A.
Applicability. Unless specifically exempted in this chapter, building/zoning
permits, certifying that any use, structure or site complies with
the provisions of this chapter shall be required in the following
instances:
B.
Applications.
(1)
Every application for a building/zoning permit shall be submitted
to the Zoning Administrator on forms furnished by the Village of Mishicot.
All applications shall be accompanied by plans in duplicate, drawn
to scale, showing:
(a)
The location, actual shape and dimensions of the lot to be built
upon;
(b)
The exact size and location of the proposed building or existing
buildings and accessory buildings on the lot;
(c)
The existing and/or intended use of the building;
(d)
The number of families to be accommodated;
(e)
The building/use situation with reference to the street, the
distances between the nearest point of the building and the center
line of the street and the street right-of-way; and
(f)
Building plans including all floor plans and at least two elevation
views.
(g)
Additional information as may be required by the Zoning Administrator
in order to determine the full compliance with the requirements of
this chapter.
(h)
Fee. All permit applications shall be accompanied by a fee established
by the Village of Mishicot Board of Trustees. Any costs associated
with a third-party consultant hired by the Village for review of an
application (e.g., engineering, architectural, legal, etc.) may be
the responsibility of the applicant.
(2)
No application shall be accepted by the Zoning Administrator until
complete as judged by the Zoning Administrator and until all fees
established by the Village of Mishicot have been paid in full. Submittal
of a complete application and required application fee does not guarantee
approval/issuance of the permit, certificate, or request.
C.
Permit issuance or denial. A building/zoning permit shall be issued
or the application shall be denied within 20 days after receipt of
a complete application.
(1)
Upon the Zoning Administrator's determination that the proposed
use or structure complies with the provisions of this chapter, a building/zoning
permit shall be issued.
(2)
The permit shall authorize the applicant to proceed subject to all
provisions of this chapter and any conditions attached to the permit.
(3)
An application for a use or structure not in conformity with the
provisions of this chapter shall be denied a building/zoning permit
and the reasons for denial shall be stated.
(4)
No permit shall be issued for uses or structures involving human
occupancy without documentation that provision has been made for safe
and adequate water supply and disposal of sewage.
(5)
The permit shall be posted on the premises so as to be visible from
the street at all times, until such construction has been completed.
D.
Expiration.
(1)
Building/zoning permits to establish a use shall expire 12 months
from date of issuance if no action has commenced to establish the
use. Any change of land use after the expiration of a building/zoning
permit shall be considered a violation of this chapter.
E.
Renewal.
(1)
If construction has commenced prior to the expiration of a building/zoning
permit, but is not completed prior to such expiration, a twelve-month
renewal building/zoning permit shall be issued by the Zoning Administrator
upon submittal of a renewal application and fee. Additional renewals
shall be granted by the Zoning Administrator upon a finding that progress
had been made during the previous year toward completion of the structure.
If a twelve-month period passes without evidence of progress towards
completion, the Zoning Administrator shall advise the Plan Commission
of same and the Plan Commission may call a public hearing on the matter
and may impose a completion schedule.
F.
Building permits required. In addition to a building/zoning permit,
a building permit may be required as per the Wisconsin Uniform Dwelling
Code and Commercial Building Code.
A.
Applicability.
(1)
No building, or addition thereto, constructed after the effective
date of this chapter, and no addition to a previously existing building
shall be occupied, and no land, vacant on the effective date of this
chapter, shall be used for any purpose until a certificate of occupancy
has been issued by the Zoning Administrator.
(2)
No change in a use, other than that of a permitted use to another
similar permitted use, shall be made until a certificate of occupancy
has been issued by the Zoning Administrator.
B.
Every certificate of occupancy shall state that the use or occupancy
complies with the provisions of this chapter.
C.
Application for certificate of occupancy.
(1)
Every application for a building/zoning permit shall be deemed to
be an application for an certificate of occupancy. Submittal of a
complete application and required application fee does not guarantee
approval/issuance of the permit, certificate, or request.
(2)
Upon written request from the owner of any building or premises existing
at the time of adoption of this chapter.
D.
Issuance of certificate of occupancy.
(1)
No certificate of occupancy for a building, or portion thereof, constructed
after the effective date of this chapter shall be issued until construction
has been completed and the premises inspected and certified by the
Zoning Administrator to be in conformity with the plans and specifications
upon which the building/zoning permit was based.
(2)
Pending the issuance of a regular certificate, a temporary certificate
may be issued to be valid for a period not to exceed six months from
its date during the completion of any addition or during partial occupancy
of the premises.
(3)
The certificate of occupancy shall be issued or written notice shall
be given to the applicant stating the reasons why a certificate cannot
be issued, not later than 14 days after the Zoning Administrator is
notified in writing that the building or premises is ready for occupancy.
(4)
Upon written request from the owner, the Zoning Administrator shall
issue an certificate of occupancy for any building or premises existing
at the time of adoption of this chapter certifying, after inspection,
the extent and kind of use made of the building or premises and whether
or not such use conforms to the applicable provisions of this chapter.
A.
Applicability.
(1)
A conditional use permit shall be required for the establishment of each use listed as a conditional use in § 395-14 of this chapter.
(2)
A conditional use permit shall be required for certain mobile wireless service facilities as described in Chapter 367 of this Code.
(3)
Expansions, changes to, or substitution of a use permitted as a conditional
use shall require a conditional use permit and shall be subject to
review and approval in accordance with this section, except that the
minor expansion of a building housing a use permitted as a conditional
use which will not increase the scale or intensity of such use and
will not increase the floor area of such building shall only require
a building/zoning permit.
B.
Application.
(1)
Application. All applications for conditional use permits shall be
made to the Zoning Administrator using forms furnished by the Village
of Mishicot. Such application shall include the following:
(a)
Facts and information, other than merely personal preferences
or speculation, directly pertaining to the conditions and requirements
relating to the conditional use, including the required information
and plans as indicated on the application form furnished by the Village.
(b)
Plans and data which include:
[1]
The location, size and shape of the lot(s) involved and of any
existing and proposed structures;
[2]
The existing and proposed use of each structure and lot.
[3]
Such factors as existing and proposed drainage, sanitary sewage
disposal, water systems, waste disposal, driveway locations, off-street
parking, highway access, neighboring land uses, and such other information
regarding the proposed conditional use and surrounding area that may
be required to determine conformity with this chapter.
(c)
Fees.
[1]
Application for conditional use permit shall be accompanied
by a fee established by the Village Board.
[2]
The applicant shall pay the total cost associated with public
hearing notification and legal publications to the Village of Mishicot.
[3]
Costs associated with a third-party consultant hired by the
Village for review of an application (e.g., planning, engineering,
architectural, legal, etc.) may be the responsibility of the applicant.
(2)
No application shall be accepted by the Zoning Administrator until
complete as judged by the Zoning Administrator and until the fee established
by the Village Board has been paid in full. Submittal of a complete
application and required application fee does not guarantee approval/issuance
of the permit, certificate, or request.
C.
Public hearing and notification.
(1)
A public hearing on all conditional use permits shall be held by
the Plan Commission within 45 days after receipt of a complete application,
unless the time is extended by agreement with the applicant.
(2)
Notice of such public hearing shall be given pursuant to Ch. 985,
Wis. Stats.
(3)
Not less than 10 days before the hearing, a copy of the notice shall
be provided to the Clerk of any municipality whose boundaries are
within 1,000 feet of property affected by a conditional use permit
and property owners of all lands located within 300 feet of any part
of the parcel(s) affected by a conditional use permit. Failure to
give such notice(s) shall not invalidate the public hearing nor any
decision on the conditional use permit.
D.
Plan Commission recommendation.
(1)
Within 45 days after the public hearing and after consideration of
comments provided therein, the Plan Commission shall review the conditional
use permit application and make a recommendation to the Village Board
that the permit be approved as proposed, approved with conditions
or modifications, or denied, unless the time is extended by agreement
with the applicant. If the Plan Commission makes a recommendation
to deny the proposed conditional use permit, the Plan Commission shall
include reasons for denial. If the Plan Commission fails to make a
recommendation within this time frame, the application shall be forwarded
to the Village Board without recommendation.
(2)
The Plan Commission recommendation to approve or deny the conditional
use permit must be supported by substantial evidence.
E.
Village Board action.
(1)
Within 120 days after receipt of a complete application, the Village
Board shall review the conditional use permit application and Plan
Commission recommendation, and act to approve, approve with conditions
or modifications, or deny the permit, unless the time is extended
by agreement with the applicant. Failure of the Village Board to act
within such time frame shall constitute approval of the conditional
use permit as presented.
(2)
The Village Board may approve a conditional use permit by a favorable
vote of a simple majority of a voting quorum.
(3)
The Village Board action/decision to approve or deny the conditional
use permit must be supported by substantial evidence.
(4)
An applicant's failure to demonstrate, by substantial evidence,
that the application and all applicable requirements in this chapter
and conditions established by the Village relating to the conditional
use are or will be satisfied shall be grounds to deny the conditional
use permit. At all times the burden of proof to demonstrate satisfaction
of these criteria remains with the applicant.
(5)
A copy of the decision with any conditions or reasons for rejection
shall be sent promptly to the applicant. If the application is denied,
the reasons for denial shall be stated in the decision.
F.
Basis of approval or denial.
(1)
The Plan Commission and Village Board shall review each conditional
use permit application for compliance with all requirements applicable
to that specific use and to all other relevant provisions of this
chapter. The Plan Commission and Village Board action/decision to
approve or deny the conditional use permit must be supported by substantial
evidence.
(2)
To aid in the review and decisionmaking regarding the proposed conditional
use, the Plan Commission and Village Board shall evaluate the following
specific criteria, as applicable, but shall not be limited thereto:
(a)
The establishment, maintenance, or operation of the conditional
use will not be detrimental to or endanger the health, safety, and
general welfare of the Village and of the immediate area in which
such use would be located.
(b)
The conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity nor adversely affect property
values in the area.
(c)
The establishment of the conditional use will not impede the
normal and orderly development and improvement of the surround property
for uses allowed in the district.
(d)
Adequate utilities, access, drainage, and/or other necessary
facilities have been or are being provided.
(e)
The proposed use will be adequately served by essential public
services and facilities and the use will not create excessive additional
public costs or be detrimental to the economic welfare of the Village.
(f)
Adequate measures have been or will be taken to provide ingress
and egress and the proposed project will not adversely affect traffic
flow and congestion on public streets.
(g)
The conditional use conforms to the applicable regulations of
the district in which it is located.
G.
Conditions.
(1)
The Village Board may, in approving an application for a conditional
use permit, impose such conditions and requirements that it determines
are required to prevent or minimize adverse effects from the proposed
conditional use on other properties in the neighborhood and on the
general health, safety, and welfare of the Village. All such conditions
placed on a conditional use shall be:
(a)
Consistent with the general purpose or intent of this chapter.
(b)
Based upon substantial evidence, defined as facts and information
other than merely personal preferences or speculation, directly pertaining
to the requirements and conditions an applicant must meet to obtain
a conditional use permit and that reasonable persons would accept
in support of a conclusion; and
(c)
Measurable, to the extent practical.
H.
Expiration, duration, and transfer.
(1)
Expiration. All conditional use permits shall expire 12 months from
the date of authorization by the Village Board where the Village Board
determines that no action has commenced to establish the authorized
use.
(2)
Duration. A conditional use permit will generally remain in effect
as long as the conditions and requirements upon which the permit was
issued are followed. The Village Board may, at its discretion, grant
a limited term conditional use permit if a reasonable basis exists
for such limitation. Any limited term conditional use permit may be
subject to renewal after a re-evaluation of the use via a public hearing
before the Plan Commission and approval by the Village Board.
(3)
Transfer. Subsequent owners of the property are generally allowed
to continue the use, subject to conditions and requirements imposed
on the original conditional use permit.
I.
Revocation of conditional use permit. Should a permit applicant,
his heirs or assigns, fail to comply with the conditions of the permit
issued by the Village Board or should the use, or characteristics
of the use, be changed without prior written approval by the Village
Board, the conditional use permit may be revoked. The process for
revoking a permit shall generally follow the procedures for granting
a permit as set forth in this chapter.
J.
Effect of denial. No application 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.
Refer to Article VII, Signs, of this chapter for sign permit requirements and procedures.
A.
Applicability. The Village Board may from time to time, on its own
motion or on petition, amend, supplement or change the district boundaries
or the regulations of this chapter following the procedures prescribed
by § 62.23, Wis. Stats.
B.
Initiation. Amendments may be initiated by the Village Board, Plan
Commission, or by any interested person or organization.
C.
Application.
(1)
Application. All applications for an amendment to this chapter shall
be made to the Zoning Administrator using forms furnished by the Village
of Mishicot. Such application shall include the following:
(a)
Name and address of the petitioner.
(b)
Signature of the petitioner.
(c)
If the application is for a zoning text amendment, the proposed
text changes including reference(s) to the affected section(s) of
this chapter.
(d)
If the application is for a zoning map amendment, a description
of the affected property, the current zoning district classification(s),
and the proposed zoning district classification(s).
(e)
Fees.
[1]
Application for an amendment shall be accompanied by a fee established
by the Village Board.
[2]
The applicant shall pay the total cost associated with public
hearing notification and legal publications to the Village of Mishicot.
[3]
Costs associated with a third-party consultant hired by the
Village for review of an application (e.g., planning, engineering,
architectural, legal, etc.) may be the responsibility of the applicant.
(2)
No application shall be accepted by the Zoning Administrator until
complete as judged by the Zoning Administrator and until the fee established
by the Village Board has been paid in full. Submittal of a complete
application and required application fee does not guarantee approval/issuance
of the permit, certificate, or request.
D.
Public hearing and notification.
(1)
A public hearing on all proposed amendments shall be held by the
Plan Commission within 45 days after receipt of a complete application,
unless the time is extended by agreement with the applicant.
(2)
Notice of such public hearing shall be given pursuant to Ch. 985,
Wis. Stats.
(3)
Not less than 10 days before the hearing, a copy of the notice shall
be provided to the following. Failure to give such notice(s) shall
not invalidate the public hearing nor any decision on the proposed
amendment.
(a)
The Clerk of any municipality whose boundaries are within 1,000
feet of property affected by a proposed amendment. (Note: For zoning
text amendments, it is assumed that all properties within the Village
are affected.)
(b)
For zoning map amendments (rezoning), property owners of all
lands located within 300 feet of any part of the parcel(s) affected
by a proposed zoning map amendment.
E.
Plan Commission recommendation.
(1)
Within 45 days after the public hearing and after consideration of
comments provided therein, the Plan Commission shall review the proposed
amendment and make a recommendation to the Village Board that the
application be granted as requested or modified, or denied, unless
the time is extended by agreement with the applicant. If the Plan
Commission fails to make a recommendation within this time frame,
the proposed amendment shall be forwarded to the Village Board without
recommendation.
(2)
The Plan Commission shall not recommend adoption of a proposed amendment
unless it finds that adoption of such amendment is consistent with
the Village's adopted comprehensive plan and is in the public
interest.
F.
Village Board action.
(1)
Within 120 days after receipt of a complete application, the Village
Board shall review the proposed amendment and Plan Commission recommendation,
and act to approve or deny the proposed amendment, unless the time
is extended by agreement with the applicant. Failure of the Village
Board to act within such time frame shall constitute approval of the
proposed amendment as presented.
(2)
The Village Board may approve an amendment by a favorable vote of
a simple majority of a voting quorum.
(3)
The Village Board shall not approve an amendment unless it finds
that adoption of such amendment is consistent with the Village's
adopted comprehensive plan and is in the public interest.
G.
Effect of denial. No application 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.
Applicability. The Board of Appeals may, upon appeal in specific
cases, authorize variance from the terms of this chapter where it
finds such variance will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement will 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.
B.
Application.
(1)
Application. All applications for variance from the terms of this
chapter shall be made to the Zoning Administrator using forms furnished
by the Village of Mishicot. Such application shall include the following:
(a)
Name and address of the petitioner.
(b)
Signature of the petitioner.
(c)
Location of property involved in the petition.
(d)
Proposed use or structure in question, including a site plan
showing the preferred arrangement for which the variance is sought.
(e)
Section(s) of this chapter from which a variance is requested.
(f)
Details as to the narrowness, shallowness, shape, topography,
or other characteristics of the land or the physical conditions applying
to the building, structure, use or intended use which make it not
merely inconvenient but extremely difficult, if not impossible, to
comply with the provisions of this chapter.
(g)
A statement that the conditions detailed above are unique to
this property and are not generally existing on other properties in
the same zoning district.
(h)
A statement that the unnecessary hardship was not caused by
the applicant nor by any persons still having an interest in the property.
(i)
Fees.
[1]
Application for a variance shall be accompanied by a fee established
by the Village Board.
[2]
The applicant shall pay the total cost associated with public
hearing notification and legal publications to the Village of Mishicot.
[3]
Costs associated with a third-party consultant hired by the
Village for review of an application (e.g., planning, engineering,
architectural, legal, etc.) may be the responsibility of the applicant.
(2)
No application shall be accepted by the Zoning Administrator until
complete as judged by the Zoning Administrator and until the fee established
by the Village Board has been paid in full. Submittal of a complete
application and required application fee does not guarantee approval/issuance
of the permit, certificate, or request.
C.
Public hearing and notification.
(1)
A public hearing on all variance applications shall be held by the
Board of Appeals within 45 days after receipt of a complete application,
unless the time is extended by agreement with the applicant.
(2)
Notice of such public hearing shall be given pursuant to Ch. 985,
Wis. Stats.
(3)
Not less than 10 days before the hearing, a copy of the notice shall
be provided to the Clerk of any municipality whose boundaries are
within 1,000 feet of property affected by a variance application and
property owners of all lands located within 300 feet of any part of
the parcel(s) affected by a variance application. Failure to give
such notice(s) shall not invalidate the public hearing nor any decision
on the variance application.
D.
Board of Appeals action.
(1)
Within 45 days after the public hearing and after consideration of
comments provided herein, the Board of Appeals shall review the variance
application and act to approve, approve with conditions or modifications,
or deny the variance, unless the time is extended by agreement with
the applicant. Failure of the Board of Appeals to act within such
time frame shall constitute approval of the variance as presented.
(2)
The Board of Appeals may approve a variance by a favorable vote of
a simple majority of a voting quorum.
E.
Findings. No variance to the terms of this chapter shall be granted
by the Board unless it finds by the preponderance of evidence presented
that all the following facts and conditions exist. The burden of proof,
at all times, remains with the applicant to establish that the proposed
variance satisfies the following findings:
(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 or conditional use in that particular district (i.e.,
use variances are prohibited).
(2)
Unnecessary hardship. No variance shall be granted unless compliance
with the provisions of this chapter cause an unnecessary hardship.
Unnecessary hardship exists when compliance would unreasonably prevent
the owner from using the property for a permitted purpose (leaving
the property owner without any use that is permitted for the property)
or would render conformity with such restrictions "unnecessarily burdensome."
(3)
Unique property limitations. No variance shall be granted unless
there are unique physical limitations of the lot or parcel that do
not apply generally to other properties in the same district and the
granting of the variance would not be of so general or recurrent nature
as to suggest that this chapter should be changed.
(4)
No harm to public interest. No variance shall be granted that will
create substantial detriment to adjacent property and will materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
(5)
Economic hardship and self-imposed hardship. No variance shall be
granted solely on the basis of economic gain or loss. Self-imposed
hardships shall not be considered as grounds for the granting of a
variance.
(6)
Preservation of property rights. The variance must be necessary for
the preservation and enjoyment of substantial property rights possessed
by other properties in the same district and same vicinity.
F.
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 final decision
of the Board of Appeals.
A.
Applicability.
(1)
The Board of Appeals shall, upon appeal in specific cases, hear and
decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by the Zoning Administrator.
(2)
Such appeals shall be filed with the Zoning Administrator within
30 days after the date of written notice of the order, requirement,
decision or determination made by the Zoning Administrator.
(3)
Stays. An appeal shall stay all proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal is taken
shall certify to the Board of Appeals, after the notice of appeal
shall have been filed, that by reason of facts stated in the certificate
a stay would cause imminent peril to life or property. In such case,
proceedings shall not be stayed other 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.
B.
Application.
(1)
Application. All appeals shall be made to the Zoning Administrator
using forms furnished by the Village of Mishicot. Such appeal shall
include the following:
(a)
Name and address of the appellant.
(b)
Signature of the appellant.
(c)
Location of property involved in the appeal.
(d)
The order, requirement, decision or determination being appealed
and the grounds claimed for the appeal.
(e)
Additional Information as may be required by the Board of Appeals.
(f)
Fees.
[1]
Appeals shall be accompanied by a fee established by the Village
Board.
[2]
The appellant shall pay the total cost associated with public
hearing notification and legal publications to the Village of Mishicot.
[3]
Costs associated with a third-party consultant hired by the
Village for review of an application (e.g., planning, engineering,
architectural, legal, etc.) may be the responsibility of the appellant.
(2)
No appeal shall be accepted by the Zoning Administrator until complete
as judged by the Zoning Administrator and until the fee established
by the Village Board has been paid in full. Submittal of a complete
appeal and required application fee does not guarantee approval of
the appeal.
C.
Public hearing and notification.
(1)
A public hearing on all appeals shall be held by the Board of Appeals
within 45 days after receipt of a complete application, unless the
time is extended by agreement with the applicant.
(2)
Notice of such public hearing shall be given pursuant to Ch. 985,
Wis. Stats.
(3)
Not less than 10 days before the hearing, a copy of the notice shall
be provided to the Clerk of any municipality whose boundaries are
within 1,000 feet of property affected by an appeal and property owners
of all lands located within 300 feet of any part of the parcel(s)
affected by an appeal. Failure to give such notice(s) shall not invalidate
the public hearing nor any decision on the appeal.
D.
Board of Appeals action.
(1)
Within 45 days after the public hearing and after consideration of
comments provided herein, the Board of Appeals shall review the appeal
and act to approve, approve with conditions or modifications, or deny
the appeal, unless the time is extended by agreement with the applicant.
Failure of the Board of Appeals to act within such time frame shall
constitute approval of the appeal as presented.
(2)
The Board of Appeals may approve a variance by a favorable vote of
a simple majority of a voting quorum.
(3)
The burden of proof at all times remains with the appellant.
E.
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 final decision
of the Board of Appeals.
A.
Publishing. Fees for building/zoning permits, certificate of occupancy,
conditional uses, sign permits, zoning amendments, variances, appeals,
or other requests before the Village shall be required to defray the
cost of administration, map preparation, inspections, public notices,
and recordkeeping. The Village Board shall establish a Fee Schedule
by resolution and the Fee Schedule shall be published and made available
through the Village Clerk. The said Fee Schedule may be updated from
time to time by resolution of the Village Board.
B.
Double fees. A double fee shall be charged by the Village if work
is started before a permit is applied for and issued. Such double
fee shall not release the applicant from full compliance with this
chapter, nor from prosecution for violation of this chapter.
C.
Third-party consultation/assistance. Any costs associated with a
third-party consultant hired by the Village for review of an application
(e.g., planning, engineering, architectural, legal, etc.) may be the
responsibility of the applicant.
A.
Any person, firm, or corporation, or agent, employee, or contractor
of such, who violates, disobeys, omits, neglects, or refuses to comply
with, or who resists enforcement of any provision of this chapter
shall, upon conviction, remove the building, structure or part thereof
or discontinue the use thereof which violates the terms of this chapter
within 60 days of such conviction. Upon failure to do so, the Village
Board shall order the removal of such building, structure, use or
part thereof which violates the terms of this chapter. Such removal
may be performed by an agent or by contract arrangement with private
persons and the cost of such removal shall become a lien upon the
property, collectible as are other taxes.
B.
Such person, firm or corporation may also be required, upon conviction,
to forfeit not less than $20 nor more than $2,000 for each offense,
together with the costs of prosecution, and in default of payment
of such forfeiture and costs shall be imprisoned in the county jail
of Manitowoc County until such forfeiture and costs are paid, but
not to exceed 30 days. Each day that a violation continues to exist
shall constitute a separate offense.
C.
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints must be in writing
and shall be filed with the Zoning Administrator who shall properly
record such complaint and immediately investigate in accordance with
the provisions of this chapter and the duties of his office.
D.
The Zoning Administrator shall report all written complaints and
the action taken to the Board of Appeals and the Village Board.
