Bellevue Village City Zoning Code
PART 500
200 Administration and Enforcement
§ 500-201 Organization.
The administration of this chapter is hereby defined as follows:
§ 500-202 Establishment of the Village Plan Commission.
The Village Plan Commission is established to promote and administer all planning functions required by Wisconsin State Statute, Wis. Stats. 62.23.
A.
Composition. The Plan Commission shall consist of seven members. The membership shall include the Village President, who shall serve as Chairman of the Plan Commission, and six citizen members who shall be persons of recognized experience and qualifications.
B.
The Village President shall serve on the Plan Commission only during his tenure in that office, and his term on the Plan Commission shall be the same as his term of office as Village President.
C.
Citizen members shall serve a term of three years, with two Commissioners being appointed in each calendar year so that 1/3 of the membership of the Plan Commission is subject to appointment/reappointment each year. Commissioners shall be appointed by the Village President and confirmed by the Village Board.
D.
Authority. The Village Plan Commission shall, subject to the usual contractual and employment practices of the Village, have the power and authority to employ experts and staff, pay for their services, and pay such other expenses as may be necessary and proper from the appropriation made for such Commission by the Village Board or from other monies placed at its disposal by gift, grant, or otherwise. The Village Board may, however, adopt rules for the expenditures of such funds.
E.
Removal. The members of the Commission shall be removable by the Village President for cause upon written charges and after a public hearing.
F.
Vacancy. Should any vacancy occur among the members by reason of death, resignation, disability, removal, or otherwise, immediate notice thereof shall be given to the Village President and Village Board, and the Board shall appoint a replacement. Should any vacancy occur among the officers, the vacant office shall be filled in accordance with the Plan Commission rules, such officer to serve the unexpired term of the office in which such vacancy shall occur.
G.
Officers. The Plan Commission shall elect a vice-chair from among its members. The Community Development Director or his/her designee shall serve as the secretary of the Village Plan Commission, and the Village Planning staff shall act as the agent of the Plan Commission in carrying out its duties.
H.
Functions of the Plan Commission. The Village Planning Department is responsible for administering all planning functions required by state statute. The Plan Commission is authorized to perform the following functions:
(1)
Rules and public record. The Plan Commission shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings, and recommendations.
(2)
Comprehensive plan and official controls. The Plan Commission shall cooperate with the Community Development Director or his/her designee and other Planning Department staff in preparing and recommending to the Village Board for adoption or amendment comprehensive plans and recommendations for plan implementation in the form of official controls and other measures.
(3)
Administration of chapter. The Plan Commission shall provide assistance to the Village Board and Planning Department staff in the administration of this chapter.
(4)
Rezoning, conditional use permits. The Plan Commission shall review, hold hearings, and make recommendations to the Village Board on all applications for zoning amendments and conditional use permits using the criteria established in this chapter.
(5)
Official Map and other regulations. The Plan Commission shall prepare and recommend the following documents to the Village Board:
§ 500-203 Request for Village action.
Those wishing to obtain approval through the Bellevue Plan Commission shall first complete a "request for Village action" and a detailed letter of intent. Such actions include, but are not limited to, rezoning of property, conditional uses and amendments, Planned Development Districts (PDD) and amendments, Village and extraterritorial subdivision of land, Village and extraterritorial subdivision variances, development district map amendments, Official Map amendments, plats of right-of-way, discontinuance of public easement, street name changes, vacation of a street/alley/pedestrian walkway, and/or others as applicable. The application for Village action is available in the office of the Planning Department. Such application and letter of intent shall be completed in full and submitted with the appropriate fee to the Community Development Director or his/her designee for placement on an available Plan Commission Meeting.
§ 500-204 Zoning amendments.
The Village Board may, by ordinance, change or supplement the regulations established by this chapter or amendments to this chapter.
A.
Initiation.
(1)
Proposed text amendments may be initiated by the Village Board, Village Plan Commission, property owner, or resident of the Village.
(2)
Proposed map amendments may be initiated by the Village Board, Village Plan Commission, or the owner or owner's designated agent of the particular property to be rezoned.
B.
Amendments.
(1)
Application by property owner or resident. A property owner or resident wishing to amend the text of this chapter shall meet with Planning Department staff to discuss the proposed amendment and may then file an application form with the Community Development Director or his/her designee accompanied by a nonrefundable application fee as may be established by the Board from time to time by resolution to cover costs of public notice and administrative review.
(2)
A neighborhood meeting may be required by staff as part of a zoning amendment. The coordination and costs of such meeting shall be the responsibility of the petitioner.
(3)
Action by Plan Commission. After review and consideration of the amendment, the Plan Commission shall forward its recommendations to the Village Board.
(4)
Public hearing. The Village Board shall hold a public hearing with a Class 2 public notice. The notice shall be published at least two times prior to the hearing. In case of a protest against such change, duly signed and acknowledged either by:
(a)
The owners of 20% or more of the land included in such proposed change;
(b)
The owners of 20% or more of the land immediately adjacent and extending 100 feet therefrom; or
(c)
The 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 unless approved by a 3/4 vote of the members of the Village Board.
(5)
Action by Village Board. Board action to approve the amendment shall be done by ordinance.
(6)
Reapplication time period. The Plan Commission will not consider any application of a property owner or owner's designated agent for a Zoning Map amendment within a one-year period following a denial of the same request by the Village Board, except that the Plan Commission may permit a new application if the request is significantly altered or at the discretion of the Community Development Director or his/her designee for a different zoning district or for amended property boundaries.
§ 500-205 Conditional uses.
A.
Definition. There are certain uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such conditional uses fall into two categories:
B.
Initiation.
(1)
Proposed conditional use permits may be initiated by the Village Board, Village Plan Commission, or the owner or owner's designated agent of the particular property requesting the conditional use permit.
C.
Conditional use permit.
(1)
Application by property owner or resident. A property owner or resident wishing to receive a conditional use permit shall meet with Planning Department staff to discuss the proposed CUP and may then file an application form with the Planning Department accompanied by a nonrefundable application fee as may be established by the Board from time to time by resolution to cover costs of public notice and administrative review.
(2)
A neighborhood meeting may be required by staff as part of a conditional use. The coordination and costs of such meeting shall be the responsibility of the petitioner.
(3)
Action by Plan Commission. After review and consideration of the CUP request, the Plan Commission shall forward its recommendations to the Village Board.
(4)
Public hearing. The Village Board shall hold a public hearing with public notice.
(5)
Action by Village Board. Board action to approve the CUP shall be done by resolution.
(6)
Reapplication time period. The Plan Commission will not consider any application of a property owner or owner's designated agent for a conditional use permit within a one-year period following a denial of the same request by the Village Board, except that the Plan Commission may permit a new application if the request is significantly altered or at the discretion of the Community Development Director or his/her designee for a different use or for amended property boundaries.
D.
Findings and recommendations. For each requested conditional use, the Plan Commission shall report to the Board its findings and recommendations, including the stipulations of additional conditions and guarantees that each condition will be complied with when they are deemed necessary for the protection of public interest.
(1)
In case of a protest against the CUP, duly signed and acknowledged either by:
(a)
The owners of 20% or more of the land included in such proposed CUP;
(b)
The owners of 20% or more of the land immediately adjacent and extending 100 feet therefrom; or
(c)
The owners of 20% or more of the land directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such CUP shall not become effective unless approved by a 3/4 vote of the members of the Board.
E.
Standards. Conditional use approval may be recommended by the Plan Commission with reasonable consideration of the following:
(1)
The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.
(2)
The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(3)
The conditional use, its exterior architectural design, and functional plan of any proposed structure will not be injurious to the use of other property in the immediate vicinity nor substantially diminish or impair property values within the surrounding neighborhood.
(4)
Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
(5)
Adequate measures have been or will be taken to provide ingress and egress and so designed as to minimize traffic congestion.
(7)
The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located and all other applicable Village ordinances.
F.
Conditions and guarantees. Prior to the granting of any conditional use, the Plan Commission may recommend such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the use as deemed necessary to protect the public interest and comply with the standards in Subsection E above. In all cases in which conditional uses are granted, the Board may require such evidence and guarantees as it determines are necessary as proof that the stipulated conditions are being complied with.
G.
Expiration of conditional use approval. If construction has not begun or if the conditional use has not been established within 12 months of the approval date, the conditional use shall expire. Furthermore, if the use ceases to exist or ceases to be conducted for a period of 12 consecutive months, conditional use approval shall expire.
§ 500-206 Zoning Administrator.
The Zoning Administrator is responsible for interpreting and administering this chapter. The Zoning Administrator or designee shall:
A.
Issue all zoning certificates and maintain records thereof.
B.
Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of all federal, state, and local codes.
C.
Maintain permanent and current records, including, but not limited to, all maps, including floodplain maps and all water surface profiles, amendments, conditional uses, variances, appeals, and applications.
D.
Provide and maintain public records relative to all matters arising out of this chapter.
E.
Receive, file, and forward to the Zoning Board of Appeals all completed applications for appeals, variances, or other matters on which the Zoning Board of Appeals is required to act under this chapter.
F.
Initiate, direct, and review, from time to time, a study of the provisions of this chapter and make recommendations to the Plan Commission.
G.
Submit copies of applications for amendments, variances, and appeals to the floodplain regulations and floodplain maps to the appropriate District Office of the Wisconsin Department of Natural Resources, the Federal Insurance Administration, and the Federal Insurance and Hazard Mitigation Office.
H.
Submit copies of any adopted amendments and any decisions by the Zoning Board of Appeals on appeals and variances to the floodplain regulations and floodplain maps, any case-by-case analyses of proposals in floodplain areas, and an annual summary report of the number and types of zoning actions taken to the appropriate District Office of the Wisconsin Department of Natural Resources.
I.
The Zoning Administrator shall enforce this chapter pursuant to § 62.23(7)(e), Wis. Stats., where necessary to protect the health, safety, and welfare of the community.
J.
The Zoning Administrator shall determine the validity of uses, conditional uses, and dimensional considerations when it is unclear of the status of a subject property.
§ 500-207 Certificate of zoning.
It shall be unlawful to occupy or use any building, structure, or premises unless a certificate of zoning has been issued by the Zoning Administrator. A certificate of zoning shall not be issued unless the use of the building or premises is in compliance with all applicable provisions of this chapter. A certificate of zoning should be invalid if the use is not completed within one year of its issuance, change in zoning, or change in use.
§ 500-208 Certification of home-based occupations.
Those home-based occupations allowed by ordinance or authorized by conditional-use permit shall be required to obtain a home-based occupation certificate from the Village, subject to payment of a filing fee as established by Village Board resolution. Home-based occupation certificates are not transferable. Home-based occupation regulations are located in Part 500-400, General provisions.
§ 500-209 Establishment of Zoning Board of Appeals.
The Zoning Board of Appeals is established for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.
A.
Composition. The Zoning Board of Appeals shall consist of five members appointed by the Village President and subject to confirmation by the Village Board for terms of three years.
B.
Removal. The members of the board shall be removable by the Village President for cause upon written charges and after public hearing.
C.
Alternate members. The Village President shall appoint two alternate members in addition to the five regular members for one-year terms. The Village President shall annually designate one of the alternates as the first alternate member and the other as the second alternate member. The first alternate member shall act only when a regular member is absent or abstains. The second alternate member may act only when the first alternate is unable to act or is already sitting or acting.
D.
Vacancy. Should any vacancy occur among the members by reason of death, resignation, disability, removal, or otherwise, immediate notice thereof shall be given to the Village President and Village Board, and the Board shall appoint a replacement. Should any vacancy occur among the officers, the vacant office shall be filled in accordance with the Zoning Board of Appeals rules, such officer to serve the unexpired term of the office in which such vacancy shall occur.
E.
Officers. The Zoning Board of Appeals members shall elect a chairperson from among its members. The Zoning Administrator or his/her designee shall serve as the secretary of the Zoning Board of Appeals, and the Village Planning staff shall act as the agent of the Zoning Board of Appeals in carrying out its duties.
F.
Organization. The Zoning Board of Appeals shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this chapter.
(1)
Meetings shall be held at the call of the chairperson and shall be open to the public.
(2)
Minutes of the proceedings and a record of all actions shall be kept by the Board showing the vote of each member upon each question, the reasons for the Board's determination, and its finding of facts. These records shall be immediately filed in the office of the Board and shall be a public record.
(3)
The concurring vote of four members of the Board shall be necessary to correct an error, grant a variance, or make an interpretation.
§ 500-210 Jurisdiction of Zoning Board of Appeals.
The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:
A.
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator or his/her designee in the enforcement of this chapter.
B.
Variances. To hear and act upon applications for specific variances from the terms provided in this chapter.
C.
Other matters. To hear and act upon all other matters referred to it upon which it is required to act under this chapter.
D.
Assistance. The Board may request assistance from other Village officers, departments, commissions, and boards.
E.
Oaths. The chairperson, or in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses.
§ 500-211 Appeals.
Appeals to the Zoning Board of Appeals may, upon formal application, be taken by any person aggrieved by or affected by a decision of the Zoning Administrator or any other administrative official charged with administering and enforcing this chapter. Such appeals shall be governed by the following provisions:
A.
Procedure.
(1)
A petition shall be filed with the Zoning Administrator and transmitted to the Zoning Board of Appeals. An appeal shall stay all legal proceedings of the action appealed unless a stay would cause imminent peril to life or property.
(2)
The officer whose action is appealed shall submit a written report to the Board that describes the reasons for the action and send a representative to the appeal hearing to comment.
(3)
The Board shall establish a reasonable time for the hearing of the appeal and give public notice thereof. The Board shall render a decision on the appeal within a reasonable time.
(4)
The Board may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, or determination as appropriate.
§ 500-212 Variances.
The Zoning Board of Appeals may, upon denial of a site plan as required in Part 500-1500 and submission of a formal application, grant a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship on the applicant.
A.
Procedure. An application for a variance shall be filed with the Zoning Administrator and transmitted to the Zoning Board of Appeals. Prior to making a determination with respect to a variance request, the Board shall hold a public hearing and provide, by mail, written notice to the petitioner and to owners of property immediately surrounding the property in question, exclusive of streets and alleys.
B.
Findings. No variance shall be granted by the Board unless it finds that the following facts and conditions exist and so indicates in the minutes of its proceedings.
(1)
Preservation of intent. A variance would not be inconsistent with the spirit, purpose, and intent of the regulations for the district in which it is requested.
(2)
Exceptional circumstances. Exceptional, extraordinary, or unusual circumstances or conditions apply to the lot or intended use that do not apply generally to other properties or uses in the same district, and the variance is not of so general or recurrent a nature to suggest that this chapter should be changed.
(3)
Preservation of property rights. The variance is necessary for the preservation and enjoyment of the same substantial property rights which are possessed by other properties in the same district and vicinity.
(4)
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the spirit, purpose, and intent of this chapter or the public interest.
(5)
Hardship. The alleged difficulty in complying with the municipal code is not self-imposed nor is it based solely on economic grounds.
§ 500-213 Finality of decisions of Zoning Board of Appeals.
All decisions and findings of the Zoning Board of Appeals, on appeal or upon application for a variance after a hearing, shall in all instances be final administrative determinations and shall be subject to review by court as may be provided by law.
§ 500-214 Fees.
A schedule of fees shall be established and may be amended from time to time by the Village Board for all permits, appeals, or other applications filed under the terms of this chapter.
§ 500-215 Violations.
It shall be unlawful to use or improve any structure, land, or water in violation of any of the provisions of this chapter. In case of any violation, the Village Board, the Community Development Director, the Zoning Administrator or his/her designee, the 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.
A.
Remedial action. Whenever an order of the Community Development Director, Zoning Administrator or his/her designee has not been complied with or where written agreements for compliance have not been made by the property owner within 15 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Village Board, the Community Development Director, the Zoning Administrator, or the Village Attorney shall initiate appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.
B.
Enforcement by injunction. Compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the Village or one or more owners of real estate situated within an area affected by the regulations of this chapter.
C.
Declared nuisances. Any building erected, structurally altered, or placed on a lot or any use carried on in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the Village may apply to any court of competent jurisdiction to restrain or abate such nuisance.
§ 500-216 Penalties.
Any person who violates any provision of this chapter shall be subject to a penalty as provided in § 1-4 of the Bellevue Municipal Code. Each day a violation exists or continues shall constitute a separate violation.