The administration of this chapter is hereby vested in the Village
of Blue Mounds Zoning Administrator, the Village Board, the Plan Commission
and the Zoning Board of Appeals.
The Zoning Administrator, as the chief administrative and enforcement
officer for the provisions of this chapter, has the following duties:
A.
To receive and file applications for amendment of the Zoning Ordinance,
issue zoning permits, certificates of compliance, and make inspections
and maintain records as required by this chapter.
B.
To enforce this chapter with the authority to enter upon any public
or private premises at a reasonable time and make an inspection thereof
and, upon reasonable cause or question of proper compliance, revoke
any building permit and require the cessation of any building, moving,
alteration or use which is in violation of this chapter, such revocation
to remain in effect until reinstated by the Zoning Administrator,
Zoning Board of Appeals or the Village Board.
C.
To report all complaints and the action taken to the Zoning Board
of Appeals.
D.
To receive, file and forward to the Plan Commission all applications
for amending this chapter.
The Plan Commission is hereby vested with the jurisdiction and
authority under this chapter to review all applications for amending
the Zoning District Map and the text of this chapter and make recommendations
to the Village Board for approval, denial or modification of the applications.
For the purposes of this section, "modification" shall not be construed
as enlargement of the area described in the application.
The Village Board is hereby vested with the jurisdiction and
authority under this chapter to hold a public hearing on all applications
for amending the Zoning District Map and the text of this chapter,
consider recommendations from the Plan Commission and make final decisions
for approval, denial or modification of the applications. For the
purposes of this section, "modification" shall not be construed as
enlargement of the area described in the application.
B.
Procedure, rules, meetings and minutes. The Chair of the Zoning Board
of Appeals (referred to as "Board" in this section) shall be determined
by a majority vote of the members of the Board at the first meeting
in May of each year. The Board shall adopt its own rules of procedure
deemed necessary to carry out the provisions of this section. Meetings
of the Board shall be held at the call of the Chair, his or her designee,
or the Zoning Administrator, and at such other times as the Board
may determine. Such Chair, or in his/her absence, the acting Chair,
may administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public. The Board shall keep minutes
of its proceedings, showing the vote of each member upon each question.
The presence of four members shall be necessary to constitute a quorum.
C.
Appeals.
(1)
How taken. Appeals to the Zoning Board of Appeals may be taken by
any person aggrieved or by any officer, department, board or commission
of the Village affected by any decision or ruling of the Zoning Administrator
made under this chapter within 15 days after the decision or ruling
of the Zoning Administrator by filing with the Zoning Administrator
and with the Board a notice of appeal, specifying the grounds therefor.
The Zoning Administrator shall forthwith transmit to the Zoning Board
of Appeals all the papers constituting the record upon which the action
appealed from was taken.
(2)
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the Zoning Administrator
certifies to the Zoning Board of Appeals, after the notice of appeal
shall have been filed that by reason of facts stated in the certificate
a stay would, in his/her opinion, cause imminent peril to life or
property. In such cases, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Zoning Board
of Appeals or by a court of record on application, on notice to the
Zoning Administrator from whom the appeal was taken.
(3)
Hearings. The Zoning Board of Appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it, and
to give due notice thereof. The Board shall hear and decide the appeal
within a reasonable time. At the hearing, any party may appear in
person or by agent or by attorney.
D.
Powers of Zoning Board of Appeals. The Zoning Board of Appeals shall
have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the enforcement of this section or of any ordinance adopted
pursuant thereto;
(2)
To hear and decide special exceptions to the terms of this chapter
upon which it is required to pass hereunder;
(3)
To authorize upon appeal in specific cases such variance from the
terms of the ordinance as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of the ordinance will result in practical difficulty or unnecessary
hardship, so that the spirit of the ordinance shall be observed, public
safety and welfare secured, and substantial justice done;
(4)
To permit, in appropriate cases, and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of this
chapter, a building or premises to be erected or used for such public
utility purposes in any location which is reasonably necessary for
the public convenience and welfare.
E.
Decisions of the Board. In exercising the above-mentioned powers,
the Board may, in conformity with the provisions of this chapter,
reverse or affirm, wholly or in part, or may modify the order, requirement,
decision or determination appealed from, as ought to be made, and
to that end shall have all the powers of the officer from whom the
appeal is taken, and may issue the permit. The concurring vote of
four members of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Zoning Administrator
or to decide in favor of the applicant on any matter upon being brought
before the Board as required by this chapter. The grounds of every
such determination shall be stated. Decisions of the Board shall be
binding and final, and shall not be reconsidered for a period of one
year from the date of the decision.
F.
Standards for granting variances. The Zoning Board of Appeals shall
base its findings upon the evidence presented to it and that all of
the following conditions are present:
(1)
The particular physical surroundings, shape or topographic condition
of the specific property should result in unnecessary hardship if
the regulations are to be carried out strictly.
(2)
The conditions upon which the application for a variance is based
would not be applicable generally to other property within the same
zoning classification.
(3)
The purpose of the variance is not based on a desire for economic
or other material gain by the applicant or owner.
(4)
The alleged difficulty or hardship is caused by this chapter and
has not been created by any person presently having an interest in
the property.
(5)
The granting of the variance will not be detrimental to the public
welfare or injurious to other property in the neighborhood in which
the property is located.
(6)
The proposed variance will not impair or diminish the property value
within the neighborhood.
A.
Zoning site plan approval. All applications for building permits
for any construction, reconstruction, expansion or conversion, shall
require zoning site plan review and approval by the Zoning Administrator
and, if confirmation is requested by the Zoning Administrator, Plan
Commission and/or the Village Board, confirmation of approval by the
Plan Commission and Village Board, all in accordance with the requirements
of this section.
B.
Application. The applicant for a building permit shall also submit
a site plan and sufficient plans, specifications and information regarding
proposed buildings, machinery and operations to enable the Zoning
Administrator, Building Inspector and/or appropriate expert(s) to
determine whether the proposed application meets all the applicable
requirements of the Zoning Code, Building Code and relevant provisions
of the Village Code.
C.
Administration and review procedure. The Zoning Administrator shall
review the application and plans. Following review, the Zoning Administrator
may choose to refer the application and plans to the Building Inspector
and/or appropriate expert(s), if such input is deemed desirable or
necessary to determine compliance with this chapter. In addition to
such review by the Zoning Administrator, the Zoning Administrator
may request that the application be referred to the Plan Commission
and Village Board prior to final action by the Zoning Administrator.
Any Plan Commission member or Village Board member may also request
Plan Commission and Village Board review of the application, if such
request is made within 10 days of the Zoning Administrator's
receipt of a complete application and plans. In such event, the Plan
Commission shall have authority to review and recommend to the Village
Board and the Village Board shall have the authority to make a final
decision. The Plan Commission and Village Board may meet jointly to
conduct any such review. Unless otherwise mutually agreed by the applicant
and the Zoning Administrator, zoning site plan review, and approval
or refusal of the site plan, shall be completed within 40 days of
the Zoning Administrator's receipt of a complete application
and plans. Appeals of the Zoning Administrator's and/or Village
Board's decision may be made to the Zoning Board of Appeals,
as provided in the Zoning Code. No building permit shall be issued
unless and until zoning site plan approval has been obtained and certified
by the Zoning Administrator.
D.
Requirements. In reviewing and approving a site plan, the Zoning
Administrator and/or Village Board (following consideration of the
Plan Commission's recommendations) shall consider and determine
that the following requirements are met:
(1)
That the site plan and proposed structure, addition, or alteration
will, based upon the submitted plans and specifications, comply with
all applicable zoning and building ordinances;
(2)
That the site plan and proposed structure, addition, or alteration
are appropriate and will conform to the general development and design
of the zoning district within which it is to be erected and with the
character of the district as established by the Master Plan or other
general development plan in the Village;
(3)
That the size, exterior architectural appeal and general design of
the proposed structure, addition or alteration, when erected, will
not be so at variance with or similar to, the size, exterior architectural
appeal and general design of structures already constructed (or in
the course of construction) in the immediate neighborhood or district
or planned by the Master Plan or other general development plan in
the Village, as to be contrary to the generally accepted design standards
or underlying aesthetic values of the community, contribute to decay
or blight, and/or negatively affect property values within said neighborhood
or applicable district (Note: Input from adjoining property owners
is recommended, but not required, when making this determination.);
(4)
That the landscaping and overall appearance of the completed site
will complement surrounding and adjacent uses, so as not to impair
the value of adjacent properties, contribute to decay or blight, and/or
impair the intent or purposes of the zoning and building codes;
(5)
That the layout and design of the completed site will adequately
protect the safety of the residents and the community and minimize
traffic hazards that may be created, with considerations including,
but not limited to, entrances, exits and driveways accessing public
streets; and, the location, adequacy and improvements of areas for
parking and for loading and unloading;
(6)
That the proposed water supply, drainage facilities, and sanitary
and waste disposal are adequate; and
(7)
That the proposed structure, addition or alteration will not have
a significant adverse effect upon existing municipal services and
utilities. If the Zoning Administrator and/or Village Board determine
that there will be an adverse effect and/or additional facilities
are needed, the final approval of the site plan shall not be granted
until the Village Board has approved and entered into an agreement
with the applicant regarding the development of such facilities.
It shall be unlawful for any person to commence excavation for
or construction of any building or structure, or structural changes
in any existing building or structure without first obtaining a building
permit from the Building Inspector. No permit shall be issued for
the construction, alteration or remodeling of any building or structure
until application has been submitted in accordance with the provisions
of this chapter, showing that the construction proposed is in compliance
with the provisions of this chapter, and other regulations of the
Village.
No building or structure shall be occupied until a certificate
of compliance shall have been issued by the Building Inspector for
determining the conformity with the specification on which the building
permit has been issued.
A.
Any person, firm, or corporation, or agent, employee, or contractor
of such, who violates, disobeys, omits, neglects, or refuses to comply
with, or who resists enforcement of any provision of this chapter,
shall, upon conviction, forfeit not more than $1,000 for each offense,
together with penalty assessment and the costs of prosecution, and
in default of payment of such forfeiture and costs of prosecution
shall be imprisoned in the county jail of Dane County until said forfeiture
and costs are paid, but not to exceed 30 days for each violation.
Each day that a violation continues to exist shall constitute a separate
offense.[1]
B.
Whenever a violation of this chapter occurs or is thought to have
occurred, any person may file a complaint in regard thereto. All such
complaints must be in writing and shall be filed with the Zoning Administrator.
The Zoning Administrator shall properly record such complaint and
promptly investigate in accordance with the provisions of this chapter.
Following such investigation, the Zoning Administrator may issue a
warning letter and request for corrective action or a notice of code
violation. When determined appropriate by the Zoning Administrator,
such notices may be issued by the Building Inspector and/or turned
over to the Police Department for enforcement. The Zoning Administrator
may also request that the application be referred to the Plan Commission
and Village Board prior to taking final action. If notice of violations
is issued by the Zoning Administrator or Building Inspector, any adverse
decision may be appealed to the Zoning Board of Appeals. If a citation
for an ordinance is issued by the police, resolution of the citation
will be conducted in Municipal Court.
