The purpose of this article is to establish the administrative and enforcement framework for the application of this chapter.

(Ord. No. 090412-02, § 1, 9-4-2012)

The building inspector, and/or other designee of the village administrator is hereby designated as the administrative and enforcement officer(s) for the provisions of this chapter and is also herein referred to as the zoning administrator. The general duty of the zoning administrator is to interpret and administer this chapter, as well as certain other Village of Fontana ordinances as indicated within those ordinances. With respect to this chapter, the zoning administrator shall have the following specific duties and responsibilities:

(1)

Determine that all amendments, permits, site plans, comply with the provisions of this chapter.

(2)

Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter.

(3)

In the enforcement of this chapter, the zoning administrator shall be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary to ensure compliance with this chapter. If entry is refused, the zoning administrator may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119(2).

(4)

Maintain permanent and current records of this chapter, including but not limited to, all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications thereof.

(5)

Record the first floor and lowest floor (basement or crawlspace) elevations of all structures erected, moved, altered, or improved in the flood land districts.

(6)

Receive, file and forward all applications for all procedures governed by this chapter to the designated official bodies.

(7)

Investigate all complaints made relating to the location of structures and the use of structures, lands and waters.

(8)

Give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the village attorney.

(9)

Institute, in the name of the Village of Fontana, any appropriate actions or proceedings against a violator of this chapter, as provided by law.

(10)

Prohibit the use or erection of any structure, land or water until inspection and approval of such use or erection.

(11)

Where useful, the zoning administrator may set marks on bridges or buildings or other markers depicting the depth of the regional flood or may set marks delineating the boundaries of wetlands.

(12)

Request assistance and cooperation from the village police department and village attorney as deemed necessary.

(13)

Make available to the public, to the fullest extent possible, all reports and documents concerning the village's comprehensive plan and Code of Ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed.

(14)

Make interpretations regarding the provisions of this chapter per section 18-255.

(Ord. No. 090412-02, § 1, 9-4-2012)

The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the planning and development of the village to the village board, other public officials, and other interested organizations and citizens. The plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this chapter, its functions are primarily recommendatory to the village board pursuant to the guidelines set forth in this chapter.

(Ord. No. 090412-02, § 1, 9-4-2012)

The village board, the governing body of the village, subject to recommendations by the plan commission, has ultimate authority to make changes and amendments to this zoning ordinance and the official zoning map. The village board may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.

(Ord. No. 090412-02, § 1, 9-4-2012)

There is hereby established a Zoning Board of Appeals for the Village of Fontana for the purpose of hearing appeals and granting variances and exceptions to the provisions of this zoning ordinance.

(1)

Membership.

a.

The zoning board of appeals shall consist of five members appointed by the village president and confirmed by the village board.

b.

Reserved.

c.

The village president shall appoint a first alternate member and a second alternate member to act only when a regular member is absent or refuses to vote because of interest.

d.

The second alternate member may act only when the first alternate is unable to act or is already sitting.

e.

Terms shall be for staggered three-year periods.

f.

Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01, within ten days of receiving notice of their appointment.

g.

Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

h.

The village president shall designate one of the members chairman and the board of appeals may designate such other officers and employ such employees as it feels necessary.

(2)

Organization.

a.

The board of appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

b.

The board of appeals shall hold meetings as prescribed in its rules of procedures and such meetings shall be open to the public.

c.

Minutes of the proceedings and a record of all actions shall be kept showing the vote of each member upon each question, the reasons for the board's determination, and its finding of facts. These records shall be immediately filed in the official records of the board of appeals and shall be a public record.

d.

The concurring vote of four members of the board shall be necessary to correct an error, grant a variance, or make an interpretation.

e.

Members shall serve without compensation.

f.

Members shall be removable by the village president for cause upon written charges and after public hearing.

(3)

Powers.

a.

To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator or plan commission.

b.

To hear and grant variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.

c.

To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the plan commission has made a review and recommendation.

d.

To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

e.

To hear and grant applications for temporary uses in any district; provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses, and provided that the plan commission has made a review and recommendation. The permit shall be temporary, revocable, and subject to any conditions required by the board of zoning appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

f.

The board may reverse, affirm wholly, or partly modify the requirements appealed from, and may issue or direct the issuance of a permit.

g.

Conditions may be placed upon any building permit ordered or authorized by the zoning board of appeals.

h.

The board may request assistance from other village officers, departments, commissions and boards.

i.

The chairman may administer oaths and compel the attendance of witnesses.

(4)

Review by court of record. Any person or persons aggrieved by any decision of the zoning board of appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the zoning board of appeals.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 030722-01, § 1, 3-7-2022)

(a)

All persons, firms or corporations performing work which by this chapter requires the issuance of a permit shall pay a fee for such permit to help defray the cost of administration, investigation, advertising, and processing of permits. The permits for which a fee is required are the zoning permit, building permit, land disturbing permit, occupancy permit, conditional use permit, tree removal permit, and sign permit. A fee shall also be required for the review of petitions for an appeal, variance, or zoning text or map amendment.

(b)

Permit fees do not include and are in addition to permit fees established by the village building, plumbing and electric codes.

(c)

All fees shall be established by separate resolution by the village board from time to time as deemed appropriate.

(d)

Fees shall be payable at the time applications are filed with the appropriate officer of the village (per the requirements of this chapter), and are not refundable.

(e)

A double fee shall be charged if work is started before a permit is applied for and issued, or if a building is occupied prior to the issuance of an occupancy permit. Such double fee shall not release the applicant from full compliance with this chapter, nor from prosecution for violation of this chapter.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

General provisions. In addition to any other fees required to be paid in conjunction with the filing of an application as set forth in section 18-235, above, the applicant shall compensate the village for all costs and expenses the village incurs in the administration, investigation, and consideration of any such application or request, including the cost of retaining the services of professional consultants. The obligation to compensate the village for its costs or expenses shall extend to pre-submission discussions with the village or its representatives which precede an application to the village.

(b)

Applicant certificate and cost recovery agreement form. Before the village shall incur any costs or expense in consideration of any application as described in this chapter, the applicant shall sign an acknowledgment and certificate on a cost recovery agreement form to be made available by the village clerk acknowledging the applicant's responsibility for all village costs and expenses directly or indirectly related to the applicant's request. The original of said acknowledgment and certificate shall be kept on file with the village clerk. A copy shall be given to the applicant at the time of signing.

(c)

Costs recoverable. All costs incurred by the village in the consideration of any requests by an applicant related to the zoning or subdivision ordinance shall be recoverable, including, without limitation by enumeration, the following:

(1)

All professional and technical consultant services and fees retained by the village and rendered in review of any application, including, but not limited to, the engineer, planner, attorney, or any other professional or expert hired by the village for purposes of review of the application or presubmission request.

(2)

Legal publication costs.

(3)

Court report costs, as deemed necessary by the plan commission.

(4)

Copy reproduction.

(5)

Postage.

(6)

Inspection fees incurred by the building inspector.

(7)

Document recordation (if required).

(8)

All of these expenses shall be considered special charges as defined in Wis. Stats. § 66.0627.

(d)

Billing of costs. The village clerk shall, on a monthly basis, bill all costs recoverable pursuant to this chapter to the applicant. Said costs shall be paid by the applicant within ten days of receipt of the village's billing. The village board may require an applicant to submit an advance deposit against future billings by the village for the recovery of costs provided by this chapter. Surplus deposits shall be returned to the applicant at the conclusion of the project if such deposit exceeds the amount of billings for recoverable costs. Any billed costs from the village unpaid at the expiration of said ten-day period shall bear interest at the rate of 18 percent per annum.

(e)

Condition of all applications. Notwithstanding anything in the Village Code of Ordinances to the contrary, payment in full of all recoverable costs pursuant to this chapter shall be a precondition to the final approval of any application. This precondition shall extend to any village board request for an advance deposit against future billings for recoverable costs as called for herein.

(f)

Enforcement. In the event the village is not paid billed recoverable fees as called for herein, the village shall be entitled to recover all actual attorney fees, litigation expenses, witness fees, filing fees, expert witness fees, and all other costs or expenses incurred by the village in the prosecution of a violation of this chapter regardless of whether the village prevails in such prosecution or not.

(Ord. No. 090412-02, § 1, 9-4-2012)