No structure, water or land will be erected,
moved or altered without being issued a zoning permit. A zoning permit
will not be issued unless all the terms of this chapter have been
met.
A.
Application and plan. All applications and plans for
a zoning permit must be submitted to the Zoning Administrator and
Building Inspector and should be accompanied by two copies of the
plan. The plan and application must provide the following information
where applicable:
(2)
Existing condition information.
(a)
All proposals:
[1]
Total square feet or acreage of the site.
[2]
Location of present utility system, including
private well and septic systems, public sanitary sewer, public water
supply, telephone, gas, cable and electrical supply.
[3]
Indication of zoning district designation.
[4]
High-water mark of any adjacent watercourses.
[5]
Areas of existing wetland, water bodies and
vegetation.
[6]
Current uses of any buildings that exist on
the site.
[7]
Railroad and utility rights-of-way, parks, easements,
section lines and corporate boundaries, if on the lot or immediately
adjacent to the lot.
[8]
An accurately dimensioned site plan indicating
property boundaries or a certified survey.
(b)
All proposals except single-lot, one-family
residential proposals:
[1]
Location and use of any existing building within
50 feet of the site boundaries.
[2]
Location plan locating the proposal within the
Village context.
[3]
Mapped two-foot contour intervals describing
existing topography.
[4]
Center-line location, width, rights-of-way and
names of all nearby existing or previously platted streets or other
public ways.
[5]
Size of existing sewers, water mains, culverts
or other underground facilities within the tract. This should include
grades, invert elevations and locations of catch basins, manholes
and hydrants.
(3)
Site design information. Scale: one inch equals 10
feet or one inch equals 20 feet.
(a)
All proposals:
[1]
External dimensions of buildings and distances
to lot lines.
[2]
Percentage of proposed plan that is pervious
and vegetated (lawn, trees, woodland, wetland, farmland and landscaping).
[3]
Percentage of proposed plan that is impervious
and not vegetated (building, parking, access drives and surface storage).
[4]
Curb cuts for access to the site.
[5]
Intended use of any proposed structures and
number of intended occupants.
(b)
All proposals except single-lot, one-family
residential proposals:
[1]
Driveway locations and widths as well as traffic
flows through the site.
[2]
Areas where existing vegetation will be modified.
[3]
Proposed on-street and off-street parking allocations
and parking lot landscape islands.
[4]
Proposed on-street loading areas, including
stacking or storage areas.
[5]
Storm drainage system.
[6]
Surface material proposed for drives, parking,
access and storage areas.
[7]
Exterior lighting concept.
[8]
All proposed landscaping, including plant species,
fences, and retaining walls.
[9]
Refuse collection areas and screening.
[10]
List of all required federal, state and Village
permits and status of applications.
[11]
Information for fire departments, including
the type of roof construction and the location of smoke domes and
sprinklers.
[12]
Water and sewer size and location.
B.
Permit issuance or denial; expiration.
(1)
A zoning permit shall be granted or denied in writing
by the Zoning Administrator within 30 days of application, and the
applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within six months unless substantial
work has commenced or within 18 months after the issuance of the permit
if the structure for which a permit is issued is not substantially
completed, in which case of expiration, the applicant shall reapply
for a zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions
of this chapter shall be null and void.
The Village Board authorizes the Zoning Administrator to issue a conditional use permit (CUP). A CUP will only be issued following review and a public hearing where it has been determined that the proposed uses are in accordance with the spirit of this chapter, are environmentally sensitive and are consistent with the values of the community. If the permit is issued, the Village Board may attach conditions such as, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, hours of operation, traffic circulation or parking requirements, highway access restrictions, or increased yards. Note: CUPs for planned unit developments (§ 300-25), cluster developments (§ 300-26), and mobile home parks (§ 300-27) shall follow the requirements of Subsections A, B and D.
A.
Preapplication meeting and sketch plan.
(1)
The applicant is encouraged to meet with the Planning
Commission, the Public Works Department, the Village Attorney, the
Village Engineer and other appropriate officials to review all applicable
ordinances, regulations and plans regarding the area to be developed.
(2)
At this time, the applicant should submit a general
sketch plan of the proposal. The sketch plan may be conceptual and
simple in form but should indicate the relationship of the proposal
to existing community facilities, to neighboring development and to
the topography of the site.
(3)
The applicant is urged to solicit the advice of the
Planning Commission while preparing the sketch plan in order to facilitate
the approval of the conditional use permit.
B.
CUP application. CUP applications are available at
the Village Hall. Two copies of the completed application and the
site/preliminary plan must be submitted to the Village Clerk-Treasurer
at the Village Hall. The application will be forwarded to the Zoning
Administrator, the Village Attorney and the Planning Commission for
review.
(1)
A cash fee shall be paid to the Village Clerk-Treasurer
upon submission of the application and preliminary plan. Fees will
be set by the Village Board.
(2)
The site or preliminary plan must be clearly and legibly drawn to scale and shall contain the requirements of § 300-30A in addition to the following information:
(a)
Identification and description information.
[1]
Names of owners of land within 100 feet of proposed
development.
(b)
Existing condition information.
[1]
A certified survey or property boundaries.
[2]
Location plan locating the proposal within the
Village context.
[3]
Areas of existing wetlands, water bodies and
vegetation, including information about species, size and condition.
[4]
If the preliminary plan is a rearrangement or
replat of any former plan, the lot and block arrangement of the original
plan, along with its original name, shall be indicated by dotted or
dash lines. Also, any revised or vacated roadways of the original
plan must be indicated.
(c)
Site design information. Scale: one inch equals
10 feet or one inch equals 20 feet.
[1]
Proposed access and layout of streets showing
right-of way widths and proposed street names.
[2]
Layout, numbers and preliminary dimensions of
lots and blocks.
[3]
Locations and widths of alleys, pedestrianways
and utility easements.
[4]
Areas intended to be reserved for public use,
including size in acres.
[5]
Areas intended for uses other than residential
or public.
(3)
The Village Attorney, the Zoning Administrator and
the Planning Commission will review the application and preliminary
plan.
C.
Public hearing and action (not for a PUD, cluster
development, or mobile home park).
(1)
Within 45 days of receipt of the application, the
Village shall arrange for a public hearing to be held by the Planning
Commission. Notice of the time, place, and purpose shall be published
as a Class 1 notice.
(2)
The Village Clerk-Treasurer will notify the owners
of land within 100 feet of the proposed conditional use development,
providing them with the time, date and location of the hearing. The
original CUP application will have listed neighboring property owners.
(3)
Within 30 days of the public hearing, the Planning
Commission will approve or disapprove of the application and will
submit its recommendations to the Village Board for consideration.
Within 60 days of the public hearing, the Village Board will act upon
the application.
D.
Public hearing and approvals for PUDs, cluster developments,
or mobile home parks.
(1)
Within 45 days of receipt of the application, the
Village shall arrange for a public hearing to be held by the Planning
Commission. Notice of the time, place, and purpose shall be published
as a Class 1 notice. The Village Clerk-Treasurer will notify the owners
of land within 100 feet of the proposed conditional use development,
providing them with the time, date and location of the hearing. The
original CUP application will have listed neighboring property owners.
The preliminary plans must show proposed layouts and dimensions. They
do not have to have the final design, grades, and calculations completed.
These items must be submitted with the final plan.
(2)
Preliminary plan review.
(a)
Within 30 days of the public hearing, the Planning
Commission will approve or disapprove of the preliminary plan and
will submit its recommendations to the Village Board for consideration.
Within 60 days of the public hearing, the Village Board will act upon
the preliminary plan and will, in writing, notify the applicant and
the Planning Commission of its decision. Should the Village Board
fail to respond within 60 days of the public hearing, the preliminary
plan will be considered approved.
(b)
Should the applicant wish to modify an approved
preliminary plan, the amended plan must be submitted according to
the procedure described above; however, the fee and public hearing
requirements will be waived. If the Village Board determines that
the scope of amendments constitutes a new plan, then the public hearing
will be required.
(c)
The owner or representative must attend all
Planning Commission meetings in which the proposal is being discussed.
(3)
Final plan submission.
(a)
Within 180 days after approval of the preliminary
plan, the applicant must submit 10 copies of the final plan to the
Village Clerk-Treasurer. The final plan must have been prepared by
a registered surveyor in the State of Wisconsin.
(b)
If the applicant fails to submit the final plan
within the period of 180 days, the preliminary plan will be considered
null and void. If the Village Board accepts good cause presented in
a written request for extension submitted by the applicant, the period
may be extended for a length to be determined by the Village Board.
(c)
The final plan must incorporate any changes
to the preliminary plan, as required by the Village Board. In all
other respects, the final plan must conform to the preliminary plan.
(d)
Upon receipt of the final plan, the Village
Clerk-Treasurer shall:
[1]
Refer copies to the Zoning Administrator and
the Village Attorney, who will review the final plan for consistency
with the preliminary plan.
[2]
Refer a final plan to public and private utility
companies as applicable.
[3]
Place consideration of the final plan on the
agenda of the next scheduled Village Board meeting.
[4]
Notify the applicant of the date, place and
time of the meeting. The applicant or a representative is required
to attend this meeting.
(e)
If the Zoning Administrator and Village Attorney
indicate full compliance with the requirements of this chapter, the
Village Board will approve the final plan and authorize the Village
President to sign the final plan.
(f)
If the final plan falls short of full compliance
with the requirements of this chapter, the applicant will be allowed
180 days to modify the final plan to meet compliance. Both the final
and preliminary plans will be null and void should the applicant fail
to reach compliance within the period of 180 days.
(g)
The applicant must record the final plan with
the County Register of Deeds within 30 days of the date it was signed
by the President. Any final plan not recorded as such will be null
and void unless the Village Board has granted an extension. No extension
shall exceed 90 days.
(h)
The owner shall provide to the Village Clerk-Treasurer
a tracing and three copies of the final plan which shows evidence
that it has been recorded with the Register of Deeds. The applicant
will be responsible for any costs incurred pertaining to the verification
of the final plan materials.
(i)
No changes shall be made in any final plan after
approval has been given by the Village Board. If changes are necessary,
the plan must be resubmitted to the Village Board for approval. If
a final plan is recorded which differs from the approved final plan,
it shall be considered null and void. No building permits shall be
issued for lots within the final plan, and the Village Board shall
initiate proceedings to have the plan stricken from the records of
the Village and the county.
A.
Notice of appeal; notice of hearing.
(1)
Anyone affected by a decision of the Zoning Administrator
may file a notice of appeal with the Zoning Administrator and with
the Zoning Board of Appeals specifying the grounds for appeal within
30 days after the decision of contention has occurred.
(2)
All meetings of the Zoning Board of Appeals are open
to the public.
(3)
A notice of appeal (request for variance) shall be
filed in writing at the Village Hall and will be reviewed by both
the Zoning Administrator and the Zoning Board of Appeals.
(4)
Notice to the public and to the parties of interest
regarding the time, date and location of the appeal hearing must be
made at least 10 days in advance of the hearing date. Public notice
must be given in a newspaper of general Village circulation.
(5)
The Zoning Board of Appeals will reach a decision
regarding the application within 90 days from the date the application
was filed.
B.
Standards for variance. The Zoning Board of Appeals
shall not vary the regulations of this chapter unless the evidence
presented in the appeal confirms all of the following:
(1)
Granting of the variation will not be detrimental
to the public welfare or injurious to other property or improvement
in the neighborhood within which the property is located.
(2)
Because of the particular physical surroundings or
topographical conditions of the specific property involved, a hardship
to the owner would result if the letter of the regulations was carried
out. (Hardship is distinguished from mere inconvenience.)
(3)
The conditions upon which the request for variance
is based are unique to the property involved and not generally applicable
to other property within the same zoning classification.
(4)
The request for variance is not based exclusively
upon the property owner's desire to make more money.
(5)
The alleged hardship is caused by this chapter rather
than having been created by a person with interest in the property.
C.
Authorized variances. Requests for variances from
this chapter will only be considered by the Zoning Board of Appeals
in the following cases:
(1)
Request for a lesser yard or setback requirement.
(2)
Request for a reduced lot size to accommodate a permittable
use.
(3)
Request for shared parking by facilities whose users
patronize the facilities at different hours of the day.
(4)
Request to reduce the amount of off-street parking
and loading area required.
(5)
Request to reconsider the distance required between
parking spaces and the facility the parking space is intended to serve.
(6)
Request to vary the allowable gross floor area.
A.
A Zoning Board of Appeals member shall be appointed
as specified in § 62.23(7)(e), Wis. Stats., and will serve
with compensation and shall be removable by the Village President.
The Zoning Board of Appeals will abide by rules and procedures consistent
with the Wisconsin Statutes.
[Amended 4-3-2006 by Ord. No. 2006-2]
C.
The Zoning Board of Appeals may reverse or affirm
any decision made by the Zoning Administrator and in effect has all
the powers of the Zoning Administrator.
D.
When a quorum is present, the Zoning Board may take
action by a majority vote of the members present. The grounds of every
determination must be stated and recorded.
[Amended 2-4-2008 by Ord. No. 2008-01]
E.
No order of the Zoning Board of Appeals granting a
variance shall be valid after six months from the date of the order,
unless a building permit and construction initiation have occurred
within that period.
The Village designates that the Zoning Administrator,
with the aid of the Police Department, shall enforce the provisions
of this chapter. The Police Department shall report to the Zoning
Administrator any activities which are being carried out without the
required permits. The Zoning Administrator, with the aid of the Police
Department, shall investigate any complaints received of violations
of this chapter, whether received from citizens, members of the governing
body, the Police Department or otherwise. The obligation of governmental
authorities to enforce this chapter shall exist independent of any
citizen-reported violations. Penalties for violations of this chapter
shall be as set forth herein. Any violation of this chapter may be
enjoined and abated by action of the Village, the state or any citizen
thereof. This shall include the right of the Village Board to require
that a structure be vacated, altered or removed if it is found to
be in violation of this chapter.
A.
In addition to the enforcement rights set forth above,
any person found to be in violation of any provision of this chapter
may be subject to a penalty as described below:
(1)
First offense. Violators will forfeit not less than
$5 and no more than $500, together with the cost of prosecution. If
payment is not made within one month from the date the violation was
issued, the violator will be imprisoned in the Polk County Jail until
such time the penalty is paid, but not to exceed 90 days.
(2)
Second offense. Violators will forfeit not less than
$50 and no more than $500, together with the cost of prosecution.
If payment is not made within one month from the date the violation
is issued, the violator will be imprisoned in the Polk County Jail
until such time the penalty is paid, but not to exceed six months.
(3)
Continued violations. Each violation and each day
a violation occurs shall constitute a separate offense.
B.
Execution against defendant's property. In lieu of
imprisonment in the case of nonpayment, the Village may place the
amount due on the tax roll of the property of the defendant for the
penalty and cost of prosecution.
A.
The Village Board may amend the zoning district boundaries
or this chapter. The general public will be invited to attend a public
hearing to discuss the amendment. Notice will be posted in at least
three local public places at least 10 days prior to the hearing, and
notice of the time and place of the hearing will be published as a
Class 2 notice in a newspaper of general Village circulation.
B.
At least 10 days' written notice shall be given to
the clerk of any municipality whose boundaries are within 100 feet
of the affected land.
C.
An amendment will not be effective unless a favorable
majority vote from the Village Board occurs.
D.
Any proposed amendment will require a three-quarters
vote of the Village Board if a signed, written protest is submitted
by:
(1)
Twenty percent of the owners of land within the area
to be amended.
(2)
Twenty percent of the owners of land immediately adjacent
to and extending 100 feet from the amended land.
(3)
Twenty percent of the owners of land directly opposite
thereto extending 100 feet from the street frontage of such opposite
land.
