Belgium Village City Zoning Code
ARTICLE XIV
Administration
§ 270-112 Plan Commission. [1]
The Village Plan Commission shall have the duties of making reports and recommendations relating to the plan and development of the Village to public officials, agencies, public utility companies, civic, educational, professional, and other organizations, and citizens. The Plan Commission, its members and employees, 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 function and promote municipal planning.
§ 270-113 Building Inspector.
The Village Building Inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Building Inspector shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Building Inspector shall further:
A.
Maintain records of all permits issued, inspections made, work approved, and other official actions.
B.
Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered or improved in the floodland districts.
C.
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
D.
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.
E.
Assist the Village Attorney in the prosecution of ordinance violations.
F.
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
G.
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
H.
Request assistance and cooperation from the Village Marshal and Village Attorney as deemed necessary.
I.
Attend meetings of the Village Plan Commission and the Village Zoning Board of Appeals when requested.
§ 270-114 Site plans.
[Amended 11-12-2007 by Ord. No. 30-07]
A.
Purpose. To promote compatible development and stability of property values, prevent impairment or depreciation of property values, and foster the attractiveness and functional utility of the community as a place to live and work, every builder of any building hereafter erected or structurally altered in any zoning district shall, before a building permit is issued, present detailed plans and specifications of the proposed structure and site to the Village Plan Commission. The Plan Commission shall review and approve said plans in accordance with the principles and standards set forth in Subsection C hereof.
B.
Application for site plan review. Three copies of all site plan data shall be submitted to the Village Clerk at least 10 days prior to the Plan Commission meeting at which the site plan is to be considered. The Village Clerk shall transmit all applications and accompanying plans to appropriate Village staff and the Plan Commission for review. Site plan data to be submitted with all site plan review applications shall include the following:
(1)
Site plans drawn to a recognized engineering or architectural scale with the name of project noted.
(2)
Two colored renderings of the site and landscaping plans.
(3)
Owner's and/or developer's name, office and mobile telephone numbers, and address noted.
(4)
Architect's and/or engineer's name, office and mobile telephone numbers, and address noted.
(5)
Date of plan submittal.
(6)
Scale of drawing, site size (area in square feet or acres), and building area and coverage noted on plan.
(7)
Existing and proposed topography shown at a contour interval of not less than two feet at National Geodetic Vertical Datum, indicating proposed grade on a grading plan and location of improvements. Also, existing topography shown on all abutting properties to indicate no stormwater diversion to abutting properties.
(8)
The characteristics of soils related to contemplated specific uses.
(9)
All building and yard setback lines indicated.
(10)
Where applicable, both the one-hundred-year recurrence interval floodplain and the floodway indicated.
(11)
All drives, curb cuts, and both ingress and egress locations indicated.
(12)
The proposed location of all signage to be placed on the site.
(13)
The location and type of all outdoor lighting proposed to illuminate the site.
(14)
Total number of parking spaces identified with dimensions.
(15)
The type, construction materials, size, and location of all structures, with all building dimensions shown.
(16)
Indicate height of buildings.
(17)
Existing and proposed street names indicated.
(18)
Indicate existing and proposed public street rights-of-way and/or reservations and widths.
(19)
Indicate and locate all easements on the subject property.
(20)
North arrow shown.
(21)
Locate existing and general location of proposed sanitary sewers, storm sewers, water mains and fire hydrants (existing and proposed) and proposed electrical service easements. In addition, all locations for the proposed connections to such utilities should be indicated on the site plan.
(22)
Locate any proposed stormwater management facilities, including detention/retention areas.
(23)
Note location, extent, and type of proposed landscaping and landscape plantings, as well as any proposed buffer areas for adjoining properties.
(24)
Note location of pedestrian sidewalks and walkways.
(25)
A graphic outline of any development staging which is planned.
(26)
If the development abuts an existing or planned arterial street or highway, as identified on the Village's comprehensive plan or component thereof, all driveway locations of all adjoining property within 200 feet of the subject property shall be indicated on the site plan.
(27)
Written project summary, including operational information, building schedule, and estimate of property value, including all site improvement costs.
(28)
Other data which may be required by either the Village staff or Village Plan Commission to review the site plan.
C.
Site plan review principles and standards. To implement the purposes set forth in Subsection A hereof, the Village Plan Commission shall review the site, existing and proposed structures, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading (in the case of commercial and manufacturing uses), highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation. The Plan Commission will approve said site plans only after determining that:
(1)
The proposed use(s) conform(s) to the uses permitted in that zoning district.
(2)
The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of this chapter.
(3)
The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for the specified uses.
(4)
There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic.
(5)
The proposed on-site buildings, structures, and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress, interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking, as specified by this chapter or any other codes or laws.
(6)
Natural features of the landscape are retained where they can enhance the development on the site or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood.
(7)
Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by appropriate screening, fencing, or landscaping, as provided or required in this chapter.
(8)
Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.
(9)
The site plan is consistent with the intent and purpose of this chapter, which is to promote the public health, safety, and general welfare; to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards of life and property; and to facilitate existing community development plans.
(10)
The site plan is consistent with the public goals, objectives, principles, standards, policies, and design criteria set forth in the Village's adopted Comprehensive Plan or components thereof.
(11)
The site plan has been approved in wilting by the Village Engineer.
§ 270-115 Building permit required.
[Amended 10-7-1996 by Ord. No. 33-96]
No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, reroofed, resided or structurally altered until after the owner or his agent has secured a building permit from the Building Inspector. Applications for a building permit shall be made in duplicate to the Building Inspector and shall include the following where applicable:
A.
Applications for a building permit shall be made in duplicate to the Building Inspector on forms furnished by the Building Inspector and shall include the following where applicable:
(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 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 approved by the Building Inspector showing 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; off-street parking, loading areas, and driveways; existing highway access restrictions; and existing and proposed street, side, and rear yards.
(4)
Additional information as may be required by the Village Plan Commission or Building Inspector.
B.
A building permit shall be granted or denied in writing by the Building Inspector within 30 days of application, and the applicant shall post such permit in a conspicuous place at the site. 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, and the applicant shall reapply for a building permit before commencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 270-116 Occupancy permit required.
[Amended 6-6-1994 by Ord. No. 21-94; 9-12-2011 by Ord. No. 17-11]
No new building, no existing building which has been remodeled to more than 50% if its assessed value, no existing building which has been relocated, and no building located in a business or manufacturing district and used for business or manufacturing purposes shall be occupied or used by a new owner or new tenant or have its use changed until an occupancy permit has been issued certifying that any such building complies with the provisions of this chapter and all other applicable local, county and state regulations. A like permit shall be obtained before any legal nonconforming use is resumed, changed, extended or granted conditional use status.
A.
Application for an occupancy permit shall be made to the Building Inspector on a form furnished by the Building Inspector and shall include the information specified in § 270-115A. Such application shall include a statement by the applicant as to the intended use of the premises and building thereon.
B.
Inspection. Within 10 days after notification of the completion of erection, alteration or relocation of the building or intent to commence or change a use, the Building Inspector shall make an inspection of the premises and any building thereon and arrange for any other necessary inspections, and if the building and intended use thereof and the proposed use of the premises comply with the requirements of this chapter and all other applicable local, county and state regulations (including connection to municipal sewer service and municipal water service providing a safe and adequate supply of pure water), an occupancy permit shall be issued.
C.
Temporary occupancy permit. Pending the issuance of a regular occupancy permit, the Building Inspector may issue a temporary occupancy permit for a period not exceeding six months. A temporary occupancy permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.
§ 270-117 Fees and costs.
[Amended 3-15-1993 by Ord. No. 7-93; 10-7-1996 by Ord. No. 33-96; 8-10-1998 by Ord. No. 18-98; 1-12-2004 by Ord. No. 3-04; 11-12-2007 by Ord. No. 30-07; 3-8-2010 by Ord. No. 2-10]
All persons performing work which by this chapter requires the issuance of a permit, making an application or petition under this chapter, or requesting a special meeting shall pay a fee to the Village Treasurer to help defray the cost of administration, investigation, advertising, and the processing of permits, applications, petitions and meetings. The fees shall be as set by the Village Board. These fees do not include and are in addition to permit fees established by the Building Code.[1] In addition to any other fees, the Village shall also charge such persons for the actual cost of all professional fees incurred by the Village in investigating, reviewing and processing permits, applications and petitions; for the actual cost of all publication fees incurred by the Village for notices required to be published under this chapter; and for the actual cost of any recording fees and postage or other mailing or shipping fees incurred by the Village in investigating, reviewing and processing permits, applications and petitions.
§ 270-118 Permit for private swimming pool or spa.
[Amended 6-6-1994 by Ord. No. 21-94]
A.
Definition. The term "pool" or "spa" is hereby defined as a receptacle for water, portable or permanent, and two feet or more in height above finished grade or deck surface, whether above or below ground, intended for use by the owner, his friends and invited guests for swimming or bathing.
B.
Permit required. All permanent pools or spas shall require a permit from the Building Inspector prior to construction or installation.
C.
Location. A pool or spa may not be located closer than six feet to any lot line on the property on which the pool is constructed and shall be located in the rear yard only. A pool or spa may not be located under an overhead electrical transmission line and may not be located over an electrical power service lateral, as verified by the Diggers Hotline.
[Amended 6-12-2006 by Ord. No. 17-06]
D.
Fencing requirements.
(1)
In-ground pools or spas shall be completely fenced, before filling, with a fence of at least four feet in height but not more than six feet in height. Access to the pool or spa shall be through a gate or gates in the fence equipped with a lock or self-latching device at the top of the gate or gates. There shall be no more than four inches between the bottom of the fence and the grade of the lot.
(2)
Aboveground pools or spas which have a height of less than 42 inches above grade at the pool or spa side shall be fenced in accordance with Subsection D(1) or covered when not in use by a sturdy and secure pool or spa cover or shall be emptied.
(3)
Pools or spas equipped with a ladder shall have the ladder removed or in a locked-up position when not in use.
E.
Electrical installations.
[Amended 6-12-2006 by Ord. No. 17-06]
(1)
If a pool or spa is equipped with a filter, the filter shall be connected to a permanent ground fault circuit interrupted electrical source and may not be powered by an extension cord.
(2)
All electrical wiring associated with swimming pools or spas shall require an electrical permit.
(3)
Except as otherwise provided herein, all electrical wiring for swimming pools or spas shall comply with the State and National Electrical Code (NEC).
(4)
Lights used to illuminate the pool or spa shall direct light only on the pool or spa.
F.
Plans. The plan filed with the application for a private swimming pool or spa permit shall show the pool or spa in relation to all other buildings on the property, lot lines, and electrical power service laterals. Fences and decks built in conjunction with the pool or spa shall also be shown on the plans.
G.
Equipment. Circulating pumps and filters shall be located and operated so as not to create a nuisance or noise problem. If necessary, the equipment shall be shielded or contained behind a protective barrier.
H.
Nuisance.
(1)
All pools or spas shall be maintained in such a way as not to create a nuisance, hazard, or eyesore or be a detriment to public health, safety, or welfare.
(2)
The drainage of any pool or spa may not be discharged onto adjoining property. The pool or spa may, however, be drained into Village streets or gutters which empty into the Village's storm sewer.
§ 270-119 Other permits.
It is the responsibility of the permit applicant to secure all other necessary permits required by any federal, state, or local agency. This includes, but is not limited to, a water use permit pursuant to Chs. 30 and 31, Wis. Stats., or a woodland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act.
§ 270-120 Double fee.
A double fee may be charged by the Building Inspector if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
§ 270-121 Enforcement.
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, Building Inspector, the Village Plan Commission or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter or cause a structure to be vacated or removed.
§ 270-122 Remedial action.
Whenever an order of the Building Inspector 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, Building Inspector, the Village Plan Commission, or the Village Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.
§ 270-123 Violations and penalties. [1]
Any person, firm, or corporation who or which fails to comply with the provisions of this chapter or any order of the Building Inspector issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000 and costs of prosecution 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.