(a)

The village board shall designate that a zoning officer enforce the provisions of this chapter. Powers and responsibilities of the zoning officer include:

(1)

Issue permits and inspect properties for compliance with this chapter and issue certificates of compliance when appropriate.

(2)

Advise applicants as to the provisions of this chapter and assist them in preparing permit applications.

(3)

Maintain permanent records relating to the adoption, amendment and administration of this chapter, including but not limited to all maps, conditional uses, variances, appeals, certificates of occupancy and applications.

(4)

Receive, file and forward all applications for amendments, variances, conditional uses or other related matters to the village board.

(5)

Investigate, prepare reports and report uncorrected violations of this chapter to the village attorney for appropriate corrective action according to the state statutes and this chapter.

(b)

The zoning officer shall prepare a record of all buildings and structures situated within the setback lines as established by this chapter, or any amendment thereto, which shall include the distance of such buildings or structures from the right-of-way line, their size, type of construction and use, the quarter section in which they are situated, and the names and addresses of the owner and occupant of the premises and the date on which the record is made. Such record shall be kept current and shall show any such buildings or structures that may be removed or damaged to the extent that their reconstruction will be contrary to this chapter.

(c)

The zoning officer shall not issue a permit for a structure or a use that is not allowed by this chapter. No structure shall be built, moved or altered, and no land use shall be substantially altered until a permit has been issued.

(d)

All applications for a building permit shall be accompanied by plans in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building, the lines within which the building shall be erected, altered or moved. The existing and/or intended use of each building or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter.

(e)

All dimensions shown relating to the location and size of the lot shall be based upon an actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

(f)

In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with DSPS 383 of the Wisconsin Administrative Code, and shall meet the minimum area requirements of this chapter.

(g)

In any district where public sewerage service is not available, only those sewage disposal systems specified by the community, the state department of safety and professional services and the county sanitarian shall be permitted after certification by the county sanitarian.

(h)

Any person who violates, disobeys, neglects, omits or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, forfeit not less than $10.00 nor more than $200.00 for each offense, together with the costs of prosecution, shall be imprisoned in the county jail until the forfeiture and costs are paid, but not exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense. Notwithstanding such forfeiture or imprisonment, action may be brought to enjoin, remove or vacate any use, erection, moving, or alteration of any building or use in violation of this chapter.

(Ord. of 2-21-94(2), § 14; Ord. of 7-27-15(1), § I(2))

(a)

Established; membership.

(1)

A board of appeals is hereby established as specified by Wis. Stats. §§ 61.35 and 62.23(7)(e). The board of appeals shall consist of five members appointed by the village president, subject to confirmation by the village board, for three years; except that of those appointed one shall serve for one year, two for two years, and two for three years. The members shall receive compensation at the rate of $50.00 per meeting attended. Board of appeals members shall be removable by the village president for cause upon written charges and after public hearing. The village president shall designate one of the members chairperson. The village president shall appoint an alternate member for a term of three years, who shall act with full power only when a member of the board of appeals refuses to vote because of interest or when a member is absent.

(2)

Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(3)

Not more than one member of the village board may be a member of the board of appeals.

(4)

The board of appeals may employ a secretary and other employees.

(b)

Meetings. The board of appeals shall adopt rules for its government and procedure. Meetings of the board of appeals shall be held at the call of the chairperson and at such other times as the board of appeals may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(c)

Records. The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of appeals and shall be a public record.

(d)

Appeals. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the village affected by any decision of the administrative officer. A fee as provided in appendix C to this Code shall be paid at the time of filing of such appeal. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of appeals, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken. The board of appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties of interest, and shall decide the same within 90 days of receiving a notice of appeal.

(Ord. of 2-21-94(2), § 13; Ord. No. 78-76, § I, 3-12-07)

The board of appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector.

(2)

To hear and decide special exceptions to the terms of this chapter upon which the board of appeals is required to pass.

(3)

To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions peculiar to a specific lot or tract of land, a literal enforcement will 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.

In every case where a variance from these regulations has been granted by the board of appeals, the minutes of the board shall affirmatively show that a "practical difficulty" or "unnecessary hardship" exists; and the records of the board shall clearly show in what particular and specific respects a "practical difficulty" or an "unnecessary hardship" is created.

(4)

Permit the erection and use of a building or premises in any location, subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter, for such public utility purposes which are reasonably necessary for public convenience and welfare.

(5)

The board of appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the building inspector. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.

(6)

In addition to the foregoing, the board of appeals shall have the following specific powers:

a.

Grant a permit for a temporary building for commerce or industry in a residence district which is incidental to the residential development, such permit to be issued for a period of not more than one year.

b.

Grant a permit for the extension of a district boundary for a distance of not more than 25 feet only where the boundary of a district divides a lot in a single ownership at the time of the adoption of this chapter.

c.

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the district map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on the aforesaid map.

d.

The board of appeals shall have the power to call on any other village department for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.

(7)

Except as specifically provided, no action of the board of appeals shall have the effect of permitting in any district uses prohibited in such district.

(8)

In exercising the foregoing powers, the board of appeals may in appropriate cases establish suitable conditions and safeguard in harmony with the general purposes and intent of this chapter.

(Ord. of 2-21-94(2), § 13)