Village of Waterford, WI Article VII Administration, Enforcement and Penalties

§ 245-54 Board of Appeals.

[Amended 10-10-2005 by Ord. No. 485; 12-11-2006 by Ord. No. 505; 8-13-2018 by Ord. No. 658]

A. How constituted: members, meetings and records.

(1) Members. The Board of Appeals shall consist of five residents appointed by the Village President, subject to confirmation by the Village Board, for three-year staggered terms. The members shall serve for such compensation as shall be fixed from time to time by the Village Board and shall be removable by the Village President for cause upon written charges and after public hearing. The Village President shall designate one of the members as Chairperson. The Village President shall appoint two alternate members for staggered three-year terms, in addition to the five members above provided for, and annually shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. Vacancies shall be filled for the unexpired term of members, including alternate members, whose terms become vacant. The Board of Appeals may employ a secretary and other employees.

(2) Rules and meetings. The Board of Appeals shall use Robert's Rules of Order for government and procedure. 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. The Chair or, in his or her absence, the Acting Chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(3) Records. 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 actions, all of which shall be immediately filed in the office of the Board of Appeals and shall be a public record.

B. Powers of the Board of Appeals.

(1) The purpose of this section is to provide regulations which 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 Wis. Stats. 62.23(7)(e)7. The Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all powers of the Zoning Administrator.

(2) The Board of Appeals shall have the following powers:

(a) To authorize upon appeal in specific cases such variance from the terms of the applicable chapters of this Code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Code will result in practical difficulty or unnecessary hardship, so that the spirit of the Codes shall be observed, public safety and welfare secured, and substantial justice done.

[1] In every case where a variance from these regulations has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that an unnecessary hardship or practical difficulty exists by the standards set forth in this section.

[2] The records of the Board shall clearly show in what particular and specific respect an unnecessary hardship or practical difficulty would be created by the literal application of such regulations.

(b) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator, Building Inspector, Plumbing Inspector or Electrical Inspector, except where prohibited by statute.

(c) To hear and decide special exceptions for which the terms of this chapter require Board of Appeals determination. Such special exceptions shall follow the requirements for conditional use permits set forth in § 245-16, as noted in Wis. Stats. s. 62.23(7)(de)1.a.

(3) In addition to the foregoing, the Board of Appeals shall have the following specific powers:

(a) To grant a permit for a temporary building for commerce or industry in a residence district that is not covered under any other provisions of this Code and that is incidental to the residential development, such permit to be issued for a period of not more than one year.

(b) To grant a permit for the extension of a district boundary for a distance of not more than 35 feet only where the boundary of a district divides a lot in a single ownership at the time of the adoption of this chapter.

(c) To permit the change of a nonconforming use to another nonconforming use of the same or higher classification. See § 245-10F.

(d) To interpret the provisions of the chapter in such a way as to carry out the intent and purpose of the plan as shown on the District Map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on such map.

(e) To permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the Code, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience or welfare.

(f) The Board of Appeals shall have the power to call on any other Village department for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.

C. Appeal procedure.

(1) Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the Village affected by any decision of the Zoning Administrator, Building Inspector, Plumbing Inspector or Electrical Inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Appeals, by filing with the Zoning Administrator and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals, give public notice and decide the same within a reasonable time pursuant to the procedures set forth in this section.

(2) Review and approval.

(a) All variance requests shall be subject to the review of the Zoning Administrator. The Board of Appeals shall review and act on all variance requests in accordance with the procedures in this section.

(b) In cases where the Board of Appeals has the power to perform other reviews, as set forth in Subsection D, the procedures set forth herein shall be followed as closely as possible; provided, however, that the information required shall be determined by the type of request being made.

(3) Initiation of request. Proceedings for approval of a request to the Board of Appeals shall be initiated by an application of the owner(s) or the owner's authorized agent for the subject property.

(4) Application requirements. Applications shall contain the following:

(a) A map of the generalized location of the subject property in relation to the Village as a whole.

(b) A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the variance or other determination is proposed and all other lands within 300 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. Said map shall clearly indicate the current zoning of the subject property and its environs. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.

(c) A written description of the proposed variance or other determination describing the type of specific requirements of the variance or other determination proposed for the subject property.

(d) A site plan of the subject property as proposed for development or change. Said site plan shall conform to any and all the requirements of § 245-56.6.

(e) Written justification for the requested variance or other determination consisting of the reasons why the applicant believes the proposed variance or other determination is appropriate.

(5) Application certification. All applications for requested variances shall be certified as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he or she shall return a copy of the application to the applicant and indicate incomplete or missing requirements.

(6) Review by the Zoning Administrator. The Zoning Administrator shall review and evaluate the application and prepare a written report 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 Comprehensive Plan, the Zoning Administrator shall note this determination in the report. Through the written report, the Zoning Administrator shall evaluate the following:

(a) Variances. In the case of a variance, whether exceptional or extraordinary circumstances or special factors are present that apply only to the subject property. The report shall clearly indicate how the subject property contains factors that are not present on other properties in the same zoning district. Area variances may be granted if there are unusual circumstances that apply to a lot or structure that don't apply to other properties in the district; granting a variance would not adversely impact the purposes of this Code; and strict application of the Code provisions would result in exceptional difficulties or hardship. Use variances may only be granted if literal interpretation of the Code would leave the owner with no reasonable use of the property. No variance may be granted to increase the profitability of the property; because of personal inconvenience; because of construction errors; for personal economic gain; because of self-created hardships; or if the present use of the property is nonconforming. Specifically:

[1] The hardship or difficulty shall be peculiar to the subject property and different from that of other properties and not one which 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 a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed.

[a] Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance.

[b] 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.

[c] Violations by, or variances granted to, neighboring properties shall not justify a variance.

[d] 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.

[2] In what manner the factors identified above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district. The report 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.

[3] Whether the granting of the proposed variance would be of substantial detriment to adjacent properties. The report shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.

[4] Whether the granting of the proposed variance as depicted on the required site plan would 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 report shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.

[5] Whether the factors that present the reason for the proposed variance have been created by the act of the applicant or previous property owner or his 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 report 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 his agent.

[6] Whether the proposed variance involves the regulations of Article X. The report shall clearly indicate that the requested variance does not involve the provisions of this article.

(b) Requests for other determinations by the Zoning Board of Appeals. The Zoning Administrator shall review and provide comments regarding the action appealed from or other request for the exercise of the Board of Appeals' powers under Subsection B. The Zoning Administrator shall transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

D. Review, public hearing and determination by Zoning Board of Appeals.

(1) Within 30 days after filing of the complete application, the Zoning Board of Appeals shall hold a public hearing.

(2) The Clerk shall publish a Class 2 notice of public hearing for the requested variance or other application. Said notice shall contain a description of the subject property and the proposed variance or other determination requested. At least 10 days before said public hearing, the Village shall mail a notice of the application to the applicant; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property; and to all property owners within 300 feet of the boundaries of the subject property. Failure to mail said notice, provided that it is unintentional, shall not invalidate proceedings under this section.

(3) Area and use variance and unnecessary hardship.

(a) In this section, "area variance" means a modification to a dimensional, physical, or locational requirement such as a setback, frontage, height, bulk, or density restriction for a structure, and "use variance" means an authorization by the Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning provision.

(b) A property owner bears the burden of proving "unnecessary hardship," as that term is used in this section, for an area variance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with this chapter unnecessarily burdensome or, for a use variance, by demonstrating that strict compliance with a zoning ordinance would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, a property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.

(4) Within 30 days after the holding of the public hearing, the Zoning Board of Appeals shall make its findings pursuant to this section 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, another Village department, and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance or other determination at the 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 action. If a quorum is present, a majority vote of the members present shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter. In exercising its powers, the Board of Appeals may, in appropriate cases, establish suitable conditions and safeguards in harmony with the general purpose and intent of this chapter.

E. Effect of denial. No application for a variance or other determination 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.

F. 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 as unique to the variance granted and shall not be construed as precedent for any other proposed variance. The Board of Appeals may specify an expiration date for the variance if that date relates to a specific date by which the action authorized by the variance must be commenced or completed. If the Board of Appeals does not specify such an expiration date, the variance does not expire. The variance runs with the land.

G. Stay of proceedings. Pursuant to Wis. Stats. § 62.23(7)(e)5, 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 which 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.

H. Variances and other actions in floodplain districts. For all variances, appeals and boundary disputes in floodplain districts, the Board of Appeals shall act pursuant to Chapter 256, specifically §§ 256-7C and D.

I. Notice to the Wisconsin Department of Natural Resources. The Zoning Board of Appeals shall transmit a copy of each application for a variance in the Floodplain or Shoreland-Wetland Overlay Zoning District and a copy of all floodplain or shoreland-wetland appeals to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to floodplain or shoreland-wetland regulations, and a copy of all decisions on floodplain or shoreland-wetland appeals, shall be transmitted to the DNR within 10 days of the date of such decision.

J. Any person aggrieved by any decision of the Board of Appeals, or any taxpayer or officer, department, board or bureau of the Village may, within 30 days after the filing of the decision in the office of the Board of Appeals, but not thereafter, present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of the Board shall be subject to review as provided by law.

K. Fee. A fee is required for this procedure. Refer to § 245-56L.

§ 245-55 Changes and amendments.

A. 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 herein or subsequently established whenever the public necessity, convenience, general welfare or good zoning practice requires such change. Before acting, the Village Board shall hold a public hearing and shall give notice by publication in a newspaper of general circulation at least once each week for two consecutive weeks. The hearing shall not be held for at least seven days following the last publication. The Clerk shall also give at least 10 days' notice to the petitioner and to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed action. The hearing shall provide opportunity for any person interested to be heard.

[Amended 11-22-2004 by Ord. No. 467]

B. In case of protest against such change duly signed and acknowledged by the owners of 20% or more of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20% or more of the area of the land immediately adjacent 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 amendment, supplement or change shall not become effective except by the favorable vote of three-fourths of the members of the Village Board.

C. The Village Board shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this chapter; or in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).

(1) Changes in the Urban Floodway District boundaries shall not be permitted where the change will increase the flood stage elevation in excess of one foot. Flood stage increases exceeding 0.1 foot (three cm) in height shall not be permitted unless the petitioner has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. Petitions for Urban Floodway District changes shall show the effects of the change within the associated flood fringe utilizing the equal degree of encroachment principle, and shall provide adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.

(2) No river or stream shall be altered or relocated until a floodland zoning change has been applied for and granted.

(3) Removal of land from the floodland districts shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood and further provided that such lands are contiguous to lands lying outside of the floodlands.

(4) Amendment of unnumbered A Zones shall not be permitted unless the petitioner provides the Village with engineering data showing the flood profile, necessary river cross-sections, flow elevations and any effect the establishment of a floodway/flood fringe will have on flood stages. The effects shall be limited as set forth in this section. If the unnumbered A Zone is less than five acres in area and where the cost of the proposed development is estimated to be less than $75,000, the Department of Natural Resources (DNR) will assist the petitioner in determining the required flood elevations.

(5) A copy of all notices for amendments or rezoning in the floodland districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA). Amendments to the flood district boundaries or regulations shall not become effective until approved by the DNR and the FEMA. In the case of a floodland district boundary change, an official letter of map amendment from the FEMA shall also be required.

D. Any person who shall petition the Village Board to amend, supplement or change the district boundaries or regulations herein or subsequently established thereby requiring notice by publication and a hearing thereon, shall pay to the Clerk at the time of submitting the petition and prior to any publication or hearing thereon, a fee in an amount set by the Village Board to defray the necessary costs and expenses of publication and hearing, which shall be paid into the Village Treasury, and no part thereof shall be returned to the applicant regardless of the disposition of the petition.

[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489]

E. Submission of supporting documentation for zoning amendment. Any person who petitions the Village Board to zone or rezone any property in the Village shall meet and confer with the Village Administrator regarding the petition. The Village Administrator shall determine whether the following documentation is required to support the petition and may waive the submission of this documentation if more-detailed information is required by another section of this Municipal Code. The Village Administrator may require the submission of all or some of the following documentation prior to submission of the petition to the Village Board:

[Added 6-23-2008 by Ord. No. 529]

(1) An accurate map of the area covered by the plan, at a scale of one inch equals 100 feet, with contour lines at two-foot intervals.

(2) The pattern of public and private roads, driveways, walkways and parking facilities and proposed design and construction standards.

(3) A detailed lot layout and subdivision plat, where required.

(4) The arrangement of building groups, other than single-family detached residences.

(5) Floor plans and elevations or perspectives showing the architectural treatment of all buildings other than single-family detached residences.

(6) Statistical tabulations showing the apportionment of land uses, the density of residential use, the ratio of apartments by bedroom count, the percentage of ground cover by buildings, the floor area ratio, and the parking ratio.

(7) A grading plan and storm drainage system.

(8) Plans for sanitary sewer and water systems.

(9) The location, type and design detail of all recreational or other special amenities.

(10) The location and a description of any areas to be dedicated to the public.

(11) Landscape plans, including a plant materials list.

(12) A proposed development schedule showing the overall phasing anticipated, the starting and anticipated completion time for the project, and the area of open space to be provided with each phase.

(13) If the plan contemplates any portion of the project to be implemented or subsequently owned by other than the petitioner, sufficient information concerning such arrangements shall be submitted to enable the Village to be assured that the development will be carried out in complete compliance with the spirit and intent of the approval granted.

(14) Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the development and any of its common services, common open areas or other facilities.

(15) Floodplain information necessary to determine compliance with Chapter 256 of this Municipal Code.

(16) Any other plans, documents or schedules deemed necessary by the Village for proper evaluation of the proposal.

§ 245-56 Enforcement; permits; fees.

[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489; 4-23-2007 by Ord. No. 511; 4-8-2013 by Ord. No. 601; 8-13-2018 by Ord. No. 658]

A. Enforcement. The Zoning Administrator, with the aid of the Police Department and Building Inspector, shall enforce the provisions of this chapter, and shall have the powers and duties set forth in § 245-59.

B. Compliance required. No structure, land, development or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

C. Building permits and zoning permits. The use of the terms "building permit" and "zoning permit" generally mean the required permits under each applicable chapter of this Code. The term "building permit" generally includes the building permits and occupancy permits required under Chapter 98 and other applicable provisions of this Code. The term "zoning permit" generally includes zoning use permits and certificates of zoning compliance required under this chapter and the Land Use Division of this Code.

(1) No building or structure shall hereafter be erected or structurally altered until a building permit has been applied for in accordance with Chapter 98, Building, Plumbing, Electrical and Mechanical Code, and until a zoning use permit has been applied for and issued in compliance with § 245-56.2 and the provisions of this chapter regulating the use of the land, location of all buildings, setback lines and all other zoning requirements as herein prescribed.

(2) No building permit for excavation for or erection of any building or part of a building, or for repairs to or alterations of a building, shall be issued until after a zoning use permit has been applied for and a statement of its intended use has been filed by the applicant, and the zoning use permit has been granted.

(3) No vacant land or building shall hereafter be occupied or used, and no floodland shall be filled, excavated or developed; and no conforming use shall be changed until a certificate of zoning compliance has been issued by the Zoning Administrator pursuant to § 245-56.8. Such certificate shall show that the structure, premises or use is in compliance with the provisions of this chapter. Such certificate shall be applied for before the party occupies any land or structure or there is a renewal or change in a nonconforming use. Application for a certificate of occupancy in the floodland districts shall include a certification by a registered professional engineer or land surveyor that the floodland regulations set forth in this chapter have been fully complied with.

D. Conditional use permits; Board of Appeals.

(1) No building, structure or development requiring a conditional use permit as set forth in § 245-16 shall hereafter be erected, developed, used, extended or structurally altered until a permit has been issued by the Plan Commission after a public hearing properly noticed as set forth in § 245-16.

(2) No building, structure or development requiring a determination by the Board of Appeals shall hereafter be erected, developed, used, extended or structurally altered until approval thereof is issued by the Board of Appeals pursuant to the requirements set forth in § 245-54.

(3) Due notice of the consideration of any floodland conditional use or Board of Appeals application shall be transmitted to the Wisconsin Department of Natural Resources (DNR) for review and comment. Final action on an application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to floodland conditional uses shall be transmitted to the DNR within 10 days of the effective date of such decision.

E. Other permits.

(1) Temporary use permit. A zoning temporary use permit is required for temporary uses and for the use of land for temporary structures as provided in § 245-56.4 of this Municipal Code, which sets forth the specific requirements for such permit. When a temporary use permit has been issued, a certificate of occupancy for the temporary use is not required.

(2) It is the responsibility of a permit 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 Wis. Stats. Ch. 30 or a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act.

F. Continuance of existing uses. Nothing in the chapter shall prevent the continuance of the present occupancy or lawful use of any existing building, except as may be necessary for the safety of life and property.

G. Utilities. Except for public water supply and sanitary sewerage service in floodplain districts, as set forth in Chapter 256, no separate permit under this chapter shall be required for the necessary and customary construction, reconstruction or maintenance of aboveground or underground public utility neighborhood service lines and mechanical appurtenances thereto; however, § 245-10B shall apply to the review of the placement of said utility facilities. When a single site is being developed, review of the placement of the utility facilities shall be performed as part of the Zoning Administrator's review of a building permit application or the Plan Commission's review of a precise implementation plan. If utilities are being installed as part of a Planned Community Development District general development plan or precise implementation plan, the placement of the utility facilities shall be performed as part of that review. See also § 235-23.1.

H. Applications. Unless otherwise specified in this chapter, all applications for permits required by this chapter shall contain a location sketch in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building, the lines within which the building shall be erected, altered or moved, the existing or intended use of each building or part of a building, the number of families the building is intended to accommodate and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter.

I. Dimensions. All dimensions shown relating to the location and size of the lot shall be based upon an actual survey, recorded plat, or other map or drawing allowed by the Zoning Administrator. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

J. Permit approval. Except as otherwise provided in this chapter, the Zoning Administrator shall issue or refuse to issue a zoning use permit or certificate of zoning compliance within a reasonable time after receipt of a completed application therefor. No time limits begin to accrue until the application is complete. Refusal to issue such a permit shall be given in writing, with the reasons for such refusal.

K. Existing buildings. Upon written request from the owner, the Zoning Administrator shall issue a zoning certificate of compliance for any building or premises existing on December 13, 1982, or at the time of the adoption of an applicable amendment to 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 provisions of the chapter.

L. Fees. Fees pertaining to petitions and applications required under this chapter shall be established by action of the Village Board from time to time. Such fees shall be paid to the Treasurer, who shall give a receipt therefor, and shall be credited to the Village.

§ 245-56.1 Appeals of Plan Commission decisions.

[Added 11-11-2013 by Ord. No. 610]

A. Appeals. Where no other appeal procedure is specifically set forth in a section of this chapter, an appeal from a decision of the Plan Commission shall be to the Village Board, upon the filing of a written notice of appeal of said decision to be filed in the office of the Clerk of the Village of Waterford not later than 30 days from the date of the decision by the Plan Commission. Upon receipt of said notice of appeal, the Village Clerk shall schedule the matter before the Village Board for hearing and review, which shall be scheduled at any regularly scheduled meeting of the Village Board. The applicant may request that the matter be heard at a special meeting of the Village Board upon payment of the cost therefor. The decision of the Village Board shall be final, subject only to judicial review per Wisconsin Statutes.

B. In the event of such an appeal, the Plan Commission shall submit a report to the Village Board, including the findings of fact and conclusions of law that formed the basis of the Plan Commission's decision. The Commission shall provide the appellant with a copy of the report. The appellant may file an objection to the report, and interested parties shall have the opportunity to present arguments supporting or objecting to the Plan Commission's decision to the Village Board. The Village Board shall determine whether the arguments shall be presented orally or in writing, or both, and may determine whether additional evidence may be presented.

C. The Village Board, after considering the Plan Commission's report and any arguments presented, may uphold, modify or overturn the Plan Commission's decision or may return the matter to the Plan Commission for additional review.

D. Judicial review. A final action of the Village Board may be reviewed by the Circuit Court for Racine County pursuant to Wis. Stats. § 68.13.

§ 245-56.2 Zoning permits.

[Added 8-13-2018 by Ord. No. 658]

A. Purpose. The purpose of this section is to specify the requirements and procedures for the issuance of zoning use permits and zoning certificates of compliance.

B. Zoning use permit.

(1) Applicability. Zoning use permits are generally issued by the Zoning Administrator for certain projects, as specified below, in order to verify compliance with the provisions of this chapter. A zoning use permit is required from the Zoning Administrator in the following instances:

(a) Before any structure is erected, affixed, moved, or structurally altered to increase its floor area.

(b) Before any area of one acre or greater will be disturbed by excavation, grading, filling, or other earthmoving activities resulting in the loss or removal of protective ground cover or vegetation.

(c) Before a land disturbing activity over more than 5,000 square feet is to occur on slopes greater than 12%.

(d) Before any substantial alteration that would effect a change in use of an existing site or structure.

(e) Before the commencement of any structural modification or structural repair of an existing nonconforming structure or to a structure housing a nonconforming use, and before any change in the use of a nonconforming use.

(f) Before the establishment of a new land use, and before any specific land use for which a stormwater management plan, grading plan, and/or erosion control plan is required.

(g) Before any other land disturbing activity occurs where the Zoning Administrator determines that high levels of erosion or runoff are likely unless an erosion control plan or stormwater management plan, or both, is developed.

(h) Any other instances that have been indicated in other parts of this chapter.

(2) Review and approval. All zoning use permit requests shall be subject to the review and approval of the Zoning Administrator, unless as otherwise specified in this Code.

(3) Application requirements. Applications for zoning use permits shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following information where pertinent for proper review:

(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 land surveyor licensed in Wisconsin showing the location, boundaries, dimensions, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements; streets and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; high water, channel floodway, and floodplain boundaries; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show type, slope and boundaries of soils shown in the Racine County Soils Survey prepared by the United States Department of Agriculture Natural Resources Conservation Service. The Zoning Administrator may allow an alternate drawing or sketch if appropriate.

(d) Additional information as may be required by the Plan Commission or Zoning Administrator.

(e) Before any use for which a conditional use permit has been granted under this chapter commences operation.

(4) Review by the Zoning Administrator. A zoning use permit shall be granted or denied by the Zoning Administrator in writing within 30 days of the application, and the applicant shall post such permit in a conspicuous place at the site. The permit shall expire within four 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 was issued is not 75% completed as measured by the dollar amount of the permit. The applicant shall reapply for a zoning use permit before recommencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(5) Fees. A fee in an amount set by the Village Board and set forth in the Fee Schedule is required with the submittal of a zoning use permit application. Zoning permit fees do not include and are in addition to building permit fees established by the Building Code. A double fee may be charged by the Zoning Administrator if work is started before a permit is applied for and/or issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

C. Certificates of zoning compliance.

(1) Purpose. The purpose of a certificate of zoning compliance is to provide regulations governing the review and approval of changes prior to occupancy. This procedure is required to ensure completed development complies with the zoning use permit, approved site plan, and the requirements of this Code. A certificate of zoning compliance is independent of any building permit or occupancy permit issued by the Building Inspector.

(2) Applicability. Certificates of zoning compliance are required for any of the following:

(a) Any occupancy or use for which a zoning use permit was issued.

(b) Any change in the tenant of a nonconforming use. No change of tenant in a nonconforming use for continuation of the nonconforming use shall take place until a certificate of zoning compliance has been issued by the Zoning Administrator.

(c) Any request for documentation that an existing use is a conforming use, or for documentation of a nonconforming use.

(3) Review and approval. All certificates of zoning compliance are subject to the review of and are issued by the Zoning Administrator after verification of conformance to any permit issued and/or the provisions of this Code.

(4) Issuance of certificate of zoning compliance.

(a) Every application for a zoning use permit shall also be deemed to include an application for a certificate of compliance.

(b) Such certificate of compliance shall be issued within 10 working days after a written request for the same has been made to the Zoning Administrator if the work covered in the zoning use permit has been completed in conformity with the provisions of this Code.

(c) If there are minor items missing, such as the installation of required street trees, the Zoning Administrator shall require the applicant to provide a cash deposit in the amount estimated to complete the missing item, and if the work is not completed within the time specified by the Zoning Administrator, the Village shall complete the work with the funds deposited, and in case that amount is deficient, shall place the difference on the tax roll as a special charge. If the applicant completes the work within the time specified, the Village shall refund the amount of the cash deposit.

(5) Written application for a certificate of zoning compliance for the use of for a use not requiring a zoning use permit shall be made to the Zoning Administrator; if the use is in conformity with the provisions of this Code, the certificate shall be issued within 10 working days after the complete application has been made.

(6) Every certificate of zoning compliance shall state that both the building and the proposed or existing use of a building or land substantially comply with all provisions of this chapter. A record of all certificates of zoning compliance shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

(7) Termination of certificate of zoning compliance. It shall constitute a violation of this chapter for any person or entity, either owner or agent, to occupy a building or land in violation of this section without having first obtained a certificate of zoning compliance. Any certificate 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 is established to the satisfaction of the Zoning Administrator, he or she shall forthwith revoke the certificate of zoning compliance by written notice to be delivered to the holder of the void permit upon the premises where the violation has occurred or, if such holder is not found there, by mailing said notice of revocation by letter, with delivery confirmation, to the holder's last known address. Any person who proceeds thereafter with such use without having obtained a new certificate of zoning compliance shall be deemed guilty of a violation of this chapter.

(8) Fee. A fee is required for this procedure. See § 245-56L.

§ 245-56.3 Conditional use permit procedures.

[Added 8-13-2018 by Ord. No. 658]

See § 245-16.

§ 245-56.4 Temporary use permit procedures.

[Added 8-13-2018 by Ord. No. 658]

A. Purpose. The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary use permits.

B. Applicability. A temporary use permit may be granted to allow a use that may not otherwise be allowed in the underlying district for a short period of time, or to allow a use other than the permanent use identified for the parcel upon which it lies.

C. Review and approval. All temporary use permit requests shall be subject to the review of and are issued by the Zoning Administrator.

D. Application requirements. A temporary use permit is required for a temporary use and/or a temporary structure. An application for a temporary use permit be submitted to the Zoning Administrator prior to the event and shall contain all of the following, at the discretion of the Zoning Administrator:

(1) A map of the generalized location of the subject property in relation to the Village as a whole.

(2) A map of the subject property in a form acceptable to the Zoning Administrator showing all lands for which the temporary use is proposed and all other lands within 300 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property and its environs. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.

(3) 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. This information shall include whether there will be amplified music and whether alcoholic beverages will be served.

(4) Demonstration that the proposed temporary use meets all temporary use requirements of this chapter (see Article X).

(5) The Zoning Administrator may also require a detailed site plan of the use of the subject property.

(6) General standards. The Zoning Administrator may issue or deny a temporary use permit, or may request additional information in order to make a determination.

(a) Zoning Administrator review. The Zoning Administrator will review an application for a temporary use permit and determine:

[1] Whether the use is allowed in the zoning district. If it is not allowed, the Zoning Administrator may deny the application, or may seek the determination of the Village Administrator in making a decision.

[2] If the use is allowed, the Zoning Administrator will determine whether the proposed use will be served adequately by streets, off-street or on-street parking, police and fire protection, refuse disposal, and other public facilities or if the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site. If so, the Zoning Administrator may issue the permit.

(b) Appeal to the Plan Commission. If the application is denied, the applicant may appeal the denial to the Plan Commission. The Plan Commission will review the application and the reason for Zoning Administrator's denial, and determine:

[1] Whether the proposed use will cause undue traffic congestion or draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets. If that cannot be accomplished, the Plan Commission will deny the application.

[2] Whether the proposed temporary use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district affected were established. Competition with existing business in the Village shall not constitute a reason for denial of the permit.

(c) Conditions.

[1] If the Zoning Administrator or the Plan Commission approves a permit, they may impose such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or Village requirements), and other matters relating to the purposes and objectives of this chapter upon the premises as the Zoning Administrator or Commission deems necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property and upon public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the temporary use permit.

[2] The Zoning Administrator or Plan Commission may require the applicant to mail or deliver notice of the temporary use to the neighboring property owners prior to the event. If notice is required, the notice shall include the description of the use, the location, the dates, the hours of operation, the parking arrangements, whether food and/or alcohol will be served, and a description of the type of noise, amplification, and/or music expected. The applicant shall provide a copy of the notice, proof that the notice was mailed or delivered, and a list of the persons to whom it was mailed or delivered prior to the temporary use.

[3] Violation of any condition, limitation or requirement for notice shall be a violation of this chapter and shall constitute grounds for revocation of the temporary use permit.

(7) Effect of/on other permits.

(a) The amendment of a conditional use permit or precise implementation plan is not required in order to obtain a temporary use permit.

(b) The approval and issuance of a temporary use permit does not amend a conditional use permit or precise implementation plan.

(c) A temporary use permit is required even when no conditional use permit or precise implementation plan is required under the Zoning Regulations.

(d) When a special event permit is required under Chapter 188 and approved for the same use, no temporary use permit is required.

(e) If the terms of a conditional use permit, precise implementation plan, or variance existing on the date of the adoption of this section include the use of the property for the specific temporary uses covered in this section, no new temporary use permit is required under this section. If the CUP, PIP or variance does not cover the specific temporary use, a temporary use permit is required.

E. Limitations on temporary use permits.

(1) Time limitations. No temporary use permit will be issued for a total of more than 180 days in any one calendar year, except as may otherwise be set forth in the specific regulations for the use or structure set forth in § 245-118.

(2) Temporary use discontinuance. A temporary use permit shall be deemed to authorize only the particular temporary use for which it was issued. The permit will automatically expire and cease to be of any force or effect if the use is discontinued.

(3) A temporary use permit is effective only for the dates listed in the permit.

F. Amendments to temporary use permits. Temporary use permits may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for the original approval of a temporary use permit.

G. Review of temporary use permit. An existing permit may be reviewed by the Village as follows:

(1) The Zoning Administrator may review a permit if the Zoning Administrator becomes aware of any of the following:

(a) The temporary use has not continued in conformity with the Village's conditions of approval of the permit or with any subsequent amendments to the permit.

(b) Violations of other statutes, ordinances, or laws.

(c) A change in the character of the surrounding area or in the temporary use itself that has caused the temporary use to become incompatible with the surrounding uses.

(2) The determination of a review of a granted temporary use permit shall be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the temporary use permit as to the reason(s) for the review.

(3) Upon review of the temporary use permit, the Zoning Administrator may: take no action, revise the temporary use permit, specify additional conditions to be added to the temporary use permit, or may terminate the temporary use permit. The Zoning Administrator will report the review and action to the Plan Commission.

(4) If the permit holder is found to be out of compliance with the terms of the permit, or there has been a violation of statutes, ordinances or other laws, the permit holder shall be charged the actual cost of the review.

H. Standards applicable to all temporary uses. The following standards shall apply to all temporary uses unless different standards are provided for the specific use:

(1) Trash and debris. All trash and debris shall be removed or contained daily.

(2) Written consent is required. Written consent from the owner, or authorized agent, of the property shall be provided in the application for the temporary use permit.

(3) Signage. All signage shall be according to the Village of Waterford Sign Regulations.

(4) Removal of materials and equipment. All materials and equipment shall be removed within three days of the end of the use.

I. Violation. 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.

J. Fee. A fee is required for this procedure. Refer to § 245-56L.

§ 245-56.5 Sign permit procedures.

[Added 8-13-2018 by Ord. No. 658]

See § 245-30 for applicable requirements for sign permits.

§ 245-56.6 Site plan review and approval procedures.

[Added 8-13-2018 by Ord. No. 658]

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 proposed land uses and development activity comply with the requirements of this chapter. Specifically, this section requires all new development activity and redevelopment activity, including additions and significant remodeling (i.e., building permits and zoning permits) to first obtain the approval of site, building, landscaping, and operational plans by the Plan Commission before the building, occupancy, and zoning permits can be issued, except that infrastructure development activity associated with an approved final plat of subdivision or certified survey map, and infrastructure development activity associated with an approved final development plan of a planned community development district, is exempt from this requirement.

B. Applicability. All land uses listed in Article X are subject to site plan review and approval except for the following:

(1) Single-family and two-family residential uses on individual lots in any zoning district.

(2) Uses within a final development plan in a planned community development district in accordance with the procedures of Article VIII, provided that the final development plan provides a similar level of detail and range of plans as a typical site plan submittal required under this chapter.

(3) The use of an existing building for a new use when no structural modifications or additions are made to the existing building and all requirements for the new use are met.

(4) Temporary uses unless the Zoning Administrator requires the submission of a site plan.

C. Review and approval. All site plans shall be subject to the review of the Zoning Administrator. The Plan Commission shall review and act on the site plan in accordance with the procedures in this section.

D. Initiation of request for site plan approval. Proceedings for approval of a site plan shall be initiated by the owner of the subject property or his or her legally authorized representative. The applicant shall meet with the Zoning Administrator and other applicable Village staff for a pre-application meeting to discuss preliminary concepts and plans for the development. Guidance will be provided to the applicant on technical requirements and procedures, and a timetable for project review may be discussed.

E. Application for site plan review. A site plan application may be considered complete if it contains all of the following, unless specific application requirements are waived in writing by the Village Administrator, Village Engineer, or the Zoning Administrator:

(1) Written description of the intended use describing in reasonable detail the:

(a) Existing zoning district(s) and proposed zoning district(s), if different.

(b) Current land uses present on the subject property.

(c) Land use designation(s) as depicted on the Land Use Map in the Comprehensive Plan.

(d) Proposed land uses for the subject property (per Article X).

(e) Projected number of residents, employees, and daily customers.

(f) Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface ratio.

(g) Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation.

(h) Operational considerations relating to potential nuisance creation pertaining to 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.

(i) Exterior building and fencing materials.

(j) Possible future expansion and related implications for Subsection E(1)(a) through (i) above.

(k) 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 showing the subject property and illustrating its relationship to the nearest street intersection.

(3) A property site plan map that includes:

(a) Title block that indicates the name, address, and phone/fax number(s) of the current property owner and/or agent(s) (i.e., developer, architect, engineer, or planner) for the project.

(b) The date of the original plan and the latest date of revision to the plat.

(c) A North arrow and a graphic scale (at a minimum scale of 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 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 dimension (cross section and entry throat) of all access points onto public streets.

(j) The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter.

(k) The location and dimension of all loading and service areas on the subject property and labels indicating the dimension 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 Article XII.

(o) The location and type of any permanently protected green space areas.

(p) The location of existing and proposed drainage facilities.

(q) In the legend, the following data for the subject property: lot area, floor area, floor area ratio, impervious surface area, impervious surface ratio, and building height.

(4) A detailed landscaping plan of the subject property, at the same scale as the main plan, showing the location of all landscaping areas and existing and proposed landscaping, landscaping points, fencing, and berm options. The landscaping plan shall demonstrate complete compliance with the requirements of Article XII. (Note: The individual plant locations and species, fencing types and heights, and berm heights must be provided.)

(5) A grading and erosion control plan, at the same scale as the main plan, 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 shall also be submitted, 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 certified survey may be required by the Zoning Administrator in instances where he 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.

(8) A detailed photometric plan that shows the impact of all exterior light fixtures based on the proposed fixtures' 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, and depicting an illumination limit of 0.50 footcandle. The 0.50 footcandle line cannot extend beyond the property line. The plan must be in compliance with lighting performance standards in Article XII.

(9) A development impact study is required for all forms of development that require site plan approval. This requirement shall apply for any development requiring a site plan, including instances where no land division is proposed.

(10) A detailed site analysis shall be required for any lot or parcel containing a protected natural resource as determined by Village staff (see Subsection G below). These protected natural areas include environmental corridors, floodplains, shoreland-wetlands, woodlands, and steep slopes.

(11) Any additional information as requested by the Plan Commission.

F. Application certification. The Zoning Administer shall review the application within 10 working days of receipt of the complete application. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements.

G. Detailed site analysis. The detailed site analysis required by this article is designed to provide the clear identification of permanently protected green space 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.

(1) The detailed site analysis shall be shown on a map with a minimum scale of one inch equals 200 feet which depicts the subject property and the location of all protected natural resource areas when required by the Wisconsin Department of Natural Resources (DNR) or the Southeastern Wisconsin Regional Planning Commission (SWERPC). The detailed site analysis shall meet the following requirements:

(a) Topographic information is not required for any property that does not contain steep slopes. For such properties, topographic information with a minimum contour interval of two feet is required.

(b) All natural resource areas which require protection by the DNR or SEWRPC 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) 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.

(d) 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 non-nuisance type trees with calipers exceeding three inches, whose canopies are located adjacent to disturbed areas, which are removed 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 (canopy or understory).

(e) All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site map with notations provided which describe the mitigation techniques employed.

(f) The proposed method of continued enforcement of the protections required, including proposed easements, covenants, association by-laws, or other means by which the restrictions will be enforced without Village oversight.

(2) 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, then 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 do comments regarding a concept plan indicate the approval of the plan or the 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.

(3) Village staff shall review the submitted detailed site analysis map for general compliance with the data sources listed under Subsection G(3)(a) through (h) below. The Zoning Administrator may provide the petitioner with a written evaluation of the submitted detailed site analysis map which shall indicate the acceptance by Village staff or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.

(a) Official Zoning Map.

(b) Applicable 1982 United States Geological Survey (USGS) 7.5 minute topographic maps for the Village of Waterford and its environs.

(c) Aerial photos of the subject property.

(d) United States Geological Survey (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 Waterford Comprehensive Plan.

(h) Site visits.

(4) 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 as a matter of interpretation (see § 245-54).

(5) Upon notification of acceptance by Village staff (or, in case of appeal, by determination of the Zoning Board of Appeals), the petitioner may proceed with the submittal of necessary development documents.

(6) 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.

H. Site plan review by the Plan Commission. The Plan Commission, in its consideration of a site plan, shall take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the community and to ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The Plan Commission may require such additional measures and/or modifications as it deems necessary to accomplish this objective and 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. Amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by the Plan Commission. In its review of the site plan application, the Plan Commission may make findings on each of the following criteria to determine whether the submitted 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 are not endangered.

(3) Adequate public facilities and utilities 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.

(5) Appropriate traffic control and parking are provided.

(6) Appropriate landscaping and open space areas are provided.

(7) The appearance of structures maintains a consistency of design, materials, colors, and arrangement with nearby properties of similar use which complies with the general architectural guidelines provided in Subsection H(7)(a) through (e) below:

(a) Exterior construction materials shall be consistent with § 98-22, Architectural control.

(b) Exterior building design or appearance shall not be of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

(c) Exterior building design or appearance shall not be so identical with nearby buildings so as to create excessive monotony or drabness. A minimum of five basic home styles shall be provided in each residential subdivision.

(d) Exterior building design or appearance shall not be constructed or faced with an exterior material which is aesthetically incompatible with other nearby buildings or which presents an unattractive appearance to the public and to surrounding properties.

(e) Exterior building, sign, and lighting design or appearance shall not be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area.

I. 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.

J. 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 and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.

K. Sunset clause. If all buildings on an approved site plan are not fully developed within two years of final Plan Commission approval, then the approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The Plan Commission may extend this period, as requested by the applicant, through the site review process.

L. Fee. A fee is required for this procedure. See § 245-56L.

§ 245-56.7 Board of Appeals review and approval procedures.

[Added 8-13-2018 by Ord. No. 658]

See § 245-54.

§ 245-57 Violations and penalties.

A. 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 Building Inspector or Zoning Administrator shall promptly report all such violations to the Village Attorney, who shall bring action to enjoin the erections, moving or structural alteration of such building or the establishment of such use or to cause such building, structure or use to be vacated or removed.

B. Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter may also be required, upon conviction, to forfeit not less than $25 nor more than $500 for each offense, together with the costs of prosecution; and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the County Jail of Racine County until such forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.

[Amended 1-23-2006 by Ord. No. 489]

C. Every structure, fill or development placed or maintained on floodland in violation of this chapter is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the state, Village or any citizen of the state or Village.

§ 245-58 Annexations.

[Amended 3-8-1999 by Ord. No. 375; 4-9-2012 by Ord. No. 585; 7-22-2013 by Ord. No. 608]

All territory annexed to the Village on or after the date of passage of this section shall be permanently or temporarily zoned at the time of annexation. If the land is temporarily zoned, the Plan Commission shall evaluate and recommend a permanent classification to the Village Board within one year. Annexations containing floodlands shall be placed in the appropriate floodplain district.

§ 245-59 Zoning Administrator.

[Amended 1-23-2006 by Ord. No. 489; 8-13-2018 by Ord. No. 658]

A. The office of Zoning Administrator in and for the Village is hereby created and shall be filled by appointment by the President of the Village by and with the approval of the Village Board. The Zoning Administrator shall hold office for two years or as may be determined by contract unless sooner removed by the Village Administrator. The Zoning Administrator shall receive as compensation an amount as set from time to time by the Village Board. In the absence of the Zoning Administrator, the Village Administrator shall serve as the Zoning Administrator.

B. The general duty of the Zoning Administrator is to interpret and administer this chapter, as well as certain other Village of Waterford ordinances as indicated within those ordinances. With respect to this chapter, the Zoning Administrator shall have the following specific duties and responsibilities:

(1) Make available to the public, to the fullest extent possible, all reports and documents concerning the Village's Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The Village Board may set fees necessary to recover the cost of providing information to the public.

(2) Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, temporary uses, sign permits, site plans, zoning permits, variances, appeals, interpretations, and applications therefor.

(3) Receive, file, and forward all applications for all procedures governed by this chapter to the designated official bodies.

(4) Determine that all zoning permits, building permits, sign permits, and site plans (and their constituent plans) comply with all provisions of this chapter.

(5) Make interpretations regarding the provisions of this chapter.

(6) Grant minor variations from the dimensional (setback, height and area) requirements of this chapter, up to a maximum variation of 5% for setbacks and height limitations and up to a maximum variation of 5% or 1,000 square feet for area requirements (whichever is less), so long as the spirit and intent of this chapter are preserved.

(7) Grant extensions of time to complete work required under this chapter where necessary.

(8) Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters. The Zoning Administrator shall give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises and report uncorrected violations to the Village Attorney in a manner specified by the Attorney.

(9) Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter. The Zoning Administrator must be permitted access to premises and structures during reasonable hours to make inspections as deemed necessary by him to ensure compliance with this chapter. If the Zoning Administrator is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119(2). Where useful, the Zoning Administrator, or his agent, may set marks on bridges or buildings or other markers which show the depth of the regional flood or may set marks delineating the boundaries of wetlands.

(10) Institute, in the name of the Village of Waterford, any appropriate actions or proceedings against a violator of this chapter, as provided by law.

(11) Prohibit the use or erection of any structure, land, or water until he has inspected and approved such use or erection.

(12) Request assistance and cooperation from the Police Department, the Department of Public Works, the Village Administrator, and the Village Attorney as deemed necessary.

§ 245-60 Severability and nonliability.

A. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

B. If any application of this chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in such judgment.

C. The Village does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village Board, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.