Darien City Zoning Code
CHAPTER 17
74 Administration and Enforcement
§ 17.74.010 Purpose of administrative regulations.
[Prior code § 17.1201]
The purpose of this chapter is to establish the administrative and enforcement framework for the application of this title.
§ 17.74.020 Zoning Administrator.
[Prior code § 17.1202]
A.
Designation. The Village Clerk or designee(s) of the Village Clerk is designated as the administrative and enforcement officer for the provisions of this title and is also herein referred to as the Zoning Administrator. The duty of the Zoning Administrator, or a designee of the Zoning Administrator, is to interpret and administer this title and to issue, after on-site inspection, all permits required by this title.
B.
Duties. The provisions of this title shall be administered and enforced by the Zoning Administrator or a designee, who in addition thereto and in furtherance of the authority shall:
1.
Receive, file, and forward all applications for any and all procedures governed by this title to the designated official bodies;
2.
Maintain permanent and current records of this title, including but not limited to all maps, amendments, conditional uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications therefor;
3.
Make available to the public, to the fullest extent possible, all reports and documents concerning the Village's comprehensive plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The Village Board may set fees necessary to recover the cost of providing information to the public;
4.
Determine that all building permits and certificates of occupancy comply with all provisions of this title;
5.
Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this title;
6.
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him or her to ensure compliance with this title. If, however he or she is refused entry after presentations of his or her identification, he or she may procure a special inspection warrant in accordance with Section 66.122 of the Wisconsin Statutes. Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this title;
7.
Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered, or improved in the floodland districts;
8.
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection;
9.
Determine that all zoning text amendments, zoning map amendments, conditional use permits, sign permits, site plans, detailed site analyses, variances, and interpretations of this title comply with all provisions of this title;
10.
Where useful, the Zoning Administrator, or his or her agent, may set marks on bridges or buildings or other markers which show the depth of the regional flood; or may set marks delineating the boundaries of wetlands;
11.
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this title to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village attorney in a manner specified by him or her;
12.
Institute, in the name of the Village, any appropriate actions or proceedings against a violator of this title, as provided by law;
13.
Request assistance and cooperation from the Village police department and Village attorney, as deemed necessary;
15.
Grant minor variations from the dimensional (setback, height, and area requirements of this title; up to a maximum variation of 10% for setbacks and height requirements (whichever is less)); so long as the spirit and intent of the performance standards are preserved.
§ 17.74.030 Plan Commission.
[Prior code § 17.1203]
The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the Village to the Village Board, other public officials and other interested organizations and citizens. The commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys.
In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this title, its functions are primarily recommendatory to the Village Board pursuant to guidelines set forth in this title as to various matters, and, always, being mindful of the intent and purposes of this title. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.
§ 17.74.040 Zoning Board of Appeals.
[Prior code § 17.1204]
The Zoning Board of Appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this title (see Section 17.72.080); or appeals regarding an interpretation of the Zoning Administrator of the provisions of this title (see Sections 17.72.090 and 17.72.100).
A.
Establishment and Membership. A Zoning Board of Appeals is established. The Zoning Board of Appeals shall consists of five members appointed by the Village President, subject to confirmation by the Village Board, for three years, except that of those first appointed, one shall serve for one year; two for two years. The members shall serve without compensation and shall be removable by the Village President for cause upon written charges and after public hearing. The Village President shall designate one of the members chairperson. The Village President shall appoint subject to confirmation of the board for staggered terms of three years, two alternate members of such board, in addition to the five members above provided for. Annually, the Village President shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board refuses or declines to vote, is disqualified because of interest, or when a member is absent. The second alternate shall so act when the first alternate so refuses or declines to vote, is disqualified because of interest or is absent or when more than one member so refuses or declines, is disqualified, or is absent. Other provisions herein appearing, with regard to removal and filling of vacancies, shall apply to such alternates. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. Appointments shall be made at the organizational meeting the Third Tuesday in April. Terms of office shall commence the first day of May. The Village Clerk shall serve as secretary of the board. The Board of Appeals may employ other employees.
B.
Organization. The Board of Appeals shall adopt rules for its government and procedure. Meetings of the Board of Appeals shall be held at the call of the chairperson, and at such other times as the Board of Appeals may determine. The chairperson, or in his or her absence an elected acting chairperson, may administer oaths and compel the attendance of witnesses. All meeting shall be open to the public.
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each questions, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Appeals, which is the Village Clerk's office, and shall be a public record.
C.
Powers.
1.
The Board of Appeals shall have the following powers:
a.
To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator;
b.
To hear and decide special exceptions to the terms of this title upon which the Board of Appeals is required to pass;
c.
To authorize, upon appeal in specific cases, such variance from the terms of this title as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done;
d.
Permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this title, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
2.
In exercising the above listed powers, the Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Administrator or other administrative officer from whom the appeal is taken. The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination appealed from or to decide favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this title.
3.
In addition to the foregoing powers, the Board of Appeals shall have the following specific powers:
a.
To interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan, as shown on the zoning map accompanying and made a part of this title, where the street layout actually on the ground varies from the street layout on the aforesaid map;
b.
The Board of Appeals shall have the power to call on any other city department for assistance in the performance of its duties and it shall be the duty of such other departments to render such assistance as may be reasonably required.
4.
Except as specifically provided, no action of the Board of Appeals shall have the effect of permitting in any district uses prohibited in such districts.
D.
Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the administrative officers. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Appeals, by filing with the officer(s) from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Village Board. The officer(s) from whom the appeal is taken shall forthwith transmit to the Board of Appeals all papers constituting the record of appeals upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest, and shall decide to same within a reasonable time.
E.
Notice of Hearing. The Board of Appeals shall fix a reasonable time and place for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five five days prior to the hearing to the fee owners of record of all land within 300 feet of any part of the subject building or premises involved in the appeal.
F.
Hearings. Hearings on appeals shall be public and shall be conducted according to the rules of procedure adopted by the board. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Decisions of the board following public hearing may be made either in public or closed session as the board shall determine.
G.
Findings.
1.
Findings of fact and reasons for all actions taken shall be reduced by the board to writing in the minutes of the proceedings.
2.
In the case of appeal based on variance, for the same to be granted the findings shall affirmatively show the following together with the fact and the grounds therefor:
a.
A literal enforcement of the terms of the zoning ordinance would result in practical difficulty or unnecessary hardship to the appellant.
b.
The variance is not contrary to the public interest and will not endanger public safety.
c.
The variance is in accord with the spirit of the zoning ordinance.
d.
The variance will cause substantial justice to be done.
3.
Further to be considered by the board in case of appeal based on variance, in arriving at its reasons and grounds for the above required findings, are the following:
a.
Preservation of Intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.
b.
Exceptional Circumstances. There may be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general recurrent nature as to suggest that the zoning ordinance should be changed.
c.
Economic Hardship and Self-Imposed Hardship Not Grounds for Variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
d.
Preservation of Property Rights. Such variance may be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
e.
Absence of Detriment. Such variance should not create substantial detriment to adjacent property and shall not materially impair or be contrary to the purpose and spirit of this title or the public interest.
4.
Additional Requirements in Floodland Districts. No variance shall be granted when it is found:
a.
Filling and development contrary to the purpose and intent of the floodway district and the floodplain conservancy district would result.
b.
A change in the boundaries of the floodway district, floodplain conservancy district, or the floodplain fringe overlay district would result.
c.
A lower degree of flood protection than a point two feet above the one-hundred-year recurrence interval flood for the particular area would result.
d.
Any action contrary to the provisions of Subchapter NR-116 of the Wisconsin Administrative Code would result.
H.
Wetland and Floodland Mapping Disputes.
1.
Wetland Disputes. Whenever the Board of Appeals is asked to interpret a C-1 conservancy district boundary where an apparent discrepancy exists between the Village's final wetland inventory map and actual field conditions, the Village shall contact the Wisconsin Department of Natural Resources (DNR) to determine if the wetland inventory map is in error. If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the Board of Appeals shall direct the Village Plan Commission to initiate appropriate action to rezone the property within a reasonable amount of time.
2.
Floodland Disputes. Whenever the Board of Appeals is asked to interpret a floodland boundary where an apparent discrepancy exists between the Federal Flood Insurance Study and the actual field conditions, the following procedure shall be used. The floodland boundary shall be determined by use of the flood profiles contained in an engineering study, or where such information is not available to the Board of Appeals, the person contesting the location of the district boundary shall be given the opportunity to present his own technical evidence. Where it is determined that the floodplain is incorrectly mapped, the Board of Appeals shall advise the Village Plan Commission of its findings and the Plan Commission shall proceed to petition the Village Board for a map amendment.
I.
Decision. The Zoning Board of Appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, Zoning Administrator, and the Village Plan Commission.
1.
Conditions may be placed upon any zoning permit ordered or authorized by this board.
2.
Variances, substitutions, or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.
3.
Applicants receiving variances in floodlands shall be notified, in writing, by the Board of Appeals that increased flood insurance premiums and risk to life or property may result from the granting of the variance. The board shall keep a record of the notification in its files.
J.
Notice to the DNR. The Zoning Board of Appeals shall transmit a copy of each application for a variance to conservancy regulations in the lakeshore portion of the C-1 conservancy district or to the floodland regulations in a floodway, floodplain, or floodplain fringe district, and a copy of all C-1 and floodland appeals, to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to lakeshore conservancy regulations or to floodland regulations, and a copy of all decisions to lakeshore conservancy and floodland appeals, shall be transmitted to the DNR within 10 days of the date of such decision.
K.
Review by Court of Record. Any persons aggrieved by any decision of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision with the board.
§ 17.74.050 Fees.
[Prior code § 17.1205]
The following fees are established and required:
A.
Fees for Procedures Requested by a Private Party:
10.
Filing or Recording Fee with Village Clerk: $50.
12.
Residential Permit Fees (One and Two-Family Dwellings):
One- and Two-Family Dwellings: $65.
Additions and Alteration: $40.
Accessory Structures: $25.
Other (Deck, Fence Pool): $25.
Signs (for the first 20 square feet and $0.50/square feet thereafter): $25.
13.
Commercial Permit Fees:
Commercial Use/Buildings: $125.
Commercial Addition/Alteration: $85.
Commercial Accessory Structures: $50.
Change in Occupancy or Use: $25.
Gas/Fuel Tank (install or removal), plus actual recording fee.
NOTE: Municipality does not provide State Required Inspection.
* | Base fee may be modified by Subsection D of this section. |
B.
Fees for Procedures Requested by the Village of Darien. There shall be no fee in the case of applications filed in the public interest by the Village Board or the Plan Commission, other agency, or official of the Village.
C.
Payment of Fees. Fees shall be payable at the time applications are filed with the appropriate officer of the Village (per the requirements of this title), and are not refundable.
D.
Professional Consultant Review Services. The Village may retain the services of professional consultants (including planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the Village's review of a proposal coming before the Plan Commission. The Village may apply the charges for these services to the petitioner. The Village may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until such fees are paid by the petitioner. The submittal of a development proposal application or petition by a petitioner shall be construed as an agreement to pay for such professional review services applicable to the proposal. Review fees which are applied to a petitioner, but which are not paid, may be assigned by the Village as a special assessment to the subject property.
§ 17.74.060 Violations and penalties.
[Prior code § 17.1206]
A.
Violation of this Title. It is unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this title, or otherwise neglect, refuse or fail to comply with this title's requirements. Any person who violates or fails to comply with any of the provisions of this title shall, upon conviction thereof, be subject to the penalties set forth in Subsection B of this section and Chapter 1.08. In addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
B.
Penalties. Any person, firm, or corporation who fails to comply with the provisions of this title or any order of the Zoning Administrator shall, upon conviction thereof, forfeit not to exceed $1,000 together with the costs of prosecution for each violation. Each day a violation exists or continues shall constitute a separate offense.
C.
Village Promulgated Correction of Violation. In addition to any other penalty imposed by this title for a violation of the provisions of this title, the Village reserves and maintains the continued right to abate violations of this title.
1.
Hazardous Condition Caused by Violation of this Title. If the Zoning Administrator determines that a violation of this title exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall cause the violation to be abated. Costs associated with such abatement shall be charged to the owner of the property on which the violation has occurred per Subsection (C)(3) of this section. The Zoning Administrator is hereby authorized to abate a violation of this title.
2.
Nonhazardous Condition Caused by Violation of this Title. If the Zoning Administrator determines that a violation of this title exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall serve written notice by registered mail on the current owner of the property (as indicated by current Village tax records) on which the violation is occurring to remove the violation within 10 working days. If such violation is not removed within 10 working days, the Zoning Administrator shall cause the violation to be abated per Subsection (C)(1) of this section. Costs associated with the abatement shall be charged to the owner of the property on which the violation has occurred per Subsection (C)(3) of this section.
3.
Cost of Abatement. In addition to any other penalty imposed by this title for a violation of the provisions of this title, the cost of abating a violation of this title per Subsection (C)(1) or (2) of this section, shall be collected as a debt from the owner of the property on which the violation has occurred. An account of the expenses incurred by the Village to abate the violation shall be kept and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of the property owner by registered mail, and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter such charges onto the tax roll as a special tax as provided by State Statute 66.615(5).