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Bayside Village City Zoning Code

ARTICLE II

Administration and Enforcement

§ 125-31 Enforcement.

[Code 1967, § 22.14; Code 1997, § 106-36; Ord. No. 06-553, 11-2-2006]
(a) 
It shall be among the duties of the building inspector to see that the requirements of this chapter are met and the provisions thereof enforced insofar as lies within his or her power under the laws of the state and the ordinances of the village. Appeals from the decisions of the building inspector involving this chapter shall be taken to the board of appeals as provided for in Wis. Stats. § 62.23(7)(e) and acts supplementary thereto.
(b) 
A copy of the complete plans and specifications for the erection or alteration of any building within the village, including sewage disposal and water system, with all information necessary for the completion of the work, together with a statement of ownership and a map of the property showing the exact location of all existing and proposed buildings and systems shall be filed with the building inspector; but no such work shall be commenced by any person without first receiving a permit from the building inspector, who shall issue or refuse such permit in writing, within ten days after proper application therefor.
(c) 
No building now or hereafter erected or altered and no premises shall be occupied, used, or changed (which shall include any change of use, type of business, name, controlling ownership, or of the persons or organizations using or occupying all or any part of the premises) until a certificate of occupancy and compliance shall have been issued by the building inspector stating that the building or proposed use of the building or premises complies with the provisions of the laws of the state and the ordinances of the village with respect to health, building and zoning regulations. This subsection shall not apply to buildings or premises legally used for single-, two-family or multifamily residential occupancy except in cases of new construction or renovation to cure a state of uninhabitability in the building or premises. The penalty provisions of this chapter shall apply to both the owner of any building or premises and any occupant of any building or premises in violation of this chapter.
(d) 
Nothing in subsections (a) through (c) of this section shall be construed to prohibit any officer of the village with the powers of a police officer from instituting proper proceedings for the restraint of violation of this chapter, or the apprehension and punishment of a person violating any of the provisions of this chapter in the manner provided by law. Furthermore, the proper authorities of any adjacent or neighboring property owner who shall be specially damaged by violation of this chapter may, in addition to other remedies, institute an action or other proceeding pursuant to the provisions of Wis. Stats. § 62.23(7)(f).
(e) 
Each day during which a violation of this chapter exists, regardless of whether the violation occurred by reason of an act of commission or a mere failure to act or an act of omission, shall be deemed a separate and distinct offense.

§ 125-32 Violation and penalties.

[Code 1967, § 22.15; Code 1997, § 106-37; Ord. No. 06-553, 11-2-2006]
(a) 
Any person violating, disobeying, omitting, neglecting or refusing to comply with or resisting the enforcement of any of the provisions of this chapter shall be guilty of violation of this chapter and upon conviction thereof shall be punished as provided in section 1-13 and subject to such forfeiture amount for each day of violation as set by the village board from time to time.
(b) 
If any person shall sell, transfer or otherwise dispose of any portion of a lot subsequent to the application for and during the life of a building permit for the erection of a building upon the lot, issued pursuant to an application for such permit, or after the erection of a building, whereby the area of the lot is reduced below the minimum requirement of this chapter, such person shall be guilty of a violation of this chapter and subject to the penalty therefor hereinabove provided.
(c) 
No person purchasing land within the village whereby the transfer violates this chapter as specified in subsection (b) of this section, may include the area of the land so purchased as a portion of his or her lot for the purpose of computing the area thereof on application for a building permit, except insofar as the land so purchased was in excess of the amount required by the transferor at the time of the transfer in order that the transferor's lot might comply with the minimum requirements of this chapter applicable thereto.

§ 125-33 Appeals fees.

[Code 1967, § 22.18; Code 1997, § 106-38]
The village board, pursuant to the provisions of Wis. Stats. § 62.23(7)(ea), hereby fixes the appeal fee for an appeal to the board of appeals of the village in such amount as established by the village board from time to time by ordinance or resolution. Such sum shall be paid to the village treasurer as a condition precedent to taking an appeal to the board of appeals when authorized under the provisions of Wis. Stats. § 62.23(7)(ea).

§ 125-34 Reimbursement of village's professional fees and expenses by applicants, petitioners, and requestors for approval.

[Ord. No. 20-711,[1] 4-16-2020]
(a) 
The applicant, petitioner, or requestor for any license, permit, approval, zoning change, variance, special exception in the zoning code, creation of a tax increment district, or otherwise as identified in the Municipal Code or a written contract as being subject to this section, or the lessee or purchaser of village property, may be required to reimburse the village for its reasonable professional fees and expenses (including, but not limited to, legal, engineering, planning, accounting, and financial consultant fees and expenses) incurred from nonemployee vendors in processing the application, petition or request. The village manager shall impose the requirement for reimbursement of the village's professional fees and expenses, in part or in full based on a review of the following factors:
(1) 
Financial burden to the applicant;
(2) 
The extent to which fees and costs incurred are a direct and proximate result of the application, petition or request or the actions of the applicant, petitioner or requestor;
(3) 
The cost of the village's professional fees and expenses relative to the value of the permit, license, approval, rezoning, lease, variance or special exception or the subject matter thereof;
(4) 
The impact on village finances; and
(5) 
Any prior agreements with the petitioner, applicant or requestor.
(b) 
The village manager shall determine what fees and expenses shall be reimbursed. Applicants, petitioners, and requestors for licenses, permits, zoning changes, leases, variances and special exceptions and tax incremental districts shall be provided a copy of the ordinance from which this section is derived prior to the village incurring reimbursable fees and expenses.
(c) 
The village manager may require a deposit, bond, or other financial assurance before a final decision on the application, petition or request, in an amount sufficient to cover the village's reasonable anticipated professional fees and expenses subject to this section.
(d) 
Unpaid professional fees and expenses due under this section may be placed on the property tax bill for the property in question pursuant to Wis. Stats. § 66.0627, or may be collected by legal action in a court of competent jurisdiction.
[1]
Editor’s Note: Ordinance No. 20-711 also repealed former § 125-34, which derived from Code 1997, § 106-39, as amended by Ord. Nos. 06-548 and 17-683.

§ 125-57 Board of appeals.

[Code 1967, § 22.17; Code 1997, § 106-161; Ord. No. 97-391, 6-5-1997; Ord. No. 01-484, 8-1-2001; Ord. No. 16-666, 5-19-2016; Ord. No. 20-720, 11-19-2020]
(a) 
The village president, pursuant to Wis. Stats. § 62.23(7)(e) shall, subject to confirmation by the village board, appoint a board of appeals consisting of five members.
(b) 
The board of appeals shall have all the powers and authority invested in such board by Wis. Stats. § 62.23(7)(e) and all acts amendatory thereof and supplementary thereto.
(c) 
The board of appeals may adopt such rules or regulations with respect to the time of its meetings and the procedure at its meetings as it may deem appropriate and shall, subject to the state statutes applicable thereto, specify the procedure subject to which appeals shall be taken to it, and be heard and disposed of by it. All rules or regulations adopted by the board of appeals shall be reduced to written form, and the original thereof identified by signature of the chairperson of the board, and shall be filed in the office of the village clerk.
(d) 
In addition to any other party seeking a variance or otherwise appealing to the board of appeals, all notices of appeal filed with the board of appeals shall be signed by the fee owner or land contract purchaser of record of the property affected by the decision being appealed from. This provision shall not apply if the appeal is filed by the village board, any of its committees, officers or employees or an owner of property adjoining the property affected. Unless the board of appeals adopts a formal rule stating otherwise, variances shall require the affirmative vote of at least four members of the board of appeals. All other board of appeals actions shall require a majority vote.
(e) 
Special exceptions.
(1) 
The board of appeals, pursuant to Wis. Stats. § 62.23(7)(e) and after appropriate notice and hearing, may, with regard to any requirement imposed by the zoning code, or any other section of this Code which specifically allows for special exceptions, recommend a special exception to the village board for approval (with the exception of special exceptions to chapter 104, which may be issued by the board of appeals by majority vote without public hearing or referral to the village board). Notice of the application for a special exception shall be provided to all property owners adjoining or abutting the property proposed for a special exception.
(2) 
The applicant shall have the burden of proof to present evidence sufficient to support the findings required under subsection (e)(3) of this section.
(3) 
Pursuant to subsection (e)(1) of this section, a special exception may be granted only upon a finding, by a majority vote of the board of appeals that:
a. 
Compliance with the requirement will:
1. 
Be unreasonably burdensome to the applicant; or
2. 
Unreasonably and negatively impact upon the applicant's use of the property.
b. 
The special exception, including any conditions imposed under subsection (e)(4) of this section, will:
1. 
Be consistent with the existing character of the neighborhood;
2. 
Not effectively undermine the ability to apply or enforce the requirement with respect to other property; and
3. 
Be in harmony with the general purpose and intent of the ordinance prescribing the requirement.
(4) 
Appeals.
a. 
In making its determinations under subsection (e)(2) of this section, the board of appeals may consider factors such as: characteristics of the real property, including, but not limited to, relative placement of improvements thereon with respect to property boundaries or otherwise applicable setbacks; existing and future use of property; useful life of improvements at issue; disability of an occupant; aesthetics; degree of noncompliance with the requirement of applicant's proposal; proximity to, and character of, surrounding properties; zoning of the area in which property is located; zoning of neighboring areas; and the purpose and intent of the zoning code subsection imposing the requirement.
b. 
Denials of special exceptions shall not be appealable to the village board.