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,[1] and amending the text of this chapter, require review
and action by the Village Board. A Zoning Board of Appeals is provided
to assure proper administration of the chapter and to avoid arbitrariness.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
A.
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, except as
otherwise provided in this chapter. The Zoning Administrator shall
further:[1]
(1)
Maintain records of all permits issued, inspections made, work approved
and other official actions.
(2)
Inspect all structures, lands and waters as often as necessary to
assure compliance with this chapter.
(3)
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.
(4)
Prohibit the use or erection of any structure, land or water until
he has inspected and approved such use or erection.
(5)
Request assistance and cooperation from the Village Clerk-Treasurer,
Building Inspector and Village Attorney as deemed necessary.
B.
Due to the size of the Village of Dane, it may not be feasible to
find a suitable person willing to take on the responsibility of being
Zoning Administrator on a part-time basis. It is therefore provided
that the function of the Zoning Administrator can be delegated to
a committee of the Board or a single member of the Board or the Village
President. An officer other than a Board member or another employee
of the Village may also be designated to handle the duties of Zoning
Administrator on a part-time basis in addition to the other duties
performed by such person.
A.
Village Board. The Village Board, the governing body of the Village,
subject to the holding of public hearings by said Board, has ultimate
authority to grant permitted conditional uses, planned unit development
conditional uses, make changes and amendments in zoning districts
and the Zoning Map[1] and to amend the text of this chapter.[2]
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. The zoning permit
may be issued as part of issuance of a building permit; there shall
be a charge for only one permit under such circumstances.
B.
Application. 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
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 Village Board.
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.
Site plan approval. 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 Village Board 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 Village Board 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 Village Board within 10 days. The Village
Board 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 Village Board shall authorize the Zoning Administrator to issue
or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Village Board 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; 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 Village
Board 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 approval,
the Village Board 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 Village Board 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 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 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.
Petitions for all zoning change requests, conditional and special
uses and variances shall comply with the procedures and requirements
as set forth herein:
A.
General. The petitioner must submit a completed application, including
required information and drawings, together with the required application
fee, to the Village office before the Village of Dane Plan Commission,
Zoning Board of Appeals and/or Village Board will consider and act
upon the request. Failure to provide the required information or fee
shall be cause for the Village's action to deny such petition.
B.
Application and required information. The petitioner must submit
the following application information: petitioner's name and
address; description of property; a detailed description of the request,
including, if necessary, a site plan; and other such information as
the Plan Commission, Zoning Board of Appeals or Village Board may
determine is reasonably necessary to determine the effects of the
proposal on the public health, safety and welfare.
C.
Fee. Upon submittal of the application, the petitioner shall remit to the Village a fee as set forth in Chapter A150, Fees, to pay a portion of the costs of staff review, report and agenda preparation, and public notices. The Village of Dane reserves the right to assess additional charges if the expenses exceed the application fee.[1]
D.
Submittal deadline. The application, required information, and payment
of the required fee must be received in the Village office not later
than 14 days prior to the date of the Plan Commission or Zoning Board
of Appeals or Village Board meeting at which the petition will be
considered. Applications received after this deadline shall be placed
on the next regularly scheduled meeting.