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 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.
The Village Board shall designate a Village
official to serve as the Zoning Administrator and as the administrative
enforcement officer for the provisions of this chapter. 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.
Establish that all necessary permits that are required
for floodland uses by state and federal law have been secured.
C.
Inspect all structures, lands and waters as often
as necessary to assure compliance with this chapter.
D.
Investigate all complaints made relating to the location
of structures and the use of structures, lands and waters, 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 him.
E.
Prohibit the use or erection of any structure, land
or water until he has approved such use or erection.
F.
Request assistance and cooperation from the Police
Department, Village Engineer 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, 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 authority to
make changes and amendments in zoning districts, the Zoning Map and
supplementary Floodland Zoning Map and to amend the text of this chapter.
The Village Board may delegate to the Plan Commission the responsibility
to hold some or all public hearings as required under this chapter.
A.
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 an occupancy permit. No zoning permit shall be required
for alterations which do not involve any change of use or change in
the exterior which does not affect gross floor area or extensions
into any side yard, front yard or rear yard setbacks. Such permit
may be consolidated with a building permit request and issuance; no
building permit will be issued prior to issuance of an occupancy permit.
B.
Application. Applications for an occupancy 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 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.
(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 and Village Board (if involved).
C.
Action.
(1)
An occupancy 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 an occupancy 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.
When 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 containing the following information. Where
the Plan Commission determines that not all of the following information
is required for a particular project to assure compliance with this
chapter, given the scale of the project or otherwise, it may determine
a site plan application that does not contain all of the following
information to be complete.
[Amended 2-6-2007 by Ord. No. 07-01; 3-3-2020 by Ord. No. 20-03]
(1)
Plan of operations including hours of operation, nature
of activities on site, nature of materials and equipment to be used
on site.
(2)
Owner's and/or developer’s name and address
noted.
(3)
Architect's and or engineer's name and address noted.
(4)
Scale and North arrow in legend.
(5)
Site plans drawn to a recognized engineering scale
(i.e., 1:20 to 1:60).
(6)
Dimensional and area measurements of the site.
(7)
Existing and proposed topography.
(8)
Name and location of existing and proposed public
rights-of-way abutting the property.
(9)
Location of existing floodplains, floodways, wetlands,
environmental corridors, mature woodlands, and steep slopes.
(10)
Existing and proposed utilities easements, utility
lines and fire hydrants.
(11)
Applicable setback lines.
(12)
Building dimensions and area, building coverage
of lot, and total impervious surface area.
(13)
Location of all proposed paved areas, driveways,
curb cuts.
(14)
Number and location of parking stalls (drawn
to scale).
(15)
Existing and proposed stormwater management
facilities.
(16)
Proposed location and dimensions of all outdoor
storage areas, fences, and signage.
(17)
Location and type of existing and planned landscaping.
(18)
Exterior lighting including fixture design and
photometric analysis of site.
(19)
Elevation drawings for all exterior sides of
structures.
(20)
An erosion control plan.
(21)
Any other data or information deemed necessary
by Village staff or the Village Plan Commission.
C.
Administration. The completed site plan application
and supporting documentation shall be submitted to the Village Clerk’s
office no later than 21 days prior to the Plan Commission meeting
at which the site plan will be considered. The Zoning Administrator
and if necessary additional staff or consultants shall make a preliminary
review of the application and plans and refer them, along with a report
of the findings, to the Plan Commission within 10 days. The Plan Commission
shall review the application and may refer the application and plans
to any 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 Plan Commission shall authorize the Zoning Administrator to issue
or refuse a zoning permit.
[Amended 5-1-2012 by Ord. No. 12-02]
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)
A landscape plan complying with the requirements of Article XVII of this chapter.
[Amended 2-6-2007 by Ord. No. 07-01]
(5)
An exterior lighting plan complying with the requirements of Article XVIII of this chapter.
[Added 2-6-2007 by Ord. No. 07-01]
(6)
Elevation drawings for all exterior sides of structures,
wall signs, and freestanding signs to include information indicating
materials, colors, and method of illumination for all exterior surfaces.
[Added 2-6-2007 by Ord. No. 07-01]
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 proceedings 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, General Provisions, § 1-5 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution provided for in § 1-5.
