A.
Intent. This ordinance contemplates an administrative and enforcement
officer entitled the "Zoning Administrator" to administer and enforce
the same. Certain considerations such as the granting of conditional
use permits, planned unit development conditional uses, changes in
zoning districts and the Zoning Map, and amending the text of this
chapter, require review and recommendation by the Plan Commission
and ultimate action by the Village Board. A Zoning Board of Appeals
is also provided.
B.
Zoning Administrator. The Village President shall appoint a Zoning
Administrator, subject to confirmation by the Village Board. The Zoning
Administrator will serve as the administrative enforcement officer
for the provisions of this chapter.
(1)
General powers and duties. The Zoning Administrator shall enforce
the provisions of this chapter. The Zoning Administrator shall further:
(a)
Maintain records of all permits issued, inspections made, work
approved, and other official actions related to this chapter.
(b)
Inspect all structures, lands and waters as often as necessary
to assure compliance with this chapter. If entry after presentation
of identification is refused, procure a special inspection warrant
in accordance with Wis. Stats. § 66.0119.
(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 Clerk-Treasurer in a manner specified by him/her.
(d)
Prohibit the use or erection of any structure, land or water
until it has been inspected and approved for such use or erection.
(e)
Issue stop, cease, and desist orders requiring the correction
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons deemed by the Zoning Administrator to be in violation
of the provisions of this chapter. It shall be unlawful for any persons
to violate any such order issued by the Zoning Administrator.
(f)
Receive, review, and investigate permit applications and fees
and make inspections to determine compliance with the provisions of
this chapter.
(g)
Maintain permanent and current records of the administration
and enforcement of this chapter, including, but not limited to, applications,
processing and decisions for all amendments, conditional uses, variances
and appeals, and designate on the Zoning Map each amendment granted
by the Village Board.
(h)
Provide and maintain public information relative to all matters
arising out of this chapter.
(i)
Receive, file and forward to the Zoning Board of Appeals all
applications for variance or other matters on which the Zoning Board
of Appeals is required to act under this chapter.
(j)
Forward to the Village Clerk-Treasurer all applications initially
filed with the Zoning Administrator for conditional uses, amendments
and other matters under this chapter upon which the Village Board
is required to act and forward to the Plan Commission copies of such
applications upon which it is required to submit reports and recommendations
thereto to the Village Board.
(k)
Attend all Plan Commission and Board of Appeal meetings.
(2)
Records. The Zoning Administrator shall keep a record of all applications
for permits under this chapter in a book. The Zoning Administrator
shall make a monthly report to the Village Board on the matters related
to this chapter and work.
A.
Establishment. A Plan Commission for the Village of Tigerton was
established pursuant to the provisions of Wis. Stats. § 62.23.
B.
Purpose. The purpose of this section is to set forth the Plan Commission
organization, powers and duties, to further the health, safety, welfare
and wise use of resources for the benefit of current and future residents
of the Village and affected neighboring jurisdictions, through the
adoption and implementation of Comprehensive Planning with significant
citizen involvement.
C.
Membership. The Plan Commission shall consist of seven members. The
Village President shall appoint members of the Plan Commission during
the month of April or to fill any expiring term, subject to confirmation
by the Village Board. The Village President shall also select the
Chairperson of the Plan Commission. The Village President may appoint
himself or herself or another Village Board member to the Plan Commission
and may designate himself or herself, the other Village Board member,
or a citizen member as Chairperson of the Plan Commission. The Plan
Commission shall always have at least three citizen members who are
not Village officials. Citizen members shall be persons of recognized
experience and qualifications.
D.
Compensation. The Village Board shall from time to time set a per
diem allowance on a per meeting basis for citizen and Board members
of the Plan Commission, as allowed under Wis. Stats. § 66.0501(2).
In addition, the Village Board may reimburse reasonable costs and
expenses.
E.
Officers. Subject to the provisions above, the Plan Commission may
select a Vice Chairperson and Secretary for the Commission.
(1)
The Chairperson shall, subject to Village ordinances and Commission
rules:
(2)
Vice Chairperson. The Plan Commission may elect a Vice Chairperson
to act in the place of the Chairperson when the Chairperson is absent
or incapacitated for any cause.
(3)
Secretary. The Plan Commission may elect one of its members to serve
as Secretary, or, with the approval of the Village Board, designate
the Village Clerk-Treasurer as Secretary.
(4)
Staff. The Plan Commission may recommend to the Village Board the
employment of experts and staff, and may review and recommend to the
approval authority proposed payments under any contract with an expert.
F.
Terms of office. Each member of the Commission shall serve a three-year
term, which shall commence May 1 of the year of appointment. (The
terms of the existing Commission members shall expire when their terms
as Village Plan Commission members would have expired.)
G.
Rules. The Plan Commission shall organize and adopt rules for its
own government in accordance with the provisions of this section.
H.
Meetings. Regular meetings of the Plan Commission shall be held on
a scheduled basis. Special meetings of the Plan Commission may be
called by the Village President, the Plan Commission Chairperson,
a majority of the Commission members or the Village Administrator.
All meetings of the Plan Commission shall be open to the public.
I.
Quorum. Four members shall constitute a quorum. All actions of the
Commission require approval of a majority of the members present at
a duly called meeting.
J.
Records. A written record shall be kept showing all actions taken,
resolutions, findings, determinations, transactions and recommendations
made, and a copy of such record shall be filed with the Village Clerk-Treasurer
as a public record, unless a closed session of the Plan Commission
is permitted under § 19.85, Wis. Stats. Records shall not
be destroyed except as pursuant to law.
K.
General powers and duties. The Plan Commission shall have such powers
and duties which include the following under Wis. Stats. § 62.23(4),
Wis. Stats.:
(1)
Necessary to enable it to perform its functions and promote Village
planning.
(2)
To make reports and recommendations relating to the plan and development
of the Village to the Village Board, other public bodies, citizens,
public utilities and organizations.
(3)
To recommend to the Village Board programs for public improvements
and the financing of such improvements.
(4)
To receive from public officials, within a reasonable time, requested
available information required for the Commission to do its work.
(5)
For itself, its members and employees, in the performance of their
duties, to enter upon land, make examinations and surveys, and place
and maintain necessary monuments and marks thereon. However, entry
shall not be made upon private land, except to the extent that the
private land is held open to the general public, without the permission
of the landowner or tenant. If such permission has been refused, entry
shall be made under the authority of an inspection warrant issued
for cause under Wis. Stats. § 66.0119 or other court-issued
warrant.
(6)
The Plan Commission shall make and adopt a Comprehensive Plan under
Wis. Stats. §§ 62.23 and 66.1001 and amendments thereto,
which contain the elements specified in Wis. Stats. § 66.1001(2)
and follows the procedures in Wis. Stats. § 66.1001(4).
L.
Referrals to the Plan Commission.
(1)
Required referrals under Wis. Stats. § 62.23(5). The following
shall be referred to the Plan Commission for report:
(a)
The location and architectural design of any public building.
(b)
The location of any statue or other memorial.
(d)
The location, extension, abandonment or authorization for any
publicly or privately owned public utility.
(e)
All plats under the Village's jurisdiction under Ch. 236,
Wis. Stats., including divisions under the Village's subdivision
ordinance.
(g)
The amendment or repeal of any ordinance adopted under Wis.
Stats. § 62.23, including ordinances relating to the Plan
Commission; the master plan or the Comprehensive Plan; and a Village
Official Map.
(2)
Required referrals under sections of the Wisconsin Statutes other
than Wis. Stats. § 62.23(5). The following shall be referred
to the Plan Commission for report:
(a)
An application for initial licensure of a child welfare agency
or group home under Wis. Stats. § 48.68(3).
(b)
An application for initial licensure of a community-based residential
facility under Wis. Stats. § 50.03(4).
(c)
Proposed designation of a street, road or public way, or any
part thereof, wholly within the jurisdiction of the Village, as a
pedestrian mall under Wis. Stats. § 66.0905.
(d)
Matters relating to the establishment or termination of an architectural
conservancy district under Wis. Stats. § 66.1007.
(e)
Matters relating to the establishment of a reinvestment neighborhood
required to be referred under Wis. Stats. § 66.1107.
(f)
Matters relating to the establishment or termination of a business
improvement district required to be referred under Wis. Stats. § 66.1109.
(g)
A proposed housing project under Wis. Stats. § 66.1211(3).
(h)
Matters relating to urban redevelopment and renewal in the Village
required to be referred under Subchapter XIII of Wis. Stats. Ch. 66.
(i)
The adoption or amendment of a subdivision ordinance under Wis.
Stats. § 236.45(4).
(j)
Any other matter required by the Wisconsin Statutes to be referred
to the Plan Commission.
(3)
Required referrals under this chapter. In addition to referrals required
by the Wisconsin Statutes, the following matters shall be referred
to the Plan Commission for report:
(a)
An application for a conditional use permit under this chapter.
(b)
A proposed site plan.
(c)
A proposed extraterritorial zoning ordinance or a proposed amendment
to an existing ordinance under Wis. Stats. § 62.23(7a).
(d)
A proposed boundary change pursuant to an approved cooperative
plan agreement under Wis. Stats. § 66.0307 or a proposed
boundary agreement under Wis. Stats. § 66.0225 or other
authority.
(e)
A proposed zoning ordinance or amendment pursuant to an agreement
in an approved cooperative plan under Wis. Stats. § 66.0307(7m).
(f)
A proposed ordinance, regulation or plan, or amendment to the
foregoing, relating to a mobile home park under Wis. Stats. § 66.0435.
(4)
Referral period. No final action may be taken by the Village Board
on a matter referred to the Plan Commission until the Commission has
made its report, or 30 days, or such longer period as stipulated by
the Village Board, has passed since referral. The thirty-day period
for referrals required by the Wisconsin Statutes may be shortened
only if so authorized by statute.
A.
Establishment of Board. There is hereby established a Zoning Board
of Appeals for the Village of Tigerton.
B.
Membership and terms of office.
(1)
Board members. The Board shall consist of five members appointed
by the Village President and confirmed by the Village Board. The Village
President shall designate one of the members as Chairperson. Members
shall be removable by the Village President for cause upon written
charges and after a public hearing. A Secretary, who does not have
to be a Board of Appeals member, shall be appointed the Board of Appeals.
(2)
Alternate member. The Village President shall appoint two alternate
members to the Zoning Board of Appeals. An alternate shall act with
full power only when a member of the Zoning Board of Appeals is absent
or disqualifies himself from a vote due to a conflict of interest.
The provisions for removing members shall also apply to the removal
of the alternates.
(3)
Terms. Members shall be appointed to three-year terms, except for
those first appointed, in which case one member shall serve for one
year, two members for two years and two members for three years. The
alternate members shall serve terms of three years.
(4)
Vacancies. Vacancies shall be filled for the unexpired terms of members
whose terms become vacant.
C.
Procedures, meetings, records and decisions.
(1)
Procedures. The Board of Appeals shall be governed by the provisions
of Wis. Stats. § 62.23(7), this chapter and rules and procedures
adopted by the Zoning Board of Appeals. The Zoning Board of Appeals
shall have power to adopt rules and regulations for its own government
consistent with law and the provisions of this or any other ordinance
of the Village.
(2)
Meetings of the Zoning Board of Appeals shall be held at the call
of the Chairperson and at such other times as the Board may determine.
Such Chairperson, or in his absence the Acting Chairperson, may administer
oaths and compel the attendance of witnesses.
(3)
All meetings of the Zoning Board of Appeals shall be public. The
Board shall keep minutes of its proceedings showing the action of
the Board and the vote of each member upon each question or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examination and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public
record.
(4)
The presence of three members shall constitute a quorum. If a quorum
is present, the Zoning Board of Appeals may take action by a majority
vote of the members present.
(5)
Appeals may be taken by any person aggrieved or by any officer, department,
board or bureau of the Village affected by any decision of the Zoning
Administrator. Such appeal shall be taken within 30 days, as provided
by the rules of the Board of Appeals, by filing with the Zoning Administrator
from whom the appeal is taken and with the Zoning Board of Appeals
a notice of appeal specifying the grounds thereof. The Zoning Administrator
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(6)
The Board shall have the following powers: To hear and decide appeals
where it is alleged there is error in any order, requirement, decision,
or determination made by the Zoning Administrator in the enforcement
of this chapter; 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.
D.
All variances granted by the Zoning Board of Appeals shall be valid
for a period of six months from the date of the meeting at which such
action was taken. If no building permit is applied for within such
six-month period, the action of the Zoning Board of Appeals shall
be null and void, and a new variance or special use permit must be
granted under the normal procedures outlined in this section. A six-month
extension may be granted by the Board upon submission of a written
request setting forth the facts which require an extension.
E.
General powers. In exercising its jurisdiction in matters described under Subsection D, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed. The Board may also make such order, requirement, decision or determination as ought to be made, shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit.
F.
Application procedures.
(1)
Procedures. Appeals to the Zoning Board of Appeals may be taken by
any person aggrieved or by an officer, department, board or bureau
of the Village within 30 days of the decision involved, by filing
with the Zoning Administrator a notice of appeal specifying the grounds
thereof. The Zoning Administrator shall forthwith transmit to the
Zoning Board of Appeals all the papers constituting the record upon
which the action appealed was taken. The Board of Appeals shall fix
a reasonable time for a hearing on the appeal, and give public notice
as well as due notice to parties in interest, and shall decide the
same within a reasonable time.
(2)
Preliminary review. The secretary of the Zoning Board of Appeals
shall, as promptly as possible, inform the Zoning Board of Appeals
concerning the appeal. If the applicant elects to withdraw the appeal
any time before final determination is made by the Zoning Board of
Appeals, this fact shall be noted on the application with the signature
of the applicant attesting withdrawal. Copies of the withdrawn application
shall be returned to the Secretary for the files of the Zoning Board
of Appeals, to the Zoning Administrator and to the applicant. If the
appeal is not withdrawn, the Zoning Board of Appeals may request the
applicant to provide such additional information as may be needed
to determine the case and shall instruct the Secretary to proceed
with public notice of a hearing on the case.
(3)
Amendments. Amendments of an appeal by the applicant may be permitted
at any time prior to or during the public hearing, provided that no
such amendment shall be such as to make the case different from its
description in the notice of public hearing. If the amendment is requested
by the applicant after public notice of the hearing has been given,
and such amendment is at variance with the information set forth in
public notice, the applicant shall pay an additional fee to cover
the cost of amending the public notice. If the amended notice can
be published within the time frame specified for the public hearing,
the hearing on the amended appeal may be held on that date, otherwise
the Chairperson shall announce that the hearing originally scheduled
on the case will be deferred to a future meeting, before which appropriate
public notice will be given, and will state the reasons for the deferral.
(4)
Fees. Any application for an appeal or variance shall be accompanied
by the current established fee as time to time set by the Village
Board and which shall at a minimum compensate the Village for publication
of notices and other expenses. No action shall be taken until such
fees have been paid.
G.
Appeals for a variance.
(1)
Powers/definitions. The Zoning Board of Appeals shall have the power
to grant a variance by varying the strict application of any requirement
of this chapter where the strict application of such requirements
would result in practical difficulty and unnecessary hardship depriving
the owner of reasonable use of land or buildings. In this section
"area variance" means a modification to a dimensional, physical, or
locational requirement such as a setback, frontage, height, bulk,
or density restriction for a structure that is granted by the Board
of Appeals. In this section, "use variance" means an authorization
by the Board of Appeals for the use of land for a purpose that is
otherwise not allowed or is prohibited by the applicable zoning ordinance.
(2)
Requirements for a variance. A property owner bears the burden of
proving "unnecessary hardship," as that term is used in this section,
for an area variance, by demonstrating that strict compliance with
this chapter would unreasonably prevent the property owner from using
the property owner's property for a permitted purpose or would
render conformity with this chapter unnecessarily burdensome or, for
a use variance, by demonstrating that strict compliance with a zoning
ordinance would leave the property owner with no reasonable use of
the property in the absence of a variance. In all circumstances, a
property owner bears the burden of proving that the unnecessary hardship
is based on conditions unique to the properly, rather than considerations
personal to the property owner, and that the unnecessary hardship
was not created by the property owner. A variance granted under this
section runs with the land.
(3)
Prohibited variances. The Zoning Board of Appeals shall not grant
use variances in floodplains or wetlands or conservancy districts.
(4)
Documentation of decision.
(a)
In every case where a variance from these regulations has been
granted by the Zoning Board of Appeals, the minutes of the Board shall
affirmatively show that an unnecessary hardship or practical difficulty
exists, and the records of the Board shall clearly show in what particular
and specific respect an unnecessary hardship or practical difficulty
would be created by the literal application of such regulations.
(b)
Variances or conditions imposed in any permit shall be stated
in the decision or order embodying the Board's decision and shall
also be set forth in the building, special use or occupancy permit
issued under that order by the Building Inspector. A permit shall
be valid only as long as the conditions upon which it is granted are
observed. Whenever the Board grants an application or appeal affecting
the use of any premises, such authorization shall be deemed revoked
unless the owner, occupant or his agent shall, upon request, file
with the Board Secretary a written report certifying that all conditions
or limitations imposed by the Board have been conformed to and maintained.
H.
Public hearings.
(1)
Time period. Upon filing with the Zoning Board of Appeals an application
for an appeal or variance, the Zoning Board of Appeals shall fix a
reasonable time (not more than 60 days from the filing date) for public
hearing.
(2)
Notice of hearing. A Class 2 notice pursuant to Ch. 985, Wis. Stats.,
shall be published in the official newspaper of the Village, specifying
the date, time and place of the hearing and matters to come before
the Zoning Board of Appeals. Notices shall also be mailed to the parties
in interest, as determined by the Zoning Board of Appeals.
I.
Appeal of Board of Appeals decisions. Any person or persons aggrieved
by any decision of the Zoning Board of Appeals may present to a court
of record a petition, duly verified, setting forth that such decision
is illegal and specifying the grounds of the illegality. Such petition
shall be presented to the court within 30 days after the filing of
the decision in the offices of the Zoning Board of Appeals.
A.
Purpose of amendments. The Village Board may, from time to time on
its own motion or on petition, amend, supplement or change this chapter,
including the Official Zoning Map.
B.
Initiation. Amendments may be proposed by the Village Board or any
member thereof, the Plan Commission, or any person, firm, corporation
or organization.
C.
Procedures. The Village Board shall refer every proposed amendment
to the Plan Commission for report and recommendation. If the Village
Board does not receive a report and recommendation from the Plan Commission
within 60 days of submitting the proposed amendment, the Village Board
may proceed with the necessary hearing.
D.
Public hearing and notice. No amendment of this chapter shall become
effective until a public hearing is held before the Plan Commission,
where parties in interest and citizens shall have the opportunity
to be heard. A Class 2 notice in accordance with Ch. 985, Wis. Stats.,
shall be published in the official newspaper of the Village. At least
10 days before the public hearing, a written notice of such hearing
shall also be given to the Clerk of any municipality whose boundaries
are within 1,000 feet of any lands included in the proposed amendment.
Failure to give such notice shall not invalidate such amendment.
E.
Finding of fact and recommendation of the Plan Commission. Within
30 days after the close of the hearing on a proposed amendment, the
Plan commission shall make written findings and shall submit the same
together with its recommendations to the Village Board. Where the
purpose and effect of the proposed amendment is to change the zoning
classification of a particular property, the Plan Commission shall
make findings based upon the evidence presented to it in each specific
case with respect to the following matters:
(1)
Existing use of property within the general area of the property
in question;
(2)
The zoning classification of property within the general area of
the property in question;
(3)
The suitability of the property in question to the uses permitted
under the existing zoning classification;
(4)
The trend of development, if any, in the general area of the property
in question including changes, if any, which have taken place since
the property in question was placed in its present zoning classification;
(5)
Minimum size of parcel;
(6)
Consistency with the Village Comprehensive Plan;
(7)
The Plan Commission shall not recommend the adoption of a proposed
amendment unless it finds that the adoption of such amendment is in
the public interests and not solely for the benefit of the applicant.
The Plan Commission may recommend the adoption of an amendment changing
the zoning classification of the property in question to a higher
classification than that requested by the applicant.
F.
Final approval. An amendment shall become effective upon a majority
vote of a quorum of the members of the Village Board voting on the
proposed amendment. However, in case of a protest against such amendment,
duly signed and acknowledged by the owners of 20% or more of the land
included in such proposed amendment, or by owners of 20% or more of
the area immediately adjacent extending 100 feet therefrom, or by
owners of 20% or more of the land directly opposite thereto extending
100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by a favorable vote of 3/4 of the
members of the Village Board voting on the proposal.
A.
Statement of purpose. The development and execution of this section
is based upon the division of the Village into zoning districts, within
which districts the use of land and buildings and bulk and location
of buildings and structures in relation to the land are mutually compatible
and substantially uniform. However, there are certain uses which,
because of their unique characteristics, cannot be properly classified
as unrestricted permitted uses in any particular district or districts
without consideration of the impact of those uses upon neighboring
land or public facilities and the public need for the particular use
in a particular location. Nevertheless, such uses may be necessary
or desirable to be allowed in a particular district, provided that
due consideration is given to location, development and operation
of such uses. Such uses are classified as conditional uses.
B.
Application. Any application for a conditional use permit shall be
submitted to the Zoning Administrator on forms provided by the Zoning
Administrator. Each application shall be accompanied by the payment
of a fee as specified by the Village fee schedule. The application
may include single parcels of land or groupings of parcels, contiguous
or noncontiguous. The application shall be submitted by the owner
of an interest in land for which conditional use approval is sought,
or by the owner's designated agent. The applicant or a designated
representative should be present at all scheduled review meetings
and/or public hearings or consideration of the proposal may be delayed.
C.
Information required with application.
(1)
Form. Form provided by Zoning Administrator completed by applicant.
(2)
Site plan. Site plan or plot plan that complies with the site plan submittal requirements of § 223-9 of the Village Code. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.
(3)
Fee. A fee as specified in the Village fee schedule.
(4)
General standards. A statement supported by substantial evidence
regarding the requirements enumerated herein.
D.
Time frame. Conditional use applications must be submitted to the
Zoning Administrator or designee at least 45 days prior to a Plan
Commission meeting.
E.
Submission of a completed plan. The conditional use application materials
including the completed site plan, and required fees, shall be submitted
to the Zoning Administrator for review.
F.
Plan commission public hearing. After all application materials have
been deemed complete, the application shall be transmitted by the
Zoning Administrator to the Plan Commission and reviewed in accordance
with following public hearing procedures:
(1)
Acceptance for processing. The application shall be placed on the
agenda of the next available scheduled Plan Commission meeting.
(2)
Notification. The Village Clerk shall schedule a public hearing before
the Plan Commission to be held within 45 days after acceptance of
a complete application as determined by the Zoning Administrator.
Notice of the time, place, and purpose of such hearing shall be given
by publication as a Class 2 Notice in conformance with the requirements
of Wis. Stats. Ch. 985. The Village Clerk shall also send said notice
to the applicant, owners of record of all lands within 300 feet of
the boundaries of the subject property, and the Clerk of any municipality
whose boundaries are within 1,000 feet of any portion of the jurisdiction
of this chapter at least 10 days prior to the date of such public
hearing. Failure to mail said notice or failure to meet the time requirements
herein, provided it is unintentional, shall not invalidate proceedings
under this section.
G.
Plan commission and Village Board consideration and review. Within
60 days after the public hearing, or an extension of said period requested
in writing or electronic format by the applicant and granted by the
Plan Commission, the Plan Commission shall make a recommendation and
the Village Board shall take final action on the conditional use permit
request. The Plan Commission recommendation and Village Board approval
may approve be the conditional use as originally proposed, may approve
the proposed conditional use with conditions or modifications, or
may deny approval of the proposed conditional use and include reasons
for denial.
H.
Criteria for approval. Each requested conditional use permit shall
meet the following criteria to be approved. For purposes of this chapter,
"substantial evidence" means facts and information, other than merely
personal preferences or speculation, directly pertaining to the requirements
and conditions an applicant must meet to obtain a conditional use
permit and that reasonable persons would accept in support of a conclusion.
(1)
Is the proposed conditional use in harmony with the Comprehensive
Plan, this chapter, and any other plan, program, or ordinance adopted
by the Village?
(2)
Does the proposed conditional use, in its proposed location and as
depicted on the required site plan, result in a substantial or undue
adverse impact on nearby property, the character of the neighborhood,
environmental factors, traffic factors, parking, public improvements,
public property or rights-of-way, or other matters affecting the public
health, safety, or general welfare, either as they now exist or as
they may in the future be developed as a result of the implementation
of the provisions of this chapter, the Comprehensive Plan, or any
other plan, program, map, or ordinance adopted by the Village?
(3)
Does the proposed conditional use maintain the desired consistency
of land uses, land use intensities, and land use impacts as related
to the environs of the subject property?
(4)
Is the proposed conditional use located in an area that will be adequately
served by, and will not impose an undue burden on, any of the improvements,
facilities, utilities, or services provided by public agencies serving
the subject property?
(5)
Do the potential public benefits of the proposed conditional use
outweigh potential adverse impacts of the proposed conditional use,
after taking into consideration the applicant's proposal and
any requirements recommended by the applicant to ameliorate such impacts?
I.
Conditions and guarantees. The Village Board shall stipulate such
conditions and restrictions upon the establishment, location, construction,
maintenance, sureties, deed restriction and operation of the conditional
use as is deemed necessary for the protection of the public interest
and to secure compliance with the standards and requirements specified
above. In all cases in which conditional uses are granted, the Village
Board shall require such evidence and guarantees as it may deem necessary
as proof that the conditions stipulated in connection therewith are
being and will be complied with. The requirements and conditions imposed
must be reasonable and, to the extent practicable, measurable and
may include conditions such as the permit's duration, transfer,
or renewal. The applicant must demonstrate that the application and
all requirements and conditions established by the Village relating
to the conditional use are or shall be satisfied, both of which must
be supported by substantial evidence. The Village's decision
to approve or deny the permit must be supported by substantial evidence.
J.
If an applicant for a conditional use permit meets or agrees to meet
all of the requirements and conditions specified in the ordinance
or those imposed by the Village Board, the Village Board shall grant
the conditional use permit. Any condition imposed must be related
to the purpose of the ordinance and be based on substantial evidence.
K.
Issuance and recording of permit. Within 30 days following the granting
of a conditional use permit, the Zoning Administrator shall issue
to the applicant a written conditional use permit enumerating the
details of the conditional use permit, including what land use(s)
and/or development was approved and any conditions of approval. The
Zoning Administrator shall record the conditional use permit against
the property, assigning all costs thereof to the applicant, and shall
make record of the conditional use permit on the Official Zoning Map.
Once granted, a conditional use permit shall remain in effect as long
as the conditions upon which the permit was issued are followed, but
the Village may impose conditions such as the permit's duration,
transfer, or renewal, in addition to any other conditions specified
in this chapter or by the Village Board.
L.
Effect of denial. No conditional use permit application that has
been denied (either wholly or in part) shall be resubmitted for a
period of 12 months from the date of said order of denial, except
on grounds of new evidence or proof of change of factors found valid
by the Plan Commission.
M.
Termination of an approved conditional use. Once a conditional use
permit is granted, no erosion control permit, site plan approval,
certificate of occupancy, zoning permit, or building permit shall
be issued for any development that does not comply with all requirements
of the conditional use permit and this chapter. Any conditional use
found not to be in compliance with the terms of this chapter or the
approved conditional use permit shall be considered in violation of
this chapter and shall be subject to all applicable procedures and
penalties. A conditional use permit may be revoked for such a violation
by the Village Board, following the procedures outlined for original
granting of a conditional use permit.
N.
Time limits on the development of conditional use. The start of construction
of any and all conditional uses shall be initiated within 365 days
of approval of the associated conditional use permit and shall be
operational within 730 days of said approval. Failure to initiate
development within this period shall automatically constitute a revocation
of the conditional use permit. For the purposes of this section, "operational"
shall be defined as occupancy of the conditional use. Prior to such
a revocation, the applicant may request an extension of this period.
Said request shall require formal approval by the Village Board upon
recommendation by the Plan Commission and shall be based upon a showing
of acceptable justification.
O.
Discontinuing an approved conditional use. Any and all conditional
uses that have been discontinued for a period exceeding 365 days shall
have their conditional use permit automatically invalidated. The burden
of proof shall be on the property owner to conclusively demonstrate
that the conditional use was operational during this period.
P.
Change of ownership. All requirements of the approved conditional
use permit shall be continued regardless of ownership of the subject
property and shall run with the land, except as otherwise limited
by this chapter or by a specific condition attached to the conditional
use permit. Modification, alteration, or expansion of any conditional
use in violation of the approved conditional use permit, without approval
by the Village Board after recommendation by the Plan Commission shall
be considered a violation of this chapter and shall be grounds for
revocation of said conditional use permit.
A.
Enforcement. It shall be the duty of the Zoning Administrator to
enforce this chapter.
(1)
Report of violations. The police or other Village officials shall
report at once to the Zoning Administrator any activities which are
being carried on without a permit as required by this chapter.
B.
No person shall erect, construct, place or structurally alter any
building or structure or establish or change any use of land, premises,
building or structure in violation of the provisions of this chapter.
No person shall fail to comply with any standard of this chapter or
with any condition or qualification placed upon the issuance of a
permit or approval of variance granted, in due course, under this
chapter. All violations of this chapter are declared public nuisances.
C.
In case of any violation, the Village may institute appropriate action
or proceeding to enjoin a violation of this chapter, including seeking
abatement, removal, forfeiture, penalty, citation, or some combination,
as outlined in this section. Adoption of this section does not preclude
the Village Board from adopting any other ordinance or providing for
the enforcement of any other law or ordinance relating to the same
or other matter.
D.
Penalties. Any person, firm, or corporation who fails to comply with
the provisions of this chapter or action taken under this chapter
shall forfeit not less than $50 nor more than $500 for each offense,
plus any applicable costs of prosecution, assessments, and court costs
for each violation, and in default of payment of such forfeiture and
costs shall be imprisoned in the County Jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense.
(1)
Alternatively and/or additionally, the Village of Tigerton has adopted,
pursuant to Wis. Stats § 66.0113, the citation system of
enforcement of this chapter.
E.
Cost of abatement. In addition to any other penalty imposed by this
section for a violation of the provisions of this chapter, the cost
of abating a violation of this chapter shall be collected as a debt
from the owner of the property on which said violation has occurred.
An account of the expenses incurred by the Village to abate the violation
shall be kept and such expenses shall be charged to and paid by the
property owner. Notice of the bill for abatement of the violation
shall be mailed to the last known address of said property owner by
registered mail, and shall be payable within 30 calendar days from
the date of mailing thereof. Within 60 days after such costs and expenses
are incurred and remain unpaid, the Village Clerk shall enter such
charges onto the tax roll as a special tax or charge as allowed and
provided by Wisconsin Statutes.
A.
Payment of fees for procedures. The fees for the procedures and permits
established by this chapter are established per a fee schedule approved
by the Village Board, as amended from time to time, or under other
chapters of this code.
B.
Fees for procedures requested by the Village. There shall be no fee
in the case of applications filed in the public interest by the Village
Board, Plan Commission, Zoning Administrator, or other agency, official,
or designee of the Village.
C.
Payment of fees. 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.
Reimbursable costs. The Zoning Administrator, Village Attorney, Building
Inspector, and other Village staff and consultants may expend time
in the investigation and processing of procedures regulated by this
chapter. The Village may also retain the services of other professional
consultants including but not limited to planners, engineers, architects,
environmental specialists, and recreation specialists in the administration,
investigation, and processing of such matters. Any person, firm, or
corporation requesting action by the Village on matters under this
chapter may be required to 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.
E.
Double fee. Any building or structure erected, constructed, placed,
moved or structurally altered or for any development or use of land,
premises, building, or structure without obtaining all permits and
approvals prior to commencing the above stated activities shall result
in a double fee.
