Gilman City Zoning Code

ADMINISTRATION

§ 157.130 ZONING ADMINISTRATOR DESIGNATION.

(A) The Zoning Administrator is hereby designated as the enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and, after on-site inspection, advise the Village Board on the issuance of all zoning permits required by this chapter.

(B) The Zoning Administrator shall further:

(1) Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose;

(2) Initiate, direct and review, from time to time, a study of the provisions of this chapter, and make reports of the recommendations to the Planning Committee for investigation and appropriate action;

(3) Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the Zoning Administrator or the Board of Appeals, or take any other action as directed by the Village Board to ensure compliance with or to prevent violation of its provisions;

(4) Inspect all structures, lands and waters as often as necessary to assure compliance with this chapter;

(5) 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 Board for referral to the Village Attorney in a manner specified by him or her (see § 157.137);

(6) Assist the Village Attorney in the prosecution of ordinance violations (see § 157.137);

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

(8) Prohibit the use or erection of any structure, land or water until he or she or his or her representative has inspected and approved such use or erection; and

(9) Request assistance and cooperation from the Village Planning Committee, Village Police Department and Village Attorney as deemed necessary.

(Prior Code, § 22.25(1)) (Ord. passed - -2011)

§ 157.131 BUILDING PERMIT.

(A) (1) No building or structure above or below the ground, shall be erected, structurally altered or relocated within the village until a building permit has been issued by the Zoning Administrator certifying that such building would be in compliance with the provisions of this chapter and all applicable building codes.

(2) Exceptions are as follows.

(a) No building permit shall be required for re-roofing a structure, unless the design or form of the roof is changed, or for painting any structure.

(b) No building permit shall be required for the following when the cost does not exceed (total cost - all improvements) $2,000:

1. Additional plumbing fixtures;

2. New siding;

3. New windows;

4. Basement expansion;

5. New foundation or basement walls;

6. New floor (not including replacement);

7. Extra or additional heating plant or central air conditioning;

8. Addition or major remodeling of bathrooms;

9. New fireplaces;

10. Addition of garages, carports, breezeways and porches;

11. Basement finishing;

12. Attic finishing;

13. Concrete and blacktop driveways or parking lots; and

14. Sidewalks (see §§ 90.02 and 90.03).

(c) Any of the above work must be done in conformance with this chapter and all other ordinances in effect within the village.

(B) No person, whether as owner, contractor, builder and the like, shall erect, construct or structurally alter any building or other structure without obtaining a required zoning permit from the Zoning Administrator, and such Zoning Administrator shall not issue any zoning permit unless the requirements of this chapter are complied with.

(C) All applications for building permits shall be signed by the applicant or his or her agent, and shall be made to the Village Clerk for submission to the Zoning Administrator for approval or disapproval.

(D) (1) The application is to be submitted on the form supplied by the village which shall contain the following:

(a) A statement that the applicant will comply with all village ordinances and all laws of this state applicable to the premises;

(b) A legal description of the property; and

(2) The application shall also be accompanied by plans, drawn to scale, showing the location, actual shape and dimensions of the lot to be built on, the exact size and location on the lot of the proposed or existing building and accessory building, the required setbacks, the existing and intended use of each building or part of a building, the number of families the building is intended to accommodate and such other information as may be required by the Village Board for the purpose of compliance with this chapter. All grades for building shall be obtained from the village. Grades are to be checked by the Village Director of Public Works before any new footings can be installed. An application for a building permit shall be made in conformity with the requirements of this chapter and all applicable building codes.

(E) A building permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application and the applicant shall post such permit in a conspicuous and prominent place at the site of the permitted building activity. The permit shall expire within six months unless substantial work has commenced, or within 18 months after the issuance of the permit, if the structure for which a permit is issued is not substantially completed, and the property must be returned to its original condition at the time of original issuance of said permit. The applicant shall reapply for a building permit before commencing work on the property or structure subject to an expired building permit. Substantial work or substantially completed as stated above shall be determined by the Zoning Administrator and any dispute of such determination shall be presented to the Village Board for final determination. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(Prior Code, § 22.25(2)) (Ord. passed - -2011)

§ 157.132 PLANNING COMMITTEE.

The Planning Committee shall have the duties and powers conferred upon it by § 30.18(A)(4) of this code.

(Prior Code, § 22.25(3)) (Ord. passed - -2011; Ord. 2023-02, passed 7-12-2023)

§ 157.133 CONDITIONAL USE PERMIT.

(A) Purpose. The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible.

(1) In addition to such permitted compatible uses, however, it is recognized that there are other uses which may be necessary or desirable to allow in a given district, but which because of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as conditional uses.

(2) In some cases, traditionally more restrictive uses such as single-family dwellings are only allowed in less restrictive districts such as Light Industrial. While there may be merit in segregating such uses because of incompatibility with the less restrictive use, the size of the village and necessity to preserve the tax basis may be considered in determining that such more restrictive use shall be permitted as a conditional use.

(3) Conditional uses may but are not required to be permitted in the district in which listed upon petition for such grant to the Village Board, and subject to the recommendation of the Planning Committee, approval of the Board and to such other conditions as hereinafter designated.

(B) Application for conditional use permit. A request for conditional use grant shall be submitted in writing to the Village Clerk by the person requesting such action on forms furnished by the Village Clerk.

(1) The persons requesting such action shall provide all information requested on the application/petition, including:

(a) Names and address of the applicant, owner of the site, architect, professional engineer, contractor, when engaged, and all opposite and abutting property owners of record;

(b) Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies;

(c) A map drawn to scale showing the location, property boundaries, dimensions, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions, existing and proposed street, side and rear yards; and areas subject to inundation by flood waters;

(d) Purpose of which the conditional use permit is requested;

(e) Reciting of facts indicating that the proposed use will not be detrimental to the general public interest, the purposes of this chapter and the general area in which it is located;

(f) Drainage and sewage disposal plans;

(g) Architecture and landscape treatment;

(h) Planting screen and operational control devices plan, where necessary, to eliminate noise, dust, odor, smoke or other objectionable operating conditions; and

(i) Any further information requested on the application/petition which may be required by the Planning Committee to render its decision.

(2) Failure to supply such information shall be grounds for dismissal of the application/petition.

(1) The Village Clerk shall transmit the petition to the Planning Committee.

(2) The Village Planning Committee shall conduct a study and investigation of all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The Planning Committee may consult with the Zoning Administrator regarding the petition. The recommendation shall be made within 60 days from which the petition is first received and shall be made in writing to the Village Board.

(D) Hearings. The Village Board shall hold a public hearing upon each proposed change or amendment recommended by the Village Planning Committee, giving notice of the time, place and change or amendment proposed by publication of a Class 2 notice under Wis. Stats. Chapter 985. In addition, the Village Board may, at its option, require that notice be given to owners of record of properties located within 175 feet of the parcel involved. See § 157.135(A).

(E) Review and decision. Within 30 days following the public hearing and any necessary study and investigation, the Village Board shall so soon as practical render its decision in writing and a copy shall be made a permanent part of the Board’s records. Such decisions shall include an accurate description of the conditional use permitted and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval.

(F) Standards for conditional use permit approval. The Planning Committee and Village Board shall apply the following general standards when reviewing, recommending and approving or disapproving a conditional use permit.

(1) No grant of a conditional use shall violate the spirit or intent of this chapter.

(2) No conditional use shall be allowed which could be contrary to the public health, safety or general welfare, or which would be substantially adverse to property value in the neighborhood affected.

(3) No use shall be permitted by conditional use permit that would constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors.

(4) The conditional use will not be injurious to the use, value and enjoyment of other property in the immediate vicinity for purposes already permitted.

(5) The conditional use will not, in any way, impede or diminish the normal and orderly development and improvement of the surrounding property or the district.

(6) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

(7) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

(G) Authority to impose conditions. The Planning Committee and the Village Board may make the granting of an application for a conditional use permit contingent upon such express conditions as it considers necessary to further the aims of this chapter and to achieve the standards of division (F) above. The applicant must agree to the conditions prior to the approval of a conditional use permit. These conditions may include but are not limited to specifications of:

(1) The period of time in which all or part of the use may be permitted;

(2) Setback and yard dimensions;

(3) Specified sewage disposal and water supply facilities;

(4) Landscaping and planting screens;

(5) Operational controls;

(6) Sureties;

(7) Deed restrictions;

(8) Location of structures, docks, piers or signs;

(9) Location and amount of parking facilities;

(10) Type of construction;

(11) Type of shore cover;

(12) Sign and lighting limitations; and

(13) Number of employees.

(H) Notation of approval. When a conditional use permit is approved, the building permit shall be appropriately noted and such permit shall be applicable solely to the structures, use and property so described. Indication of such permit shall also be made on the Zoning District Map by appropriate symbol.

(I) Dimensions. Except as may be specifically otherwise provided, any use shall conform to the building location, height, lot size and open space regulations of the district in which it is located.

(J) Lapse of conditional use permit. A conditional use permit shall lapse and become void one year after passage by the Village Board unless the conditional use is fully established or a building permit has been issued and/or construction has commenced and is being pursued diligently according to the requirements of the permit. A conditional use permit may be renewed for an additional period of one year by application to and approval of the Village Board.

(K) Automatic termination of conditional use permit. In the event the use for which the permit was granted shall cease or be abandoned for a period of one continuous year, the conditional use permit granted herein shall automatically cease.

(L) Revocation of conditional use permit. If, in the opinion of the Village Board, the terms of a conditional use permit have been violated, or that the use is substantially detrimental to persons of property in the neighborhood, the Village Board shall, following notice to all parties, hold a public hearing on the revocation of the permit. If, upon finding of act that the terms of the permit have been violated, the Village Board may revoke, modify or leave the permit unchanged. The Village Board may thereafter direct the Village Attorney to secure such additional court orders as are necessary to implement its action.

(M) Fees. All conditional use petitions shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing, as provided for in § 157.134.

(Prior Code, § 22.25(4)) (Ord. passed - -2011)

§ 157.134 FEES FOR PERMITS, VARIANCES, REZONINGS, CONDITIONAL USES AND SIGNS.

All persons, firms or corporations performing work which by this chapter requires an action of the Zoning Administrator, the Planning Committee, or the Village Board shall pay a fee for consideration to the Village Clerk to help defray the cost of administration, investigation, advertising and processing of such actions. The fees for consideration shall be in accordance with the fee schedule established by the Village Board and presented as a separate attachment in support of these regulations.

(Prior Code, § 22.25(5)) (Ord. passed - -2011)

Cross-reference:

Fee schedule, see § 34.02

§ 157.135 PUBLIC HEARINGS.

In order that the owners of property involved and other legitimately interested partied may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this chapter in the manner hereinafter defined or as may be otherwise specifically designated elsewhere in this chapter.

(A) The notice to be given concerning any appeals or variances, conditional use permits, or changes and amendments of this chapter shall be given by publishing a Class 2 notice under Wis. Stats. Chapter 985, and by giving due notice of the hearing to all parties in interest.

(B) Due notice to parties in interest shall mean that the Village Clerk will mail, by ordinary postage, reasonable advance notice of all hearings and meetings on any pending matter to the applicant and to owners of record of properties which are located within 175 feet of the parcel involved in the application (250 feet in the case of changes and amendments to the zoning districts and regulations). In addition, at least ten days’ prior written notice of any such hearings shall be given to the Clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the application. Failure of the office to accomplish such provision of notice shall not invalidate or prejudice the proceedings, provided that reasonable efforts were made to so notify the parties in interest.

(Prior Code, § 22.25(6)) (Ord. passed - -2011)

§ 157.136 ANNEXATIONS.

Any area annexed to the village after the effective date of this chapter shall automatically be placed in the R-1 Single-Family Residence District, and shall remain in such district until the appropriate zoning district(s), zoning district boundaries and regulations are studied and recommended by the Planning Committee and adopted by the Village Board in accordance with the requirements of §§ 157.110 through 157.116; except that such adoption be completed within 60 days of the annexation.

(Prior Code, § 22.25(7)) (Ord. passed - -2011)

§ 157.137 MUNICIPALITIES AND STATE AGENCIES REGULATED.

Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the State Department of Transportation are exempt from compliance when Wis. Stats. § 30.12(4)(a) applies.

(Prior Code, § 22.25(8)) (Ord. passed - -2011)

§ 157.138 VIOLATIONS.

(A) It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the Zoning Administrator, Village Board, Village Planning Committee or any property owner who would be specifically damaged by such violation, may institute appropriate action or proceeding to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(B) Whenever an order of the Zoning Administrator, Planning Committee, Board of Appeals or Village Board 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 Zoning Administrator, Planning Committee, Board of Appeals, Village Board or the Village Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent or occupant from using such structure, land or water.

(Prior Code, § 22.25(9)) (Ord. passed - -2011) Penalty, see § 157.999

§ 157.139 EFFECTIVE DATE.

This chapter has been revised and is effective the date of passage and publication as required by law.

(Prior Code, § 22.26) (Ord. passed - -2011)

§ 157.999 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter or any order of the Zoning Administrator, Village Board, Board of Appeals or Planning Committee issued in accordance with this chapter shall, upon conviction thereof, forfeit to the village a penalty of not less than $50 together with the taxable cost in such action and not more than $500, and in default of payment thereof shall be imprisoned for a term of not more than 30 days or until such penalty and costs are paid. Each and every day of violation shall constitute a separate offense in addition to any penalties. All footings, construction, buildings and structures installed in violation of this chapter shall, at the request of the village immediately be removed by the violator at the violator’s expense. Compliance with this chapter is mandatory, and no building or structure shall be allowed without full compliance. Compliance therewith may also be enforced by an injunctional order at the suit of the village or the owner or owners of real estate within the district affected by the regulations of this chapter.

(Prior Code, § 22.25(9)) (Ord. passed - -2011)