The purpose of this article is to establish responsibilities
for the administration of this chapter and the enforcement procedures
and penalties for noncompliance with the provisions of this chapter.
The Building Inspector and/or other designee of the Village
Board is hereby designated as the administrative and enforcement officer(s)
for the provisions of this chapter and is also herein referred to
as the "Zoning Administrator." The general duty of the Zoning Administrator
is to interpret and administer this chapter, as well as certain other
Village of East Troy ordinances as indicated within those ordinances.
With respect to this chapter, the Zoning Administrator shall have
the following specific duties and responsibilities:
A.
Make available to the public, to the fullest extent possible, all
reports and documents concerning the Village's Comprehensive Plan
and ordinances. In addition, information in the form of reports, bulletins,
maps, and engineering data shall be readily available and widely distributed.
The Village Board may set fees necessary to recover the cost of providing
information to the public.
B.
Maintain permanent and current records of this chapter, including
but not limited to all maps, amendments, conditional uses, temporary
uses, sign permits, site plans, occupancy permits, variances, appeals,
interpretations, and applications therefor.
C.
Receive, file, and forward all applications for all procedures governed
by this chapter to the designated official bodies.
D.
Determine that all zoning permits, building permits, occupancy permits,
sign permits, and site plans (and their constituent plans) comply
with all provisions of this chapter.
F.
Grant minor variations from the dimensional (setback, height and
area) requirements of this chapter, up to a maximum variation of 5%
for setbacks and height limitations and up to a maximum variation
of 5% or 1,000 square feet for area requirements (whichever is less),
so long as the spirit and intent of this chapter are preserved.
G.
Investigate all complaints made relating to the location of structures
and the use of structures, lands, and waters. The Zoning Administrator
shall 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.
H.
Conduct inspections of buildings, structures, waters, and land to
determine compliance with all provisions of this chapter. The Zoning
Administrator must be permitted access to premises and structures
during reasonable hours to make inspections as deemed necessary by
him to ensure compliance with this chapter. If the Zoning Administrator
is refused entry after presentation of his identification, he may
procure a special inspection warrant in accordance with § 66.0119(2),
Wis. Stats. Where useful, the Zoning Administrator, or his agent,
may set marks on bridges or buildings or other markers which show
the depth of the regional flood or may set marks delineating the boundaries
of wetlands.
I.
Institute, in the name of the Village of East Troy, any appropriate
actions or proceedings against a violator of this chapter, as provided
by law.
J.
Prohibit the use or erection of any structure, land, or water until
he has inspected and approved such use or erection.
K.
Request assistance and cooperation from the Police Department and
Village Attorney as deemed necessary.
The Plan Commission, together with its other statutory duties,
shall make recommendations relating to the planning and development
of the Village to the Village Board, other public officials, and other
interested organizations and citizens. The Plan Commission in the
performance of its functions may enter upon any land and make examinations
and surveys. 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.
The Village Board, the governing body of the Village, subject
to recommendations by the Plan Commission, has ultimate authority
to make changes and amendments to this chapter and the Official Zoning
Map.
A.
A Zoning Board of Appeals is established to provide an appeal procedure
for persons who deem themselves aggrieved by decisions of administrative
officers in the enforcement of this chapter. With respect to this
chapter, the Zoning Board of Appeals shall have the following specific
duties and responsibilities:
(1)
Hear and decide appeals where it is alleged that there is an
error in any interpretation, order, requirement, decision, or determination
made by the Zoning Administrator in the enforcement, administration,
or interpretation of this chapter.
(2)
Hear and decide special exceptions to the terms of this chapter
upon which the Zoning Board of Appeals is required to pass.
(3)
Authorize such variances from the terms of this chapter as will
not be contrary to the public interest, when, owing to special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship, so that the spirit of this chapter shall be observed, public
safety and welfare secured, and substantial justice done.
(4)
Attach conditions of approval to any action described under
this section, in furtherance of the general purpose and intent of
this chapter.
(5)
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 structure to be erected or used for such public
utility purposes in any location which is reasonably necessary for
the public convenience and welfare.
(6)
Interpret the provisions of this chapter in such a way as to
carry out the intent and purpose of this chapter as shown on the Official
Zoning Map where the actual street layout on the ground varies from
the street layout on the aforesaid map.
(7)
Have the power to call on any other Village department for assistance
in the performance of its duties, and it shall be the duty of such
other departments to render such assistance as may be reasonably required.
B.
In exercising the above-listed duties and responsibilities, the Zoning
Board of Appeals may reverse or affirm, wholly or in part, or may
modify any order, requirement, decision, or determination of the Zoning
Administrator or other administrative officer from whom the appeal
is taken. A majority vote of the Zoning Board of Appeals shall be
necessary to reverse any order, requirement, decision, or determination
for which an appeal has been requested. Except as specifically provided,
no action of the Zoning Board of Appeals shall have the effect of
permitting prohibited uses in any district.[1]
A.
The fees for the procedures and permits established by this chapter
shall be established by resolution of the Village Board of the Village
of East Troy.
B.
There shall be no fee in the case of applications filed in the public
interest by the Village Board or the Plan Commission, other agency,
or official of the Village of East Troy.
C.
Fees shall be payable at the time applications are filed with the
appropriate officer of the Village (per the requirements of this chapter)
and are not refundable.
D.
Village staff may expend time in the investigation and processing
of procedures regulated by this chapter. In addition to Village staff
involvement, the Village may retain the services of professional consultants,
including but not limited to engineers, landscape architects, architects,
attorneys, environmental specialists, planners, and recreation specialists,
in the administration, investigation, and processing of such matters.
Any person, firm or corporation requesting action by the Village on
conditional use permits, permits pursuant to the supplemental regulations
and amendments of this chapter shall reimburse the Village for staff
time expended in the administration, investigation, and processing
of applications for such permits or amendments and the cost to the
Village charged by any professional consultant retained by the Village
on any such matter.
