(1)

JURISDICTION. The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village.

(2)

ZONING ADMINISTRATOR.

(a)

Appointment. See section 1.16 of this Code.

(b)

Powers and Duties. It shall be the duty of the Zoning Administrator to interpret and administer this chapter and enforce its provisions. More specifically, the Administrator shall:

1.

Maintain records of all permits issued, inspections made, work approved and other official actions.

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 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.

Assist the Village Attorney in the prosecution of violations.

5.

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If entry is refused after presentation of his identification, he may procure a special inspection warrant in accordance with §66.122, Wis. Stats.

6.

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

7.

Request assistance and cooperation from the Police Department and the Village Attorney as deemed necessary in carrying out his duties.

(2a)

TEMPORARY USES. (Cr. Ord. #32-91; Am. Ord. #20-09; Am. Ord. #07-2023) Temporary uses shall be permitted as listed within the zoning district in which the proposed temporary use is located, but only provided that:

(a)

A site plan, indicating the proposed use, length of stay, off-street parking and traffic circulation, provisions for managing trash and debris, and other information as requested by the Planning Department be submitted with the appropriate filing fee as established in section 17.07(8) below and approved by the Zoning Administrator.

(b)

The use is of a limited and temporary duration and in no case will exceed 6 months.

(c)

The use is similar to or bears some functional or beneficial relationship to a permitted use within the district.

(d)

The use will not be likely to interfere with the appropriate use and enjoyment of nearby properties that may be affected by its operation.

(e)

The use will not involve the installation or construction of a permanent structure.

(f)

Signage may be permitted in accordance with all applicable temporary sign regulations.

(g)

As deemed necessary by the Zoning Administrator, a temporary use permit application may need to be reviewed by other Village departments or officials, including but not limited to, the Building Inspector, Village Engineer, Fire Department, and Police Department. Recommendations by any such department or official may be used as the basis for denying, approving, or assigning specific conditions to a temporary use permit application.

(h)

A temporary use permit may be revoked (or future temporary use permits not granted) if the requirements set forth herein or any condition(s) of approval are not met and/or complied with throughout duration of the temporary use.

(i)

More than one Temporary Use Permit may be granted in succession by the Zoning Administrator or Plan Commission with good cause. (Cr. Ord. #23-2024)

(3)

USE RESTRICTIONS. The following use restrictions and regulations shall apply:

(a)

Principal Uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district.

1.

Accessory Uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening; servants', owner's, itinerant agricultural laborers' and watchman's quarters not for rent; private swimming pools; and private emergency shelters.

2.

Unclassified or Unspecified Uses. (Am. Ord. #18-90) Unclassified or unspecified uses may be permitted by the Plan Commission, provided that such uses are similar in character to the principal uses permitted in the district. If the Plan Commission determines that an unclassified or unspecified use is similar in character to a conditional use specified for that zoning district, the unclassified or unspecified use will require review and approval by both the Plan Commission and the Village Board in accordance with the procedures established in section 17.42 of this chapter.

3.

Temporary Uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Zoning Administrator.

(b)

Performance Standards. (Am. Ord. #08-17) Performance standards listed in section 17.47 of this chapter shall be complied with by all non-residential uses in the districts as specified therein.

(c)

Conditional Uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission in accordance with section 17.42 of this chapter.

(d)

Village Licenses and Permits. (Cr. Ord. #08-17) It is the responsibility of all owners, tenants, or other users of all property to obtain all licenses and permits that may be required by the Village prior to the use of such property including the conduct of a business operation from such property. Village licenses and permits may include, but are not limited to: Entertainment Permit, Liquor License, and any other license or permit required under Chapter 12 and other sections of this Code.

(4)

REDUCTION OR JOINT USE. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(5)

BUILDING ZONING AND OCCUPANCY PERMITS REQUIRED. (Am. Ord. #06-08) No structure, land or water shall hereafter be used or developed; no existing use changed; no existing but currently vacant nonresidential structure or individual tenant space occupied or use changed; no structure shall hereafter be located, erected, moved, substantially improved, extended, enlarged or structurally altered; no vacant or undeveloped land shall be occupied, used or developed for dwelling, commercial, industrial, storage or other nonagricultural or nonconservancy purposes; no building or premises shall be altered, moved or substantially improved and no change in use shall be created; no floodplain or wetland shall be filled, excavated or developed; and no nonconforming use shall be continued, renewed, substantially improved, changed or extended unless and until the owner, tenant or duly authorized agent has applied for and obtained any and all building, zoning and/or occupancy permits from the Building Inspector, Zoning Administrator or their duly authorized agent or deputy.

(6)

RESERVED. (Am. Ord. #06-08)

(7)

OTHER PERMITS. It is the responsibility of a permit applicant to secure all other necessary permits required by any State, Federal or local agency. This includes, but is not limited to, a water use permit pursuant to Chs. 30 and 31, Wis. Stats., or a wetland fill permit, pursuant to Section 404 of the Federal Water Pollution Control Act.

(8)

PROCESSING AND REVIEW FEES. (Am. Ord. #03-07)

All property owners, developers, and other individuals or corporations (hereafter referred to collectively as "applicants") applying, petitioning, or appealing for the review, approval, or issuance of any permit, plan, variance, ordinance text amendment, or ordinance map amendment (hereafter referred to collectively as "permit application") pursuant to this chapter shall pay fees necessary to defray the total direct and indirect costs incurred by any and all Village department staff, elected officials and appointed commissions, legal counsel, consultants, and other representatives or professionals employed or otherwise retained by the Village to process, review, inspect, record, or take any other administrative or enforcement action pertaining to or resulting from the disposition of such permit application (hereafter referred to collectively as "processing costs").

The processing costs associated with each permit application may include, but are not limited to, the cost of time spent by Village department staff to meet with and otherwise communicate with applicants, review plans and process permits, prepare staff reports and recommendations, site and/or compliance inspections, document recording and copying costs, public hearing notice publishing and posting costs, etc.

Because the processing costs associated with each permit application can vary, the Village will require each applicant to submit a flat fee and/or fee deposit in an amount deemed reasonable and necessary by the Village to cover the Village's processing costs for each permit application. Fees and fee deposits shall be submitted when a permit application is submitted to the Village. Fee deposits shall be made into a non interest-bearing "escrow account" from which the Village may make periodic withdrawals to defray processing costs as they are accrued during the course of processing and reviewing each permit application.

Flat fees and the hourly rates used in the determination of costs associated with Village department staff time shall be established by resolution of the Village Board. Processing and review fee "escrow account" deposit amounts for each permit application required under this section shall be determined by the Village Planner/Zoning Administrator. In the event that the processing costs for a particular permit application are expected to (or have) exceeded a fee deposit prior to final disposition of a permit application, an additional escrow account fee deposit in an amount to be determined by the Village Planner/Zoning Administrator may be required prior to any further processing of said permit application at the discretion of the Village. Fee deposits, or portions thereof, that remain in a permit application escrow account after said permit application has been processed or withdrawn shall be returned to the applicant.