Fredonia Village City Zoning Code
ARTICLE XII
Administration
§ 575-105 General administrative system.
The Village Zoning Administrator is charged with administration and enforcement of this chapter. Certain considerations, particularly with regard to conditional uses, changes in zoning districts and the Zoning Map, and amending the text of this Zoning chapter require review and recommendation by the Planning Commission and ultimate action by the Village Board. A Zoning Board of Appeals is provided to ensure proper administration of the chapter and to avoid arbitrariness.
§ 575-106 Zoning fees.
A.
Fees. All persons, firms, or corporations performing work which, by this chapter, requires the issuance of a permit, variance, review and/or approval shall pay a fee to the Village Treasurer to help defray the cost of the administration, investigation, advertising, and processing. Such fees shall be in accordance with the current schedule of fees as adopted by the Village Board. The fee schedule may be amended from time to time by action of the Village Board.
[Amended 11-17-2022 by Ord. No. 2022-6]
B.
Permit fees. Permit fees do not include and are in addition to permit fees established by the Building Code.
C.
Double fee. A double fee may be charged by the Village Planning Commission if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
§ 575-107 Violations and penalties.
A.
Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Village Board, the Zoning Administrator, the Planning Commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceedings to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Village Board, the Zoning Administrator or the Village Attorney may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in § 1-4 of this Code of Ordinances. Each violation and each day a violation continues or occurs shall constitute a separate offense. The Village shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution provided for in § 1-4.
§ 575-108 Role of specific Village officials in zoning administration.
A.
Zoning Administrator. The Village Board shall designate the Village Administrator to serve as the Zoning Administrator and as the administrative enforcement officer for the provisions of this chapter. In this chapter, the terms "Village Administrator" and "Zoning Administrator" shall both be interpreted to include the other, as well as any designee, in the conduct of Village business. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Zoning Administrator shall further:
[Amended 5-18-2023 by Ord. No. 2023-4]
(2)
Inspect all structures, lands and waters as often as necessary to assure compliance with this chapter.
(3)
Investigate all complaints made relating to the location of structures and the use of structures, lands and waters, give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises and report uncorrected violations to the Village Attorney in a manner specified by him.
(4)
Prohibit the use or erection of any structure, land or water until he has approved such use or erection.
(5)
Request assistance and cooperation from the Village Engineer, Village Marshal and Village Attorney as deemed necessary.
B.
Village Board. The Village Board, the governing body of the Village, subject to recommendations by the Planning Commission and the holding of public hearings by said Board, has authority to make changes and amendments in zoning districts and the Zoning Map, to amend the text of this chapter and to make similar use determinations for permitted uses under § 575-111. The Village Board may delegate to the Planning Commission the responsibility to hold some or all public hearings as required under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 575-109 Village Planning Commission.
[Amended 10-15-2015 by Ord. No. 2015-02]
A.
Creation and composition. The Village of Fredonia has created a Planning Commission in accordance with § 62.23, Wis. Stats. The Commission has a total of seven members. The Village President serves on the Planning Commission and is responsible for appointing the other six members. The members of the commission shall be appointed to hold office for a period of three years. Appointments shall be made by the Village President during the month of April for terms that expire in April or at any other time if a vacancy occurs during the middle of a term. The Planning Commission shall always have at least three citizen members who are not Village officials. Citizen members shall be persons of recognized experience and qualifications.
B.
Expenses. The Planning Commission shall have power and authority to employ experts and a staff, and to pay their wages and such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made for such Commission by the Village Board, or placed at its disposal through gift, and subject to any ordinance or resolution enacted by the Village Board.
C.
Rules of procedure. The Planning Commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.
D.
Master plan. It shall be the function and duty of the Commission to make and adopt a master plan and from time to time amend, extend, or add to the master plan as provided in § 62.23(3). Wis. Stats..
E.
Similar use interpretations for conditional uses. It shall be the duty of the Planning Commission to review requests for similar use interpretations when the unclassified or unspecified use is similar to a use that is listed as a conditional use in a given zoning district under § 575-26.[1] The Planning Commission shall follow procedures as set forth under § 575-111 in making the similar use interpretation. Applications for interpretations related to uses that are similar to permitted uses in any given district are heard by the Village Board under § 575-111.
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
F.
Site plan and architectural review.
(1)
Purpose. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall use, erect, construct, alter or enlarge any structure, other than single-family and two-family dwellings and A-1 agricultural buildings and structures, nor shall any substantial changes be made to any site improvements in any district, without first obtaining the approval of detailed site and architectural plans as set forth in this section. This section shall not apply to interior remodeling work that has no effect on the exterior design or appearance of such building or structure.
(2)
Planning Commission review. The Planning Commission may take action to approve, approve with conditions or deny items which come before it. The Planning Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, loading and unloading, highway access, traffic generation and circulation, drainage, sewerage and water systems, other utilities, utilization of landscaping and open space, and the proposed operation in accordance with Village ordinances and proper planning principles. Planning Commission action is final for some types of items, whereas others require additional levels of review and approval as follows:
(a)
Site plan and architectural review. The Planning Commission considers applications and approves, denies or conditionally approves the proposal. Following Planning Commission action, the Village Board is informed of the Planning Commission decision.
[Amended 9-7-2023 by Ord. No. 2023-7]
(b)
Subdivision review. The Planning Commission considers plats and certified survey maps, and approves, denies or conditionally approves the proposal. Planning Commission action is advisory to the Village Board, which has final approval authority.
(c)
Conditional uses. The Planning Commission holds public hearings prior to the issuance of permits for conditional uses in the Village. The Planning Commission may approve, deny or conditionally approve the application for a conditional use permit. Planning Commission action is final. The Village Board is informed of the Planning Commission action on the matter.
(d)
Rezoning. The Planning Commission considers applications for rezoning and makes a recommendation to the Village Board, which has authority to approve or deny rezoning requests.
(3)
Site plan.
(a)
A drawing or set of drawings to scale that show the existing site, the proposed improvements, grading, landscape, and site encumbrances such as easements. The site plan shall include one or more of the following as determined by the Village Engineer based on physical characteristics of the property:
[1]
Existing buildings.
[2]
Existing pavement, identifying use and type of pavement.
[3]
Existing structures or other site improvements.
[4]
Existing landscape and green areas identified by type (e.g., lawn, meadow, woods, etc.).
[5]
Existing trees over six inches in diameter.
[6]
Existing utilities above and below ground.
[7]
Existing easements.
[8]
Existing grades with two-foot or smaller contour interval.
[9]
Plat of survey showing the property boundary that meets the requirements of Wisconsin Administrative Code Chapter A-E 7.
[10]
Proposed buildings.
[11]
Proposed parking.
[12]
Proposed walks.
[13]
Proposed drives.
[14]
Proposed structures.
[15]
Proposed utilities above and below ground.
[16]
Proposed easements.
[17]
Proposed landscaping.
[18]
Proposed stormwater facilities.
[19]
Proposed erosion control practices.
[20]
Proposed grades with one feet or smaller contour intervals.
[21]
Proposed first floor, top of slab, or top of block elevation as appropriate.
[22]
Scale shall be appropriate for the size of the site to facilitate review.
[23]
A description of all proposed materials to be used.
[Added 9-7-2023 by Ord. No. 2023-7]
(b)
Applicant shall submit 10 copies of the site plan to the Village.
(4)
Standard of review. In determining whether to approve site and architectural plans for new structures, uses and changes or additions to existing structures and uses, the Planning Commission shall consider the following:
(a)
Whether the design or exterior appearance of the structure is compatible with its surroundings or is of such unorthodox or abnormal character in relationship to its surroundings as to be unsightly or offensive with the surrounding area.
(b)
Whether the design or exterior appearance of the structure is identical with those adjoining as to create excessive monotony or drabness.
(c)
Whether any exposed facade of the structure is constructed or faced with a finished material which is aesthetically incompatible with the other facades or presents an unattractive appearance to the public and to surrounding properties.
(d)
Whether the structure or use would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
(e)
Whether the structure and use would have a negative impact on the maintenance of safe and healthful conditions in the Village.
(f)
Whether the structure and use shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical. The Planning Commission may require that drainage easements be executed. Property owners shall comply with existing subdivision or development grading plans.
(g)
Whether there shall be adequate provision for safe traffic circulation and safe driveway locations. In considering the location of driveways, the Commission shall consider those factors set forth elsewhere in the Code.
(h)
Whether there shall be adequate provision for parking and loading areas.
(i)
Whether lighting shall be installed in accordance with all applicable ordinances.
(j)
Whether there shall be adequate provision for public services.
(k)
Whether the structure and uses shall make appropriate use of open spaces and shall provide appropriate landscaping and planting screens.
(l)
Whether appropriate erosion control measures are being utilized.
(5)
Sureties. The Planning Commission may impose time schedules for the completion of buildings, parking areas, open space utilization, and landscaping. The Planning Commission may require appropriate sureties to guarantee that improvements will be completed on schedule.
(6)
Procedure. Building plans requiring architectural review shall be reviewed at a public meeting. The Planning Commission shall schedule a reasonable time and place for the meeting and cause notice to be mailed to the applicant, the Zoning Administrator, the Building Inspector, and any other parties in interest at least five days prior' to the meeting. The applicant may appear in person, by agent, or by attorney. The Planning Commission shall not approve any application unless it finds by a preponderance of the evidence that the proposal comports with the standards set forth in Subsection F(4). The findings of the Planning Commission shall be indicated in the minutes of its proceedings
[Added 9-7-2023 by Ord. No. 2023-7[2]]
[2]
Editor's Note: This ordinance also provided for the rede signation of former Subsection F(6) as Subsection F(7).
(7)
Appeals. Any person or persons aggrieved by any decisions of the Planning Commission or Building Inspector related to plan review may appeal the decision to the Zoning Board of Appeals. Such appeal shall be filed with the Zoning Administrator within 20 days after the decision.
G.
Hearing of appeal of denial of accessory structure on abutting lots in different districts. It shall be the duty of the Planning Commission to hear an appeal of the Building Inspector's denial as it relates to an accessory structure restriction, height restriction or structure setback restriction if the abutting lot's zoning restrictions would allow for such accessory structure. The Planning Commission has the authority to grant a building permit if it determines that the structure is appropriate under § 575-95.
[Amended 9-21-2017 by Ord. No. 2017-04]
§ 575-110 Permit or Planning Commission review required.
[Amended 9-7-2023 by Ord. No. 2023-7]
No structure shall be erected, moved, reconstructed, extended, enlarged, or have its exterior altered or changed without either a) a permit issued by the Building Inspector or Zoning Administrator or b) the review and approval of the Planning Commission, as set forth in § 575-109F(3) to (7).
§ 575-111 Similar use interpretations.
A.
Need and authority to make similar use interpretations. The authority to make similar use interpretations shall be as follows:
(1)
Similar use interpretations for permitted uses. Where a proposed unclassified or unspecified use is similar in character to a permitted use in a given district the Village Board is authorized to make a similar use interpretation. The standards contained in this section shall guide similar use interpretations for permitted uses.
(2)
Similar use interpretations for conditional uses. Where a proposed unclassified or unspecified use is similar in character to a conditional use in a given district the Planning Commission is authorized to make a similar use interpretation. The standards contained in this section shall guide similar use interpretations for conditional uses.
B.
Considerations used in making similar use interpretations. The following considerations shall be used to determine what category a use is in and whether the activities are to be considered principal or accessory uses:
(1)
The similarity of the proposed or projected use or activity to already-permitted uses and activities.
(2)
The relative amount of site area or floor space and equipment devoted to the activity.
(3)
Relative amounts of sales from each activity.
(4)
The type of customer for each activity.
(5)
The relative number of employees in each activity.
(6)
Hours of operation.
(7)
Building and site arrangement.
(8)
Vehicles used in the activity.
(9)
The relative number of vehicle trips generated by the use or activity.
(10)
Signage.
(11)
How the use or activity advertises itself.
(12)
Whether the use or activity is likely to be found independent of the other uses or activities on the site.
C.
Additional standards for similar use interpretations.
(1)
No similar use interpretation shall permit any use in any zoning district unless evidence shall be presented demonstrating that it will comply with all applicable use standards and all other applicable requirements and standards of this chapter.
(2)
No similar use interpretation shall permit any use in a zoning district unless the use is similar to other uses allowed in the zoning district and is more similar to such uses than to other uses that are not allowed in that zoning district.
(3)
If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is proposed to be located, then any similar use interpretation permitting that use shall require a conditional use permit.
D.
Effect of similar use interpretations. A similar use interpretation finding that a particular use is conditionally permitted in a specific district shall not automatically authorize the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. It merely authorizes the preparation, filing and processing of applications for any permits and approvals that may be required by the Village of Fredonia's codes and ordinances or other governmental agencies having jurisdiction. These permits and approvals include, but are not limited to, site plan and architectural review, conditional use permits, building permits and certificates of occupancy.
§ 575-112 Issuance of zoning permits.
A.
A zoning permit shall be required for all nonresidential uses, household occupations and cottage industries. The zoning permit shall be obtained prior to commencement of new uses and upon any change of ownership for existing uses.
B.
Exceptions.
(1)
Conditional uses. Issuance of a conditional use permit shall authorize the issuance of a zoning permit without further review, although fees must be paid in accordance with the Village Board's established fee schedule. A zoning permit application and review shall be required upon the change in ownership of any use for which a conditional use permit has been issued.
(2)
Projects which require site plan and architectural review. Zoning permits shall be issued without further review upon completion of site plan review and architectural review and approval. Zoning permit fees must be paid in accordance with the Village Board's approved fee schedule.
C.
Application procedure.
(1)
The Zoning Administrator is authorized to issue zoning permits upon the satisfactory completion of the application process, compliance with all applicable codes and ordinances, and the payment of such fees as are listed in the Village Board's approved fee schedule. The Zoning Administrator may, at his discretion, refer zoning permit applications to the Planning Commission for review and approval.
(2)
The application shall include:
(a)
Name, address and telephone number of applicant and property owner.
(b)
Address of the property and a general description of the proposed use and any new construction or modification to existing structures.
(c)
Plan of operation, including number of employees and hours of operation.
(d)
Floor plan.