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Birchwood Village City Zoning Code

ARTICLE XII

ADMINISTRATION

Sec. 28-1010.- General administrative system.

The village zoning administrator is hereby designated as the administrative officer and the village building inspector is hereby designated as the enforcement officer for the provisions of this article. The duty of the zoning administrator shall be to interpret and administer this article. The duty of the building inspector shall be to issue, after on-site inspection, all permits required by this article. Building permits are required. The planning commission serves to promote sound municipal planning. Public hearings, annexations and violations and penalties are outlined.

(Code 1989, § 13-1-120; Ord. of 10-5-2004, § 13-1-120)

Sec. 28-1011. - Zoning administrator.

The zoning administrator shall:

(1)

Initiate, direct and review from time to time a study of the provisions of this article; and

(2)

Make reports of the recommendations to the planning commission for investigation and appropriate action.

(Code 1989, § 13-1-121; Ord. of 10-5-2004, § 13-1-121)

Sec. 28-1012. - Building inspector.

The building inspector shall:

(1)

Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.

(2)

Upon reasonable cause or question as to proper compliance, revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this article, such revocation to be in effect until reinstated by the administrator or the village board of appeals or take any other action as directed by the village board to ensure compliance with or to prevent violation of its provisions.

(3)

Inspect all structures, lands and water as often as necessary to ensure compliance with this article.

(4)

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 article to the owner, resident, agent or occupant of the premises and report uncorrected violations to the village attorney in a manner specified by him.

(5)

Assist the village attorney in the prosecution of ordinance violations.

(6)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this article. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

(7)

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

(8)

Request assistance and cooperation from the village police department and village attorney as deemed necessary.

(Code 1989, § 13-1-122; Ord. of 10-5-2004, § 13-1-122)

Sec. 28-1013. - Building permit.

(a)

No building or structure above or below the ground shall be erected, structurally altered or relocated within the village until a building permit has been issued by the building inspector certifying that such building would be in compliance with the provisions of this article and with the village zoning code.

(b)

No person, whether as owner, contractor, builder, etc., shall erect, construct or structurally alter any building or other structure without obtaining a building permit from the building inspector and such building inspector shall not issue any permit unless the requirements of this article are complied with. All applications for building permits shall be accompanied by plans drawn to scale, showing the location, actual shape and dimensions of the lot to be built on, the exact size and location on the lot of the proposed or existing building and accessory building, the required setbacks, the existing and intended use of each building or part of a building, the number of families the building is intended to accommodate and such other information as may be required by the building inspector for the purpose of compliance with this article. An application for a building permit shall be made in conformity with the requirements of the village zoning code.

(c)

In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with Wis. Admin. Code ch. H 65.

(d)

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 article shall be null and void.

(Code 1989, § 13-1-123; Ord. of 10-5-2004, § 13-1-123)

Sec. 28-1014. - Planning commission.

The village planning 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 commission, its members and employees, in performance of its functions, may enter upon any land and make examinations and surveys. In general, the planning commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning.

(Code 1989, § 13-1-124; Ord. of 10-5-2004, § 13-1-124)

Sec. 28-1015. - Public hearings.

(a)

In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this article in the manner hereinafter defined or as may be otherwise specifically designated elsewhere in this article.

(b)

The notice to be given concerning any appeals or variances, conditional use permits or changes and amendments of this article shall be given by publishing a class 2 notice under Wis. Stats. ch. 985, and by giving due notice of the hearing to all parties in interest.

(c)

Due notice to parties in interest shall mean that the village clerk/treasurer will mail by ordinary postage reasonable advance notice of all hearings and meetings on any pending matter to the applicant and to owners of record of properties which are located within ten feet of the parcel involved in the application. In addition, at least ten days prior to written notice of any such hearings shall be given to the village clerk/treasurer of any municipality whose boundaries are within 1,00 feet of any lands included in the application. Failure of the office to accomplish such provision of notice shall not invalidate or prejudice the proceedings, provided that reasonable efforts were made to so notify the parties in interest.

(Code 1989, § 13-1-125; Ord. of 10-5-2004, § 13-1-125)

Sec. 28-1016. - Annexations.

Any area annexed to the village after the effective date of the ordinance from which this article is derived shall automatically be placed in the RD Rural Development District and shall remain in such district until the appropriate zoning district, zoning district boundaries and regulations are studied and recommended by the planning commission and adopted by the village board.

(Code 1989, § 13-1-126; Ord. of 10-5-2004, § 13-1-126)

Sec. 28-1017. - Violations and penalties.

(a)

No person shall use or improve any structure or land or use water or air in violation of any of the provisions of this article. In case of any violation, the village board, zoning administrator, planning commission or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this article or cause a structure to be vacated or removed.

(b)

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, zoning administrator 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.

(c)

Except as otherwise provided, any person who fails to comply with the provisions of this article or any order of the building inspector issued in accordance with this article or resists enforcement shall be subject to a penalty as provided in article XV of this chapter.

(Code 1989, § 13-1-127; Ord. of 10-5-2004, § 13-1-127)