
To collect and account for all fees and other monies
received by the office.
(m)
To prepare, maintain, file and record by parcel
number where feasible, all records, maps, photographs, studies, reports,
surveys, tapes and indexes required for the efficient and proper administration
and enforcement of the aforementioned ordinances.
(n)
Pursuant to Wisconsin Statutes, maintain a record
after the approval of this Ordinance or amendments thereto or changes
in district boundaries, of all lands, premises and buildings in the
Village used for purposes not conforming to the regulations applicable
to the district in which they are situated.
(o)
To contest, subject to the time limitations set
forth in the Wisconsin Statutes and any conditions required by Chapter
68 of the Wisconsin Statutes, any decision of the Board of Review
which is in the opinion of the administrator incorrect.
(4)
Powers. The Village planning and development director shall
have the power to:
(a)
Receive, review and act upon, (either granting
or denying) all zoning, use and other permit applications authorized
by the aforementioned ordinances and assure that the regional flood
elevation for the proposed development is shown on all permit applications.
(b)
Review all subdivisions for compliance with the standards in § ZN 2.01(3)(h) above. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this Ordinance and all other requirements in § ZN 4.08(1). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
(c)
Determine similarities in intended uses with those uses set forth in a particular district as provided for in Chapter 4 of this Ordinance.
(d)
Prohibit the use or erection of any structure or
the use of any land or water until he has inspected and approved such
use or erection.
(e)
Suspend or revoke any permit issued by the Department
of Planning and Development upon non-compliance with the terms of
the permit and/or this Ordinance.
(f)
Commence, subject to the Village Attorney's
approval, any legal action in the name of the Village to ensure enforcement
of the terms of the aforementioned ordinances.
(g)
Issue citations pursuant to § 66.0119,
Wis. Stats., to be served by the Kenosha County Sheriff or private
process server for violations of any of the aforementioned ordinances.
(h)
Gain entry to premises, buildings and structures
for the purpose of investigating applications for permits and for
the purpose of determining compliance with any permit issued pursuant
to any of the aforementioned ordinances or provisions of this Ordinance
during reasonable daylight hours or any other time authorized by the
court. If entry is refused after presentation of proper identification,
a special inspection warrant may be procured in accordance with § 66.0119,
Wis. Stats.
(i)
Establish that all necessary permits that are required
for floodland uses by state and federal law have been secured.
(j)
Investigate all complaints made relating to the
location of structures and the use of structures, lands, and waters,
give notice of all violations of this Ordinance to the owner, resident,
agent, or occupant of the premises, and report uncorrected violations
to the corporation counsel in a manner specified by him.
(k)
Assist the Village Attorney in the prosecution
of ordinance violations.
(l)
Be Permitted Access to premises and structures
during reasonable hours to make those inspections as deemed necessary
by him to ensure compliance with this Ordinance. If, however, he is
refused entry after presentation of his identification, he may procure
a special inspection warrant in accordance with § 66.122,
Wis. Stats.
(m)
Prohibit the use or erection of any structure,
land, or water until he has inspected and approved such use or erection.
(n)
Request Assistance and cooperation from the Kenosha
County Sheriff's Department and Village Attorney as deemed necessary.
(o)
Submit Copies of the following items to the DNR
Regional office:
1.
Within 10 days of the decision, a copy of any decisions
on variances, appeals for map or text interpretations, and map or
text amendments;
2.
Copies of case by case analyses and other required
information including an annual summary of floodplain zoning actions
taken.
3.
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments.
(1)
Applications Required.
(a)
No buildings, structures, or any parts thereof,
or any development except as hereinafter provided in this Ordinance,
shall be built, enlarged, altered, repaired, demolished, placed or
moved within the areas subject to the provisions of this Ordinance
until a permit has been applied for in writing and issued by the Planning
and Development Director or his Deputy or his designee. For the purposes
of this section, to alter or repair a building or structure shall
be construed to mean to change the dimensions, square footage, cubic
footage, or structural supports of a building or structure or to change
the structure in such a way that the future use of the premises is
inconsistent with the district wherein the parcel is located. All
permits issued by the Department of Planning and Development shall
be issued only upon the condition that the Director of Planning and
Development or his designee may inspect the premises for compliance
during reasonable daylight hours.
(b)
No new business or industry established in an existing
structure shall be permitted to commence its operation until such
time as a certificate of compliance has been issued by the Department
of Planning and Development certifying that the proposed use or operation
is in compliance with the terms of this Ordinance.
(c)
Applications for permits required by this Ordinance
shall be made to the Department of Planning and Development on forms
furnished by the office or authorized by this Ordinance and shall
include all information and data required by such forms.
(d)
Applications for zoning permits required by this
Ordinance shall fully comply with § 145.195, Wis. Stats.,
and with the Kenosha County Sanitary Code and the Kenosha County Private
Sewage System Ordinance, both of which may be amended from time to
time.
(e)
(Reserved)
(f)
No application shall be accepted by the Department
of Planning and Development if the parcel for which a permit is being
applied for is not in compliance with any provision of this Ordinance.
(g)
Any application for a permit under this ordinance
or any use subject to the regulations and standards set forth herein
shall be accompanied by a sworn statement by the owner of the subject
property that said property and use will be operated in accordance
with the provisions of this Ordinance.
(h)
Every application shall include the following information
or as deemed appropriate by the Department of Planning and Development:
1.
Names and addresses of the applicant, owner of the
site, architect, professional engineer, contractor and authorized
agent and their respective phone numbers.
2.
Description of the subject site by lot, block, and
reported subdivision or by metes and bounds; addresses of the subject
sites; type of structure; existing and proposed operation or use of
the structure or sites; number of employees, anticipated patrons or
maximum seating capacity and the zoning district within which the
subject site lies, tax parcel number, date of purchase and projected
cost of construction.
3.
A plat of survey and/or site plan layout consisting
of a survey prepared by a land surveyor registered by the State of
Wisconsin or other map drawn to scale and approved by the Department
of Planning and Development Director showing the locations, boundaries,
dimensions, uses and sizes of the following as deemed appropriate
by the Department of Planning and Development: subject site, existing
and proposed structures; existing and proposed easements, streets,
and other public ways and utilities; off-street parking, loading areas,
and driveways; existing highway access restrictions; ordinary high
water mark, channel, floodway, floodplain, and shoreland boundaries;
and existing and proposed street, sides, rear, and shore yard setbacks.
In addition, the site plan or plat of survey shall show, when required
by the Department of Planning and Development, the type, slope, and
boundaries of soils shown on the operational soil survey maps prepared
by the United States Department of Agriculture Natural Resources Conservation
Service for the Southeastern Wisconsin Regional Planning Commission.
Also, such survey/site plan shall show, when required by the Department
of Planning and Development, any natural features such as waterways,
woods, terrain, etc., which would tend to restrict the development
of the parcel. Such survey or plan shall also show the location and
size of any septic field, holding tank, well, utilities and roadways.
Dimensions for street, sides, rear and shore yard setbacks shall be
clearly shown. All permit applications for new principal structures
in any district shall be accompanied by a plat of survey prepared
by a land surveyor registered by the State of Wisconsin.
4.
The permit fee specified in these Ordinances.
5.
Additional information that may be required by the
Village Board, Director or Sanitary Inspector.
6.
The elevation of the lowest floor of proposed buildings
and any fill using the North American Vertical Datum (NAVD).
(2)
Applications Not Required. Except for development and substantial
improvements in the floodland districts, permits shall not be required
for:
(a)
Farm buildings and structures which are not for
human habitation and which are not permanently fixed to the ground
and which are readily removable in their entirety, provided that street,
sides, rear and shore yard setback requirements for that District
are met. This exemption, however, shall not apply to roadside stands
more than 300 square feet in area used for the sale of farm products
or other goods and services produced solely on the parcel.
(b)
Farm improvements such as drainage irrigation systems,
grass waterways and terraces, farm fences except as outlined in this
Ordinance.
(c)
Public utilities such as gas and oil pipe lines,
electric and telephone transmission and distribution lines, poles
and other accessories which shall be permitted in all districts except
for those areas defined as shoreland areas provided, however, that
when a utility proposes a major inter-city transmission line or pipeline,
it give notice to the Village Board of such intention and of the time
and place of hearing before the Public Service Commission and provided
further that at the request of the Village Board, the utility meet
with it to discuss the routing of said transmission line or pipe line
and before actual construction, file a mapped description of the route
of such transmission line with the Village Board.
(d)
Repairs and other alterations which do not change
the cubic footage of a building or structure and do not constitute
a change in use and meet all street, sides, rear and shore yard setback
requirements.
(e)
Structures 150 square feet or less in area and
not more than 15 feet in height. Such structures must, however, conform
with the yard requirements of the district in which they are located,
or if the structure is located in the rear yard, with the requirements
set forth in § ZN 5.01(2) of this Ordinance.
(f)
Steps and stairs to a dwelling in conformance with
§ ZN 5.01(2) of this Ordinance.
(3)
Time Limits. All permits, except conditional use permits and
stipulated shoreland permits, shall be granted or denied in writing,
within 30 days after application, by the Department of Planning and
Development. All stipulated shoreland permits shall be granted or
denied within 60 days after application, unless the time is extended
by mutual agreement. The applicant shall post any permit granted in
a conspicuous place at the site. All zoning permits shall expire no
more than 180 days after issuance. The permit may be extended for
a maximum of 180 days for good and sufficient cause. Any permit issued
in conflict with the provisions of this Ordinance shall be null and
void.
(4)
Foundation Survey Requirements.
(a)
Except as provided for in subsection (b), any person erecting, moving, enlarging or reconstructing a structure, which, under this Ordinance, requires a zoning permit shall upon completion of the construction of footings, concrete slab or other foundations, submit to the Department of Planning and Development a survey prepared by a professional surveyor showing the locations, boundaries, dimensions, elevations and size of the following: The boundaries of the lot, all existing structures (including foundations) and their relationship to the lot lines. The Village Director of Planning and Development shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the permit application. No further construction may commence unless the Director of Planning and Development shall find that the foundation location is consistent with the permit as issued and shall so certify. Failure to comply with the requirements of this section shall be grounds for the issuance of a citation pursuant to § ZN 6.03(3) of this Ordinance, and attendant penalties.
(b)
A foundation survey shall not be required for the
construction of any non-residential structure located at least 200
feet from any property line and 200 feet from any navigable body of
water in an agricultural district.
(5)
Certificate of Compliance. A certificate of compliance shall
be required in the following instances:
(a)
No vacant land shall be occupied, used, developed
or substantially improved; and no building hereafter erected, altered
or moved shall be occupied; and no floodland shall be filled, excavated,
or developed; and no non-conforming use shall be maintained, renewed
or changed until a certificate of compliance shall have been issued
by the Village Department of Planning and Development. Such permit
shall show that the building or premises or part thereof and the proposed
use thereof are in conformity with the provisions of the ordinance.
Such permit shall be issued only when the building or premises and
the proposed use thereof conform with all requirements of this Ordinance.
(b)
Upon the establishment of a new business or industry
in an existing structure as set forth in § ZN 2.02(1)(b)
of this Ordinance.
Under the above circumstances, no person, firm or corporation
shall occupy, use or cause to be used, any land or building as set
forth above until the Planning and Development Director has issued
a written certificate of compliance.
(6)
Other Permits. It is the responsibility of a permit applicant
to secure all other necessary permits required by any federal, state,
or local agency. This includes, but is not limited to, a water use
permit pursuant to Chapters 30 and 31 of the Wisconsin Statutes or
a wetland fill permit required by the U.S. Army Corps of Engineers
under s. 404 of the Federal Water Pollution Control Act, Amendments
of 1972, 33 U.S.C. 1344, as amended.
(7)
Disclaimer. All permits issued by the Department of Planning
and Development shall note the following disclaimer therein:
"Each applicant for a Zoning Permit is charged with knowledge
of the Village of Somers General Zoning and Shoreland/Floodplain Zoning
Ordinance. Copies of the text of this Ordinance or portions thereof
and copies of the official zoning maps are available for sale, copying
or inspection upon request. Any statement made, assurance given or
permit erroneously issued contrary to this Ordinance is null and void."
(8)
Fees.
(a)
All persons, firms, or corporations performing
work which by this Ordinance requires the issuance of a permit shall
pay a fee for such permit to the Village of Somers Department of Planning
and Development to help defray the cost of administration, investigation,
advertising, and processing of permits and variances.
(9)
Triple Fees. A triple fee shall be charged by the administrator
if construction, as defined in this Ordinance, is started before a
permit is applied for and issued. Such triple fees shall not release
the applicant from full compliance with this Ordinance nor from prosecution
for violation of this Ordinance.
