Village of Argyle, WI
Lafayette County
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Table of Contents
Table of Contents
This chapter contemplates an administrative and enforcement officer entitled 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 Zoning 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.
A. 
General duties. The Zoning Administrator is hereby designated as the primary administrative officer for the provisions of this chapter and shall be referred to as the Zoning Administrator. The Zoning Administrator shall be appointed by resolution of the Village Board. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue all permits required by this chapter. The Zoning Administrator shall further:
(1) 
Issue all zoning certificates and make and maintain records, which records shall be maintained in the Village Hall.
(2) 
Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter.
(3) 
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, variances, appeals and applications therefor.
(4) 
Provide and maintain a public information function relative to all matters arising out of this chapter.
(5) 
Receive, file and forward to the Village Clerk-Treasurer all applications for amendments to this chapter.
(6) 
Receive, file and forward to the Plan Commission all applications for conditional uses.
(7) 
Receive, file and forward to the Board of Appeals all applications for appeals, variances or other matters on which the Board of Appeals is required to act under this chapter and shall attend all Board of Appeals meetings to provide technical assistance when requested by the Village Board.
(8) 
Initiate, direct and review from time to time a study of the provisions of this chapter, and make recommendations to the Plan Commission not less than once a year.
B. 
Optional assignment of duties. Due to the size of the Village of Argyle, 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, to another Village official, to a single member of the Board or to 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. 
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, one of its functions is to make recommendations 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, has ultimate 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 Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this article and other provisions therefore elsewhere in this chapter.
C. 
Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter. See Article XIV of this chapter for detailed provisions.
A. 
Zoning certificate required. No building permit for a new structure, new use of land, water or air, or change in the use of land, water or air shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered unless the application for such permit has been examined by the office of the Zoning Administrator and has affixed to it a certificate of the office of the Zoning Administrator indicating that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all of the provisions of this chapter.
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 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, Village Board or 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. 
Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion in an R-3, R-4, B-1, B-2, B-3, I-1, AEO or E-1 District shall require site plan approval by the Plan Commission in accordance with the requirements of this section.
B. 
Application. The applicant for a zoning or building 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 any expert consultants selected by the Plan Commission and/or Village Engineer 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.
D. 
Requirements. In acting on any site plan, the Plan Commission may impose conditions upon the issuance of site plan approval as it deems necessary to address the following issues:
(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 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 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, Plan Commission, 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 § 1-2 of this Code.