This chapter contemplates an administrative
and enforcement officer titled the "Zoning Administrator" to administer
and enforce the same. Certain considerations, particularly with regard
to granting of permitted conditional uses, planned unit development
conditional uses, changes in zoning districts and the Zoning Map and
amending the text of this chapter require review and recommendation
by the Plan Commission and ultimate action by the Village Board. A
Zoning Board of Appeals is provided to assure proper administration
of this chapter and to avoid arbitrariness.
[Amended 12-8-2006 by Ord. No. 2006-2; 3-11-2014 by Ord. No.
2014-3]
The Village Building Inspector is hereby designated as the administrative
and enforcement officer for the provisions of this chapter and is
also herein referred to as the "Zoning Administrator." The duty of
the Zoning Administrator shall be to interpret and administer this
chapter and to issue, after on-site inspection, all permits required
by this chapter. The Zoning Administrator shall further:
A.
Maintain
records of all permits issued, inspections made, work approved and
other official actions.
B.
Record
the lowest floor elevations of all structures erected, moved, altered
or improved in the floodland districts.
C.
Establish
that all necessary permits that are required for floodland uses by
state and federal law have been secured.
D.
Inspect
all structures, lands and waters as often as necessary to ensure compliance
with this chapter.
E.
Investigate
all complaints made relating to the location of structures and the
use of structures, lands and water; 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 Board in a manner
specified by him.
F.
Prohibit
the use or erection of any structure, land or water until he has inspected
and approved such use or erection.
G.
Request
assistance and cooperation from the Police Department and Village
Attorney as deemed necessary.
A.
Plan Commission. The Plan Commission, together with
its other statutory duties, shall make reports and recommendations
relating to the plan and development of the Village to the Village
Board, other public officials and other interested organizations and
citizens. In general, the Plan Commission shall have such powers as
may be necessary to enable it to perform its functions and promote
municipal planning. Under this chapter, its functions are primarily
recommendatory to the Village Board pursuant to guidelines set forth
in this chapter as to various matters, and always being mindful of
the intent and purposes of this chapter. Recommendations shall be
in writing. A recording thereof in the Commission's minutes shall
constitute the required written recommendation. The Commission may,
in arriving at its recommendation, on occasion and of its own volition,
conduct its own public hearing.
B.
Village Board. The Village Board, the governing body
of the Village, subject to recommendations by the Plan Commission
and the holding of public hearings by said Board, has ultimate authority
to grant permitted conditional uses and planned unit development conditional
uses, make changes and amendments in zoning districts, the Zoning
Map and supplementary Floodland Zoning Map, and to amend the text
of this chapter. The Board may delegate to the Plan Commission the
responsibility to hold some or all public hearings as required under
this article and other provisions therefor elsewhere in this chapter.
A.
Zoning permit required. No new structure, new use
of land, water or air, or change in the use of land, water or air
shall hereafter be permitted and no structure or part thereof shall
hereafter be located, erected, moved, reconstructed, extended, enlarged,
converted, or structurally altered without a zoning permit.
B.
Application for permit. Applications for a zoning
permit shall be made to the Zoning Administrator and shall include
the following where pertinent and necessary for proper review:
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer and contractor.
(2)
Description of the subject site by lot, block and
recorded subdivision; 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.
[Amended 12-8-2006 by Ord. No. 2006-2]
(3)
Plat of survey prepared by a land surveyor registered
in the State of Wisconsin or other map drawn to scale and showing
such of the following as may be required by the Zoning Administrator:
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; public utilities; 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.
(4)
Additional information as may be required by the Zoning
Administrator or the Plan Commission (if involved).
C.
Action.
(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.
A.
Certificate required. No vacant land hereafter developed;
no building hereafter erected, relocated, moved, reconstructed or
structurally altered, and no floodlands hereafter filled, excavated
or developed shall be occupied or used until a certificate of compliance
has been issued by the Zoning Administrator. Such certificate shall
show that the structure, premises or use is in conformity with the
provisions of this chapter.
B.
Application for certificate of compliance. Application shall be made in the same manner as for a zoning permit pursuant to § 415-91 and coincidental with application for a zoning and/or building permit. Application for a certificate of compliance in the floodland districts shall include certification by a registered professional engineer or land surveyor that the plans therefor will fully comply with the floodland regulations set forth in this chapter; further, before a certificate shall be issued, such certification by the engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.
C.
Existing uses. Upon written request from the owner,
the Zoning Administrator shall issue a certificate of compliance for
any building or premises existing at the time of the adoption of this
chapter certifying, after inspection, the extent and kind of use made
of the building or premises and whether or not such use conforms to
the provisions of this chapter.
D.
Nonconforming uses.
(1)
No nonconforming use shall be maintained, renewed
or changed until a certificate of compliance has been issued by the
Zoning Administrator.
(2)
Certificates of compliance for the continued occupancy
of nonconforming uses existing at the time of the passage of this
chapter shall be issued by the Zoning Administrator, and the certificate
shall state that the use is a nonconforming one and does not conform
to the provisions of this chapter. The Zoning Administrator shall
notify the owner(s) of the property being used as a nonconforming
use.
A.
Site plan approval required. All applications for
zoning permits for any construction, reconstruction, expansion or
conversion, except for one- and two-family residences in residential
districts, shall require site plan approval by the Plan Commission
in accordance with the requirements of this section.
B.
Application. The applicant for a zoning permit shall
also submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Plan Commission
or its expert consultants to determine whether the proposed application
meets all the requirements applicable thereto in this chapter.
C.
Administration. The Zoning Administrator shall make
a preliminary review of the application and plans and refer them,
along with a report of his findings, to the Plan Commission within
10 days. The Plan Commission shall review the application and may
refer the application and plans to one or more expert consultants
selected by the Village Board to advise whether the application and
plans meet all the requirements applicable thereto in this chapter.
Within 30 days of its receipt of the application, the Commission shall
authorize the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Plan
Commission shall consider the following:
(1)
The appropriateness of the site plan and buildings
in relation to the physical character of the site and the usage of
adjoining land areas.
(2)
The layout of the site with regard to entrances and
exits to public streets; the arrangement and improvement of interior
roadways; and the location, adequacy and improvement of areas for
parking and for loading and unloading and shall, in this connection,
satisfy itself that the traffic pattern generated by the proposed
construction or use shall be developed in a manner consistent with
the safety of residents and the community, and the applicant shall
so design the construction or use as to minimize any traffic hazard
created thereby.
(3)
The adequacy of the proposed water supply, drainage
facilities, and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site.
The Plan Commission may require that those portions of all front,
rear and side yards not used for off-street parking shall be attractively
planted with trees, shrubs, plants or grass lawns and that the site
be effectively screened so as not to impair the value of adjacent
properties nor impair the intent or purposes of this section.
E.
Effect on municipal services. Before granting any
site plan approval, the Plan Commission may, besides obtaining advice
from consultants, secure such advice as may be deemed necessary from
the Village Engineer or other municipal officials, with special attention
to the effect of such approval upon existing municipal services and
utilities. Should additional facilities be needed, the Plan Commission
shall forward its recommendations to the Village Board and shall not
issue final approval until the Village Board has entered into an agreement
with the applicant regarding the development of such facilities.
A.
Violations. It shall be unlawful to use or improve
any structure or land or to use water or air in violation of any of
the provisions of this chapter. In case of any violation, the Village
Board, the Zoning Administrator, the Plan Commission or any property
owner who would be specifically damaged by such violation may cause
appropriate action or proceeding to be instituted to enjoin a violation
of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator
has not been complied with within 30 days after written notice has
been mailed to the owner, resident agent or occupant of the premises,
the Village Board, the Zoning Administrator, or the Village Attorney
may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Chapter 1, § 1-3 of this Code, except that the minimum forfeiture shall be $100.
