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 recommendation by the
Plan Commission and ultimate action by the Village Board. A Zoning
Board of Appeals is provided to assure proper administration of this
chapter and to avoid arbitrariness.
The Village Board shall designate a Village official to serve
as the Zoning Administrator and as the administrative enforcement
officer for the provisions of this chapter. The duty of the Zoning
Administrator shall be to interpret and administer this chapter and
to issue, after on-site inspection, all permits required by this chapter.
The Zoning Administrator shall further:
A.
Maintain records of all permits issued, inspections made, work approved
and other official actions. If any application of this chapter to
a particular structure, land or water is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not be applicable to any other structure, land or water not specifically
included in said judgment.[1]
B.
Inspect all structures, lands and waters as often as necessary to
assure compliance with this chapter.
C.
Investigate all complaints made relating to the location of structures
and the use of structures, lands and waters, 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.
D.
Prohibit the use or erection of any structure, land or water until
he has approved such use or erection.
E.
Request assistance and cooperation from the Police Department, Village
Engineer and Village Attorney as deemed necessary.
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, 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. 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 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 and the holding
of public hearings by said Board, has authority to make changes and
amendments in zoning districts and the Zoning Map and to amend the
text of this chapter. The Village Board may delegate to the Plan Commission
the responsibility to hold some or all public hearings as required
under this chapter.[1]
A.
Occupancy permit required. No new structure, new use of land, water
or air or change in the use of land, water or air shall hereafter
be permitted and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted or structurally
altered without an occupancy permit. No zoning permit shall be required
for alterations which do not involve any change of use or change in
the exterior which does not affect gross floor area or extensions
into any side yard, front yard or rear yard setbacks. Such permit
may be consolidated with a building permit request and issuance; no
building permit will be issued prior to issuance of an occupancy permit.
B.
Application. Applications for an occupancy 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 the Plan Commission and Village Board (if involved).
C.
Action.
(1)
An occupancy 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 an occupancy 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 zoning permits for any construction,
reconstruction, expansion or conversion, except for one- and two-family
residences in residential districts, shall require site plan approval
by the Plan Commission in accordance with the requirements of this
section.
B.
Application. The applicant for a zoning 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 Village Board 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 Commission shall authorize the Zoning Administrator to issue or
refuse a Zoning Permit.
D.
Requirements. In acting on any site plan, the Plan Commission shall
consider the following:
(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, the
Zoning Administrator, the Plan Commission or any property owner who
would be specifically damaged by such violation may cause appropriate
action or proceedings 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 of Ordinances. Each violation and each day a violation continues or occurs shall constitute a separate offense. The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution provided for in § 1-3.
