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 chapter require review and action by the Village Board.
A Zoning Board of Appeals is provided to assure proper administration
of this chapter and to avoid arbitrariness.
A.
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 Village Board 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 Village Board not
less than once a year.
B.
Due to the size of the Village of Clyman, 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, 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 make changes and amendments in zoning districts, the
Zoning Map and supplementary Floodplain Zoning Map, and to amend the
text of this chapter.
A.
Building/zoning permit required. No building/zoning 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 been issued 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 building/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 building/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 12 months unless substantial work
has commenced or within 12 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 application shall reapply
for a building/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.
Occupancy permits required. No vacant land hereafter developed; no
building hereafter erected, relocated, moved, reconstructed or structurally
altered; and no floodplains hereafter filled, excavated or developed
shall be occupied or used until an occupancy permit has been issued
by the Village. Such occupancy permit shall show that the structure,
premises or use is in conformity with the provisions of Village zoning
and building code ordinances.
B.
Application.
(1)
Applications for an occupancy permit shall be made to the Village
Clerk-Treasurer, Building Inspector or their designee and shall include
the following where pertinent and necessary for proper review:
(a)
Names and addresses of the applicant, owner of the site, architect,
professional engineer and contractor.
(b)
Description of the subject site by lot, block and recorded subdivision
or by other acceptable description; 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.
(c)
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 if required by the Village Clerk-Treasurer, Building
Inspector or their designee: 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.
(d)
Additional information as may be required by the Village Clerk-Treasurer,
Building Inspector or their designee.
(e)
Payment of any required permit fee.
(2)
Application for a certificate of compliance in the floodplain districts
shall include certification by a registered professional engineer
or land surveyor that the plans therefor will fully comply with the
floodplain regulations set forth in Village ordinances before the
permit shall be issued, further, such certification by an engineer
or surveyor shall also be filed to the effect that the project does,
indeed, so comply.
C.
Existing uses. Upon written request from the owner, the Zoning Administrator
may issue an occupancy permit 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 Village zoning and building
code ordinances.
A.
Site plan approval. All applications for building/zoning permits
for any construction, reconstruction, expansion or conversion in a
business or industrial district shall require site plan approval by
the Village Board 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 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 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 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 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 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 give
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 § 1-3 of this Code.
