The Village Plan Commission shall have the duty of making reports and recommendations relating to the planning and development of the Village to public officials; agencies; public utility companies; civic, educational, professional, and other organizations; and citizens. The Plan Commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning in accordance with § 12-2 of the Village Code.
The Village Building Inspector is hereby designated
as the administrative and enforcement officer for the provisions of
this chapter. The duty of the Building Inspector shall be to interpret
and administer this chapter and to issue, after on-site inspection
if needed, all permits required by this chapter. The Building Inspector
shall further:
A.
Maintain records of all permits issued, inspections
made, work approved, and other official actions.
B.
Inspect all structures, lands, and waters as often
as necessary to assure compliance with this chapter.
C.
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.
D.
Assist the Village Attorney in the prosecution of
Code violations.
E.
Be permitted access to premises and structures during
reasonable hours to make those inspections as deemed necessary by
him to ensure compliance with this chapter. If, however, he is refused
entry after presentation of his identification, he may procure a special
inspection warrant in accordance with § 66.0119, Wis. Stats.,
except in cases of emergency.
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 Waukesha
County Sheriff's Department and Village Attorney as deemed necessary.
H.
Recommend to the Village Board and Plan Commission
any additional regulations deemed necessary.
I.
Attend meetings of the Village Plan Commission or
the Zoning Board of Appeals, or a designee from the office of the
Building Inspector shall attend such meetings, for the purpose of
providing technical assistance when requested by the Plan Commission
or Board.
No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a building permit from the Building Inspector, unless otherwise exempted pursuant to § 435-108 of this chapter, and all other permits have been obtained from the applicable federal, state, and county agency by the owner.
A.
Applications for a building permit shall be made to
the Building Inspector on forms provided by the Building Inspector
or Village Clerk and shall include the following where applicable:
(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 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 registered land
surveyor or other map drawn to scale and approved by the Village Building
Inspector showing the location, boundaries, dimensions, elevations,
uses, and sizes of the following: subject site; existing and proposed
structures; existing and proposed easements, streets, and other public
ways; off-street parking and loading areas and driveways; existing
highway access restrictions; wetland, woodland, steep slope (12% or
greater), ordinary high-water marks, and channel boundaries; and existing
and proposed street, side, and rear yards. In addition, the plat or
map shall show the location and use of any abutting lands and their
structures within 40 feet of the subject site.
(4)
Proposed sewage disposal and water supply plans,
if municipal sewerage and water services are not available, which
shall comply with all Village codes, Chs. SPS 383 and 385, Wis. Adm.
Code, Ch. NR 812, Wis. Adm. Code, and other applicable laws and regulations.
Waukesha County must certify that adequate and safe sewage disposal
is possible on the site, based on the sewage disposal plan, prior
to issuance of a building permit. Percolation tests shall be provided.
(5)
Condominium declaration. Any developer of land
in the Village of Wales who elects to create a condominium pursuant
to Ch. 703, Wis. Stats., shall submit a copy of the condominium declaration,
and any amendment thereto, to the Building Inspector to be attached
to the file copy of the building permit application.
(6)
Additional information as may be required by
the Village Plan Commission, Village Engineer, or Building Inspector.
B.
A building permit shall be granted or denied in writing
by the Building Inspector within 30 days after application. The permit
shall expire within 12 months unless substantial work has commenced,
and within 18 months if the structure for which the permit was issued
is not substantially completed, unless upon showing of valid cause
the Building Inspector grants an extension of such permit for a period
not to exceed six months. Any permit issued in conflict with the provisions
of this chapter shall be null and void.
No building permit shall be required for any
of the following:
A.
For any improvement or nonstructural alteration to
an existing building less than 100 square feet in area which does
not effect a change in use.
B.
For repairs that do not alter the size or position
of an existing structure on a lot. Such repairs shall not include
the replacement or alteration of bearing walls.
A.
No vacant land that has been permitted to be developed,
and no building or premises that has been permitted to be erected,
altered, or moved, or created a change in use, and no nonconforming
use that has been permitted to be renewed, changed, or extended in
accordance with the provisions of this chapter and other pertinent
codes shall be occupied or used until a certificate of occupancy permit
has been issued by the Building Inspector. Such certificate shall
show that the building or premises or part thereof is in compliance
with the provisions of this chapter. The certificate shall be applied
for at the time of occupancy of any land and/or building. An inspection
shall be made, if possible, within 10 days after notification of the
completion of the erection, alteration, or relocation of a building
or of intent to commence occupancy or use.
B.
No land, building, or part of a building used or proposed to be used for business or industrial purposes shall be occupied by a new tenant or owner or have the use changed without the issuance of a certificate of occupancy permit. Such certificate shall show that the building or premises or part thereof is in compliance with the applicable zoning, building, electrical, plumbing, and fire prevention codes of the Village of Wales. A certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use by the new owner. Application for a certificate of occupancy permit shall be made in the same manner as an application for a building permit pursuant to § 435-107 of this chapter, including the provision of a plan of operation. An application for a certificate of occupancy permit shall be filed prior to any major remodeling, change of use, or change of occupant. The Plan Commission shall review the proposed application, including a plan of operation, report its findings and recommendations to the Village Board, and may further recommend conditions where such conditions are deemed necessary to fulfill the purpose and intent of this chapter. After consideration of the Plan Commission's recommendations, the Village Board's approval instructs the Building Inspector to issue the certificate of occupancy permit as applied for or with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.
C.
Application for a certificate of occupancy permit
shall be made through the Building Inspector on forms provided by
the Building Inspector or Village Clerk.
D.
A fee receipt from the Village Clerk shall be obtained in accordance with § 435-112 of this chapter.
E.
Temporary certificate of occupancy permit. Pending
the issuance of a regular permit, a temporary permit may be issued
for a period not exceeding six months during the completion of alterations
or during partial occupancy of a building pending its permanent occupancy.
A temporary permit shall not be issued except under such restrictions
and provisions as will adequately ensure the safety of the occupants,
and the applicant shall provide a financial guarantee to ensure that
the proposed development will be completed in accordance with approved
plans. A temporary permit shall be voided if the building fails to
conform to the provisions of this chapter to such a degree as to render
it unsafe for the occupancy proposed.
The Village Board, after consideration of the
Village Plan Commission's recommendation, may issue a conditional
use permit for conditional uses after review and a public hearing,
provided that such conditional uses and structures are in accordance
with the purpose and intent of this chapter and are found to be not
hazardous, harmful, offensive, or otherwise adverse to the environment
or the value of the neighborhood or the Village.
A.
Applications for conditional use permits shall be
made on forms furnished by the Village Clerk and shall include the
following where pertinent and necessary for proper review by the Plan
Commission:
(1)
Names and addresses of the applicant, owner
of the site, architect, professional engineer, contractor, and all
opposite and abutting property owners within 300 feet of the site.
(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; proposed operation or use of the structure
or site; number of employees; and the zoning district within which
the subject site is located.
(3)
Plat of survey prepared by a registered land surveyor or other map drawn to scale and approved by the Building Inspector showing all of the information required under § 435-107A for a building permit. In addition, the plat or map shall show the location and use of any abutting lands and their structures within 40 feet of the subject site; slopes and ground surface elevations; mean and historic (ordinary) high-water lines on or within 40 feet of the subject premises; and existing and proposed landscaping when required by the Village Plan Commission.
(4)
Additional information as may be required by
the Village Board, Village Plan Commission, Village Engineer, or the
Building Inspector.
(5)
Fee receipt from the Village Clerk in accordance with § 435-112 of this chapter. Costs incurred by the Village Board in retaining legal, planning, engineering, and other technical and professional advice in connection with the review of conditional use applications and the preparation of conditions to be imposed on such uses shall be charged to the applicant.
B.
Review and recommendation. The Village Plan Commission
shall review the site, existing and proposed structures, architectural
plans, neighboring uses, parking areas, driveway locations, highway
access, traffic generation and circulation, drainage, sewerage and
water systems, and the proposed plan of operation. The Plan Commission
shall report its findings and recommendations to the Village Board
and may further recommend conditions, such as landscaping, architectural
design, type of construction, construction commencement and completion
dates, sureties, lighting, fencing, planting screens, operational
control, hours of operation, improved traffic circulation, deed restrictions,
highway access restrictions, increased yards, or parking requirements,
where such conditions are deemed necessary to fulfill the purpose
and intent of this chapter.
C.
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses. Variances shall only be granted as provided in Article X of this chapter.
D.
Public hearing. The Village Plan Commission shall hold a public hearing upon each application giving public notice as specified in Article XII of this chapter.
E.
Notice to DNR. The Village Board shall transmit a
copy of each application for a conservancy conditional use in the
shoreland portion of the C-1 District to the Wisconsin Department
of Natural Resources (DNR) at least 10 days prior to the 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 shoreland conservancy conditional use decisions shall
be transmitted to the DNR within 10 days following the decision.
F.
Village Board action. Following the public hearing
and after consideration of the Village Plan Commission's recommendations,
the Village Board may issue the conditional use permit as applied
for or with appropriate conditions, deny the permit with reasons,
or require the submittal of a modified application.
G.
Amendments. Changes subsequent to the initial issuance
of a conditional use permit which would result in a need to change
the initial conditions shall require an amendment to the conditional
use permit. Enlargement of a conditional use shall be considered an
amendment. The process for amending a permit shall generally follow
the same procedures as those required for granting a conditional use
permit as set forth in this section.
H.
Revocations of conditional use permit. Should a permit
applicant or his heirs or assigns fail to comply with the conditions
of the permit issued by the Village Board or should the use, or characteristics
of the use, be changed without prior approval by the Village Board,
the conditional use permit may be revoked by the Village Board upon
10 days' notice to the permit holder. The permit holder shall be entitled
to a hearing before the Village Board on the question of revocation
of the conditional use permit, and approval of the Village Board shall
be required for the reinstatement of any conditional use permit. The
process for revoking a permit shall generally follow the same procedures
as those required for granting a conditional use permit as set forth
in this section.
It is the responsibility of the permit applicant
to secure all other necessary permits required by any state, federal,
or county agency. This includes, but is not limited to, a water use
permit pursuant to Ch. 30, Wis. Stats., a wetland fill permit pursuant
to Section 404 of the Federal Water Pollution Control Act and/or a
water quality certification from the Wisconsin Department of Natural
Resources.
All persons, firms, or corporations performing
work which by this chapter requires the issuance of a permit shall
pay a fee for such permit to the Village Clerk to help defray the
cost of administration, investigation, advertising, and processing
of permits and variances. The permits for which a fee is required
are the building permit, conditional use permit, certificate of occupancy
permit, sign permit, and erosion control permit. A fee shall also
be required for a zoning text or map amendment and a zoning appeal
or variance. All fees shall be established by separate resolution
by the Village Board in the Village of Wales Fee Schedule, which may
be amended from time to time. Any applications filed by the Village
Board, Plan Commission, Engineer, or Building Inspector are exempt
from the fee requirement.
A double fee shall be charged by the Building
Inspector if work is started before a permit is applied for and issued
or if a building or the premises is occupied prior to the issuance
of a certificate of occupancy permit. Such double fee shall not release
the applicant from full compliance with this chapter or from prosecution
for violation of this chapter.
It shall be unlawful to construct or use any
structure, land, or water in violation of any of the provisions of
this chapter or the Wisconsin Statutes. Failure to secure the necessary
permits prior to commencing construction shall also constitute a violation.
In case of any violation, the Village Board, the Building Inspector,
the Village Plan Commission, or any property owner who would be specifically
damaged by such violation may institute appropriate action or proceeding
to enjoin a violation of this chapter or applicable Wisconsin Statutes.
Whenever an order of the Building Inspector
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 Building Inspector, or the Village Attorney
may institute appropriate legal action or proceedings to prohibit
such owner, agent, or occupant from using such structure, land, or
water.
Any person, firm, or corporation who or which violates, disobeys, neglects, omits, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or any regulation, rule, or order made hereunder shall be subject to a penalty as provided in § 1-4 of the Village of Wales Code.
