East Troy City Zoning Code
ARTICLE XVII
Procedures
§ 510-150 Purpose.
The purpose of this article is to establish procedural requirements for zoning text amendments, Zoning Map amendments, and various development approvals under this chapter, including conditional use permits, temporary use permits, variances, zoning permits, occupancy permits, sign permits, and site plan review and approval.
§ 510-151 Interpretations.
A.
Purpose. The purpose of this section is to assign responsibility for the official interpretation of the provisions of this chapter and to describe the required procedure for securing such interpretation.
B.
Initiation of request for an interpretation. Proceedings for an interpretation may be initiated by any of the following four methods: an application of the owner(s) of the subject property; a recommendation of the Plan Commission to the Village Board; by action of the Village Board; or by request of the Zoning Administrator.
C.
Application requirements. A zoning interpretation application contains all of the following:
(1)
All requests for interpretations shall clearly indicate the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.
(2)
If the requested interpretation relates to the application of this chapter to a specific property, the additional following information shall be required:
(a)
A map of the generalized location of the subject property in relation to the Village as a whole.
(b)
A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the interpretation is requested and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(c)
A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property.
D.
Application certification. All applications for interpretations, regardless of the party of their initiation, shall be certified as complete by the Zoning Administrator prior to the formal initiation of this procedure. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements. The application may not be placed on any agenda as an item to be acted upon until said certification has occurred.[1]
E.
Review by Zoning Administrator. Within 30 days of filing of a complete application, the Zoning Administrator shall review and evaluate the application and prepare a written report to be forwarded to the applicant. Said report should comment on the written justification for the proposed interpretation, if provided by application, and shall evaluate whether the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter. If so, the written report shall address the following:
(1)
Whether the subject land use (in general) is in harmony with the purposes, goals, objectives, policies, and standards of the Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the Village.
(2)
Whether the subject land use is in harmony with the purposes, goals, objectives, policies, and standards of the pertinent zoning district for which the interpretation is being sought.
(3)
Whether the potential public benefits of the proposed interpretation outweigh any and all potential adverse impacts of the proposed interpretation.
F.
Standards for review. This chapter shall be interpreted in a manner which is consistent with the purposes intended by the Village Board as noted in this chapter and the Comprehensive Plan. The intent of the standards and supporting definitions of this chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. To this end, those called upon to interpret this chapter shall proceed as follows:
(1)
Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required.
(2)
Before any zoning interpretation is made, there must be an explicit discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable potential negative impact. A sound interpretation of any standard cannot be ensured without careful analysis of the regulation and the end toward which it is directed. It is understood that there may be other public purposes underlying the interpretation which are not explicitly articulated.
(3)
Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public. There is a critical distinction between an interpretation which provides a greater degree of design freedom to achieve a permitted land use and an interpretation which permits a new or not previously permitted use or which allows a use to be enlarged or have its intensity increased beyond the degree specified in this chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter is to be prohibited.
(4)
Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal. If an interpretation would merely allow a design solution that is slightly different from the one expressly stated or permitted, and if it would result in the same or greater degree of protection to any affected party (i.e., the adjoining landowners, the public at large, and/or a future property owner or renter), such an interpretation may be appropriately made. Any interpretation which would result in any identifiable loss of protection for one group to the benefit of others is contrary to the spirit of this chapter. Similarly, any interpretation which would either increase the nuisance potential of any use or alter the purpose for which the regulation was adopted shall be considered counter to the legislative intent of this chapter. Any interpretation which will result in any loss of protection or increase in intensity beyond that already permitted shall only be made if the party interpreting this chapter has the power to impose additional restrictions or requirements.
(5)
This chapter has been carefully designed by the Village Board to combine maximum achievement of public goals and the protection of adjoining property owners while providing flexibility for property owners to use their land for a variety of uses consistent with the goals and objectives of the Comprehensive Plan. Great care has been taken to balance the rights of competing groups while achieving maximum protection with flexibility and a range of use options. Persons interpreting this chapter should not substitute their own judgments for the legislative acts of the Village Board.
(6)
In addition to the applicant's response to the questions required by Subsection C above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:
(a)
No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Village Board on an application for an amendment to this chapter or the Official Zoning Map or a previously applied for appeal from a requested interpretation.
(d)
No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district or permitted in a more intensive district in the same zoning district category (see Articles III, IV and V).
G.
Review by the Plan Commission.
(1)
Within 45 days after the acceptance of a complete application, the Plan Commission shall consider the application and make its recommendation to the Village Board.
(2)
Plan Commission recommendations shall be in writing. A recording thereof in the Plan Commission's minutes shall constitute the required written recommendation and shall include any finding of facts supporting its recommendation as to the whether the potential public benefits outweigh any and all potential adverse impacts.
H.
Review and action by the Village Board. The Village Board shall consider the recommendation of the Plan Commission regarding the interpretation request. The Village Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant. The Village Board shall make the final determination on the zoning interpretation.
I.
Effect of a favorable land use interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals which may be required by this chapter. These permits and approvals include, but are not limited to, required site plans, special use permits, conditional uses, and occupancy permits.
J.
Limitations on favorable land use interpretation.
(1)
No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development has begun within that period, and is thereafter diligently pursued to completion, or an occupancy permit is obtained and a use commenced within that period.
(2)
An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
§ 510-152 Appeals of zoning interpretations.
A.
Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for appeals from the interpretations of the Zoning Administrator per § 510-151 as provided for by § 62.23(7)(e)7, Wis. Stats.
B.
Initiation of request for appeal. Proceedings for the review of an appeal may be initiated by any person aggrieved or by any officer, department, board, or bureau of the Village affected by any decision of the Zoning Administrator.
C.
Appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or affected by any decision of the Zoning Administrator within 30 days of filing of said decision by the Zoning Administrator. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
D.
Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken to the Zoning Board of Appeals determines that, by reason of facts state in the certificate, a stay would cause immediate peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application and on notice to the Zoning Administrator and on due cause shown.
E.
Time limit for filing an appeal. Any appeal under the provisions of this section shall be made per the requirements of Subsection F below within a period not exceeding 30 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this thirty-day period shall constitute a final and binding waiver of the right to appeal said interpretation.[1]
F.
Application requirements. An application may be considered complete if it contains all of the following:
(1)
A copy of pertinent items in the file on the matter at hand as identified by the Zoning Administrator and/or the applicant.
(2)
A written statement from the applicant indicating the reasons why an appeal is justified based upon an analysis of the Zoning Administrator's interpretation. This statement shall be dated and signed by the applicant.
G.
Application certification. All applications for appeal, regardless of the party of their initiation, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements.[2]
H.
Review by the Zoning Administrator. Upon notifying the applicant that the application is complete, the Zoning Administrator shall review and evaluate the application and prepare a written report. Said report should comment on the written justification for the appeal as submitted by the applicant. The Zoning Administrator shall evaluate whether the request is in harmony with the recommendations of the Comprehensive Plan.
I.
Review and public hearing by the Zoning Board of Appeals. Within 45 days after the filing of the complete application, the Zoning Board of Appeals shall conduct a public hearing to consider the appeal.
(1)
Notice of the public hearing to review the appeal shall conform to § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the issue per Subsection F above.
(2)
At least 10 days before said public hearing, the Village Clerk shall mail a notice to the applicant; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter; to any property owner within 300 feet of the subject property; and, if the appeal would make any change within three miles of the boundaries of an airport, to the operator of said airport. Failure to mail said notice, provided that it is unintentional, shall not invalidate proceedings under this section.
[Amended 12-16-2019 by Ord. No. 2019-18]
J.
Determination of finding by the Zoning Board of Appeals. Within 60 days after the filing of the complete application, the Zoning Board of Appeals shall determine its findings per the following:
[Amended 6-15-2015 by Ord. No. 2015-02]
(1)
The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant.
(2)
The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting or may continue the proceedings at the applicant's request. Said final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.
K.
Effects of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
L.
Limited effect on a favorable ruling on an appeal.
(1)
No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or an occupancy permit is obtained and a use commenced within that period.
(2)
A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
§ 510-153 Violations and penalties.
A.
Violation of this chapter. It shall be 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 chapter or otherwise neglect, refuse or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Subsection B below and, in addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case.
B.
Penalties. Any person, firm, or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-4 of the Village Code. Each day a violation exists or continues shall constitute a separate offense.[1]
C.
Promulgated correction of violation. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the Village reserves and maintains the continued right to abate violations of this chapter.
(1)
If the Zoning Administrator determines that a violation of this chapter 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 said abatement shall be charged to the owner of the property on which said violation has occurred. The Zoning Administrator is hereby authorized to abate a violation of this chapter.
(2)
If the Zoning Administrator determines that a violation of this chapter 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 of East Troy tax records) on which said violation is occurring to remove said violation within 10 working days. If such violation is not removed within such 10 working days, the Zoning Administrator shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred.
(3)
In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the cost of abating a violation of this chapter shall be collected as a debt from the owner of the property on which said 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 said 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 § 66.0627(4), Wis. Stats.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
§ 510-154 Amendment of zoning regulations.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to the provisions of this chapter. Refer also to the requirements of § 62.23(7)(d), Wis. Stats.
B.
Applicability. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Village Board may amend the zoning regulations of this chapter.
C.
Review and approval. All requests to amend the regulations of this chapter shall be subject to the review of the Zoning Administrator. The Plan Commission shall review, hear, and submit its recommendation to the Village Board, which shall act on the request to amend this chapter in accordance with the procedures in this section.
D.
Initiation of request for amendment. Proceedings for amendment of this chapter may be initiated by one of the following three methods: an application by any member of the general public; a recommendation by the Plan Commission to the Village Board; or by action of the Village Board.
E.
Application requirements. An application to amend the regulations of this chapter shall contain the following:
(1)
A copy of the portion of the current provisions of this chapter which are proposed to be amended.
(2)
A copy of the text which is proposed to replace the current text.
(3)
As an optional requirement, the applicant may provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the Comprehensive Plan.
F.
Application certification. All requests for proposed text amendments to this chapter, regardless of the party of their initiation, shall be certified as complete by the Zoning Administrator prior to the formal initiation of this procedure. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements.[1]
G.
Review by the Zoning Administrator. The Zoning Administrator shall review and evaluate the application and prepare a written report to be forwarded to the Plan Commission for review and recommendation to the Village Board. Through the written report, the Zoning Administrator shall evaluate whether the proposed text amendment:
(2)
Advances the purposes of the general article in which the amendment is proposed to be located.
(3)
Advances the purposes of the specific section in which the amendment is proposed to be located.
(4)
Is in harmony with the recommendations of the Comprehensive Plan. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
(5)
Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.
(6)
Addresses any of the following factors that may not be addressed in the current zoning text:
(a)
A change in the land market or other factors which require a new form of development, a new type of land use, or a new procedure to meet said change(s).
(b)
New methods of development or types of infrastructure.
(c)
Changing governmental finances to meet the needs of the government in terms of providing and affording public services.
H.
Review and public hearing by the Plan Commission.
(1)
Within 45 days after the acceptance of a complete application, the Plan Commission shall conduct a public hearing to consider the application. The applicant may appear in person, by agent and/or by attorney.
(2)
Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the proposed text change.
(3)
At least 10 days before the public hearing, the Village Clerk shall mail a notice to the applicant; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter; and, if the proposed amendment would make any change within three miles of the boundaries of an airport, to the operator of said airport. Failure to mail said notice, provided that it is unintentional, shall not invalidate proceedings under this section.
[Amended 12-16-2019 by Ord. No. 2019-18]
(4)
Plan Commission recommendations shall be in writing. A recording thereof in the Plan Commission's minutes shall constitute the required written recommendation and shall include any finding of facts supporting its recommendation as to the whether the potential public benefits outweigh any and all potential adverse impacts.
(5)
If the Plan Commission does not provide a recommendation to the Village Board within 60 days after the filing of a complete application, the Village Board may then hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said recommendations from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of Subsection H(2) and (3) above.
I.
Review and action by the Village Board. The Village Board shall consider the recommendation of the Plan Commission regarding the proposed amendment. The Village Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant.
(1)
The Village Board may take final action (by ordinance) on the application at the time of its initial meeting or may continue the proceedings by its own decision or the applicant's request. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment.
(2)
If the Village Board wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Village Board action. Any action to amend the provisions of proposed amendment requires a majority vote of the Village Board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.
J.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
§ 510-155 Amendment of Official Zoning Map.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of the Official Zoning Map (rezonings).
B.
Applicability. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Village Board may amend the Official Zoning Map.
C.
Review and approval. All requests to amend the Official Zoning Map shall be subject to the review of the Zoning Administrator. The Plan Commission shall review, hear, and submit its recommendation to the Village Board, which shall act on the request to amend the Official Zoning Map in accordance with the procedures in this section.
D.
Initiation of request for amendment. Proceedings for amendment of the Official Zoning Map may be initiated by an application of the owner(s) of the subject property, a recommendation of the Plan Commission, or by action of the Village Board.
E.
Application requirements. An application to amend Official Zoning Map shall contain the following:
(1)
A map of the generalized location of the subject property in relation to the Village as a whole.
(2)
A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the zoning is proposed to be amended and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as they appear on the current tax records of the Village of East Troy. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(3)
As an optional requirement, the applicant may provide justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with the Comprehensive Plan.
F.
Application certification. All requests for proposed amendments to the Official Zoning Map, regardless of the party of their initiation, shall be certified as complete by the Zoning Administrator prior to the formal initiation of this procedure. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements.[1]
G.
Review by Zoning Administrator. The Zoning Administrator shall review and evaluate the application and prepare a written report to be forwarded to the Plan Commission for review and recommendation to the Village Board. Through the written report, the Zoning Administrator shall evaluate whether the proposed map amendment:
(2)
Is consistent with applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).
(3)
Is in harmony with the recommendations of the Comprehensive Plan. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
(4)
Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(5)
Addresses any of the following factors that may not be addressed on the current Official Zoning Map:
(a)
The designations of the Official Zoning Map are not in conformity with the Comprehensive Plan.
(b)
A mistake was made in mapping on the Official Zoning Map (i.e., an area is developing in a manner and purpose different from that for which it is mapped). If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the Village may intend to stop an undesirable land use pattern from continuing.
(c)
Factors have changed (such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes) making the subject property more appropriate for a different zoning district.
(d)
Growth patterns or rates have changed, thereby creating the need for an amendment to the Official Zoning Map.
H.
Review and public hearing by the Plan Commission.
(1)
Within 45 days of the acceptance of a complete application, the Plan Commission shall conduct a public hearing to consider the application. The applicant may appear in person, by agent and/or by attorney.
(2)
Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed change in zoning.
(3)
At least 10 days before said public hearing, the Village Clerk-Treasurer shall mail a notice to the applicant; to all property owners within 300 feet of the boundaries of the subject property; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter; and, if the proposed amendment would make any change within three miles of the boundaries of an airport, to the operator of said airport. Failure to mail said notice, provided that it is unintentional, shall not invalidate proceedings under this section.
(4)
Plan Commission recommendations shall be in writing. A recording thereof in the Plan Commission's minutes shall constitute the required written recommendation and shall include any finding of facts supporting its recommendation as to the whether the potential public benefits outweigh any and all potential adverse impacts.
(5)
If the Plan Commission does not provide a recommendation to the Village Board within 60 days after the filing of a complete application, the Village Board may then hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said recommendation from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If such public hearing is necessary, the Village Board shall provide notice per the requirements of Subsection H(2) and (3) above.
I.
Review and action by the Village Board. The Village Board shall consider the recommendation of the Plan Commission regarding the proposed amendment. The Village Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator and/or applicant.
(1)
The Village Board may take final action (by ordinance) on the application to amend the Official Zoning Map at the time of its initial meeting or may continue the proceedings by its own decision or the applicant's request. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment.[2]
(2)
If the Village Board wishes to make significant changes in the proposed amendment to the Official Zoning Map, as recommended by the Plan Commission, the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Village Board action. Any action to amend the Official Zoning Map requires a majority vote of the Village Board, except that in case of adverse recommendation by the Plan Commission or of a protest against such change signed and acknowledged by the owners of 20% of the frontage proposed to be changed or the frontage immediately in the rear thereof or directly opposite thereto, such amendment shall not be passed except by a three-fourths vote of all members of the Village Board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.
J.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
§ 510-156 Zoning permit.
A.
Purpose. The purpose of this section is to specify the requirements and procedures for the issuance of zoning permits.
B.
Applicability. Zoning permits are generally issued by the Zoning Administrator for certain projects, as specified in Subsection B(1) through (9), below, in order to verify compliance with the provisions of this chapter. For projects requiring a building permit, the Building Inspector may instead review the project for compliance with the provisions of this chapter, in which case a zoning permit shall not be required. A zoning permit is required from the Zoning Administrator in the following instances:
(1)
Before any structure is erected, affixed, moved, or structurally altered to increase its floor area.
(2)
Before any area of one acre or greater will be disturbed by excavation, grading, filling, or other earthmoving activities resulting in the loss or removal of protective ground cover or vegetation.
(3)
Before a land disturbing activity over more than 5,000 square feet is to occur on slopes greater than 12%.
(4)
Before any substantial alteration which would effect a change in use of an existing site or structure.
(5)
Before any use for which a conditional use permit has been granted under this chapter commences operation.
(6)
Before the commencement of any structural modification or structural repair of an existing nonconforming structure or to a structure housing a nonconforming use.
(7)
Before the establishment of any specific land use described for which a stormwater management plan, grading plan, and/or erosion control plan is required.
(8)
Before any other land disturbing activity occurs where the Zoning Administrator determines that high levels of erosion or runoff are likely unless an erosion control plan or stormwater management plan, or both, is developed.
(9)
Any other instances that have been indicated in other parts of this chapter.
C.
Review and approval. All zoning permit requests shall be subject to the review and approval of the Zoning Administrator, unless as otherwise specified in Subsection B above.
D.
Application requirements. Applications for a zoning permit shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following information where pertinent for proper review:
(1)
Name and address 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 licensed in Wisconsin 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 highway access restrictions; high water, channel floodway, and floodplain boundaries; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show type, slope and boundaries of soils shown in the Walworth County Soils Survey prepared by the United States Department of Agriculture Natural Resources Conservation Service.[1]
(4)
Additional information as may be required by the Plan Commission or Zoning Administrator.
E.
Review by the Zoning Administrator. A zoning permit shall be granted or denied by the Zoning Administrator in writing within 30 days of the application, and the applicant shall post such permit in a conspicuous place at the site. The permit shall expire within four months unless work equal to 10% of the dollar amount of the permit has been completed or within 18 months after the issuance of the permit if the structure for which a permit was issued is not 75% completed as measured by the dollar amount of the permit. The applicant shall reapply for a zoning permit before recommencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.
F.
Fees. A fee is required with the submittal of a zoning permit application (see § 510-149). Zoning permit fees do not include and are in addition to building permit fees established by the Building Code. A double fee may be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.[2]
§ 510-157 Conditional use permit procedures.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses. (Refer to the requirements of § 62.23, Wis. Stats.) Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate to the satisfaction of the Village that the proposed conditional use will not create undesirable impacts on nearby properties, the environment, or the community as a whole.
B.
Applicability. The execution of this chapter is based upon the division of the Village into zoning districts, within which districts the use of land and buildings and bulk and location of buildings and structures in relation to the land are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration of the impact of those uses upon neighboring land or public facilities and the public need for a particular use in a particular location. In these instances, the conditional use permit review and approval procedures shall apply.
C.
Review and approval. All conditional use permit requests shall be subject to the review of the Zoning Administrator. The Plan Commission shall review, hear, and submit its recommendation to the Village Board, which shall act on the conditional use permit request in accordance with the procedures in this section.
D.
Limited conditional use. Limited conditional uses are those in which the Village Board has found that any of the following should be of lesser permanence than regular conditional uses, and the duration or term of existence may be established until a time certain or be limited to a future happening or event at which time the same shall terminate:
E.
Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.
F.
Application requirements. An application for a conditional use permit shall contain the following:
(1)
A map of the generalized location of the subject property in relation to the Village as a whole.
(2)
A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the conditional use is proposed and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(3)
A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.
(4)
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 510-160. If the proposed conditional use is a group development (per § 510-108) or a large development (per § 510-109), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided that said plat contains all information required on said site plan.
(5)
As an optional requirement, the applicant may provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate.
G.
Application certification. All applications for proposed conditional uses shall be certified as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. If the Zoning Administrator determines that the application does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements.[1]
H.
Review by Zoning Administrator. The Zoning Administrator shall review and evaluate the application and prepare a written report to be forwarded to the Plan Commission for review and recommendation to the Village Board. Through the written report, the Zoning Administrator shall evaluate whether:
(1)
The proposed conditional use (the use in general, independent of its location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the Village. If the Zoning Administrator determines that the proposed use, independent of its location, may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
(2)
The proposed conditional use (in its specific location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the Village. If the Zoning Administrator determines that the proposed use, in its specific location, may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
(3)
The proposed conditional use, in its proposed location and as depicted on the required site plan, results in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide development.
(4)
The proposed conditional use would maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(5)
The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.
(6)
The potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.
I.
Review and public hearing by the Plan Commission.
(1)
Within 45 days after acceptance of a complete application, the Plan Commission shall conduct a public hearing to consider the application. The applicant may appear in person or by agent and/or by attorney.
(2)
Notice of the requested conditional use permit and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed conditional use. At least 10 days before said public hearing, the Village Clerk shall mail a notice to the applicant; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter; and, if the requested conditional use permit would make any change within three miles of the boundaries of an airport, to the operator of said airport. Failure to mail said notice or failure to meet the time requirements herein, provided that it is unintentional, shall not invalidate proceedings under this section.
[Amended 12-16-2019 by Ord. No. 2019-18]
(3)
Plan Commission recommendations shall be in writing. A recording thereof in the Plan Commission's minutes shall constitute the required written recommendation and shall include any finding of facts supporting its recommendation as to the whether the potential public benefits outweigh any and all potential adverse impacts.
(4)
If the Plan Commission does not provide a recommendation to the Village Board within 60 days after the filing of a complete application, the Village Board may then hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said recommendations from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of Subsection I(2) above.
J.
Review and action by Village Board. The Village Board shall consider the recommendation of the Plan Commission regarding the proposed conditional use. The Village Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator, applicant, and/or from any other source.
(1)
The Village Board may take final action (by resolution) on the application at the time of its initial meeting or may continue the proceedings at the applicant's request. The Village Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use.
(2)
If the Village Board wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Village Board action. Any action to amend the provisions of a proposed conditional use requires a majority vote of the Village Board. Village Board approval of the conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
K.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
L.
Termination of an approved conditional use. Upon approval by the Village Board, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 510-160. Once a conditional use is granted, no erosion control permit, site plan, occupancy permit, or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in Subsection J above.
M.
Time limits on the development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Village Board and they shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of an occupancy permit for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Village Board and shall be based upon a showing of acceptable justification (as determined by the Village Board).
N.
Discontinuing an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
O.
Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property; however, submittal of a plan of operation shall be required prior to the change in ownership. For bed-and-breakfast establishments, the granting of a conditional use permit shall be valid while said property is owned by the owner at time of conditional use approval.
P.
Modification, alteration or expansion. Modification, alteration, or expansion of any conditional use without approval by the Village Board shall be considered in violation of this chapter and shall be grounds for revocation of said conditional use approval per Subsection J above.
Q.
Recording of conditional use requirements. Except for conditional use approvals for temporary uses, a certified copy of the authorizing resolution, containing identifiable description and any specific requirements of approval, shall be recorded by the Village with the Register of Deeds.
R.
Notice to the WisDNR. The Plan Commission shall transmit a copy of each application for a conditional use for conservancy regulations in the Floodplain or Shoreland-Wetland Overlay Zoning Districts to the Wisconsin Department of Natural Resources (WisDNR) 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 WisDNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the WisDNR within 10 days of the date of such decision.
S.
Formerly approved conditional uses. A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter shall be considered as a legal, conforming land use so long as the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under this section.
§ 510-158 Temporary use permit procedures.
A.
Purpose. The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary use permits.
B.
Applicability. Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. Temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
C.
Review and approval. All temporary use permit requests shall be subject to the review of and issued by the Zoning Administrator.
D.
Application requirements. Applications for proposed temporary uses shall contain all of the following:
(1)
A map of the generalized location of the subject property in relation to the Village as a whole.
(2)
A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the temporary use is proposed and all other lands within 300 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(3)
A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.
E.
Violation. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
§ 510-159 Sign permit procedures.
Refer to § 510-141 for applicable requirements for sign permits.
§ 510-160 Site plan review and approval procedures.
A.
Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that proposed land uses and development activity comply with the requirements of this chapter. Specifically, this section requires all development activity (i.e., building permits, zoning permits, and occupancy permits) to first obtain the approval of site, building, and operational plans by the Plan Commission before the building, occupancy, and zoning permits can be issued, except that development activity associated with an approved final plat of subdivision or certified survey map, and development activity associated with an approved final development plan of a planned development, is exempt from this requirement.[1]
B.
Applicability. All land uses listed in Article VI are subject to site plan review and approval except for the following:
C.
Review and approval. All site plans shall be subject to the review of the Zoning Administrator. The Plan Commission shall review and act on the site plan in accordance with the procedures in this section.
D.
Initiation of request for site plan approval. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property or his legally authorized representative(s). The applicant shall meet with the Zoning Administrator and other applicable Village staff for a preapplication meeting to discuss preliminary concepts and plans for the development. Guidance will be provided to the applicant on technical requirements and procedures, and a timetable for project review may be discussed.
E.
Application for site plan review. A site plan application may be considered complete if it contains all of the following, unless specific application requirements are waived in writing by the Village Clerk, Village Engineer, Village Planner, or the Zoning Administrator:
[Amended 12-16-2019 by Ord. No. 2019-18]
(1)
Written description of the intended use describing in reasonable detail the:
(a)
Existing zoning district(s) and proposed zoning district(s), if different.
(b)
Current land uses present on the subject property.
(c)
Future land use designation(s) as depicted on the Future Land Use Map in the Comprehensive Plan.
(e)
Projected number of residents, employees, and daily customers.
(f)
Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface ratio.[2]
(g)
Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation.
(h)
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article XIII, including: street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials.
(k)
Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.
(3)
A small location map showing the subject property and illustrating its relationship to the nearest street intersection.
(4)
A property site plan map which includes:
(a)
Title block which indicates the name, address, and phone/fax number(s) of the current property owner and/or agent(s) (i.e., developer, architect, engineer, or planner) for the project.
(b)
The date of the original plan and the latest date of revision to the plan.
(c)
A North arrow and a graphic scale (at a minimum scale of one inch equals 100 feet).
(d)
A legal description of the subject property.
(e)
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled.
(f)
All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.
(g)
All required building setback lines.
(h)
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls.
(i)
The location and dimension (cross section and entry throat) of all access points onto public streets.
(j)
The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter.
(k)
The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas.
(l)
The location of all outdoor storage areas and the design of all screening devices.
(m)
The location, type, height, size, and lighting of all signage on the subject property.
(n)
The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with § 510-95.
(o)
The location and type of any permanently protected green space areas.
(p)
The location of existing and proposed drainage facilities.
(q)
In the legend, the following data for the subject property: lot area, floor area, floor area ratio, impervious surface area, impervious surface ratio, and building height.
(5)
A detailed landscaping plan of the subject property, at the same scale as the main plan, showing the location of all required bufferyard and landscaping areas and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Article XIV. (Note: The individual plant locations and species, fencing types and heights, and berm heights must be provided.)
(6)
A grading and erosion control plan, at the same scale as the main plan, showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the Village Engineer.
(7)
Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color, and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings. (Refer to § 510-90.)
(8)
A certified survey may be required by the Zoning Administrator in instances where he determines compliance with setback requirements may be difficult. The survey shall be prepared by a professional land surveyor and shall depict property lines and proposed buildings, structures, and paved areas.[3]
(9)
A detailed photometric plan that shows the impact of all exterior light fixtures based on the proposed fixtures' pole heights and light bulb needs, depicting resulting lighting levels across the entire property to the property lines rounding to the nearest 0.10 footcandle, and depicting an illumination limit of 0.50 footcandle. The 0.50 footcandle line cannot extend beyond the property line. The plan must be in compliance with lighting performance standards in § 510-95.
(10)
A development impact study is required for all forms of development that require site plan approval. This requirement shall apply for any development requiring a site plan, including instances where no land division is proposed.[4]
(11)
A detailed site analysis shall be required for any lot or parcel containing a protected natural resource as determined by Village staff (see Subsection G below). These protected natural areas include floodplains, shoreland-wetlands, lakeshores, woodlands, and steep slopes.
(12)
Any additional information as requested by the Plan Commission or Village Board.
F.
Application certification. The Zoning Administer shall review the application within 10 working days of receipt of the complete application. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements.[5]
G.
Detailed site analysis. The detailed site analysis required by this article is designed to provide the clear identification of permanently protected green space areas on a site which is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties containing permanently protected natural resource areas.
(1)
The detailed site analysis shall be shown on a map with a minimum scale of one inch equals 200 feet which depicts the subject property and the location of all protected natural resource areas, as defined by the provisions of this article. The detailed site analysis shall meet the following requirements:
(a)
Topographic information is not required for any property which does not contain steep slopes. For such properties, topographic information with a minimum contour interval of two feet is required.
(b)
All natural resource areas which require protection under the provisions of this chapter shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.
(c)
All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits, and the recorded plat of subdivision or certified survey map.
(d)
Beyond visible damage to natural resources, vegetation, soil, and drainage patterns, site disruption activities shall not compact soil covering tree roots or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches, whose canopies are located adjacent to disturbed areas, which are removed within a period of five years following site disruption shall be replaced by the owner with a three-inch caliper tree of the same type (canopy or understory).[6]
(e)
All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site map with notations provided which describe the mitigation techniques employed.
(2)
The detailed site analysis map shall be submitted to the Zoning Administrator for initial review prior to, or concurrently with, the submission of the preliminary plat of subdivision or the certified survey map, or if the proposed development does not involve a land division, then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of a concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property which has been previously approved by Village staff may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.
(3)
Village staff shall review the submitted detailed site analysis map for general compliance with the data sources listed under Subsection G(3)(a) through (h) below. The Zoning Administrator may provide the petitioner with a written evaluation of the submitted detailed site analysis map which shall indicate the acceptance by Village staff or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.
(a)
Official Zoning Map.
(b)
Applicable 1982 United States Geological Survey (USGS) 7.5 minute topographic maps for the Village of East Troy and its environs.
(c)
Air photos of the subject property.
(d)
United States Geological Survey (USGS) Quads and other sources of topographic information.
(e)
Applicable FEMA and related floodplain maps.
(f)
Applicable federal and state wetland inventory maps.
(g)
The Village of East Troy Comprehensive Plan.
(h)
Site visits.
(4)
If necessary, as determined by Village staff, revised detailed site analysis maps shall be prepared and submitted for review by Village staff until a version is deemed acceptable. Staff review of the detailed site analysis may be appealed as a matter of interpretation (see § 510-152).
(5)
Upon notification of acceptance by Village staff (or, in case of appeal, by determination of the Zoning Board of Appeals), the petitioner may proceed with the submittal of necessary development documents.
(6)
Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed plat of subdivision or certified survey map.
H.
Site plan review by the Plan Commission. The Plan Commission, in its consideration of a site plan, shall take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the community and to ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The Plan Commission may require such additional measures and/or modifications as it deems necessary to accomplish this objective and may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission. Amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by the Plan Commission. In its review of the site plan application, the Plan Commission may make findings on each of the following criteria to determine whether the submitted site plan shall be approved, approved with modification, or denied:
(1)
All standards of this chapter and other applicable Village, state, and federal regulations are met.
(2)
The public health and safety are not endangered.
(3)
Adequate public facilities and utilities are provided.
(5)
Appropriate traffic control and parking are provided.
(6)
Appropriate landscaping and open space areas are provided.
(7)
The appearance of structures maintains a consistency of design, materials, colors, and arrangement with nearby properties of similar use which complies with the general architectural guidelines provided in Subsection H(7)(a) through (e) below:
(b)
Exterior building design or appearance shall not be of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.
(c)
Exterior building design or appearance shall not be so identical with nearby buildings so as to create excessive monotony or drabness. A minimum of five basic home styles shall be provided in each residential subdivision.
(d)
Exterior building design or appearance shall not be constructed or faced with an exterior material which is aesthetically incompatible with other nearby buildings or which presents an unattractive appearance to the public and to surrounding properties.
(e)
Exterior building, sign, and lighting design or appearance shall not be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area.
I.
Initiation of land use or development activity. Except with the written permission of the Zoning Administrator, absolutely no land use or development activity, including site clearing, grubbing, or grading, shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.
J.
Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of this section so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
K.
Sunset clause. If all buildings on an approved site plan are not fully developed within two years of final Plan Commission approval, then the approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The Plan Commission may extend this period, as requested by the applicant, through the site review process.[8]
§ 510-161 Variance review and approval procedures.
A.
Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest, where, owing to special factors, a literal enforcement of the provisions of this chapter would 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, as provided for by § 62.23(7)(e)7, Wis. Stats.
B.
Applicability. In special circumstances where the provisions of this chapter deprive a particular property, because of special circumstances applicable to the property, of privileges commonly enjoyed by other properties in the vicinity or the same zoning district, a variance may be requested.
C.
Review and approval. All variance requests shall be subject to the review of the Zoning Administrator. The Zoning Board of Appeals shall review and act on all variance requests in accordance with the procedures in this section.
D.
Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) or his authorized agent of the subject property.
E.
Application requirements. Variance applications shall contain the following:
(1)
A map of the generalized location of the subject property in relation to the Village as a whole.
(2)
A map of the subject property (at a minimum scale of one inch equals 800 feet) showing all lands for which the variance is proposed and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(3)
A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property.
(4)
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 510-160.
(5)
Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate.
F.
Application certification. All applications for requested variances shall be certified as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements.[1]
G.
Review by the Zoning Administrator. The Zoning Administrator shall review and evaluate the application and prepare a written report to be forwarded to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Zoning Administrator shall note this determination in the report. Through the written report, the Zoning Administrator shall evaluate to following:
(1)
Whether exceptional or extraordinary circumstances or special factors are present that apply only to the subject property. The report shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:
(a)
The hardship or difficulty shall be peculiar to the subject property and different from that of other properties and not one which affects all properties similarly. Such a hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the property was created before the passage of the current, applicable zoning regulations, and is not economically suitable for a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed.
(b)
Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance.
(c)
Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of said property below buildable size or cutting off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships.
(d)
Violations by, or variances granted to, neighboring properties shall not justify a variance.
(e)
The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance; for example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.
(2)
In what manner the factors identified above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district. The report shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.
(3)
Whether the granting of the proposed variance would be of substantial detriment to adjacent properties. The report shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.
(4)
Whether the granting of the proposed variance as depicted on the required site plan would result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions, and policies of this chapter, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide growth and development. The report shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.
(5)
Whether the factors which present the reason for the proposed variance have been created by the act of the applicant or previous property owner or his agent (for example: previous development decisions such as building placement, floor plan or orientation, lot pattern, or grading) after the effective date of this chapter. The report shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant, a previous property owner, or his agent.
H.
Review, public hearing and determination by Zoning Board of Appeals.[2]
(1)
Within 30 days after filing of the complete application, the Zoning Board of Appeals shall hold a public hearing.
(2)
Notice of the requested variance and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed variance. At least 10 days before said public hearing, the Village shall mail a notice of the proposed variance to the applicant; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property; to all property owners within 300 feet of the boundaries of the subject property; and, if the proposed variance would make any change within three miles of the boundaries of an airport, to the operator of said airport. Failure to mail said notice, provided that it is unintentional, shall not invalidate proceedings under this section.
(3)
Within 30 days after the holding of the public hearing, the Zoning Board of Appeals shall make its findings per Subsection G above and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at the time of its initial meeting or said proceedings may be continued from time to time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.
I.
Effect of denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
J.
Limited effect of a variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted and shall not be construed as precedent for any other proposed variance.
K.
Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this chapter from which the applicant is requesting a variance, unless the Zoning Administrator certifies to the Zoning Board of Appeals after the request for the variance has been filed that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown. State law reference: § 62.23(7)(e)5, Wis. Stats.
L.
Notice to the WisDNR. The Zoning Board of Appeals shall transmit a copy of each application for a variance in the Floodplain or Shoreland-Wetland Overlay Zoning District and a copy of all floodplain or shoreland-wetland appeals to the Wisconsin Department of Natural Resources (WisDNR) for review and comment at least 10 days prior to any public hearing. Final action on the application shall not be taken for 30 days or until the WisDNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to floodplain or shoreland-wetland regulations, and a copy of all decisions on floodplain or shoreland-wetland appeals, shall be transmitted to the WisDNR within 10 days of the date of such decision.
§ 510-162 Occupancy permits.
[Amended 10-17-2011; 6-15-2015 by Ord. No. 2015-02; 10-18-2021 by Ord. No. 2021-10]
A.
Purpose. The purpose of this section is to provide regulations governing the review and approval of occupancy permits. This procedure is required to ensure a completed development complies with the approved site plan (per the requirements of § 510-160) and the requirements of this chapter.
B.
Applicability. Occupancy permits shall be required for any of the following:
(1)
Occupancy and use of a building or structure hereafter erected or structurally altered.
(2)
Change in use of an existing building, or portion thereof, when the new use is of a different land use classification.
(3)
Change in ownership, tenancy or occupancy of a nonresidential building or portion thereof.
(4)
Occupancy and use of vacant land.
(5)
New use of vacant land when the new use is of a different land use classification.
(6)
With respect to a nonconforming use, any change in the use, ownership, tenancy or occupancy. No change of ownership, tenancy or occupancy or use shall take place until an occupancy permit has been issued by the Building Inspector.
(7)
For new businesses located on Village-owned property, the occupancy permit shall be considered for approval by the Village Board prior to issuance.
C.
Review and approval. All occupancy permits shall be subject to the review of and issued by the Building Inspector. Businesses shall submit requests for occupancy using form(s) obtained from the Village Clerk.
D.
Issuance of occupancy permit.
(1)
Every application for a residential building permit shall also be deemed to be an application for an occupancy permit for a new building or for an existing building which is to be substantially altered or enlarged as determined by the Building Inspector. Such occupancy permit shall be issued within 10 working days after a written request for the same has been made to the Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.
(2)
Written application for a nonresidential occupancy permit for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, a change in ownership, tenancy or occupancy of a nonresidential building, or portion thereof as herein provided, shall be made to the Building Inspector by submitting the nonresidential occupancy application; if the proposed use is in conformity with the provisions of this chapter, the occupancy permit shall be issued within 10 working days after the application has been made.
(3)
Every occupancy permit shall state that both the building and the proposed use of a building or land substantially comply with all provisions of this chapter. A record of all occupancy permits shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
E.
Termination of occupancy permit. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in Subsection B above without having first obtained an occupancy permit. Any permit issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Building Inspector, he shall forthwith revoke the occupancy permit by written notice to be delivered by him to the holder of the void permit upon the premises where the violation has occurred or, if such holder is not found there, by mailing said notice of revocation by certified letter to his last known address. Any person who shall proceed thereafter with such work or use without having obtained a new occupancy permit shall be deemed guilty of a violation of this chapter.
§ 510-162.1 Registration of a legal nonconforming use.
[Added 5-20-2019 by Ord. No. 2019-04]
A.
Generally. There may be now or in the future certain uses of land that are not in compliance with this chapter, but which were legally established. These uses are referred to as "legal nonconforming uses," and consistent with the provisions of Article IX are allowed to continue to operate. For this reason, it is necessary to document those uses that are considered legal nonconforming. Registration of a use as a legal nonconforming use establishes (1) when the use was first established; (2) that the use at the time of establishment complied with the Village's zoning regulations in effect at the time, if any; (3) that the use has continued continuously, without cessation of more than 12 continuous months; and (4) the nature of the use when the use became nonconforming. The procedures and requirements in this section are intended to comply with § 60.61(5)(d), Wis. Stats.
B.
Initiation. Any of the following may submit an application to register a specific land use as a legal nonconforming use:
C.
Review procedure. The general steps outlined below shall be used in the review of an application for the registration of a legal nonconforming use.
(1)
Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
(2)
Determination of completeness. The Zoning Administrator will review the submittal within 10 days of receiving the application and other required materials to make sure it is complete and ready for further review. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator may not take any further steps to process the application until the deficiencies are remedied. The incomplete application must be retained as a public record.
(3)
Review date. When the Zoning Administrator determines the application is complete, he or she will schedule the review with the Plan Commission consistent with its meeting calendar allowing for proper notice.
(4)
Public hearing notice. The Zoning Administrator will publish a class II public hearing notice.
(5)
Notice to property owner. If the applicant is not the property owner, the Zoning Administrator will send a notice to the property owner at least two weeks in advance of the public hearing.
(6)
Plan Commission meeting. Allowing for proper notice, the Plan Commission will consider the application at a regular or special meeting.
(7)
Recommendation. The Plan Commission will make a recommendation to the Village Board as set forth in this section. The Plan Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the date of the initial meeting unless the applicant agrees to an extension of a specified duration.
(8)
Village Board meeting. Allowing for proper notice, the Village Board will consider the application at a regular or special meeting.
(9)
Decision. After considering the Plan Commission's recommendation, the Village Board will make a final decision as set forth in this section.
(10)
Preparation of decision notice. Based on the action of the Village Board, the Zoning Administrator will prepare a written decision notice consistent with this section.
(11)
Applicant/property owner notification. Within a reasonable time following the Village Board's decision, the Zoning Administrator will provide a copy of the decision notice to the Village Board, Plan Commission, and others as may be appropriate. The original will be mailed to the property owner by regular mail.
(12)
Public record copy. A copy of the decision notice will be retained as a public record.
D.
Basis of decision.
(1)
A legal nonconforming use must meet each of the following:
(a)
The use was legally established;
(b)
The use as it existed when it became nonconforming is not allowed in the zoning district in which it is now located either by right or as a conditional use; and
(c)
The use has continued from the date when it became nonconforming to the current date without an interruption of more than 12 continuous months.
(2)
If it is not possible to clearly establish the exact date when the use was legally established, the Village Board may prescribe a date that will be deemed to be the date of establishment if it determines it is reasonable to do so based on the information it has reviewed. Similarly, if it is not possible to clearly establish the precise nature of the use on the date it became nonconforming, the Village Board may establish the nature of the use in its decision notice, if it determines it is reasonable to do so based on the information it has reviewed.
E.
Application form and content.
(1)
The application submittal must include an application form as used by the Village and a scaled drawing of the subject property and the location of the land use on the property. At a minimum, the application form should request the following information:
(a)
The date, or approximate date, the use was first established or believed to be first established;
(b)
Evidence showing that the use at the time of establishment was legally established;
(c)
The date, or approximate date, when the use became nonconforming;
(d)
The section of the zoning regulation causing the use to be nonconforming;
(e)
Evidence showing that the use has continued from the date, or approximate date, of establishment to the current date without an interruption of more than 12 continuous months; and
(f)
The nature of the use and location on the subject property.
(2)
Sources of such information may be derived from any of the following:
(a)
Written document (e.g., business license, meeting minutes, reports, planning documents, or a permit or other authorization) maintained by a local, state, or federal governmental body;
(b)
A newspaper article;
(c)
A dated photograph;
(d)
An aerial photograph;
(e)
A sworn affidavit supplied by the applicant or any other person; or
(f)
Any other authoritative source deemed acceptable by the Village Board.
F.
Content of decision notice for approval. If the application for registering a legal nonconforming use is approved, the decision notice should include the following:
(1)
The date the use was first established;
(2)
The date the use became nonconforming;
(3)
A description of the use, including the scope of the use, its location, and any operating characteristics, when the use became nonconforming;
(4)
If the Village Board determines the use has been illegally expanded over time (i.e., location, area, extent, mode of operation, or other parameter), a statement describing those aspects of the existing use that must be removed consistent with an established timeline;
(5)
A statement that the applicant or other party may appeal the decision to a court of competent jurisdiction;
(6)
Other information the Village Board or Zoning Administrator deems appropriate;
(7)
The signature of the Zoning Administrator on behalf of the Village Board; and
(8)
The date of the decision.
G.
Content of decision notice for denial. If the application for registering a nonconforming use is denied, the decision notice should include the following:
(1)
A statement that the use cannot be classified as a legal nonconforming use based on the information that was reviewed;
(2)
A description of the use;
(3)
A reason for the decision;
(4)
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;
(5)
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(6)
Other information the Village Board or Zoning Administrator deems appropriate;
(7)
The signature of the Zoning Administrator on behalf of the Village Board; and
(8)
The date of the decision notice.
H.
Effect of decision.
(1)
Generally. If the Village Board determines that a land use meets the criteria for a legal nonconforming use, such decision constitutes documentary evidence establishing the legitimacy of the use as a legal nonconforming use.
(2)
Expansion not authorized. If a land use was legally established, but has been illegally expanded over time (i.e., area, extent, mode of operation, or other parameter) after the date the use became nonconforming, such expansion must be removed in keeping with a timeline established by the Village Board.
I.
Revocation or modification of a prior approval. The Village Board may revoke or modify a final decision made pursuant to this section if it is determined that (i) information the Board relied upon in making its decision was false, misleading, or inaccurate; (ii) new or additional information shows the use does not qualify as a legal nonconforming use; or (iii) the section of the zoning code creating the nonconforming use no longer exists.
J.
Appeal. An aggrieved person may file an appeal with a court of competent jurisdiction within 30 days of the date of the Village's final decision notice.
§ 510-162.2 Registry of legal nonconforming lots, structures, signs, and uses.
[Added 5-20-2019 by Ord. No. 2019-04]
A.
Content of registry. The Zoning Administrator is authorized to develop and maintain a registry of:
B.
Form of registry. At the discretion of the Zoning Administrator, the registry may consist of either a written list or digital records.
C.
Disclaimer. Given the nature of the registry, the Village does not warrant that such information is complete and/or accurate in all respects.