Clyman City Zoning Code
ARTICLE XII
Administration
§ 440-79 General administrative system.
This chapter contemplates an administrative and enforcement officer entitled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and Zoning Map, and amending the text of this chapter require review and action by the Village Board. A Zoning Board of Appeals is provided to assure proper administration of this chapter and to avoid arbitrariness.
§ 440-80 Zoning Administrator.
A.
The Zoning Administrator is hereby designated as the primary administrative officer for the provisions of this chapter, and shall be referred to as the "Zoning Administrator." The Zoning Administrator shall be appointed by resolution of the Village Board. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue all permits required by this chapter. The Zoning Administrator shall further:
(1)
Issue all zoning certificates and make and maintain records, which records shall be maintained in the Village hall.
(2)
Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter.
(3)
Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor.
(4)
Provide and maintain a public information function relative to all matters arising out of this chapter.
(5)
Receive, file and forward to the Village Clerk-Treasurer all applications for amendments to this chapter.
(6)
Receive, file and forward to the Village Board all applications for conditional uses.
(7)
Receive, file and forward to the Board of Appeals all applications for appeals, variances, or other matters on which the Board of Appeals is required to act under this chapter, and shall attend all Board of Appeals meetings to provide technical assistance when requested by the Village Board.
(8)
Initiate, direct and review from time to time a study of the provisions of this chapter, and make recommendations to the Village Board not less than once a year.
B.
Due to the size of the Village of Clyman, it may not be feasible to find a suitable person willing to take on the responsibility of being Zoning Administrator on a part-time basis. It is therefore provided that the function of the Zoning Administrator can be delegated to a committee of the Board, to another Village official, or a single member of the Board or the Village President. An officer other than a Board member or another employee of the Village may also be designated to handle the duties of Zoning Administrator on a part-time basis in addition to the other duties performed by such person.
§ 440-81 Role of specific Village officials in zoning administration.
A.
Village Board. The Village Board, the governing body of the Village, subject to the holding of public hearings by said Board, has ultimate authority to make changes and amendments in zoning districts, the Zoning Map and supplementary Floodplain Zoning Map, and to amend the text of this chapter.
§ 440-82 Building/zoning permit.
A.
Building/zoning permit required. No building/zoning permit for a new structure, new use of land, water or air, or change in the use of land, water or air shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered unless the application for such permit has been examined by the office of the Zoning Administrator and has been issued indicating that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all of the provisions of this chapter.
B.
Application. Applications for a building/zoning permit shall be made to the Zoning Administrator and shall include the following where pertinent and necessary for proper review:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.
(2)
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3)
Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing such of the following as may be required by the Zoning Administrator: the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; public utilities; off-street parking, loading areas and driveways; existing highway access restrictions; high water; channel, floodway and floodplain boundaries; and existing and proposed street, side and rear yards.
(4)
Additional information as may be required by the Zoning Administrator or Village Board.
C.
Action.
(1)
A building/zoning permit shall be granted or denied, in writing, by the Zoning Administrator within 30 days of application, and the applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within 12 months unless substantial work has commenced or within 12 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the application shall reapply for a building/zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 440-83 Occupancy permits required.
A.
Occupancy permits required. No vacant land hereafter developed; no building hereafter erected, relocated, moved, reconstructed or structurally altered; and no floodplains hereafter filled, excavated or developed shall be occupied or used until an occupancy permit has been issued by the Village. Such occupancy permit shall show that the structure, premises or use is in conformity with the provisions of Village zoning and building code ordinances.
B.
Application.
(1)
Applications for an occupancy permit shall be made to the Village Clerk-Treasurer, Building Inspector or their designee and shall include the following where pertinent and necessary for proper review:
(a)
Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.
(b)
Description of the subject site by lot, block and recorded subdivision or by other acceptable description; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(c)
Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing such of the following if required by the Village Clerk-Treasurer, Building Inspector or their designee: the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; public utilities; off-street parking, Loading areas and driveways; existing highway access restrictions; high water; channel, floodway and floodplain boundaries; and existing and proposed street, side and rear yards.
(d)
Additional information as may be required by the Village Clerk-Treasurer, Building Inspector or their designee.
(e)
Payment of any required permit fee.
(2)
Application for a certificate of compliance in the floodplain districts shall include certification by a registered professional engineer or land surveyor that the plans therefor will fully comply with the floodplain regulations set forth in Village ordinances before the permit shall be issued, further, such certification by an engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.
C.
Existing uses. Upon written request from the owner, the Zoning Administrator may issue an occupancy permit for any building or premises existing at the time of the adoption of this chapter, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of Village zoning and building code ordinances.
§ 440-84 Site plan approval.
A.
Site plan approval. All applications for building/zoning permits for any construction, reconstruction, expansion or conversion in a business or industrial district shall require site plan approval by the Village Board in accordance with the requirements of this section.
B.
Application. The applicant for a zoning or building permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Village Board or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
C.
Administration. The Zoning Administrator shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the Village Board within 10 days. The Village Board shall review the application and may refer the application and plans to any expert consultants selected by the Village Board and/or Village Engineer to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Village Board shall authorize the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Village Board may impose conditions upon the issuance of site plan approval as it deems necessary to address the following issues:
(1)
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
(2)
The layout of the site with regard to entrances and exits to public streets the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site. The Village Board may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
E.
Effect on municipal services. Before granting any site approval, the Village Board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Village Engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Village Board shall not give final approval until the Village Board has entered into an agreement with the applicant regarding the development of such facilities.
§ 440-85 Violations and penalties.
A.
Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Village Board, the Zoning Administrator or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator 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, the Zoning Administrator or the Village Attorney may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in § 1-3 of this Code.