(a) To hold public hearings pursuant to petitions for amendments to the zoning ordinance and pursuant to petitions for conditional use permits and as otherwise required by Wisconsin Statutes and this ordinance.

(b) To perform all Planning and Zoning related functions required by State Statutes and the Municipal Code of Kenosha County including the preparation of a master plan for the physical development of the County’s lands, air and waters.

(c) To make any inspections of properties deemed necessary by the committee so as to allow the committee to be better informed on any issues presented to it.

(d) To supervise the administration of the Kenosha County Department of Planning and Development.

(e) The Planning, Development & Extension Education Committee shall not grant variances to the terms of the ordinance in place of action by the Board of Adjustments or amend the text or zoning maps in place of official action by the governing body. [Code § 12.03-3.]

(a) To recommend to the Kenosha County Board of Supervisors substantive and procedural amendments or changes to this ordinance and to authorize the Department of Planning and Development to make nonsubstantive and routine changes to zoning text/maps, such as, but not limited to; statutory reference updates; required statutory changes; ordinance numbering; changes to official names of departments, committees, job titles, office hours, forms, and consolidation of existing zoning provisions, and in addition changes to application requirements and administrative procedures where the intent is not to change substantive and procedural rights. The committee may further grant approval of conditional use permits pursuant to section 12.40.050(i) of this ordinance without county board action.

(b) To impose any condition allowed by law in connection with a zoning change or amendment or the granting of conditional use permits including, without limitation due to enumeration, requirements with respect to time, distance, method of construction, clean-up, essential services, performance bonds and letters of credit.

(c) To suspend or revoke for cause any permit granted by the Committee or the Department of Planning and Development to an individual landowner for noncompliance with the terms upon which the permit was issued or to delegate such authority to the County Planning and Development Administrator.

(d) To set, with County Board approval, qualifications for personnel positions within the Department of Planning and Development.

(e) To establish fees pursuant to section 12.05.080 of this ordinance without County Board approval. [Code § 12.03-4.]

(a) The position of County Planning and Development Director is hereby created as a permanent position by the Kenosha County Planning, Development & Extension Education Committee. The term of office shall be indefinite. (11/5/84)

(b) Qualifications for the position of administrator and planner shall be determined by the Planning, Development & Extension Education Committee. Such qualifications shall include requirements with respect to expertise in the areas of planning, zoning, geography or urban affairs and past related work experience. (11/5/84) [Code § 12.04-2.]

(a) To administer and enforce the zoning, shoreland, floodplain, subdivision control, and sanitary ordinances enacted by the Kenosha County Board of Supervisors so as to manage and promote the public health, safety, convenience and general welfare of the citizens of Kenosha County pursuant to the appropriate statutes and ordinances.

(b) To give all legal notices required by State Statutes and the aforementioned ordinances.

(c) To investigate alleged zoning violations and give notice thereof to the owner of the subject property and assist in necessary prosecutions and make as often as necessary, all necessary inspections of structures, lands and waters to certify compliance with the aforementioned ordinances and report uncorrected violations to the corporation counsel in a manner specified by him and assist the corporation counsel in any action involving the Department of Planning and Development.

(d) To extend zoning information, assistance and advice to the public.

(e) To maintain, by parcel number where feasible, the appropriate records and indexes for all permits, inspections, complaints, public hearings, legal notices and zoning maps and other official actions.

(f) To attend policy formulation meetings and make recommendations to the Planning, Development & Extension Education Committee, and set public hearings as required by the Wisconsin Statutes or the Municipal Code of Kenosha County. (11/5/84)

(g) To make all necessary studies required for the improvement of land use in Kenosha County and studies relevant to the imposition of conditions for obtaining a conditional use permit.

(h) To supervise the operation of the office and town deputy zoning administrators and recommend job descriptions for positions within the office and fill such positions.

(i) To supervise the County Sanitation Inspectors in any areas designated by the County Board.

(j) To prepare, present and implement the annual budget for the Department of Planning and Development.

(k) To prepare all necessary resolutions and reports for the Planning, Development & Extension Education Committee and the Kenosha County Board of Supervisors that relate to Planning and Development. (11/5/84)

(l) To collect and account for all fees and other monies received by the office.

(m) To prepare, maintain, file and record by parcel number where feasible, all records, maps, photographs, studies, reports, surveys, tapes and indexes required for the efficient and proper administration and enforcement of the aforementioned ordinances.

(n) Pursuant to Wisconsin Statute 59.69(10)(b) and (c), maintain a record after the approval of this ordinance or amendments thereto or changes in district boundaries, approved by the Town Boards, of all lands, premises and buildings in the town used for purposes not conforming to the regulations applicable to the district in which they are situated.

(o) To contest, subject to the time limitations set forth in section of the Wisconsin Statutes and any conditions required by Chapter 68 of the Wisconsin Statutes, any decision of the Board of Adjustments which is in the opinion of the administrator incorrect. [Code § 12.04-3.]

(a) Receive, review and act upon, (either granting or denying) all zoning, use and other permit applications authorized by the aforementioned ordinances and assure that the regional flood elevation for the proposed development is shown on all permit applications.

(b) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.

(c) Review all subdivisions for compliance with the standards in (h) above. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in 12.37.010 or 12.37.010.7. Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.

(d) Determine similarities in intended uses with those uses set forth in a particular district as provided for in section IV of this ordinance.

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

(f) Suspend or revoke any permit issued by the Department of Planning and Development or by the Planning, Development & Extension Education Committee where so delegated, upon noncompliance with the terms of the permit and/or this ordinance. (11/5/84)

(g) Commence, subject to the County corporation counsel’s approval, any legal action in the name of Kenosha County to ensure enforcement of the terms of the aforementioned ordinances.

(h) Issue citations pursuant to section 66.0119 of the Wisconsin Statutes and section 3.11 of the Municipal Code of Kenosha County to be served by the Kenosha County Sheriff for violations of any of the aforementioned ordinances.

(i) Gain entry to premises, buildings and structures for the purpose of investigating applications for permits and for the purpose of determining compliance with any permit issued pursuant to any of the aforementioned ordinances or provisions of this ordinance during reasonable daylight hours or any other time authorized by the court. If entry is refused after presentation of proper identification, a special inspection warrant may be procured in accordance with Wisconsin Statute section 66.0119. [Code § 12.04-4.]

(a) There is hereby created the position of Planning and Development Administrator who shall be appointed by the Director of Planning and Development, and

(b) The Planning and Development Administrator shall perform those duties assigned to him by the Director of Planning and Zoning and shall have authority to exercise those powers designated in section 12.04.040(a), (c), (d), (f) and (g); in addition, the duty of the Planning and Development Administrator shall be to interpret and administer this ordinance and to issue, after on-site inspection, all permits required by this ordinance. The Planning and Development Administrator shall further:

(c) In the event of sickness, temporary vacancy, disability or inability arising from any cause, and the planning and zoning director is unable to perform his duties, the planning and development administrator is empowered to temporarily discharge the functions of the director until such time as the director is able to resume his duties.

(d) In the event of a vacancy in the office of the director due to his resignation, death or removal, the vacancy shall be filled by appointment by the County Planning, Development & Extension Education Committee and the administrator shall, from the date of vacancy, temporarily perform the duties and functions of the director, at the director’s rate of pay as determined by the pay schedule established by the Kenosha County Board of Supervisors for this position until the vacancy is filled. (11/5/84) [Code § 12.04-5.]

(a) No buildings, structures, or any parts thereof, or any development except as hereinafter provided in this ordinance, shall be built, enlarged, altered, repaired, demolished, placed or moved within the areas subject to the provisions of this ordinance until a permit has been applied for in writing and issued by the Planning and Development Director or Administrator or his Deputy. For the purposes of this section, to alter or repair a building or structure shall be construed to mean to change the dimensions, square footage, cubic footage, or structural supports of a building or structure or to change the structure in such a way that the future use of the premises is inconsistent with the district wherein the parcel is located. All permits issued by the Department of Planning and Development shall be issued only upon the condition that the Director of Planning and Development or his designee may inspect the premises for compliance during reasonable daylight hours.

(b) No new business or industry established in an existing structure shall be permitted to commence its operation until such time as a certificate of compliance has been issued by the Department of Planning and Development certifying that the proposed use or operation is in compliance with the terms of this ordinance.

(c) Applications for permits required by this ordinance shall be made to the Department of Planning and Development on forms furnished by the office or authorized by this ordinance and shall include all information and data required by such forms.

(d) Applications for zoning permits required by this ordinance shall fully comply with section 145.195 of the Wisconsin Statutes, and with the Kenosha County Sanitary Code and Private Sewage System Ordinance, both of which may be amended from time to time.

(e) Reserved for future use. (8/6/02).

(f) No application shall be accepted by the Department of Planning and Development if the parcel for which a permit is being applied for is not in compliance with any provision of this ordinance.

(g) Any application for a permit under this ordinance or any use subject to the regulations and standards set forth herein shall be accompanied by a sworn statement by the owner of the subject property that said property and use will be operated in accordance with the provisions of this ordinance.

(h) Such forms shall include the following information or as deemed appropriate by the Department of Planning and Development:

(a) Farm buildings and structures which are not for human habitation and which are not permanently fixed to the ground and which are readily removable in their entirety; provided, that street, sides, rear and shore yard setback requirements for that District are met. This exemption, however, shall not apply to roadside stands more than 300 square feet in area used for the sale of farm products or other goods and services produced solely on the parcel.

(b) Farm improvements such as drainage irrigation systems, grass waterways and terraces, farm fences except as outlined in this ordinance.

(c) Public utilities such as gas and oil pipe lines, electric and telephone transmission and distribution lines, poles and other accessories which shall be permitted in all districts except for those areas defined as Shoreland areas provided, however, that when a utility proposes a major inter-city transmission line or pipeline, it give notice to the Planning, Development & Extension Education Committee of such intention and of the time and place of hearing before the Public Service Commission and provided further that at the request of the Committee, the utility meet with it to discuss the routing of said transmission line or pipe line and before actual construction, file a mapped description of the route of such transmission line with the Committee. (11/5/84)

(d) Repairs and other alterations which do not change the cubic footage of a building or structure and do not constitute a change in use and meet all street, sides, rear and shore yard setback requirements.

(e) Sidewalks, walkways, fire pits and patios, except patios located on riparian lots.

(f) Structures 150 square feet or less in area and not more than fifteen feet in height. Such structures must, however, conform with the yard requirements of the district in which they are located, or if the structure is located in the rear yard, with the requirements set forth in section 12.38.020(a)1 of this Ordinance. (6/2/92)

(g) Steps and stairs to a dwelling in conformance with Section 12.38.020(aa) of this ordinance. [Code § 12.05-2.]

(a) Except as provided for in subsection (b), any person erecting, moving, enlarging or reconstructing a structure, which, under this ordinance, requires a zoning permit shall upon completion of the construction of footings, concrete slab or other foundations, submit to the Department of Planning and Development a survey prepared by a professional surveyor showing the locations, boundaries, dimensions, elevations and size of the following: The boundaries of the lot, all existing structures (including foundations) and their relationship to the lot lines. The County Director of Planning and Development shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the permit application. No further construction may commence unless the Director of Planning and Development shall find that the foundation location is consistent with the permit as issued and shall so certify. Failure to comply with the requirements of this section shall be grounds for the issuance of a citation pursuant to section 12.52.030 of this Ordinance, and attendant penalties. (6/2/92)

(b) A foundation survey shall not be required for the construction of any nonresidential structure located at least 200 feet from any property line or 200 feet from any navigable body of water in an agricultural district. [Code § 12.05-4.]

(a) No vacant land shall be occupied, used, developed or substantially improved; and no building hereafter erected, altered or moved shall be occupied; and no floodland shall be filled, excavated, or developed; and no nonconforming use shall be maintained, renewed or changed until a certificate of compliance shall have been issued by the Kenosha County Department of Planning and Development. Such permit shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of the ordinance. Such permit shall be issued only when the building or premises and the proposed use thereof conform with all requirements of this ordinance.

(b) No land within the FPO Floodplain Overlay District shall be developed, occupied or used, and no structure hereafter erected, altered, or moved shall be occupied until the applicant submits to the Kenosha County Department of Planning and Development a certification by a registered professional engineer or land surveyor that the floodland regulations set forth in this Ordinance have been fully complied with. Such certification shall include the ground elevations of any site which has been filled; and the first floor and basement floor elevations of any structures permitted by this Ordinance and erected on the site. (3/1/94)

(c) Upon the establishment of a new business or industry in an existing structure as set forth in section 12.05.010(b) of this ordinance. (3/1/94)

Under the above circumstances, no person, firm or corporation shall occupy, use or cause to be used, any land or building as set forth above until the Planning and Development Administrator has issued a written certificate of compliance. [Code § 12.05-5.]

(a) All persons, firms, or corporations performing work which by this Ordinance requires the issuance of a permit shall pay a fee for such permit to the Kenosha County Department of Planning and Development to help defray the cost of administration, investigation, advertising, and processing of permits and variances.

(b) Kenosha County and any town located within Kenosha County shall be exempt from payment of any of the above fees in subsection (a). [Code § 12.05-8.]

(a) All fees collected by the Kenosha County Department of Planning and Development for permits issued through that office shall be retained by Kenosha County. County employees shall not be eligible to retain any of the fees collected.

(b) Except fees collected for appeals to the Board of Adjustments, Conditional Use Permits or requests for re-zoning, all fees collected for zoning permits by towns or town deputy zoning administrators/building inspectors shall be disposed of in the following manner: 50% to be forwarded to the Kenosha County Department of Planning and Development, 50% to the town wherein the property is located if the Town Deputy is a full-time employee of the Town, or in the alternative, 50% to the Town Deputy if such Deputy is a part-time employee. [Code § 12.05-10.]