This chapter shall apply to all lands within
the corporate limits of the Village established by §§ 236.10
and 66.0307, Wis. Stats., as amended from time to time.
No building or structure, or any part of a building
or structure, land, water, or air space within the Village shall be
used or occupied, and no building or structure within the Village
shall be constructed, placed, moved, extended, reconstructed, structurally
altered or repaired or converted to a new use, and no site development
work shall be conducted in the Village, except in full compliance
with this chapter and all other applicable Village ordinances and
codes, all applicable decisions, orders, permits and other approvals
made or issued pursuant thereto, and all other applicable federal,
state, or local laws, statutes, ordinances, rules or regulations.
Unless specifically exempted by law, all properties
within the Village's jurisdiction are required to comply with this
chapter and obtain all required permits.
[Added 4-11-2024 by Ord. No. 24-05; amended 3-25-2024 by Ord. No. 24-13]
Beginning on April 11, 2024, any property for which a regulatory floodplain boundary adjustment is conducted under Chapter
430 to remove the property from the regulatory floodplain (including approval of a letter of map revision and execution of a community acknowledgement form) remains subject to the requirements of Chapter
430 applicable to the Coastal AE and AO Zones. Pursuant to Chapter
430, § 430-1.5E(5), the property owner shall record with the Kenosha County Register of Deeds a statement, in a form provided by the Village, acknowledging that development in the area previously included in the regulatory floodplain will result in ongoing restrictions on the use of the property under this section.
It is the responsibility of a permit applicant
to secure all other necessary permits required by any federal, state
or local agency.
The following provisions shall govern administrative
determinations regarding vested rights to nonconforming use status
which are made under or pursuant to this chapter:
A. Permit necessary but not sufficient. No claim to a
vested right to valid nonconforming use status shall be administratively
recognized unless such claim is based in part upon the issuance of
valid permits required under this chapter, and no such claim shall
be administratively recognized unless there was a substantial change
of position in reliance upon such permit(s) during the period that
such permit(s) was (were) in full force and effect.
B. Presumptions. There shall be a rebuttal presumption
against the existence of a vested right that depends upon conduct
which occurred in reliance upon the issuance of a valid permit required
under this chapter that had not expired or been suspended or revoked
at the time of the conduct in question but which occurred prior to
the issuance of said permit that was required to institute the nonconforming
use or any expansion thereof. There shall be a rebuttal presumption
in favor of the existence of a vested right that depends upon conduct
which occurred under or pursuant to a validly issued building permit
that had not expired or been suspended or revoked at the time of the
conduct in question.
C. Loss. A vested right to nonconforming use status can
be lost for the same reasons and to the same extent that valid nonconforming
use status can be lost. If substantial construction or site development
work has not commenced or has been discontinued for a twelve-month
period, vested rights may be lost.