East Troy City Zoning Code
ARTICLE XVI
Administration
§ 510-144 Purpose.
The purpose of this article is to establish responsibilities for the administration of this chapter and the enforcement procedures and penalties for noncompliance with the provisions of this chapter.
§ 510-145 Zoning Administrator. [1]
The Building Inspector and/or other designee of the Village Board is hereby designated as the administrative and enforcement officer(s) for the provisions of this chapter and is also herein referred to as the "Zoning Administrator." The general duty of the Zoning Administrator is to interpret and administer this chapter, as well as certain other Village of East Troy ordinances as indicated within those ordinances. With respect to this chapter, the Zoning Administrator shall have the following specific duties and responsibilities:
A.
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.
B.
Maintain permanent and current records 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.
C.
Receive, file, and forward all applications for all procedures governed by this chapter to the designated official bodies.
D.
Determine that all zoning permits, building permits, occupancy permits, sign permits, and site plans (and their constituent plans) comply with all provisions of this chapter.
F.
Grant minor variations from the dimensional (setback, height and area) requirements of this chapter, up to a maximum variation of 5% for setbacks and height limitations and up to a maximum variation of 5% or 1,000 square feet for area requirements (whichever is less), so long as the spirit and intent of this chapter are preserved.
G.
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters. The Zoning Administrator shall give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises and report uncorrected violations to the Village Attorney in a manner specified by him.
H.
Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter. The Zoning Administrator must be permitted access to premises and structures during reasonable hours to make inspections as deemed necessary by him to ensure compliance with this chapter. If the Zoning Administrator is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119(2), Wis. Stats. Where useful, the Zoning Administrator, or his 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.
I.
Institute, in the name of the Village of East Troy, any appropriate actions or proceedings against a violator of this chapter, as provided by law.
J.
Prohibit the use or erection of any structure, land, or water until he has inspected and approved such use or erection.
K.
Request assistance and cooperation from the Police Department and Village Attorney as deemed necessary.
§ 510-146 Plan Commission.
The Plan Commission, together with its other statutory duties, shall make recommendations relating to the planning and development of the Village to the Village Board, other public officials, and other interested organizations and citizens. The Plan Commission 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 chapter, its functions are primarily recommendatory to the Village Board pursuant to guidelines set forth in this chapter as to various matters, and always being mindful of the intent and purposes of this chapter.
§ 510-147 Village Board.
The Village Board, the governing body of the Village, subject to recommendations by the Plan Commission, has ultimate authority to make changes and amendments to this chapter and the Official Zoning Map.
§ 510-148 Zoning Board of Appeals.
A.
A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in the enforcement of this chapter. With respect to this chapter, the Zoning Board of Appeals shall have the following specific duties and responsibilities:
(1)
Hear and decide appeals where it is alleged that there is an error in any interpretation, order, requirement, decision, or determination made by the Zoning Administrator in the enforcement, administration, or interpretation of this chapter.
(2)
Hear and decide special exceptions to the terms of this chapter upon which the Zoning Board of Appeals is required to pass.
(3)
Authorize such variances from the terms of this chapter 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 chapter shall be observed, public safety and welfare secured, and substantial justice done.
(4)
Attach conditions of approval to any action described under this section, in furtherance of the general purpose and intent of this chapter.
(5)
Permit, in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or structure to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
(6)
Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter as shown on the Official Zoning Map where the actual street layout on the ground varies from the street layout on the aforesaid map.
(7)
Have the power to call on any other Village 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.
B.
In exercising the above-listed duties and responsibilities, the Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination of the Zoning Administrator or other administrative officer from whom the appeal is taken. A majority vote of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination for which an appeal has been requested. Except as specifically provided, no action of the Zoning Board of Appeals shall have the effect of permitting prohibited uses in any district.[1]
§ 510-149 Fees.
A.
The fees for the procedures and permits established by this chapter shall be established by resolution of the Village Board of the Village of East Troy.
B.
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 of East Troy.
C.
Fees shall be payable at the time applications are filed with the appropriate officer of the Village (per the requirements of this chapter) and are not refundable.
D.
Village staff may expend time in the investigation and processing of procedures regulated by this chapter. In addition to Village staff involvement, the Village may retain the services of professional consultants, including but not limited to engineers, landscape architects, architects, attorneys, environmental specialists, planners, and recreation specialists, in the administration, investigation, and processing of such matters. Any person, firm or corporation requesting action by the Village on conditional use permits, permits pursuant to the supplemental regulations and amendments of this chapter shall reimburse the Village for staff time expended in the administration, investigation, and processing of applications for such permits or amendments and the cost to the Village charged by any professional consultant retained by the Village on any such matter.