The purpose of this article is to establish the administrative and procedural requirements for zoning text amendments, zoning map amendments, planned developments, site plan review, conditional use review, certificates of occupancy, variances and appeals.

(Ord. of 4-3-2006, § 17.201)

There is hereby established a plan commission for the village, which shall be appointed in accordance with division 3 of article V of chapter 2.

(Ord. of 4-3-2006, § 17.201)

(a)

Designation. The zoning administrator or his deputy is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the zoning administrator or his deputy is to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter.

(b)

Duties. The zoning administrator shall:

(1)

Provide zoning information upon request.

(2)

Receive, file and forward all applications for all procedures governed by this chapter to the designated official bodies, notify affected property owners of the required public hearings and publish legal notice of such hearings.

(3)

Determine whether all detailed site analyses, building permits, certificates of occupancy, sign permits, site plans, and their constituent plans comply with all provisions of this chapter.

(4)

Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.

(5)

Be permitted access to premises and structures during reasonable hours to make those inspections that he deems necessary to ensure compliance with this chapter. However, if he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

(6)

Maintain permanent and current records relating to the requirements of this chapter, including but not limited to all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations and applications therefor.

(7)

Investigate violations of this chapter.

(8)

Pursuant to Wis. Stats. §§ 66.0113 and 800.02(2), or its successor, issue citations for alleged violations of any provision of this chapter, or any other provision of this Code related to the official duties of said office.

(Ord. of 4-3-2006, § 17.201)

(a)

Organization. There is hereby established a board of zoning appeals for the village for the purpose of hearing appeals and applications, and granting variances to the provisions of this chapter consistent with the purpose and intent of this chapter. The board of zoning appeals shall be organized in accordance with division 4 of article V of chapter 2.

(b)

Powers. The board of zoning appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged that the zoning administrator has made an erroneous finding or order.

(2)

To hear and decide special exceptions to the terms of this chapter.

(Ord. of 4-3-2006, § 17.201)

Whenever action on an application is required by either a review or decision-making body, the review or decision-making body shall be authorized to postpone action until a later date. A public hearing for which proper notice was given may also be continued to the later date without again complying with noticing requirements provided that the specific date, time and location is set and announced at the time of the continuance. If more than six months pass from the time of the originally scheduled public hearing, proper public notice shall be given again in accordance with this chapter. board of zoning appeals.

(Ord. of 4-3-2006, § 17.201)

Unless otherwise expressly stated in this chapter, the decision-making body may approve, approve with modifications or deny an application consistent with any noticing requirements. Decision-making bodies may impose conditions on an application to reduce or minimize potential adverse impacts on adjacent properties provided the conditions are related to the adverse impact and are appropriate to mitigate the adverse impact.

(Ord. of 4-3-2006, § 17.201)

The purpose of this division is to provide regulations governing the review and approval of certificates of occupancy. The procedure given in this division is required to ensure that completed development projects conform with all requirements of this chapter including approved site plans, PUD final development plans and conditional use permits.

(Ord. of 4-3-2006, § 17.202)

Except as otherwise expressly authorized in this chapter, no building or addition thereto constructed after the effective date of the ordinance from which this chapter is derived and no addition to an existing building or change of land use shall be occupied or commenced and no vacant land as of the effective date of the ordinance from which this chapter is derived shall be used without first obtaining a certificate of occupancy from the zoning administrator that states that the use or occupancy complies with the provisions of this chapter.

(Ord. of 4-3-2006, § 17.202)

Every application for a building permit shall be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new land use where no building permit is required shall be made directly to the zoning administrator. No certificate of occupancy for a building or portion thereof shall be issued until construction has been completed and the premises are inspected and certified by the zoning administrator to be in compliance with the approved plans and specifications and with the requirements of this chapter and the district in which the building or use is located. In the discretion of the zoning administrator, temporary certificates of occupancy may be issued for a period of time up to six months if it is determined that the project is substantially completed to the point that occupancy or partial occupancy could occur. If a certificate of occupancy is not issued, the zoning administrator shall give written notice to the applicant stating the reasons why the certificate of occupancy cannot be issued. The zoning administrator shall issue the certificate of occupancy or letter of denial within 14 days of notification by the owner/applicant in writing that the building or premises are ready for occupancy.

(Ord. of 4-3-2006, § 17.202)

The fee for a certificate of occupancy shall be as established in appendix A to this Code.

The purpose of this division is to provide regulations, that allow the village to hear and decide requests for permitted variation from the terms of this chapter in situations where, owing to special factors, strict compliance with the provisions of this chapter would cause an unnecessary hardship or practical difficulty, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done; as provided for by Wis. Stats. § 62.23(7)(e)7.

(Ord. of 4-3-2006, § 17.203)

Proceedings for approval of a requested variance shall be initiated by an application of the owner of the subject property.

(Ord. of 4-3-2006, § 17.203)

Application for a variance shall be submitted to the zoning administrator, using the designated village variance application form, along with the required review fee and site plan as required under site plan review. In addition, the following information is required:

(1)

A location map, including address and legal description of the subject property and all lands within 150 feet of the subject property to a scale of not less than one inch equals 400 feet, and indicating the zoning of the subject and surrounding properties.

(2)

The names and addresses of all adjacent property owners in the village or surrounding township within 150 feet of the subject property.

(3)

A written description of the specific variance requested, based upon the proposed plan's deviation from this chapter.

(4)

A written summary of the applicant's position as to why the conditions of variance approval are met and why the variance should be granted.

(Ord. of 4-3-2006, § 17.203)

Applications must be accompanied by the filing fee established in appendix A to this Code, unless such application is initiated by the staff, the plan commission or the village board. Unless otherwise expressly stated in this chapter, application fees are nonrefundable. The village shall return incomplete forms to the applicant within 30 days of receipt, along with a written explanation as to why the application is incomplete. No further action or review will be taken on the application until a completed revised application is returned to the village. The time allowed for the village to complete reviews shall not commence until the complete application is received by the village.

(Ord. of 4-3-2006, § 17.203)

The zoning administrator shall review the application for completeness before the variance request is placed on an agenda. Once determined complete, the variance request will be scheduled for public hearing. The zoning administrator shall prepare a report based on the variance review criteria and forward the report to the board of zoning appeals.

(Ord. of 4-3-2006, § 17.203)

(a)

The village clerk shall cause a class 1 newspaper notice to be published once, in the village's official newspaper, at least seven days before the public hearing. In addition, at least ten days before said public hearing, the village clerk shall mail an identical notice to the applicant for the proposed variance and to all property owners within 300 feet of the boundaries of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this division. Cases involving proposed variances to any of the floodplain district standards shall require notice to be mailed to the department of natural resources at least ten days prior to the public hearing.

(b)

The notice shall indicate the time and place of the public hearing, describe the property involved in the application by address, legal description or location map, and describe the purpose and scope of the application and the village clerk contact information at the village hall.

(Ord. of 4-3-2006, § 17.203)

(a)

The board of zoning appeals shall hold a public hearing on the proposed variance and, following the close of the public hearing, act to approve, approve with conditions or deny the variance request. The board of zoning appeals shall make its determination within 60 days of the public hearing.

(b)

No variance shall be approved unless the board of zoning appeals finds that:

(1)

Such variance from the terms of this chapter will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done;

(2)

The physical surroundings, shape, or topography unique to the site pose a specific hardship (not a mere inconvenience) to the owner of the subject property if applicable zoning regulations are strictly adhered to. The alleged hardship shall not be one that would have existed in the absence of this chapter (e.g., if the lot is unbuildable without zoning, it is unbuildable with zoning);

(3)

The conditions upon which the variance is requested are unique to the site and are not common to neighboring properties; and

(4)

The alleged hardship cannot be self-imposed. This includes selling a portion of the property making the parent parcel substandard, cutting off access to an existing road corridor, deed restrictions placed on the property or other self-imposed hardships.

(Ord. of 4-3-2006, § 17.203)

The board of zoning appeals shall prepare a formal finding of fact report addressing each of the criteria listed in section 50-93 to support the final decision. A decision to approve a variance request shall be upheld by a vote to approve the request by at least four members of the board of zoning appeals.

(Ord. of 4-3-2006, § 17.203)

No dismissed or denied variance request shall be considered again for a period of one year from the date of the board's decision to dismiss or deny the variance request unless the applicant demonstrates, and it is the opinion of the zoning administrator, that the request is substantially different. If it is determined by the zoning administrator that the request is substantially different from the previous request, the board of zoning appeals will review the request at the next scheduled meeting. If the board also determines that the request is substantially different, then the application will be processed according to the provisions of this division and acted upon at a future board of zoning appeals meeting.

(Ord. of 4-3-2006, § 17.203)

Where the board of zoning appeals has granted a variance, such approval shall not change the use classification of the building or premises, nor shall it create any status as a nonconforming use. Granting of a variance shall be considered unique to the particular circumstance and shall not be considered precedence for future variance proposals.

(Ord. of 4-3-2006, § 17.203)

Property owners shall have six months from the date of approval of the variance to secure a building permit for the proposed improvements. If no building permit is required, property owners shall have six months from the date of approval of the variance to complete construction and commence use of the property. If permits are not obtained or construction is not completed as specified herein, the approved variance shall lapse and be of no further effect.

(Ord. of 4-3-2006, § 17.203)

Appeals to the decisions of the board of zoning appeals may be taken to the courts as provided by law.

(Ord. of 4-3-2006, § 17.203)

The fee for an appeal shall be as established in appendix A to this Code.

(a)

The purpose of this division is to establish regulations, which govern the procedures for review and approval or denial of conditional use permits.

(b)

In some instances, as indicated in table 50-1 of section 50-460, certain land uses in certain districts are not permitted by right, but rather as conditional uses. In these cases, special requirements or characteristics require review by the plan commission and the possible imposition of such conditions as necessary to ensure that the use is compatible with adjacent properties. Modifying, altering or expanding any conditional use, in violation of the approved permit, without plan commission approval, shall be grounds for revocation of said conditional use permit.

(Ord. of 4-3-2006, § 17.204)

A completed application for a conditional use permit shall be filed on a form prescribed by the village. The application shall be accompanied by the required fee; a plan showing the location, size and shape of the lot or lots involved and any proposed structures; the existing and proposed use of each structure and lot; and a statement in writing showing how the proposed conditional use shall conform to the standards set forth in section 50-134.

(Ord. of 4-3-2006, § 17.204; Ord. No. 2009-03, 4-21-2009)

The zoning administrator shall review each completed conditional use application for compliance with the review criteria listed in section 50-134 as applicable and provide a report on the proposal to the plan commission. This shall be a written report examining compliance (or lack thereof) with the review criteria listed in section 50-134 and also including any and all recommendations for additional requirements of approval.

(Ord. of 4-3-2006, § 17.204)

(a)

The village clerk shall cause a class 1 newspaper notice of the plan commission public hearing to be published once, in the village's official newspaper at least seven days before the public hearing. In addition, at least ten days before said public hearing, the village clerk shall mail an identical notice to the applicant of the proposed conditional use permit and to all property owners within 300 feet of the boundaries of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this division.

(b)

The notice shall indicate the time and place of the public hearing, describe the property involved in the application by address, legal description or location map, and describe the purpose and scope of the application and the village clerk contact information at village hall.

(Ord. of 4-3-2006, § 17.204)

The plan commission shall hold a public hearing on the proposed conditional use permit, after which a decision will be made to grant or deny the conditional use application. The plan commission may take such action at the same meeting or choose to continue the proceedings at a later date. The plan commission may request additional information as needed. Once final action is taken, the plan commission shall record its conclusion, findings of fact and required conditions of approval, if approved. A copy of the resolution shall be kept on file with the village clerk and recorded by the village with the county register of deeds office. The plan commission shall make its determination within 90 days of the public hearing.

(Ord. of 4-3-2006, § 17.204)

If an application for a conditional use permit is denied by the village plan commission, no application may be filed with the village for the same conditional use of the same property or a portion thereof within one year of denial unless the zoning administrator finds that there is new evidence or proof of change of factors.

(Ord. of 4-3-2006, § 17.204)

Appeals of plan commission decisions may be made to the village board.

(Ord. of 4-3-2006, § 17.204)

Any conditional use found not to be in compliance with the terms of the permit and/or this chapter shall be considered in violation of this chapter and be subject to all applicable procedures and penalties in such circumstances. The plan commission, following a properly noticed public hearing as described in this division, may revoke a conditional use permit.

(Ord. of 4-3-2006, § 17.204)

Any and all conditional uses that have been discontinued for a period of six months shall lapse and shall no longer apply to the subject property. The burden of proof shall be on the property owner to demonstrate that the conditional use was in operation during this period.

(Ord. of 4-3-2006, § 17.204)

Applications for conditional use permits may be approved by the plan commission if all of the following criteria are met:

(1)

The proposed conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The proposed conditional use will not have a negative impact on the use of other properties in the vicinity of the subject property.

(3)

The proposed conditional use will not diminish or impair property values including residential property values in the vicinity of the subject property.

(4)

The proposed conditional use will not adversely affect nearby businesses by reducing customer trade as a result of any negative consequences such as noise, glare and general unsightliness.

(5)

The proposed conditional use will not hinder the future development or redevelopment and improvement of properties in the vicinity of the subject property.

(6)

The proposed conditional use is architecturally compatible with other properties in the vicinity of the subject property.

(7)

The proposed conditional use can be readily served by all village services and utilities and will not place an excessive burden on those services and utilities or public parks and schools.

(8)

The proposed conditional use can efficiently and safely be served by vehicular and pedestrian traffic and will not impede traffic flow or cause substantial traffic congestion or any traffic hazards including vehicular hazards to pedestrians or bicyclists.

(9)

The conditional use will comply with all applicable regulations of this chapter and is consistent with the purposes of this chapter and the district in which the subject property is located.

(Ord. of 4-3-2006, § 17.204)

In permitting a new conditional use or in modifying an existing conditional use, the plan commission may impose additional conditions and requirements beyond those expressly stated in this chapter which are deemed necessary to ensure that the review criteria of this division are met. Such conditions may include, but are not limited to, the following:

(1)

Increasing the required lot size or dimensions.

(2)

Limiting the height, location and size of buildings.

(3)

Increasing the number of off-street parking spaces.

(4)

Limiting the number, size and location of lighted signage.

(5)

Requiring additional landscaping, screening, berming or buffering to protect nearby properties.

(6)

Controlling ingress/egress points and requiring additional street width such as with designated turn lanes or deceleration pavement strips.

(7)

Limiting the hours of operation.

(Ord. of 4-3-2006, § 17.204)

(a)

The fee for a conditional use permit shall be as established in appendix A to this Code.

(b)

The fee for a conditional use amendment shall be as established in appendix A to this Code.

The purpose of this division is to establish procedures for regulating temporary uses.

(Ord. of 4-3-2006, § 17.205)

Temporary uses may create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. Therefore, temporary uses are subject to standards contained in sections 50-508 and 50-509, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.

(Ord. of 4-3-2006, § 17.205)

No public hearing is required for temporary uses, except for those not specifically listed in sections 50-508 and 50-509. Temporary uses not listed in these sections shall be conditional uses in all districts and shall be reviewed through the conditional use process in division 4 of this article. However, the applicant shall be responsible for compliance with all applicable requirements of this chapter. Any temporary use or structure found not to be in compliance with this chapter shall be subject to section 50-8, dealing with violations, penalties and enforcement.

(Ord. of 4-3-2006, § 17.205)

Temporary use inquiries may be directed to the village clerk's office. Temporary uses requiring a building permit shall be reviewed by the building inspector.

(Ord. of 4-3-2006, § 17.205)

The purpose of this division is to establish procedures for review and approval or denial of proposed revisions to this chapter.

(Ord. of 4-3-2006, § 17.206)

The plan commission, village board, village staff or the public may initiate proposed amendments to the text of this chapter.

(Ord. of 4-3-2006, § 17.206)

The zoning administrator shall review each proposed zoning text amendment and provide a report on the proposed amendment to the plan commission. The report shall indicate to what extent the proposed text amendment furthers or is in conflict with the comprehensive plan and the purposes of this chapter. The report shall further indicate the manner in which the existing zoning text is inadequate or in conflict with the comprehensive plan or purposes of this chapter. The zoning administrator shall make a recommendation on the proposed text amendment to the plan commission for review.

(Ord. of 4-3-2006, § 17.206)

The village clerk shall cause a class 2 newspaper notice of the village plan commission public hearing to be published twice, once per week over two consecutive weeks, in the village's official newspaper, with the last notice published at least seven days before the public hearing. The notice shall indicate the time and place of the public hearing, describe the property involved in the application by address, legal description or location map, and describe the purpose and scope of the application and the village clerk contact information at village hall.

(Ord. of 4-3-2006, § 17.206)

The plan commission shall hold a public hearing on the proposed zoning text amendment, after which the plan commission may recommend approval or denial of the proposed zoning text amendment. The plan commission may take such action at the same meeting or choose to continue the proceedings at a later date. The plan commission may request additional information as needed. The plan commission shall make a recommendation on the proposed zoning text amendment and forward it to the village board.

(Ord. of 4-3-2006, § 17.206)

After receiving the recommendation of the plan commission, the village board shall hold a public hearing on the proposed zoning text amendment, and, after the public hearing, may make a decision on the proposed amendment.

(Ord. of 4-3-2006, § 17.206)

If an application for a zoning text amendment is denied by the village board, no application may be filed with the village for the same text amendment within one year of denial.

(Ord. of 4-3-2006, § 17.206)

In case of a protest against a proposed amendment duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed amendment, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent 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 except by the favorable vote of three-fourths of the members of the village board voting on the proposed amendment.

(Ord. of 4-3-2006, § 17.206)

The purpose of this division is to establish procedures for review and approval or denial of proposed amendments to the official zoning map.

(Ord. of 4-3-2006, § 17.207)

The plan commission, village board, village staff or subject property owner may initiate proposed amendments to the zoning map.

(Ord. of 4-3-2006, § 17.207)

The zoning administrator shall review each proposed zoning map amendment and provide a report on the proposed zoning map amendment to the plan commission. The report shall indicate to what extent the proposed text amendment furthers or is in conflict with the comprehensive plan and the purposes of this chapter.

(Ord. of 4-3-2006, § 17.207)

(a)

The village clerk shall cause a class 2 newspaper notice of the village board public hearing to be published twice, once per week over two consecutive weeks, in the village's official newspaper, with the last notice published at least seven days before the public hearing. Also, written notice of the proposed zoning change shall be provided to the clerk of any municipality within 1,000 feet of the subject property at least ten days prior to the hearing, although failure to give such notice shall not invalidate plan commission or village board review and action.

(b)

The notice shall indicate the time and place of the public hearing, describe the property involved in the application by address, legal description or location map, and describe the purpose and scope of the application and the village clerk contact information at village hall.

(Ord. of 4-3-2006, § 17.207)

(a)

The plan commission shall hold a public hearing on the proposed zoning map amendment, after which the plan commission may recommend approval or denial of the proposed zoning map amendment. The plan commission may take such action at the same meeting or choose to continue the proceedings at a later date. The plan commission may request additional information as needed. The plan commission shall make a recommendation on the proposed zoning map amendment and forward it to the village board.

(b)

The recommendation shall consider the existing use of the property within the general area surrounding the subject property, the existing zoning of the subject property within the general area surrounding the subject property, the suitability of the property for the existing or proposed land use and the trend in the general area as related to development and zoning map amendments.

(Ord. of 4-3-2006, § 17.207)

After receiving the recommendation of the plan commission, the village board shall hold a public hearing on the proposed zoning map amendment, and, after the public hearing, shall make a decision on the proposed amendment.

(Ord. of 4-3-2006, § 17.207)

In the event that a valid protest petition is filed against a proposed zoning map amendment, such amendment shall not become effective except by the favorable vote of three-fourths of the board members voting on the proposed amendment. A protest petition shall be considered valid if signed and acknowledged by any of the following:

(1)

At least 20 percent of the landowners whose land is included in the application;

(2)

At least 20 percent of the adjacent landowners to the subject property and also extending within 100 feet of the outer boundary of the subject property; or

(3)

At least 20 percent of the landowners directly across the street from the subject property and extending 100 feet from the street frontage of such opposite land.

(Ord. of 4-3-2006, § 17.207)

If an application for a zoning map amendment is denied by the village board, no application may be filed with the village for a rezoning of the same property or a portion thereof within one year of denial, unless the application is for a less intense zoning classification than previously denied.

(Ord. of 4-3-2006, § 17.207)

The fee for a zoning map amendment shall be as established in appendix A to this Code.

The board of zoning appeals shall be authorized to hear and decide appeals to any order, condition, decision or determination made by the zoning administrator in the administration or enforcement of this chapter.

(Ord. of 4-3-2006, § 17.210)

The owner of the subject property, any person aggrieved by the decision or interpretation, the plan commission, or the village board may initiate procedures for an appeal of an administrative decision or interpretation.

(Ord. of 4-3-2006, § 17.210)

Applications for appeals shall be submitted to the board of zoning appeals within 30 days of the decision being made. The application shall include necessary documentation to illustrate the nature of the appeal, including a signed and dated written statement indicating the justification for an appeal. The zoning administrator shall forthwith transmit to the board of zoning appeals all of the documents constituting a record upon which the action being appealed from was taken.

(Ord. of 4-3-2006, § 17.210)

A class 1 newspaper notice of the board of zoning appeals public hearing shall be issued in accordance with the notice requirements of this chapter.

(Ord. of 4-3-2006, § 17.210)

The board of zoning appeals shall hold a public hearing within 15 days of receipt by the village of the notice of appeal. The board of zoning appeals may request additional information as needed from the zoning administrator or the applicant. The board of zoning appeals may reverse or affirm entirely or partially or condition the decision of the administrative official. Final action shall be followed by a written report including a formal finding of fact developed by the board of zoning appeals concerning the request. The board of zoning appeals shall make its final determination within 20 days of the public hearing, and shall mail or deliver to the applicant its written determination.

(Ord. of 4-3-2006, § 17.210)