Coloma Village City Zoning Code
§ 480-3
General provisions.
Compliance. Except as may be otherwise provided, the use, size, height and location of buildings now existing or hereafter erected, converted, enlarged or structurally altered, the provisions of open spaces, and the use of land shall be in compliance with the regulations established herein for the district in which such land or building is located.
Site restrictions.
Principal structures. All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved onto a lot.
Yard maintenance.
All required yards shall be kept clear and free from the accumulation of debris, refuse and noxious weeds.
Materials including, but not limited to wood, bricks, broken concrete, cinder block, inoperable vehicles, machinery or parts, refrigerators, furnaces, washing machines, dryers, stoves, or other unsightly debris which tend to depreciate property values in the area or create a nuisance or hazard shall not be allowed on any property by the owner or occupant, except when such materials are properly housed inside or out of public view.
Lots in residentially developed areas shall be kept free, by the owner or occupant, of dirt piles, rubble and any other material or conditions which might hinder maintenance of the property, except that dirt piles used for landscaping purposes shall be leveled and said areas seeded for grass within 30 days of date of delivery of the dirt.
Building maintenance.
The exterior of every structure or accessory structure, residential and non residential, shall be maintained by the owner or occupant in good repair and all surfaces shall be kept painted or covered with exterior siding material intended for that use by the manufacturer for purposes of preservation and appearance. The same shall be maintained free of broken or missing siding, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance.
Fences.
Fences in residential districts cannot exceed six feet in height from grade.
Fences in commercial and industrial districts shall not exceed eight feet in height.
Fences cannot be in the front yard except when they are 36 inches or less in height, in compliance with vision clearance regulations, and more than 50% of their bulk is air space. Fences may be placed adjacent to the lot line in side and rear yards. Fences shall not be placed within the public right-of-way.
Fences must be kept in good repair with decorative sides facing outward.
Fences constructed of barbed wire or concertina wire are prohibited.
Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located.
Dedicated street. Building permits shall only be issued for a lot which abuts a public street dedicated to its proposed width. Exceptions may be made in the following circumstances:
Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be not less than the average of the street yards required in both districts.
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Coloma Village Board upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he/she so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Coloma Village Board.
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure. Consequently, no portion of any deck or porch should be located in the required setback area.
Use regulations.
Uses restricted. In any district, no building or land shall be used and no building shall be hereafter erected, structurally altered or relocated except, for one or more of the uses as hereinafter stated for that district and in compliance with the regulations hereinafter established for that district.
Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening caretaker, and owner's quarters not for rent; residential rental quarters in the Community Commercial District, private swimming pools; and private emergency shelters.
Location. Accessory uses and structures are permitted in the side and rear yard only. They shall not be closer than 10 feet to the principal structure, shall not exceed 18 feet in height, shall not occupy more than 25% of the side or rear yard area.
Accessory uses and structures shall not be closer than 10 feet to any lot line, except no closer than three feet to any lot line in R-1 and C-2 Districts.
Any accessory building, structure or use on a corner lot, a reversed corner lot or a through lot shall be set back from the property lines adjoining a street the distance required for a front yard, unless otherwise required herein for a specific permitted or conditional use.
Temporary uses. Uses such as real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Plan Commission.
Unclassified uses. In case of a question as to the classification of a use, the question shall be submitted to the Plan Commission for determination.
Area restrictions.
Joint use. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
Substandard lots. In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the Waushara County Register of Deeds Office before the effective date of this chapter. Required yards shall only be modified upon appeal to the Board of Appeals. Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership, all the district requirements shall be complied with as practical.
Two or more uses on one lot. When two or more permitted or conditional uses are provided in the same building or on the same lot, except for accessory uses, the required minimum lot area, setback and yard requirements shall be the largest which would be required for any of the uses individually. Minimum off-street parking requirements shall be the total of that required for each use on the lot.
No lot shall be divided or reduced in area or the dimensions changed so as to not meet the provisions of this chapter. Any change of lot size or dimension must be done by a certified survey map (CSM) approved by the Coloma Village Board.
Through lots. On through lots, both street right-of-way lines shall be front lot lines, and front yard setbacks shall apply. For purposes of siting accessory buildings and other yard obstructions, the requirements for rear yards may be applied to one front yard area, as determined by the Plan Commission, in each individual case.
Yard regulations.
Average front yard setback. The required front yards may be decreased by variance in residential and commercial districts to the average of the existing front yards of the abutting structures on each side but in no case less than 15 feet in residential areas.
Frontage and lot width. The frontage may be reduced to 40 feet for lots abutting the exterior street line of curved streets or culs-de-sac, provided the side lot lines are perpendicular to the street lines and the lot widens to the required width not more than 100 feet from the street line.
Yard modifications. The yard requirements specified elsewhere in this chapter may be modified as follows:
Uncovered stairs, landings and fire escapes may project a maximum of six feet into any yard and not closer than three feet to any lot line.
Residential fences may be permitted on rear and side yard property lines, the height not to exceed six feet, except that between any street line and the setback line for said street, the height shall not exceed three feet. Fences in residential districts shall be attractive and have the smooth side out.
Security fences are permitted to the property lines in districts other than residential, but not to exceed eight feet in height.
Off-street parking is permitted to the property lines in districts other than residential, but shall not intrude upon the visual clearance triangle.
Landscaping and vegetation are exempt from the yard requirements, but shall not intrude upon the visual clearance triangle.
Screening in or on a yard. The following regulations are applicable to all zoning districts except R-1, R-2, and R-3:
Any outdoor refuse or recyclable storage area shall be located in the side or rear yard and shall be screened from view. The screening will consist of fencing or landscaping, and shall comply with the following standards:
Visual clearance. In each quadrant of every street intersection, there shall be designated a vision clearance triangle bounded by the inner street lines and a line connecting them 25 feet from their intersection. Within this triangle, no object shall be allowed above the height of 2 1/2 feet above the streets if it obstructs the view across the triangle. This provision shall not apply to tree trunks, posts or wire fences.
Sewage disposal requirements. Sewage disposal facilities shall be connected to the sewage disposal system of the Village, per § 401-2 of Chapter 401, Sewer Utility, of the Code of the Village of Coloma. In any district where public sewage service is not available, no building permit shall be issued unless the width and area of the lot are sufficient to permit the use of an on-site sewage disposal system designed in accordance with the rules of the Department of Safety and Professional Services contained in Ch. SPS 385, Wis. Adm. Code. In no case, however, shall the minimum lot size required in the zoning district in which such structure is to be located be reduced below the specified minimum.[2]
Mobile homes, trailers, boats, snowmobiles, etc.
Except as otherwise set forth in this section, mobile homes, travel trailers or camping trailers shall not be occupied for dwelling purposes except in a lawfully established mobile home park or tourist camp. No more than one camping trailer, travel trailer or motor home may be parked or stored in the open on a lot in a residential district and then only at the side or rear of the principal building.
Temporary parking and use of a mobile home or trailer shall be permitted when a temporary permit has been issued by the Zoning Administrator for the following purposes:
Use for a temporary office or for storage incidental to and only for the period of construction of a building development, provided such mobile home or trailer is located on the same or contiguous lot as said building development and moved within five days of the end of construction or upon notice by the Zoning Administrator.
Use as an interim dwelling during construction of a permanent residence or in the event a permanent residence has been damaged or destroyed, provided such mobile home or trailer is located on the same or contiguous lot and moved within five days of the end of construction or upon notice by the Zoning Administrator.
Any temporary permit issued under the provisions of this section shall expire in 12 months from the date of issuance but may be extended for up to 12 additional months, for cause, by the Zoning Administrator. The request for extension must be made in writing and state the causes that require an extension; the Zoning Administrator's approval of the extension must also be made in writing.
A camping trailer, travel trailer or motor home may be parked and used for temporary lodging on a lot containing a dwelling for a period not to exceed 30 days in a calendar year.
Boats, snowmobiles, cargo trailers, recreation vehicles and similar vehicles may be parked or stored in the open when customary in the operation of a lawfully established principal use, and one such vehicle may be stored or parked on a residential lot, provided that it is not located in any required front yard and no major repair, disassembly or rebuilding operations are conducted thereon.
No more than one motorized vehicle at a time may be offered for sale by owner on a residential lot.
Height regulations exemptions. The district height limitations stipulated elsewhere in this chapter may be exceeded but the modification shall be limited as follows:
Architectural projections, such as church spires, belfries, cupolas, domes, and chimneys, shall not exceed in height their distances from the nearest lot line.
Communication structures, such as transmission towers, radio towers, aerials and observation towers, shall not exceed in height their distance from the nearest lot line.
Special structures, such as elevator penthouses, grain elevators, manufacturing equipment, substations, and smokestacks, shall not exceed in height their distance from the nearest lot line.
Electric power and communication transmission lines and municipal utility towers are exempt from the height limitations of this chapter.
Public buildings, such as schools, churches, hospitals, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased one foot for each foot the structure exceeds the district's maximum height requirement.
Wireless communications facilities. Subject to § 66.0404, Wis. Stats., the following shall be minimum standards for the location and operation of wireless communication facilities:[3]
The applicant must prove that it is not feasible to build on an existing structure.
The applicant must comply with all other applicable regulations, including FAA and FCC requirements and state building codes.
The applicant must agree to lease any additional space available to other companies at a fair market rate.
The Plan Commission may place any reasonable conditions on any approval of a wireless communications facility including, but not limited to lighting, collation, and fencing.
Wireless communications facilities shall be set back from the nearest property lines a distance no less than 1.1 times their total height, unless:
Appropriate easements are secured from the adjacent property owners; or
The owner of said structure demonstrates to the satisfaction of the Village that said structure is engineered to collapse upon itself, rather than tip, upon structural failure. With verification of such properties being acceptable to the Plan Commission and the Village Board, the setback from the adjacent property lines shall be not less than 1/2 times the structure's total height.
Emergency contact information must be posted at every wireless communications facility site and filed with the Village of Coloma Police Department.
Upon cessation of the operation of the tower, the tower and other improvements to the property shall be removed. The applicant shall furnish sureties which will enable the Village to remove such improvements if the applicant/owner fails to do so. The amount of such sureties shall be determined by the Plan Commission. The form and type of such sureties shall be approved by the Village legal counsel. Such fiscal surety shall be for a period not to exceed five years and will be renewed thereafter upon a favorable review of the operation and maintenance of such facility by the Plan Commission and legal counsel and updated cost estimates furnished by the applicant.
Any addition or alteration to any existing tower established prior to the effective date of adoption of this section shall be required to meet the provisions of this section before a permit is issued for such addition or alteration.
Nonconforming uses, structures, and lots.
Existing nonconforming uses.
The lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; however,
Only that portion of the land in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or in order to comply with the provisions of this chapter.
Total lifetime structural repairs or alterations shall not exceed 50% of the Village's assessed value of the structure's at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter.
If a landowner can establish that a nonconforming structure was damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation, the structure may be reconstructed or repaired to the size, location and use it had immediately before the damage occurred, subject to the following conditions:
Damage due to a deliberate act or due to general deterioration or dilapidated condition may not be reconstructed or repaired except in conformance to this chapter.
Stormwater runoff and erosion control measures and filling and grading must conform to this chapter and statute.
The landowner bears the burden of proof as to the size, location or use of the destroyed or damaged structure immediately before the damage or destruction occurred.
Repairs are authorized only to the extent necessary to repair the specific damage caused, and only that portion of the nonconforming structure damaged or destroyed may be reconstructed.
A current file of all nonconforming uses shall be maintained by the Village Clerk/Treasurer, under the direction of the Zoning Administrator, listing the following: owner's name and address, address of the site, use of the structure, land or water, and assessed value at the time of its becoming a nonconforming use.
Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and/or access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or in order to comply with the provisions of this chapter.
Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.
Permits.
Purpose of permits. The primary purpose of issuing permits is to insure compliance with provisions of this chapter.
Building permit. No structure shall be built, moved or structurally altered until a building permit has been issued by the Zoning Administrator. The requirements for a building permit are further clarified in § 207-1 of the Code of the Village of Coloma. Any project which will be required by state statute to conform to the State of Wisconsin Uniform Dwelling Code will also require a permit from the contracted building inspection service.
Conditional use permit. When the use being applied for is listed as a "conditional use," the Zoning Administrator shall issue a conditional use permit in lieu of the building permit. This permit shall be issued only after approval from the Plan Commission, after a public hearing and after provisions of § 480-11, Conditional uses, of this chapter have been complied with. The Plan Commission may attach certain conditions that shall be met as a condition of approving the permit.
Application procedure. Applications for a building permit, or a conditional use permit, shall be made in duplicate to the Zoning Administrator on forms furnished by the Clerk/Treasurer's office and shall include the following where applicable:
Names and addresses of the applicant, owner of the site, architect, professional engineer and/or contractor.
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 occupants or employees; and the zoning district within which the subject site lies.
A location sketch prepared by the applicant if the subject site is not part of a recorded subdivision or plat survey prepared by a registered land surveyor, showing 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; off-street parking, loading areas and driveways; existing and proposed streets; and side and rear yards.
Proposed sewage disposal plan if Village sewerage service is not available. This plan shall be approved by the contracted Building Inspector who shall certify in writing that satisfactory, adequate and safe sewerage disposal is possible on the site in accordance with applicable local, county and state regulations.
Proposed water supply plans if municipal water service is not available. This plan shall be approved by the contracted Building Inspector who shall certify in writing that an adequate and safe supply of water will be provided.
Additional information as required by the Plan Commission or Zoning Administrator.
The Plan Commission may request the Village Board to approve a deposit of funds from the applicant that it deems sufficient for the Plan Commission to retain a registered professional engineer, architect, or landscape architect, or other professional consultants to advise the Commission on any or all aspects of a conditional use or rezoning application review. The full and complete cost of this advice shall be borne by the applicant. Any money which is deposited but not used in the review of the application shall be returned to the applicant.
Expiration. An application for a building permit shall be granted or denied, and the reasons for such denial shall clearly appear upon the face of the notification of denial. The permit shall expire within one year of issue. Further work will require a new permit. Any permit issued in conflict with the provisions of this chapter shall be null and void.
Certificate of compliance.
No building, or addition thereto, constructed after the effective date of this chapter, and no addition, alteration, reconstruction, extension, enlargement, conversion or structural alteration to a previously existing building shall be occupied or used for any purpose until a certificate of zoning compliance has been issued by the office of the contracted Building Inspector. Every certificate of zoning compliance shall state that the use or occupancy complies with all provisions of this chapter and the State of Wisconsin Uniform Dwelling Code.
No certificate of zoning compliance for a building, or portion thereof, constructed after the effective date of this chapter, shall be issued until construction is substantially completed and the premises inspected and certified by the office of the contracted Building Inspector and the Zoning Administrator to be in conformity with the plans and specifications upon which the building permit was issued.
Site plan.
Purpose and submission. A site plan shall be filed and approved by the Plan Commission prior to the issuance of a building permit in the commercial and industrial zones, and in residential districts where called for in the Land Use and Activities Table.[5] This site plan shall be submitted to the Zoning Administrator, who shall enter the date of the receipt upon the copy and retain it in his files. The purpose of the site plan review is to assure input by the Plan Commission on matters of site design, access, building design, and circulation of vehicles and pedestrians in the developments within these districts.
[5]
Editor's Note: The Land Use and Activities Table is included as an attachment to this chapter.
Requirements. The preliminary site plan shall contain maps and drawings of a suitable scale to indicate the following items, as applicable or as required by the Plan Commission.
Topography of the site including slopes, drainagecourses and elevations of the proposed building sites.
Existing tree and vegetative cover.
The normal high-water elevation of abutting navigable waters and the proposed waterline.
The exact location of the lot lines and the area of the lot.
The site of all proposed structures and buildings on the subject property including underground and surface storage areas, sanitary facilities and the location of all structures and buildings within 100 feet on adjoining properties.
The proposed uses.
The engineering design for all work in respect to waterways or to floodproofing.
The dimensions and location of areas to be graded including the original and final elevations of the area.
The location and dimensions of areas to be filled including the original and final elevations and the type of fill material to be used.
Landscaping including proposed tree cutting and/or walls or fences used for screening.
Design of the ingress and egress.
Off-street parking.
Height of all structures where height standards prevail.
The locations and types of all signs.
Locations and widths of existing and proposed rights-of-way.
All commercial and industrial projects will require state approved building plans.
Approval. A site plan may be approved or conditionally approved or denied by the Plan Commission, provided the site plan conforms to all applicable provisions of this chapter and the administrative policies of the Village Plan Commission.
Exemptions.
The following uses are exempted by this chapter and permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipe, mains, valves or any other similar distributing equipment for telephone or other communications and electric power, gas, water and sewer lines.
The provisions regarding filling, grading, tree cutting and work in respect to waterways shall not apply to the construction and repair of public roads, flood control structures, or conservation practices such as, terracing, installation of diversions, grass waterways, subsurface drainage, nonnavigable drainage ditches, stream stabilization by riprapping or vegetative cover, ponds used for agricultural purposes or nonfloating docks accessory to private dwellings.
Violations and enforcement.
Every structure, fill, building, dwelling or use constructed, placed or maintained in violation of this chapter is deemed a public nuisance, and the construction, placement or creation of such nuisance may be enjoined, and the maintenance of such nuisance may be abated by an action instituted in Circuit Court by the Village to enjoin the construction or continued maintenance of such structure, fill, building, dwelling or use.
Owners of lands or properties, occupiers of land or premises, and agents of owners or occupiers including, without limitation because of enumeration, contractors, surveyors, plumbers, installers, soils technicians, or their agents, or lending institutions and insurers or their agents are responsible for compliance with all provisions of this chapter which bear upon their area of competency and responsibility.
In the case of any violation, the Village Board, the Zoning Administrator, contracted Building Inspector, or the Village Plan Commission may institute appropriate action or proceeding to enjoin a violation of this chapter.
If upon inspection or investigation, the Zoning Administrator becomes aware of a condition which is, or likely will become, unlawful, the Zoning Administrator or contracted Building Inspector shall notify the parties to the situation who are deemed to be responsible and potentially liable. Such notice shall include:
A demand that the condition that is alleged to constitute the present or potential violation be halted, prevented from occurring or remedied; or
A statement that a complaint on the condition and request for prosecution has been or will be transmitted to the Village Attorney and/or to enforcement officials, state agencies, or both.
Hearings. Parties served notice and interested parties will be given an opportunity to offer testimony in a public hearing before the Plan Commission. Class 2 notice shall be given as per § 985.07, Wis. Stats.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter shall be given written notice of such by the Zoning Administrator. The responsible party shall have 30 days to comply or appeal in writing to the Village Clerk/Treasurer for a hearing with the Board of Appeals. The appropriate fee shall be included with the appeal. If the Board of Appeals upholds the notice of violation, the party shall comply within 10 business days of such notice. Upon continued failure to comply, the responsible party shall forfeit not less than $20 per day for the first 10 days the violation exists or continues. If the violation continues after 10 days, the responsible party shall forfeit not less than $50 per day for each additional day the violation continues. In default of payment of such forfeiture and costs, the responsible party may be imprisoned in the Waushara County Jail until payment thereof, for a period not to exceed 30 days.
As a substitute for, or in addition to forfeiture actions, the Village may, after proper notice, cause the violation to be abated. The cost of abatement shall be chargeable to and assessed against the property affected.
Execution against defendant's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the court for violation of any ordinance of the Village, the court may, in lieu of imprisonment, or after release from custody, issue an execution against property of the defendant for said forfeiture and costs.
As a substitute for, or in addition to, forfeiture actions, the Village Attorney may, on behalf of the Village, seek enforcement of any and all parts of this chapter by court actions seeking injunction or restraining orders.
Where a conditional use, variance, planned development or design review has been approved subject to specified conditions, and where such conditions are not complied with, the Zoning Board of Appeals may conduct a hearing upon a petition submitted by any interested party or by the Zoning Administrator to revoke the approval. A finding of noncompliance with the conditions imposed shall be grounds for revocation.
Conditions placed on rezonings, approvals or permits may include requirement of bonds or similar surety arrangements to assure performance of required obligations.
Plan Commission. Changes and Amendments.
Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village Board may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments hereto. Such change or amendment shall be subject to the review and recommendation of the Village Plan Commission.
Initiation. A change or amendment may be initiated by the Village Board, Village Plan Commission or by petition of one or more of the owners or lessees of the property within the area proposed to be changed.
Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village Clerk/Treasurer, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and, where applicable, have attached the following:
Plat plan. Plat plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classifications or adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.
Owners. Owner's names and addresses of all property lying within 200 feet of the area proposed to be rezoned.
Additional information. Additional information required by the Village Plan Commission or Village Board.
Hearings and recommendation.
The Plan Commission shall establish a date for public hearing. Class 2 notice shall be given prior to such hearing.
At least 10 days' prior written notice shall be given by ordinary mail to owners of record of all lots or parcels within 300 feet of the property. At least 10 days' written notice shall be given to the clerk of any municipality whose boundaries are within 300 feet of any lands affected by a proposed change in zoning district boundaries.
The Plan Commission shall issue its recommendations on the proposed amendment to the Village Board within 60 days of referral to the Commission. Failure of the Plan Commission to act within 60 days shall allow the Village Board to proceed with a hearing and action.
Village Board's action. After careful consideration of the Village Plan Commission's recommendations, the Village Board shall vote on the passage of the proposed change or amendment. Where allowed by Wisconsin Zoning Law, rezonings may have conditions placed upon them where the Village Board believes it is necessary to achieve the public interest and intent of this chapter.
Protest. In the event of protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent, extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the full Village Board membership.[7]
Appeal of the Village Board action in regards to zone changes within the Village of Coloma shall be made directly to, and only to, the Waushara County Circuit Court by writ of certiorari.
Appeals of interpretations of the Zoning Administrator.
Appealable matters. Decisions by the Zoning Administrator that consists of interpretations of the terms of the Coloma Zoning Ordinance as it pertains to whether a permit will be issued are appealable to the Zoning Board of Appeals. Decisions by the Zoning Administrator to issue an enforcement demand or to commence other enforcement activities are appealable to the Zoning Board of Appeals.
Procedures.
An appeal may be initiated by any person aggrieved by the decision or interpretations being appealed, or by any officer, department, board or committee of the Village government.
An appeal shall be commenced within 30 days after the decision or interpretation is made.
An appeal may be commenced by filing with the Village Clerk/Treasurer a notice of appeal, identifying the decision being appealed, the grounds for relief, and payment of applicable fees. The Zoning Administrator shall notify the Zoning Board of Appeals and transmit to the Board of Appeals all records pertinent to the decision being appealed.
An appeal of a decision to issue a permit or approval or to issue an enforcement demand or to commence enforcement proceedings shall cause the permit or approval to be suspended or stay further enforcement proceedings, unless the Zoning Administrator or Village Attorney files with the Zoning Board of Appeals a certificate alleging that suspension or stay will cause imminent peril. If such a certificate is filed, proceedings shall not be stayed except by restraining order issued by a court or the Zoning Board of Appeals.
Following the procedures specified in § 62.23(7)(e), Wis. Stats., the Zoning Board of Appeals shall decide the matter based upon whether the decision, determination, or interpretation being appealed was in error. The Board may reverse or affirm, wholly or partly, or may modify the decision appealed from, or may make such decision as ought to have been made, and to that end shall have all the powers of the officer from whom the appeal is taken.
Variances.
A variance is an authorization granted by the Board of Appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of the chapter. Relief from dimensional standards may be granted where for a specific property, owing to special or peculiar conditions, a literal enforcement of the chapter will result in exceptional difficulty or unnecessary hardship. Said relief shall allow the spirit of the chapter to be observed.
Applications for variances in zoning regulations may be filed by any party having a property interest in the property in question, along with payment of the applicable fee, to the Village Clerk/Treasurer. The Clerk/Treasurer shall transmit the application to the Zoning Board of Appeals.
The Board of Appeals may request any information deemed necessary to aid in a decision, including but not limited to a site plan or plat and verification of property lines and building locations, by certified survey map, if necessary.
Following the procedures set forth in § 62.23(7)(e), Wis. Stats., the Zoning Board of Appeals shall decide the matter based upon the following standards.
No variance may be granted that would have the effect of allowing a use that would violate state law or administrative rules.
The Board of Appeals must find that the variance will not be contrary to the public interest.
When considering a dimensional standard variance that will not involve a significant change in the character of the district, the hardship/difficulty test is whether compliance with the strict letter of the restrictions would unreasonably prevent the owner from using the property for an allowed purpose or would render conformity unnecessarily burdensome.
When a dimensional variance would, if approved, cause significant change in the character of the district, the hardship/difficulty test is whether, in absence of approval, no feasible use can be made of the property.
Use variances (variances allowing a use not specified for that district by this chapter) are not permitted.
The granting of a variance to construct a building or structure or other use shall expire within six months after the decision of the Zoning Board of Appeals unless a building permit has been issued or the use has commenced.