The purpose of this article is to establish procedural requirements for processes enabled or required by this chapter, including amendments to the regulations of this chapter, zoning map amendments, site plans, conditional use permits, planned developments, temporary use permits, zoning permits, building permits, occupancy permits, sign permits, variances, establishing neighborhood overlay zoning districts, interpretations, appeals, and violations and penalties.

(Ord. No. 090412-02, § 1, 9-4-2012)

Review procedures vary depending on the type of request; however, procedures within this article generally adhere to three common elements:

(1)

Submittal of a complete application, including fee payment and appropriate supplemental information.

(2)

Review by appropriate village staff and/or officials.

(3)

Action by appropriate village officials or staff to approve, conditionally approve, or deny the request.

Figure 18-241 summarizes the procedures, agencies, and personnel involved in the various procedures authorized by this chapter. Detailed procedures are discussed in sections 18-243 through 18-257 of this article. Figure 18-241 is provided as a convenience for the zoning administrator and general public. Where there are conflicts between the text of this chapter and Figure 18-241, the text shall prevail.

Figure 18-241: Review and Approval Activities and Bodies

(Ord. No. 090412-02, § 1, 9-4-2012)

In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this chapter.

(1)

Notice of any public hearing which the village board, plan commission, or zoning board of appeals is required to hold under the terms of this chapter shall specify the date, time, and place of hearing, and the matter to be presented at the hearing. Pursuant to Wis. Stats. ch. 985, the notice shall be published as a Class 2 notice.

(2)

The notice of public hearing shall be published in a newspaper of general circulation in the Village of Fontana at least once each week for two consecutive weeks, the last publication of which shall be at least one week before the public hearing.

(3)

Notice of the public hearing shall be mailed to all parties-in-interest at least ten days before the hearing. Parties-in-interest shall be defined as the petitioner; the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition; the owners of all lands included in the petition and all lands lying within 300 feet of lands included in the petition; and the owner or operator of an airport lying within three miles of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by any of the aforementioned bodies.

(4)

Except for hearings required for a zoning change, such request for a hearing shall be presented to the village clerk in writing and shall be accompanied by a map or description clearly identifying the property involved and by a fee in accordance with the village fee schedule, payable to the village, to defray the cost of notification and holding of a public hearing.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Purpose. Pursuant to the provisions of Wis. Stats. § 62.23(7), 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.

(b)

Initiation of request. A proposal to amend the text of this chapter may be initiated by an application by any member of the general public, a recommendation by the plan commission, or by action of the village board.

(c)

Application. Amendment requests initiated by the general public shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the petitioner shall supply 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)

Written justification for the proposed text amendment.

(4)

Any further information which may be required by the plan commission to facilitate the making of a comprehensive report to the village board.

(d)

Review by the zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant.

(2)

The zoning administrator shall review the application and evaluate whether the proposed amendment:

a.

Advances the purposes of this chapter as outlined in section 18-3.

b.

Advances the purposes of the general article in which the amendment is proposed to be located.

c.

Advances the purposes of the specific section in which the amendment is proposed to be located.

d.

Is in harmony with the recommendations of the comprehensive plan.

e.

Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

f.

Addresses any of the following factors that may not be addressed in the current zoning text:

1.

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).

2.

New methods of development or types of infrastructure.

3.

Changing governmental finances to meet the needs of the government in terms of providing and affording public services.

(3)

The zoning administrator shall prepare a written report addressing subsections (2)a. through (2)f., above, and forward said report to the plan commission for the commission's review and use in making its recommendation to the village board. 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.

(e)

Public hearing. Within 45 days of filing of a complete application, the plan commission shall hold a public hearing in compliance with section 18-242 to consider the request.

(f)

Review and recommendation by plan commission.

(1)

Within 60 days of the public hearing, the plan commission may make a written report to the village board and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsection (d)(2), above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

(2)

If the plan commission fails to make a report within 60 days after the filing of a complete application, the village board may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report from the plan commission shall not invalidate the proceedings or actions of the village board. If a public hearing is necessary, the village board shall provide notice per the requirements so section 18-242.

(g)

Review and action by village board.

(1)

The village board shall consider the plan commission's recommendation regarding the proposed amendment. The village board may request additional information and/or reports from the plan commission, zoning administrator, and/or the applicant. The board may take final action on the application at the time of its initial meeting, or may continue the proceedings.

(2)

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.

(3)

Any action to amend the provisions of the proposed amendment requires a majority vote of the 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.

(4)

If the village board wishes to make significant changes in the proposed text amendment, as recommended by the plan commission, then the procedure set forth in Wis. Stats. § 62.23(7)(d) shall be followed prior to board action.

(h)

Effect of denial. No petition 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.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Purpose. Pursuant to the provisions of Wis. Stats. § 62.23(7), 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 Official Zoning Map of the Village of Fontana.

(b)

Initiation of request. A proposal to amend the official zoning map may be initiated by an application by any member of the general public, a recommendation by the plan commission, or by action of the village board.

(c)

Application. Amendment requests initiated by the general public shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the petitioner shall supply the following:

(1)

A map of the subject property at a scale not less than one inch = 800 feet depicting:

a.

All lands for which the zoning is proposed to be amended and all other lands within 200 feet of the boundaries of the subject property.

b.

Names and addresses of the owners of all lands on said map as they appear on the current tax records of the Village of Fontana.

c.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.

d.

All lot dimensions of the subject property.

e.

A graphic scale and north arrow.

(2)

Written justification for the proposed official zoning map amendment, including evidence that the application is consistent with the comprehensive plan.

(3)

Any further information which may be required by the plan commission to facilitate the making of a comprehensive report to the village board.

(d)

Review by the zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant.

(2)

The zoning administrator shall review the application and evaluate whether the proposed amendment:

a.

Advances the purposes of this chapter as outlined in section 18-3 and the applicable rules of Wisconsin Department of Administration (WisDNR) and the Federal Emergency Management Agency (FEMA).

b.

Is in harmony with the recommendations of the comprehensive plan.

c.

Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

d.

Addresses any of the following factors that are not properly addressed on the current official zoning map:

1.

The designations of the official zoning map are not in conformance with the comprehensive plan.

2.

A mapping mistake was made. 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 spreading.

3.

Factors have changed (such as new data, infrastructure, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district.

4.

Growth patterns or rates have changed, creating the need for an amendment to the official zoning map.

(3)

The zoning administrator shall prepare a written report addressing subsections (d)(2)a. through (d)(2)d., above, and forward said report to the plan commission for the commission's review and use in making its recommendation to the village board. 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.

(e)

Public hearing. Within 45 days of filing of a complete application, the plan commission shall hold a public hearing in compliance with section 18-242 to consider the request.

(f)

Review and recommendation by the plan commission.

(1)

Within 60 days of the public hearing, the plan commission may make a written report to the village board and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsection (d)(2), above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

(2)

If the plan commission fails to make a report within 60 days after the filing of a complete application, the village board may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report from the plan commission shall not invalidate the proceedings or actions of the village board. If a public hearing is necessary, the village board shall provide notice per the requirements so section 18-242.

(g)

Review and action by the village board.

(1)

The village board shall consider the plan commission's recommendation regarding the proposed amendment. The village board may request additional information and/or reports from the plan commission, zoning administrator, and/or the applicant. The board may take final action on the application at the time of its initial meeting, or may continue the proceedings.

(2)

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.

(3)

Any action to amend the official zoning map requires a majority vote of the 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.

(4)

If the village board wishes to make significant changes in the proposed text amendment, as recommended by the plan commission, then the procedure set forth in Wis. Stats. § 62.23(7)(d) shall be followed prior to board action.

(h)

Effect of denial. No petition 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.

(i)

Protest. In case of protest against a change duly signed and acknowledged by the owners of 20 percent or more, either of the area of land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent and extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such change shall require a favorable vote of three-fourths of the village board for passage.

(Ord. No. 090412-02, § 1, 9-4-2012)

(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 all proposed land use and development activity complies with the requirements of this chapter.

(b)

Applicability. A site plan shall be submitted for all new development activity proposed within the village, including redevelopment and expansions.

(c)

Initiation of request. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property or their legally authorized representative.

(d)

Pre-application conference. Prior to formal submittal of a site plan application, it is recommended that the applicant confer with the zoning administrator in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the technical requirements and procedures for processing the site plan application. A timetable for project review may also be discussed.

(e)

Application. Site plan applications shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply the following components of a site plan:

(1)

Written description. A written description of the intended use of the subject property, describing in reasonable detail, the following:

a.

Existing zoning and proposed zoning (if different).

b.

Existing and proposed land uses.

c.

Projected number of residents, employees, and/or daily customers.

d.

Proposed number of dwelling units and density.

e.

Demonstration of compliance with the applicable standards and requirements of this chapter.

f.

Demonstration of compliance with the village's land dedication requirements per chapter 17 of the Municipal Code.

g.

Demonstration of consistency with the comprehensive plan.

h.

Any other information pertinent to adequate understanding by the plan commission of the intended use and its relation to nearby properties.

(2)

Completed natural resources site evaluation worksheet (see section 18-71).

(3)

Site plan map(s) technical requirements. Maps depicting the following information shall be prepared at a scale of not less than one inch = 800 feet.

a.

General information.

1.

Name, address, phone number of the current property owner and/or agents.

2.

The date of the original plan and the latest date of revision.

3.

North arrow and graphic scale.

b.

Predevelopment site information.

1.

Legal description of the subject property.

2.

Existing property lines and setback lines.

3.

Existing structures and paved areas.

4.

Existing right-of-way lines with bearings and dimensions clearly labeled.

5.

Existing easements and utilities.

6.

Existing and proposed topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than two percent where one foot contours shall be shown.

7.

The outer edges of all natural resource areas (i.e., floodplains, shorelands, wetlands, lakeshores, drainageways, woodlands, steep slopes).

8.

As determined necessary by the zoning administrator, a map identifying the classification of soil types based upon the county soils identification map and/or a soil report prepared by or under the direction of a professional engineer experienced in soil and foundation engineering may be required for site plans located in areas with severe building limitations.

c.

Proposed post-development site information.

1.

Property lines and setback lines.

2.

Location of all proposed structures and use areas, including paved areas, building entrances, walks, drives, decks, patios, fences, utility poles, and drainage facilities.

3.

Proposed right-of-way lines with bearings and dimensions clearly labeled.

4.

Proposed access points onto public streets and access drives on the subject property.

5.

Location and dimension of all on-site parking (and off-site provisions if they are to be employed), including a summary of the number of parking stalls provided.

6.

Location of all proposed parking and traffic circulation areas.

7.

Location and configuration of all visibility triangles proposed on the subject property.

8.

Location and dimension of all loading and service areas on the subject property.

9.

Location of all outdoor storage areas and the design of all screening devices.

10.

Location and type of all stormwater facilities and management approach to be employed.

11.

Location of snow storage areas, except for single-family residential.

12.

Proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.

13.

Location, type, height, size, and lighting of all signage on the subject property.

14.

In the legend, include the following data for the subject property: lot area, flood area, impervious surface area, impervious surface ratio and building heights.

d.

Detailed landscaping plan. Depicting the location, type, and size at time of planting and maturity of all landscaping features as required in article XI.

e.

Grading and erosion control plan. Depicting existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the village engineer.

f.

Elevation drawings.

1.

Elevations of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment.

2.

Depict exterior materials, texture, color, and overall appearance.

3.

Perspective renderings of the proposed project and/or photos of similar structures may also be submitted, but not in lieu of drawings showing the actual intended appearance of the building(s).

g.

Photometric plan.

1.

Location, type, height, design, illumination power, and orientation of all exterior lighting on the subject property.

2.

Impact of lighting across the entire property to the property lines rounding to the nearest 0.10 foot candles, and depicting an illumination limit of 0.50 foot candles. The 0.50 foot candle line cannot extend beyond the property line.

(4)

Operational plan.

a.

Describe the proposed hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation.

b.

Consider 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, electromagnetic radiation, glare, heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created, then the statement: "The proposed development shall comply with all requirements of article XIII" shall be provided.

c.

Procedures for snow removal, except for single-family residential.

(5)

A certified survey may be required by the zoning administrator in instances where compliance with setback requirements may be difficult to determine.

(6)

The zoning administrator may waive submittal information listed above, and/or may likewise require additional submittal information beyond that listed above. Submittal requirements shall be deemed fully satisfied if all information relevant to, but limited in scope of the requested modification is submitted.

(f)

Review by the zoning administrator.

(1)

The zoning administrator shall determine whether the site plan application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant. The zoning administrator shall prepare a written addressed to the plan commission for the commission's review and use in making its recommendation to the village board. If the zoning administrator determines that the proposal is in conflict with the provisions of this chapter or the comprehensive plan, the zoning administrator shall note this determination in the report.

(g)

Review and recommendation by the plan commission.

(1)

The plan commission, in its consideration of the submitted application, shall take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the village, and to ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment.

(2)

In its review, the plan commission may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the plan commission 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, or may approve the application subject to the satisfaction of the zoning administrator. Such amended plans and conditions shall be made 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.

(3)

In its review of the application, the plan commission may make findings on each of the following criteria to determine whether the site plan shall be approved, approved with modification, or denied:

a.

All standards of this chapter and other applicable village, state and federal regulations are met.

b.

The proposed site plan is consistent with adopted village plans, including the comprehensive plan.

c.

The public health and safety is not endangered and whether the public benefits outweigh any and all potential adverse impacts of the proposed site plan.

(4)

The plan commission may make a written report to the village board and/or may state in the minutes and its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the plan commission concerning the requirements above.

(h)

Review and action by the village board.

(1)

The village board shall consider the plan commission's recommendation regarding the proposed site plan. The village board may request additional information and/or reports from the plan commission, zoning administrator, and/or the applicant. The board may take final action on the application at the time of its initial meeting, or may continue the proceedings.

(2)

The village board may approve the site plan as originally proposed, may approve the proposed site plan with conditions, or may deny approval of the proposed amendment.

(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 depict any and all proposed modifications to the previously approved site plan prior to the initiation of said modification.

(k)

Sunset clause. All buildings on an approved site plan not fully developed within two years of final village board approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The village board may extend this period, if requested by the applicant, through the conditional use permit process following a public hearing.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 071017-03, § 10, 7-10-2017)

(a)

Purpose. Pursuant to Wis. Stats. § 62.23, 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.

(b)

Explanation of conditional uses. Certain uses are of a special nature or certain circumstances make impractical the predetermination of permissibility. In these cases, specific standards, regulation, or conditions may be established in these individual situations.

(c)

Limited conditional uses. 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 time certain or be limited to a future happening or event at which time the same shall terminate:

(1)

Their particularly specialized nature.

(2)

Their particular locations within a district.

(3)

The peculiar unique relationships or needed compatibility of uses to involved individuals.

(4)

Any other reason(s) the board deems specially relevant and material to delimit the scope thereof.

(d)

Initiation of request. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.

(e)

Application. Conditional use permit applications shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply the following:

(1)

A map of the subject property at a scale of not less than one inch = 800 feet depicting:

a.

All lands for which the conditional use is proposed and all other lands within 200 feet of the boundaries of the subject property.

b.

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 of Walworth County.

c.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.

d.

All lot dimensions of the subject property.

e.

A graphic scale and a north arrow.

(2)

Written description of the proposed conditional use including the type of activities, buildings, structures, and off-street parking proposed for the subject property and their general locations.

(3)

A site plan of the subject property if proposed for development. Said site plan shall conform to all requirements of section 18-245. If the proposed conditional use is a group or large development (per section 18-167), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan.

(4)

Written justification for the proposed conditional use, including evidence that the application is consistent with the comprehensive plan.

(f)

Review by the zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant.

(2)

The zoning administrator shall review the application and evaluate whether the proposed amendment:

a.

Is in harmony with the recommendations of the comprehensive plan.

b.

Will result 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.

c.

Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

d.

The 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.

e.

The potential public benefits 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.

(3)

The zoning administrator shall prepare a written report addressing subsections (e)(2)a. through (e)(2)e., above, to be forwarded to the plan commission for the commission's review and use in making its recommendation to the village board. 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.

(g)

Public hearing. Within 60 days of filing of a complete application, the plan commission shall hold a public hearing in compliance with section 18-242 to consider the request.

(h)

Review and recommendation by the plan commission.

(1)

Within 60 days after the public hearing, the plan commission may make a written report to the village board, and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsection (e)(2), above. In evaluating a request for conditional use permit, the plan commission shall review the application in regard to the following factors in making its recommendation to the village board:

a.

Consistency with the comprehensive plan,

b.

Site plan layout,

c.

Existing and proposed structures,

d.

Potential impacts on surrounding properties,

e.

Compatibility with the nearby pattern of development,

f.

Design of parking areas,

g.

Driveway locations and access to adjacent roads/roadway system,

h.

Traffic generation, circulation and potential congestion,

i.

Infrastructure/utilities including drainage, sewerage, and water systems,

j.

Proposed business operations,

k.

Landscaping,

l.

Lighting,

m.

Type of construction,

n.

Construction commencement and completion dates, and

o.

Sureties.

(2)

If the plan commission fails to make a report within 60 days after the filing of a complete application, the village board may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report from the plan commission shall not invalidate the proceedings or actions of the village board. If a public hearing is necessary, the village board shall provide notice per the requirements so section 18-242.

(i)

Review and action by the village board.

(1)

The village board shall consider the plan commission's recommendation regarding the proposed conditional use. The village board may request additional information and/or reports from the plan commission, zoning administrator, and/or the applicant. The board may take final action on the application at the time of its initial meeting, or may continue the proceedings.

(2)

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. 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. Any imposed conditions must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. Any imposed condition must also be related to the purpose of the ordinance and be based on substantial evidence. The applicant must demonstrate that the application and all requirements and conditions established by the village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The village's decision to approve or deny the permit must be supported by substantial evidence. Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the village ordinance or those imposed by the plan commission, the village shall grant the conditional use permit.

(3)

Any action to amend the provisions of proposed conditional use requests requires a majority vote of the board. The village board's approval of the requested conditional use permit shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.

(4)

If the village board wishes to make significant changes in the proposed text amendment, as recommended by the plan commission, then the procedure set forth in Wis. Stats. § 62.23(7)(d) shall be followed prior to board action.

(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.

(k)

Initiation of land use or development activity. 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 section 18-245. Once a conditional use is granted, no erosion control permit, site plan approval, occupancy permit, or building permit shall be issued for any development which does not comply with all requirements of this chapter.

(l)

Termination of an approved conditional use. 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.

(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 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)

Duration, transfer, or renewal. Conditions of approval may include limiting the conditional use permit to a particular person, company or use, and to also place a "sunset date" time limit on the conditional use permit.

(o)

Reserved.

(p)

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.

(q)

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.

(r)

Change in ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. 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. For bed and breakfast land uses, the granting of a conditional use permit shall be valid while said property is owned by the owner at time of conditional use approval.

(s)

Successor conditional uses. A successor conditional use is an instance where a use regulated as a conditional use is proposed for the same location as the same type of land use, where the original use has been granted a conditional use permit. Successor conditional uses shall require a new conditional use permit for a change in business ownership.

(t)

In instances where the zoning administrator determines that a land use permitted by right or other form of development violates the purpose or intent of this chapter as described in sections 18-3 and 18-4, the zoning administrator may request in writing that said use or development be subject to the requirements of this section. This request shall be reviewed and acted upon by the village board. A majority vote of the village board shall be sufficient to apply the requirements of this section.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 080717-01, § 1, 8-7-2017; Ord. No. 061019-01, § 1, 6-10-2019; Ord. No. 070620-02, § 1, 7-6-2020)

(a)

Purpose. The purpose of this section is to provide regulations which govern the procedures for the review and approval, or denial, or proposed planned developments (see also section 18-43).

(b)

Initiation of request. Proceedings for approval of a planned development may be initiated by any of the following:

(1)

An application by the owner(s) of the subject property;

(2)

A recommendation of the plan commission to the village board; or

(3)

By action of the village board.

(c)

Flexible development standards. The following exemptions to the development standards of the underlying standard zoning district may be provided as part of the approval of a planned development:

(1)

Land use requirements. All residential, institutional, and business land uses listed in article III may be allowed by right or by conditional use within a planned development. Uses proposed for a planned development are not limited to those allowed within the underlying standard zoning district.

(2)

Density, intensity and bulk requirements. All requirements listed in articles II, IV, and V for residential density and nonresidential intensity may be varied within a planned development.

(3)

Landscaping requirements. All requirements listed in article XI may be varied within a planned development.

(4)

Parking and loading requirements. All requirements listed in sections 18-213 and 18-214 may be varied within a planned development.

(5)

Sign regulations. Sign requirements listed in article XII shall apply within a planned development based upon the requirements of the zoning district existing on the subject property prior to the approval of the Planned Development District. However, new sign requirements may be created for the subject property through the provisions of a Planned Development District, as explicitly provided for within the approved general development plan (GDP) or precise implementation plan (PIP).

(d)

Procedure for planned development approval. The procedure for zoning to a Planned Development (PD) District shall follow the zoning map amendment procedure included in section 18-244, except that the planned development procedure shall be subject to the following additional requirements:

(1)

Pre-application conference. Prior to formal petition for zoning to a PD District, the applicant shall confer with the plan commission and appropriate village staff in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the requirements for processing. Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the village, but should be considered as the informal, nonbinding basis for proceeding to the next step.

(2)

Concept plan review. Upon completion of the pre-application conference, described above, the applicant shall provide the zoning administrator with a concept plan (see subsection (2)b., below for submittal requirements). Upon determination of completeness by the zoning administrator, the concept plan may be placed on the plan commission agenda for review.

a.

At the plan commission meeting, the applicant shall engage in an informal discussion with the plan commission regarding the concept plan. Appropriate topics for discussion may include any of the information provided in the concept plan, or other items as determined by the plan commission. Points of discussion and conclusions reached at this stage of the process shall be in no way be binding upon the applicant or the village, but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of plan commission review of the concept plan to occur prior to introduction of the formal application for rezoning, which accompanies the general development plan application (see subsection (3), below).

b.

The concept plan submittal shall include the following items:

1.

A location map of the subject property and its vicinity.

2.

A general written description of the proposed PD, including:

(i)

General project themes and images.

(ii)

The general mix of dwelling unit types and/or land uses.

(iii)

Approximate residential densities and nonresidential intensities as described by dwelling units per acre, landscaping surface ratio, and/or other appropriate measures of density and intensity.

(iv)

General treatment of natural features.

(v)

Relationship to nearby properties and public streets.

(vi)

Relationship of the project to the comprehensive plan.

(vii)

Description of potentially requested exemptions or variations from the requirements of the underlying base zoning district. The purpose of this information shall be to provide the plan commission with information necessary to determine the relative merits of the project with respect to private versus public benefit, and to evaluate the potential adverse impacts created by making exemptions to standard zoning district requirements.

3.

A conceptual drawing of the site plan layout, including the general locations of public streets and/or private drives.

4.

The plan commission shall accept the concept plan and inform the applicant to move on to the next step in the PD process, general development plan.

(3)

General development plan review. Upon acceptance of the concept plan by the plan, the applicant shall submit a general development plan (GDP) to the zoning administrator for determination of completeness. Upon determination of completeness by the zoning administrator, the GDP may be placed on the plan commission agenda for review.

a.

The GDP submittal shall include the following items:

1.

General location map of the subject site (at a minimum scale of one inch = 800 feet) depicting:

(i)

All lands for which the planned development is proposed and all other lands within 300 feet of the boundaries of the subject site.

(ii)

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.

(iii)

Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control.

(iv)

A graphic scale and a north arrow.

2.

Generalized site plan showing the pattern or proposed land uses, including:

(i)

General size, shape and arrangement of lots and specific use areas.

(ii)

Basic street pattern.

(iii)

General site grading plan showing preliminary road grades.

(iv)

Basic storm drainage pattern, including proposed on-site stormwater detention.

(v)

Preliminary sanitary sewer and water system layout.

(vi)

General location of recreational and open space areas, including designation of any such areas to be classified as common open space.

3.

Statistical data, including:

(i)

Minimum lot sizes in the development.

(ii)

Approximate areas of all lots.

(iii)

Density/intensity of various parts of the development.

(iv)

Building coverage.

(v)

Landscaping surface area ratio of all land uses.

(vi)

Expected staging.

4.

Conceptual landscaping plan, noting approximate locations of foundation, street, yard, and paving landscaping, and comparing the proposed landscaping plan to the standard landscaping requirements in this chapter.

5.

General signage plan, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from village standards or common practices.

6.

General outline of property owners association, covenants, easements and deed restrictions.

7.

A written description of the proposed planned development, including:

(i)

General project themes and images.

(ii)

The general mix of dwelling unit types and/or land uses.

(iii)

Approximate residential densities and nonresidential intensities as described by dwelling units per acre, landscaping surface area ratio, and/or other appropriate measures of density and intensity.

(iv)

General treatment of natural features.

(v)

General relationship to nearby properties and public streets.

(vi)

General relationship of the project to the comprehensive plan.

(vii)

Proposed exemptions or variations from the requirements of the underlying base zoning district.

8.

The zoning administrator, or by majority vote of the plan commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above.

(4)

Precise implementation plan. Upon completion of the GDP review process, described above, the applicant shall submit a precise implementation plan (PIP) to the zoning administrator for determination of completeness. Upon determination of completeness by the zoning administrator, the PIP may be placed on the plan commission agenda for PIP review.

a.

The PIP submittal shall include the following items. Note that the area included in a PIP may be only a portion of the area included in a previously approved GDP.

1.

An existing conditions map of the subject site (at a minimum scale of one inch = 800 feet) depicting the following:

(i)

All lands for which the planned development is proposed and all other lands within 200 feet of the boundaries of the subject site.

(ii)

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.

(iii)

Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control.

(iv)

Existing utilities and recorded easements.

(v)

All lot dimensions of the subject site.

(vi)

A graphic scale and a north arrow.

2.

A PIP map (at a minimum scale of one inch = 100 feet) of the proposed site showing at least the following:

(i)

Lot layout and the arrangements of buildings.

(ii)

Public and private roads, driveways, walkways and parking facilities.

(iii)

Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common open space.

3.

Proposed grading plan.

4.

Specific landscaping plan for the subject site, specifying the location, species, and installation size of all plantings. The landscaping plans shall include a table summarizing all proposed species.

5.

Architectural plans for any nonresidential buildings, multifamily structures, or building clusters, other than conventional single-family homes or individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.

6.

Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas and walkways.

7.

Signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles), and group development signage themes that are proposed to vary from village standards or common practices.

8.

Specific written description of the proposed PIP including:

(i)

Specific project themes and images.

(ii)

Specific mix of dwelling unit types and/or land uses.

(iii)

Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity.

(iv)

Specific treatment of natural features, including parkland.

(v)

Specific relationship to nearby properties and public streets.

(vi)

Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by the plan commission.

(vii)

A statement of rationale as to why PD zoning is proposed. This statement shall list the standard base zoning district requirements that, in the applicant's opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project.

(viii)

A complete list of base zoning district standards that would not be met by the proposed PIP and the location(s) in which such violations would occur, and a complete list of zoning standards that would be more than met by the proposed PD and the location(s) of such occurrences.

(ix)

Phasing schedule, if more than one development phase is intended.

9.

Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.

10.

A written description that demonstrates how the PIP is consistent with the approved GDP and any and all variations between the requirements of the approved GDP and the proposed PIP.

11.

The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.

b.

The zoning administrator, or by majority vote of the plan commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above.

(e)

Criteria for approval. In its review and action an application for a Planned Development District, the plan commission and, subsequently, the village board shall make findings with respect to the following criteria:

(1)

The proposed planned development project is consistent with the overall purpose and intent of this chapter.

(2)

The proposed planned development project is consistent with the village's comprehensive plan (it is the responsibility of the village to determine such consistency).

(3)

The proposed planned development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site.

(4)

Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the planned development project, including but not limited to public sewer and water and public roads.

(5)

The proposed planned development project will incorporate appropriate and adequate buffers and transitions between areas of difference land uses and development densities/intensities.

(6)

The proposed planned development project design does not detract from areas of natural beauty surrounding the site.

(7)

The proposed architecture and character of the proposed planned development project is compatible with adjacent/nearby development.

(8)

The proposed planned development project will positively contribute to the physical appearance and functional arrangement of development in the area.

(9)

The proposed planned development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exemption or variation of any normal standard of this chapter.

(10)

For planned development projects that are proposed to be developed in phases, the applicant can provide a clear timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed.

(f)

Expiration of approval. All portions of an approved GDP or PIP not fully developed within five years of final village board approval shall expire, and no additional development shall be allowed. The village board may extend this five-year period and additional five years via a majority vote following a public hearing and recommendation by the plan commission.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Purpose. The purpose of this section is to provide regulations that govern the procedure and requirements for the issuance of temporary use permits.

(1)

Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if simply allowed under the general requirements of this chapter. In addition to such potential, 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.

(2)

Land uses which fail to meet one, but not more than one, of the requirements for temporary uses of section 18-65 may be reviewed as a conditional use.

(b)

Application. Temporary use permit applications shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply the following:

(1)

A map of the subject property at a scale of not less than one inch = 800 feet depicting:

a.

All lands for which the temporary use is proposed and all other lands within 200 feet of the boundaries of the subject property.

b.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control

c.

All lot dimensions of the subject property.

d.

A graphic scale and a north arrow.

(2)

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.

(3)

The zoning administrator may require a site plan of the subject property. Said site plan shall conform to any and all the requirements of section 18-245.

(c)

Review and approval by the zoning administrator. Approval of a temporary use shall be by the zoning administrator following review of said complete application per subsection (b), above.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Purpose. The purpose of this section is to specify the requirements and procedures for the issuance of zoning permits.

(b)

Application. An application for a zoning permit shall be prepared on a printed form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply the following:

(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.

(3)

Address of the subject site.

(4)

Type of structure.

(5)

Existing and proposed operation or use of the structure or site.

(6)

Number of employees.

(7)

Zoning district within which the subject site lies.

(8)

Plat of survey prepared by a land surveyor registered in Wisconsin showing:

a.

Location, boundaries, dimensions, uses and size of the following:

1.

Subject site.

2.

Existing and proposed structures.

3.

Existing and proposed easements.

4.

Streets and other public ways.

b.

Off-street parking, loading areas and driveways.

c.

Existing highway access restrictions.

d.

High water, channel floodway, and floodplain boundaries.

e.

Existing and proposed street, side and rear yards.

f.

Type, slope and boundaries of soils shown in the Walworth County Soils Survey prepared by the U.S.D.A. Soil Conservation Service.

(9)

In situations where it is known that the subject property has a public utility line located on said property but there is not an easement at the public utility line location in favor of the Village of Fontana, then the plan commission or zoning administrator may require that such an easement, in a form approved by the village, and as a condition for issuance of zoning permit or occupancy permit, be recorded in advance of a permit being issued.

(10)

In situations where it is known that the subject property has an existing water meter located in a pit in violation of the requirements of section 78-92 of the Municipal Code, then the plan commission or zoning administrator may require, as a condition for issuance of a zoning permit or occupancy permit, that said water meter be relocated so as to bring about compliance with section 78-92 of the Municipal Code.

(11)

Additional information as may be required by the plan commission or zoning administrator.

(c)

Review and action by 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. Any permit issued in conflict with the provisions of the chapter shall be null and void.

(d)

Time limits on zoning permits. The permit shall expire by limitation and become null and void unless operations under the permit are commenced within six months. The applicant shall re-apply for a zoning permit before commencing work on the structure.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 02-08-16-01, § 1, 2-8-2016; Ord. No. 03-07-16-04, § 2, 3-7-2016; Ord. No. 030220-01, § 1, 3-2-2020; Ord. No. 070522-03, § 1, 7-5-2022)

(a)

Required. No building shall be erected, structurally altered, or relocated within the Village of Fontana until a building permit has been issued by the building inspector certifying that such building, as proposed, would be in compliance with the provisions of this chapter and with the building ordinance of the village.

(b)

Application. An application for a building permit shall be prepared on a printed form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule.

(Ord. No. 090412-02, § 1, 9-4-2012)

(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 completed development complies with the approved site plan and the requirements of this chapter as a whole.

(b)

Land uses and development requiring an occupancy permit. 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)

New occupancy and use of an existing building when the new use is of a different land use classification.

(3)

Occupancy and use of vacant land.

(4)

New use of vacant land when the new use is of a different land use classification.

(5)

Any change in the use of a nonconforming use. No such occupancy or change of use shall take place until an occupancy permit has been issued.

(c)

Issuance of occupancy permit.

(1)

Every application for a 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 zoning administrator. Such permit shall be issued within ten 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 an 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, as herein provided, shall be made to the building inspector; if the proposed use is in conformity with the provisions of this chapter, the occupancy permit shall be issued within ten 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 complies 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.

(d)

Occupancy permit for legal nonconforming uses. Upon application, an occupancy permit shall be issued for all lawful nonconforming uses of land or buildings created by adoption of this chapter, or in existence at the effective date of this chapter. Application for occupancy permit for nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this chapter. It shall be the duty of the building inspector to issue an occupancy permit for a legal nonconforming use.

(e)

Termination of an 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 (c)(2), 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 notice in writing to be delivered by him to the holder of the void permit upon the premises where the violation has occurred, or if such holder be not found there, by mailing the 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 violation of this chapter.

(Ord. No. 090412-02, § 1, 9-4-2012)

Refer to article XII for applicable procedural requirements for sign permits.

(Ord. No. 090412-02, § 1, 9-4-2012)

(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; and, where owning 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 Wis. Stats. § 62.23(7)(e)(7).

(b)

Initiation of request. Proceedings for approval of a variance may be initiated by an application of the owner(s) of the subject property.

(c)

Application. Variance applications shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be filed with the village clerk within 30 days from the date of denial and accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply the following:

(1)

A map of the subject property at a scale not less than one inch = 800 feet depicting:

a.

All lands for which the variance is proposed and all other lands within 200 feet of the boundaries of the subject property.

b.

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 of Walworth County.

c.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.

d.

All lot dimensions of the subject property.

e.

A graphic scale and a north arrow.

(2)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of section 18-245.

(3)

Written description of the proposed variance, including the type of specific requirements of the variance proposed for the subject property and evidence that the application is consistent with the comprehensive plan.

(d)

Review by the zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant.

(2)

The zoning administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application per the following:

a.

What exceptional or extraordinary circumstances or special factors are present which apply only to the subject property? The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:

1.

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.

2.

Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance.

3.

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.

4.

Violations by, or variances granted to, neighboring properties shall not justify a variance.

5.

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.)

b.

In what manner do the factors identified in subsection (2)a., above, prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question 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.

c.

Would the granting of the proposed variance be of substantial detriment to adjacent properties? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.

d.

Would the granting of the proposed variance as depicted on the required site plan, 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 response to this question shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.

e.

Have the factors which present the reason for the proposed variance been created by the act of the application or previous property owner or their 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 response to this question 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 their agent.

(3)

The zoning administrator shall evaluate the application to determine whether the request is in harmony with the recommendations of the comprehensive plan.

(4)

The zoning administrator shall prepare a written report addressing subsections (2)a. through (2)e., above, 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.

(e)

Public hearing. Within 60 days following the filing of a complete application, the zoning board of appeals shall hold a public hearing which is noticed in compliance with section 18-242 and rules of procedure as adopted by the board of zoning appeals to consider the request.

(f)

Review and action by the zoning board of appeals.

(1)

Within 60 days after the holding of the public hearing, the zoning board of appeals shall make its finding per subsection (d)(2) above, and its determination regarding the application. 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.

(2)

Variances, substitutions or use permits granted by the board shall expire within one year unless substantial work has been commenced to such grant. For purposes of this subsection 18-253(f)(2), "substantial work" shall mean at least one-half the work authorized by such grant.

(g)

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.

(h)

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.

(i)

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, Wis. Stats, § 62.23(7)(e)5.

(j)

Notice to the DNR. The zoning board of appeals shall transmit a copy of each application for a variance to regulations in the FW, FF, GFP, FSD, SW overlay districts to the DNR for review and comment at least ten days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to shoreland conservancy regulations or to flood land regulations, and a copy of all decisions to shoreland conservancy and flood land appeals, shall be transmitted to the DNR within ten days of the date of such decision.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 11-23-15-02, § 2, 11-23-2015; Ord. No. 110419-03, §§ 1, 2, 11-4-2019)

(a)

Purpose. This section enables a process for neighborhoods to work with the village to establish a neighborhood-specific zoning district in order to maintain or create a desired neighborhood character, to protect property values, and/or to preserve and protect natural resources or other unique neighborhood attributes.

(b)

Initiation of request. Proceedings for establishment of a neighborhood-specific zoning district may be initiated by an application of a neighborhood association, or any group of property owners comprising more than 50 percent of property owners in any area of the village not within a neighborhood association.

(c)

Application requirements. An application to establish a neighborhood-specific zoning district shall be prepared on a form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply the following:

(1)

A map depicting the exact boundaries of the proposed district, which are overlaid on a map also depicting lot lines and rights-of-way.

(2)

Proposed zoning district standards and regulations (see subsection (d), below).

(3)

Signatures of neighborhood association officers or at least 50 percent of the owners within the proposed district boundaries.

(d)

District standards. The neighborhood-specific zoning district may include aesthetic regulations which are limited to those listed under subsections (1), (2), and (3) below. The village will consider the following categorical areas for neighborhood-specific zoning district regulations:

(1)

Building design standards, which may include any of the following:

a.

Architectural style.

b.

Building materials.

c.

Limitations on exterior modifications and expansion.

d.

Limitations on partial or complete demolition.

e.

Maximum building coverage.

f.

Minimum landscape surface ratio.

g.

Setbacks.

h.

Building height.

i.

Other building design standards as deemed appropriate by the plan commission and village board.

(2)

Landscaping regulations beyond those included in article XI.

(3)

Fencing regulations beyond those described in section 18-166.

(e)

Review and approval process. Establishment of each new neighborhood-specific zoning district requires adherence to the zoning ordinance amendment procedures (section 18-243) and the zoning map amendment procedures (section 18-244).

(Ord. No. 090412-02, § 1, 9-4-2012)

(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. Proceedings for an interpretation may be initiated by an application of the owner(s) of the subject property, a recommendation of the plan commission, by action of the village board, or by a request by the zoning administrator.

(c)

Application requirements. An application for an interpretation shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply the following:

(1)

Clear indication 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 subject property at a scale of one inch = 800 feet depicting:

1.

All lands for which the interpretation is requested and all other lands within 200 feet of the boundaries of the subject property.

2.

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 of Walworth County.

3.

Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.

4.

All lot dimensions of the subject property.

5.

A graphic scale and a north arrow.

b.

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.

c.

A site plan of the subject property if proposed for development. Said site plan shall conform to any and all the requirements of section 18-245.

(3)

If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter, a series of written responses to the following questions:

a.

How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the village's comprehensive plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the village?

b.

How is the subject land use in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought?

(d)

Review by zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant.

(2)

The zoning administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application to determine whether the requested variance is in harmony with the recommendations of village's comprehensive plan.

(3)

The zoning administrator shall forward a report to the applicant indicating the interpretation of the zoning administrator. 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.

(e)

Standards for review of requested interpretations. This chapter shall be interpreted in a manner that is consistent with the purposes of 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. (Rationale: 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).

(2)

Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public. (Rationale: 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 the chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter is to be prohibited).

(3)

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. (Rationale: 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 a same or greater degree of protection to any affected party (either 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).

(4)

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.

(5)

In addition to the applicant's response to the questions required by subsection (c)(3) 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 the zoning ordinance, the official zoning map, or a previously applied for appeal from a requested interpretation.

b.

No interpretation shall permit a land use listed as a use permitted by right, a special use, or a conditional use in another zoning district if the use is not listed as permitted in the zoning district of the subject property.

c.

No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property's zoning district.

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.

e.

If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use permit pursuant to section 18-246.

(f)

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.

(g)

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 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)

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.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Purpose. The purpose of this section is to provide regulations governing the appeals process.

(b)

Initiation of request. 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)

Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be within 45 days from the date of issuance of the interpretation by the zoning administrator. Failure to initiate this appeal procedure within this 45-day period shall constitute a final and binding waiver of the right to appeal said interpretation.

(d)

Application. All applications for review of an appeal shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the applicant shall supply 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.

(e)

Review by the zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant.

(2)

The zoning administrator shall review the application and evaluate and comment on the written justification for the requested appeal to the zoning board of appeals as submitted by the applicant. The zoning administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the comprehensive plan.

(3)

The zoning administrator shall forward a report to the board of appeals for review and action. If the zoning administrator determines that the proposal may be in conflict with the provisions this chapter or the comprehensive plan, the zoning administrator shall note this determination in the report.

(f)

Public hearing. Within 45 days of filing of a complete application, the zoning board of appeals shall hold a public hearing in compliance with section 18-242 to consider the request.

(g)

Review and action by the zoning board of appeals.

(1)

Within 60 days after the filing of the complete application, the zoning board of appeals shall make its findings. 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 the application for appeal at the time of its initial meeting, or may continue the proceedings at 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.

(2)

If the zoning board of appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied.

(h)

Effect 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.

(i)

Limited effect of 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.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Violation of this chapter. 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 this section.

(b)

Enforcement policy. The plan commission shall approve and may from time to time amend policies for enforcement of this chapter, consistent with the provisions of this section.

(c)

Investigation and notice of violation. The zoning administrator is responsible for conducting the necessary inspection and investigation to ensure compliance with this chapter and, through field notes, photographs and other means, documenting the presence of violations. If, upon investigation, the zoning administrator becomes aware of a violation of this chapter, he/she shall notify via certified letter the responsible parties and those potentially liable.

(d)

Enforcement of violations.

(1)

It shall be the duty of the building and zoning department to expeditiously review all violations of this chapter reported and, following the investigation and notices provided for in subsection (c) above, take action as appropriate.

(2)

A violator shall upon conviction forfeit to the village a penalty in accordance with the village fee schedule, together with the taxable costs in such action.

(3)

Upon failure to pay a fee, the violator may be confined in the county jail until such forfeiture is paid, for a period not exceeding six months.

(4)

Each day a violation exists or continues shall be considered a separate and distinct offense.

(5)

As a substitute for, in addition to, or in conjunction with forfeiture actions, the village may seek enforcement of any and all parts of this chapter by court actions seeking injunction orders or restraining orders, by pursuing nuisance actions against the violator and/or any other remedy available in equity or at law.

(6)

Compliance with this chapter may also be enforced pursuant to Wisconsin Statutes.

(7)

If the zoning administrator determines that the nature of the 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.

(e)

Violations of permits issued under this chapter.

(1)

Violation of a permit or other approval issued under this chapter, or any condition or approved plan associated with such permit or other approval, shall be deemed a violation of this chapter, shall constitute grounds for revocation of the permit, as well as fines and forfeitures and any other available remedies. A permit or other approval may be revoked only by action of the body that initially granted the permit or other approval, following procedures required for its initial issuance to the extent practical. The decision of the appropriate body shall be furnished to the permit holder in writing, stating the reasons therefore.

(2)

A permit or other approval issued in violation of this chapter, the Wisconsin Administrative Code, or Wisconsin Statutes gives the permit holder no vested right to continue the activity authorized by the permit, and the permit is considered voidable.

(f)

Promulgated correction of violation. In addition to any other penalty imposed by this subsection for a violation of the provisions of this chapter, the village reserves and maintains the continued right to abate violations of this chapter.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 08-01-16-01, § 1, 8-1-2016)