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 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 except as otherwise
provided by this chapter. The Zoning Administrator shall further:[1]
(1)
Issue all zoning permits 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 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 Zoning Board of Appeals all applications
for appeals, variances, or other matters on which the Zoning Board
of Appeals is required to act under this chapter, and shall attend
all Zoning 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 Brandon 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,
holds public hearings and has ultimate authority to make changes and
amendments in zoning districts and the Zoning Map and to amend the
text of this chapter.
A.
Zoning permit 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 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.
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 or which 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.
