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 and 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.
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.[1]
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.
Prohibit the use or erection of any structure, land
or water until he has inspected and approved such use or erection.
E.
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, 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 and the 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.[1]
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 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 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)
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 shall hereafter
be developed and no building shall hereafter be erected, relocated,
moved, reconstructed or structurally altered 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.
[Amended 2-10-2011 by Ord. No. 2011-01]
B.
Application for certificate of compliance. Application shall be made in the same manner as for a zoning permit pursuant to § 595-110 and coincidental with application for a zoning and/or building permit.
[Amended 2-10-2011 by Ord. No. 2011-01]
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. The
applicant shall also submit the required zoning fee as listed in the
Village Fee Schedule.[1]
[Amended 4-5-2012 by Ord. No. 2012-04]
[1]
Editor’s Note: The Village Fee Schedule is on file in
the Village offices.
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 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 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 street,
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 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 § 1-4 of this Code.