The Zoning Administrator shall administer this chapter. Certain
considerations, particularly with regard to granting of conditional
uses, issuance of site plan permits for all nonresidential development,
changes in zoning districts and the zoning map, and amending the text
of this chapter shall require review and approval by the Plan Commission
and Village Board. A Zoning Board of Appeals is provided to assure
proper administration of the chapter and to avoid arbitrariness.
The duty of the Zoning Administrator shall be to interpret,
administer, and enforce this chapter and to issue all permits required
by this chapter.
A.
Responsibilities. The Zoning Administrator shall further:
(1)
Maintain records of all reports prepared, permits issued, work
approved, and other official actions.
(2)
Investigate all complaints made relating to the location of
structures and the use of structures, lands, and waters, and any other
purported violations of this chapter.
(3)
In case of any finding of a violation of a provision of this
chapter, notify in writing, the owner of the property on which the
violation has taken place, indicating the nature of the violation
and the action necessary to correct it.
(4)
Prohibit the issuance of any permit until any required zoning
approvals have been issued.
(5)
Request assistance and cooperation from the Department of Public
Works Director, Building Inspector, Village Attorney, Brown County
Sheriff Department, and other applicable parties as deemed necessary.
(6)
Carry out such additional responsibilities as are hereinafter
set forth by the provisions of this chapter.
B.
Authority. In the enforcement of this chapter, the Zoning Administrator
shall have the power and authority for the following:
(1)
At any reasonable time and for any proper purpose, to enter
upon any public or private premises and make inspection thereof.
(2)
Upon reasonable cause or question as to proper compliance, to
revoke any zoning permits and issue cease-and-desist orders requiring
the cessation of any building, moving, alteration, or use which is
in violation of the provisions of this chapter; or take any other
action as directed by the Village Board to ensure compliance with
or to prevent violation of its provisions.
(3)
In the name of the Village, in consultation with the Village
Attorney, and with authorization of the Village Board, commence any
legal proceedings necessary to enforce the provisions of this chapter,
including the collection of forfeitures provided for herein.
A.
Duties. The Plan Commission, together with its other statutory duties,
shall make reports and recommendations relating to the plan and development
of the Village to the Village Board, other public officials and other
interested organizations and citizens. The Plan Commission, its members
and staff, in the performance of its functions, may enter upon any
land and make examinations and surveys.
B.
Powers. The Plan Commission shall have such powers as may be necessary
to enable it to perform its functions and promote municipal planning.
Under this chapter, its functions are primarily recommendatory to
the Village Board pursuant to guidelines set forth in this chapter
as to various matters, and, always, being mindful of the intent and
purposes of this chapter. Recommendations shall be in writing. A recording
thereof in the Commission's minutes shall constitute the required
written recommendation. The Commission may, in arriving at its recommendation,
on occasion and of its own volition, conduct its own public hearing.
A.
Establishment. A Board of Appeals is hereby established.
(1)
The Board of Appeals shall consist of five members appointed
by the Village President, subject to confirmation by the Village Board,
for three-year terms.
(2)
Official oaths shall be taken by all members in accordance with
§ 19.01, Wis. Stats., within 10 days of receiving notice
of their appointment.
(3)
The members shall serve without compensation and shall be removable
by the Village President for cause upon written charges and after
public hearing.
(4)
The Village President shall designate one of the members as
Chair.
(5)
The Village President shall appoint two alternate members for
three-year terms, who shall act with full power only when a member
of the Board of Appeals is absent or refuses to vote because of interest.
(6)
Vacancies shall be filled for the unexpired terms of members
whose terms become vacant. The Board of Appeals may employ a Village
Clerk and other employees.
B.
Meetings. Meetings of the Board of Appeals shall be held at the call
of the Chair and at such other times as the Board of Appeals may determine.
Such Chair, or in his/her absence, the acting Chair, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board of Appeals shall be open to the public. The Board of Appeals
shall keep minutes of its proceedings, showing the vote of each member
upon each question, or, if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official
action, all of which shall be immediately filed in the office of the
Board of Appeals and shall be public record.
(1)
The Zoning Administrator shall attend all meetings to summarize
any report of recommendations prepared by the Zoning Administrator
and for the purpose of providing technical assistance when requested
by the Board of Appeals.
C.
Powers. The Board of Appeals shall have the following powers:
(1)
Appeals. To hear and decide appeals when it is alleged there
is error in any order, requirement, decision or determination made
by any administrative official.
(2)
Variances. To authorize, upon appeal in specific cases, such
variances from the terms of this chapter as shall not be contrary
to the public interest where, owing to special conditions, a literal
enforcement shall result in unnecessary hardship so that the spirit
and purposes of this chapter shall be observed and the public safety,
welfare and justice secured. The burden of proof for the unnecessary
hardship shall rest entirely upon the applicant. Use variances shall
not be granted. In every case where a variance from these regulations
has been granted, the minutes of the Board of Appeals meeting shall
affirmatively show that an unnecessary hardship exists, and the records
of the Board of Appeals shall clearly show in what particular and
specific respects an unnecessary hardship is created.
(3)
Interpretations. To hear and decide application for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Plan Commission has made a review and recommendation.
(4)
Permits. The Board of Appeals may reverse, affirm wholly or
partly, modify the requirements appealed from and may issue or direct
the issuance of a permit.
(5)
Assistance. The Board of Appeals may request assistance from
other Village officers, departments, commissions and boards.
(6)
Oaths. The Chair may administer oaths and compel the attendance
of witnesses.
D.
Appeals and applications. Appeals from the decision of any administrative
official concerning the literal enforcement of this chapter may be
made by any person aggrieved or by an officer, department, board,
or bureau of the Village.
(1)
Stay. An appeal shall stay all legal proceedings in furtherance
of the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Appeals after the notice of appeal
shall have been filed with him, that by reason of facts stated in
the certificate a stay would, in his/her opinion, cause imminent peril
to life or property. In such cases, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Board of Appeals or by a court of record on application, on notice
to the officer from whom the appeal is taken and on due cause shown.
(2)
Deadline for application. Such appeals shall be filed with the
Village Clerk within 30 days after the date of written notice of the
decision or order of the administrative official. Applications may
be made by the owner or lessee of the structure, land or water to
be affected at any time and shall be filed with the Village Clerk
on a form provided by the Village. Such appeals and applications shall
include the following:
(a)
Name and address. Name and address of the appellant or applicant
and all abutting and opposite property owners of record.
(b)
Information. All information required for a zoning permit.
(c)
Additional information. Additional information as may be required
by the Board of Appeals.
(d)
Payment of fee in accordance with this chapter.
E.
Prohibited uses. Except as specifically provided, no action of the
Board of Appeals shall have the effect of permitting in any district
uses prohibited in such district.
F.
Public hearings. The Board of Appeals shall fix a reasonable time
and place for the hearing, give a Class 1 public notice thereof as
specified in Ch. 985, Wis. Stats., and shall give due notice to the
parties of interest, the adjacent property owners, the Zoning Administrator,
and the Plan Commission. At the hearing, the appellant or applicant
may appear in person, by agent, or by attorney.
G.
Findings. No variance to the provisions of this chapter shall be
granted by the Board of Appeals unless it finds that all the following
facts and conditions exist and so indicated such in the minutes of
its proceedings.
(1)
Preservation of intent. No variance shall be granted that is
not consistent with the purpose and intent of the regulations for
the district in which the development is located. No variance shall
have the effect of permitting a use in any district that is not a
stated permitted use, accessory use, or conditional use in that particular
district.
(2)
Special or unique condition. There shall be a special or unique
condition applying to the lot or parcel that does not apply generally
to other properties in the same district, and the granting of the
variance shall not be of so general or recurrent nature as to suggest
that the Zoning Code should be changed.
(3)
Economic hardship and self-imposed hardship not grounds for
variance. The special or unique condition on the lot or parcel must
cause an unnecessary hardship. However, no variance shall be granted
solely on the basis of economic gain or loss and self-imposed hardships
shall not be considered as grounds for the granting of a variance.
(4)
Public interest. No variance shall be granted that will materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
H.
Decision. The Board of Appeals shall decide all appeals and applications
within 30 days after the public hearing and shall transmit a signed
copy of its decision to the appellant or applicant, Zoning Administrator,
and Plan Commission.
(1)
Required vote. The concurring vote of four members of the Board
of Appeals shall be necessary to reverse any order, requirement, decision
or determination of any such administrative official, or to decide
in favor of the applicant on any matter upon which it is required
to pass under this chapter, or to effect any variation therefrom.
The grounds of every such determination shall be stated.
(2)
Conditions may be placed upon any building permit ordered or
authorized by the Board.
(3)
Variances, substitutions, or permits granted by the Board shall
expire within six months unless substantial work has commenced pursuant
to such grant.
I.
Review by court of record. Any person or persons aggrieved by any
decision of the Board of Appeals may present to the court of record
a petition duly verified setting forth that such decision is illegal
and specifying the grounds of the illegality. Such petition shall
be presented to the court within 30 days after the filing of the decision
in the office of the Zoning Board of Appeals.
A.
Notice. Notice of the proposed zoning map, text amendment, or conditional
use permit shall require a Class II notice. Hearing thereon shall
be given by publication in the official paper, and in cases of petitions
requesting changes in the zoning district classification of any property,
granting of conditional uses, or of planned developments, the Village
Clerk shall mail notice of the public hearing to the owners of all
lands within 250 feet of any part of the land included in such proposed
change or conditional use at least five days before such public hearing.
The failure of such notice to reach any property owner provided such
failure not be intentional, shall not invalidate any amending ordinance,
or grant of conditional use of planned development. Such mailed notice
shall not be required where the Village Board determines that the
change is of such comprehensive nature that such notice would involve
excessive administrative effort and expense and is not necessary for
reasonable notification of affected property owners. At least five
days' prior written notice of changes in the district plan shall
also be given to the Village Clerk of any municipality whose boundaries
are within 1,000 feet of the land to be affected by the proposed change.
Failure to give such notice shall not invalidate any such change.
B.
Information. Such notices shall state the time and place of such
public hearing and the purpose for which the hearing is held, and
shall include, in the case of map changes, a description of the area
involved and in the case of text changes a description of the proposed
change, in sufficient detail for general public identification. Reference
shall also be made to the fact that detailed descriptions are available
for public inspection at the Village Clerk's Office.
C.
Petitions not involving zoning change. Where such hearing is required
by the provisions of this chapter as a result of a request for other
than a zoning change or appearance before the Board of Appeals, such
request 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 payable to the Village, as from time to time
established by resolution of the Village Board, to defray the cost
of notification and holding of a public hearing.
Plan Commission approvals granted for uses or structures in
which the petitioner has not taken action in the furtherance of said
approval within 24 months of the date of approval, said approval will
expire and reapplication will be required. A reapplication shall be
limited solely to reasonable compliance with current design, locational,
and operational requirements. A reapplication shall not involve the
basic permissibility of the use where such use is permitted by right
at the time of reapplication. The Plan Commission may grant one six-month
extension if requested 30 days prior to the pending expiration date,
provided that the applicant demonstrates a valid cause. This section
shall be in force and effect for all applications filed after the
date of adoption and publication.
A.
Application fees. The application fee charged for a permit issued
under this chapter shall be in an amount as indicated in the most
recently Village Board adopted Fee Schedule.[1] No application shall be accepted unless accompanied by
the established application fee.
[1]
Editor's Note: The current Fee Schedule is on file in the
Village offices.
B.
Reapplication fee. A reapplication fee shall be paid with the submission
of any revised or amended application for a permit issued under this
chapter which contains substantial changes from the original submittal.
Such reapplication fee shall be 50% of the application fee as cited
above. If the submittal is so different as to constitute a new application,
the full review fee shall be paid.
C.
Consultant fees. The Village may retain the services of professional
consultants (including planners, engineers, architects, attorneys,
environmental specialists, recreation specialists, and other experts)
to assist in the Village's review of a proposal coming before
the Plan Commission and/or Village Board. The submittal of a development
proposal application or petition shall be construed as an agreement
to pay for such professional review services applicable to the proposal.
The Village may apply the charges for these services to the petitioner.
The Village may delay acceptance of the application or petition as
complete, or may delay final approval of the proposal, until the petitioner
pays such fees. Review fees which are applied to a petitioner, but
which are not paid, may be assigned by the Village as a special assessment
to the subject property. The petitioner shall be required to provide
the Village with an executed copy of a professional services reimbursement
form as a prerequisite to the processing of the development application.
D.
Fees doubled. Fees shall be doubled if the work, use, or activity
is commenced prior to the issuance of a permit required under this
chapter.
Any person who violates any provision of this chapter shall
be subject to a penalty as provided in the Village of Denmark Code
of Ordinances.[1]
Any building or structure hereafter erected, moved, or structurally
altered or any use hereafter established in violation of any of the
provisions of this chapter shall be deemed an unlawful building, structure,
or use. The Zoning Administrator shall promptly report all such violations
to the Village Attorney, who shall bring action to enjoin the erection,
moving, or structural alteration of such building of the establishment
of such use or to cause such building, structure, or use to be vacated
or removed.
