Blue Mounds Village
City Zoning Code
City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 385-50 Responsible officials.
The administration of this chapter is hereby vested in the Village of Blue Mounds Zoning Administrator, the Village Board, the Plan Commission and the Zoning Board of Appeals.
§ 385-51 Zoning Administrator.
The Zoning Administrator, as the chief administrative and enforcement officer for the provisions of this chapter, has the following duties:
A.
To receive and file applications for amendment of the Zoning Ordinance, issue zoning permits, certificates of compliance, and make inspections and maintain records as required by this chapter.
B.
To enforce this chapter with the authority to enter upon any public or private premises at a reasonable time and make an inspection thereof and, upon reasonable cause or question of proper compliance, revoke any building permit and require the cessation of any building, moving, alteration or use which is in violation of this chapter, such revocation to remain in effect until reinstated by the Zoning Administrator, Zoning Board of Appeals or the Village Board.
C.
To report all complaints and the action taken to the Zoning Board of Appeals.
D.
To receive, file and forward to the Plan Commission all applications for amending this chapter.
§ 385-52 Plan Commission.
The Plan Commission is hereby vested with the jurisdiction and authority under this chapter to review all applications for amending the Zoning District Map and the text of this chapter and make recommendations to the Village Board for approval, denial or modification of the applications. For the purposes of this section, "modification" shall not be construed as enlargement of the area described in the application.
§ 385-53 Village Board.
The Village Board is hereby vested with the jurisdiction and authority under this chapter to hold a public hearing on all applications for amending the Zoning District Map and the text of this chapter, consider recommendations from the Plan Commission and make final decisions for approval, denial or modification of the applications. For the purposes of this section, "modification" shall not be construed as enlargement of the area described in the application.
§ 385-54 Zoning Board of Appeals.
A.
How constituted. See Chapter 9, Boards and Commissions, Article III, Zoning Board of Appeals, of the Village Code.
B.
Procedure, rules, meetings and minutes. The Chair of the Zoning Board of Appeals (referred to as "Board" in this section) shall be determined by a majority vote of the members of the Board at the first meeting in May of each year. The Board shall adopt its own rules of procedure deemed necessary to carry out the provisions of this section. Meetings of the Board shall be held at the call of the Chair, his or her designee, or the Zoning Administrator, and at such other times as the Board may determine. Such Chair, or in his/her absence, the acting Chair, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question. The presence of four members shall be necessary to constitute a quorum.
C.
Appeals.
(1)
How taken. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board or commission of the Village affected by any decision or ruling of the Zoning Administrator made under this chapter within 15 days after the decision or ruling of the Zoning Administrator by filing with the Zoning Administrator and with the Board a notice of appeal, specifying the grounds therefor. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(2)
Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator from whom the appeal was taken.
(3)
Hearings. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and to give due notice thereof. The Board shall hear and decide the appeal within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
D.
Powers of Zoning Board of Appeals. The Zoning Board of Appeals shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section or of any ordinance adopted pursuant thereto;
(2)
To hear and decide special exceptions to the terms of this chapter upon which it is required to pass hereunder;
(3)
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;
(4)
To permit, in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
E.
Decisions of the Board. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue the permit. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon being brought before the Board as required by this chapter. The grounds of every such determination shall be stated. Decisions of the Board shall be binding and final, and shall not be reconsidered for a period of one year from the date of the decision.
F.
Standards for granting variances. The Zoning Board of Appeals shall base its findings upon the evidence presented to it and that all of the following conditions are present:
(1)
The particular physical surroundings, shape or topographic condition of the specific property should result in unnecessary hardship if the regulations are to be carried out strictly.
(2)
The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification.
(3)
The purpose of the variance is not based on a desire for economic or other material gain by the applicant or owner.
(4)
The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.
(5)
The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood in which the property is located.
(6)
The proposed variance will not impair or diminish the property value within the neighborhood.
§ 385-55 Zoning site plan approval.
A.
Zoning site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, shall require zoning site plan review and approval by the Zoning Administrator and, if confirmation is requested by the Zoning Administrator, Plan Commission and/or the Village Board, confirmation of approval by the Plan Commission and Village Board, all in accordance with the requirements of this section.
B.
Application. The applicant for a building permit shall also submit a site plan and sufficient plans, specifications and information regarding proposed buildings, machinery and operations to enable the Zoning Administrator, Building Inspector and/or appropriate expert(s) to determine whether the proposed application meets all the applicable requirements of the Zoning Code, Building Code and relevant provisions of the Village Code.
C.
Administration and review procedure. The Zoning Administrator shall review the application and plans. Following review, the Zoning Administrator may choose to refer the application and plans to the Building Inspector and/or appropriate expert(s), if such input is deemed desirable or necessary to determine compliance with this chapter. In addition to such review by the Zoning Administrator, the Zoning Administrator may request that the application be referred to the Plan Commission and Village Board prior to final action by the Zoning Administrator. Any Plan Commission member or Village Board member may also request Plan Commission and Village Board review of the application, if such request is made within 10 days of the Zoning Administrator's receipt of a complete application and plans. In such event, the Plan Commission shall have authority to review and recommend to the Village Board and the Village Board shall have the authority to make a final decision. The Plan Commission and Village Board may meet jointly to conduct any such review. Unless otherwise mutually agreed by the applicant and the Zoning Administrator, zoning site plan review, and approval or refusal of the site plan, shall be completed within 40 days of the Zoning Administrator's receipt of a complete application and plans. Appeals of the Zoning Administrator's and/or Village Board's decision may be made to the Zoning Board of Appeals, as provided in the Zoning Code. No building permit shall be issued unless and until zoning site plan approval has been obtained and certified by the Zoning Administrator.
D.
Requirements. In reviewing and approving a site plan, the Zoning Administrator and/or Village Board (following consideration of the Plan Commission's recommendations) shall consider and determine that the following requirements are met:
(1)
That the site plan and proposed structure, addition, or alteration will, based upon the submitted plans and specifications, comply with all applicable zoning and building ordinances;
(2)
That the site plan and proposed structure, addition, or alteration are appropriate and will conform to the general development and design of the zoning district within which it is to be erected and with the character of the district as established by the Master Plan or other general development plan in the Village;
(3)
That the size, exterior architectural appeal and general design of the proposed structure, addition or alteration, when erected, will not be so at variance with or similar to, the size, exterior architectural appeal and general design of structures already constructed (or in the course of construction) in the immediate neighborhood or district or planned by the Master Plan or other general development plan in the Village, as to be contrary to the generally accepted design standards or underlying aesthetic values of the community, contribute to decay or blight, and/or negatively affect property values within said neighborhood or applicable district (Note: Input from adjoining property owners is recommended, but not required, when making this determination.);
(4)
That the landscaping and overall appearance of the completed site will complement surrounding and adjacent uses, so as not to impair the value of adjacent properties, contribute to decay or blight, and/or impair the intent or purposes of the zoning and building codes;
(5)
That the layout and design of the completed site will adequately protect the safety of the residents and the community and minimize traffic hazards that may be created, with considerations including, but not limited to, entrances, exits and driveways accessing public streets; and, the location, adequacy and improvements of areas for parking and for loading and unloading;
(6)
That the proposed water supply, drainage facilities, and sanitary and waste disposal are adequate; and
(7)
That the proposed structure, addition or alteration will not have a significant adverse effect upon existing municipal services and utilities. If the Zoning Administrator and/or Village Board determine that there will be an adverse effect and/or additional facilities are needed, the final approval of the site plan shall not be granted until the Village Board has approved and entered into an agreement with the applicant regarding the development of such facilities.
§ 385-56 Building permit.
It shall be unlawful for any person to commence excavation for or construction of any building or structure, or structural changes in any existing building or structure without first obtaining a building permit from the Building Inspector. No permit shall be issued for the construction, alteration or remodeling of any building or structure until application has been submitted in accordance with the provisions of this chapter, showing that the construction proposed is in compliance with the provisions of this chapter, and other regulations of the Village.
§ 385-57 Occupancy permit.
No building or structure shall be occupied until a certificate of compliance shall have been issued by the Building Inspector for determining the conformity with the specification on which the building permit has been issued.
§ 385-58 Violations and penalties.
A.
Any person, firm, or corporation, or agent, employee, or contractor of such, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any provision of this chapter, shall, upon conviction, forfeit not more than $1,000 for each offense, together with penalty assessment and the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail of Dane County until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
Whenever a violation of this chapter occurs or is thought to have occurred, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Administrator. The Zoning Administrator shall properly record such complaint and promptly investigate in accordance with the provisions of this chapter. Following such investigation, the Zoning Administrator may issue a warning letter and request for corrective action or a notice of code violation. When determined appropriate by the Zoning Administrator, such notices may be issued by the Building Inspector and/or turned over to the Police Department for enforcement. The Zoning Administrator may also request that the application be referred to the Plan Commission and Village Board prior to taking final action. If notice of violations is issued by the Zoning Administrator or Building Inspector, any adverse decision may be appealed to the Zoning Board of Appeals. If a citation for an ordinance is issued by the police, resolution of the citation will be conducted in Municipal Court.