Administrative procedures and authority for administering, interpreting and enforcing this chapter are herein established in order to achieve the following purposes:

(a)

To provide for the review of site and development plans before obtaining a zoning permit and a zoning certificate of occupancy.

(b)

To provide for the inclusion of necessary facilities, services and additional uses through conditional use permits.

(c)

To provide for the inclusion of uses which are not specified in this chapter, but which have characteristics and a land use impact similar to permitted uses.

(d)

To assure that no work shall be started on relocation, construction, reconstruction, or structural alteration of a building, structure or use, until the building or use is found to comply with all provisions of this chapter.

(e)

To assure, before construction of new buildings or the commencement of a use or occupancy, or before occupancy is continued after alterations or changes in use have been made, that all regulations of the village have been met by requiring a zoning certificate of occupancy.

(f)

To provide for the enforcement by issuance of orders by the zoning administrator or the building inspector.

(Ord. No. 10-147, § 2.0(1), 7-27-2010)

(a)

The village board, without limitation upon such authority as it may possess by law, has responsibility for implementing and administering this chapter.

(b)

Powers and duties. The village board, in general, performs the following functions:

(1)

Approves or disapproves any application for an amendment to this chapter, including applications for amendment to the official zoning map.

(2)

Approves or disapproves any application for conditional use permit.

(3)

Approves or disapproves any application for a planned development overlay (PDO).

(4)

Approves or disapproves proposed amendments to the village's adopted land use policies.

(5)

Takes such other action not delegated to other bodies that may be desirable and necessary to implement the provisions of this chapter.

(Ord. No. 10-147, § 2.0(2), 7-27-2010)

(a)

The plan commission, without limitation upon such authority as it may possess by law, has responsibility for implementing and administering this chapter as set forth in this section.

(b)

Powers and duties. The plan commission, in general, performs the following functions:

(1)

To initiate, hear, review and offer its recommendations to the village board on applications for amendments to this chapter, including applications for amendment to the official zoning map.

(2)

To hear, review and offer its recommendations to the village board on applications for conditional use permits, PDO, and other matters.

(3)

To aid and assist the village board in implementing the village's adopted land use policies and in planning, developing and completing specific projects.

(4)

To review and report on any matters referred to it by the village board.

(5)

Review of any site plan upon disapproval by the site plan review committee (SPRC).

(6)

To review any similar use not specifically permitted, as denied by the zoning administrator, under section 117-48. In no case shall this interpretation be construed as a process for a use variance.

(Ord. No. 10-147, § 2.0(3), 7-27-2010)

The board of appeals, without limitation upon such authority as it may possess by law, has responsibility for implementing and administering this chapter as set forth in article XII, Zoning Board of Appeals.

(Ord. No. 10-147, § 2.0(4), 7-27-2010)

The primary administration of this chapter is by the zoning administrator and building inspector as noted below and cited throughout the chapter.

(a)

Duties.

(1)

The zoning administrator is responsible for performing the following duties:

a.

Review and administer all site plans required by this chapter.

b.

Review and approve or deny all applications for zoning permits for permitted uses, home occupation permits, sign permits, and any other permits required by this chapter.

c.

Conduct pre-application conferences with petitioners for zoning amendments.

d.

Issue and maintain records of all certificates of occupancy.

e.

Receive, certify for completeness and forward to the plan commission all applications requiring plan commission review as prescribed by this chapter.

f.

Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter.

g.

Make investigations with respect to matters referred to in this chapter.

h.

Have possession of permanent and current records of this chapter, including the village's official zoning map and amendments to the official zoning map, conditional use permits, zoning board of appeals decisions, and ordinance amendments.

i.

Review, process and report findings and recommendations and forward appeal and variance requests to the zoning board of appeals on those applications upon which the zoning board is required to act.

j.

Calumet County Sheriff's Department shall issue all citations for violations of this chapter and enforce all orders of the zoning board of appeals.

k.

Revoke by order, any permit approved under misstatement of fact or contrary to the provisions of this chapter.

(2)

The building inspector is responsible for performing the following duties:

a.

Issue and maintain records of all building permits.

b.

Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter.

c.

Make investigations with respect to matters referred to in this chapter.

d.

Issue violation notices requiring compliance, to advise suspected violators of their right to appeal.

e.

Require that all construction or work of any type be stopped when such work is not in compliance with this chapter and revoke any permit that was unlawfully issued without full compliance of the requirements of this chapter or under fraudulent conditions.

(b)

Remedies. Compliance with the provisions of this chapter shall be enforced by appropriate fines and penalties. Compliance may also be enforced by injunctional suit of the village or by the owner or owners of real estate within the district affected by the regulation.

(c)

Penalties. Any person who violates any provision of this chapter or any order, rule or regulation made hereunder shall, upon conviction, forfeit an amount as set forth in the zoning penalty schedule, reference this code section, plus the cost of prosecution. Each day that a violation continues to exist shall constitute a separate offense.

(d)

Notice of violation. If the zoning administrator finds that any of the provisions of this chapter are being violated, he shall notify, in writing by registered or certified mail, the person(s) responsible indicating the nature of the violation and ordering the action necessary to correct the violation. Whenever a person shall have been notified in writing that they are in violation of the provisions of this chapter, such person shall commence correction of all violations within ten days of notice and shall correct all violations within 45 days of notice. If such corrections are not commenced within ten days of written notice or not corrected with 45 days of written notice, each day that a violation continues shall be considered a separate offense.

(Ord. No. 10-147, § 2.0(5), 7-27-2010; Ord. No. V23-13, 12-19-2023)

The amendment process provides a method for making changes in the zoning text and zoning map.

(a)

Initiation.

(1)

Proposed text amendments may be initiated by: village board, plan commission, the property owner or a resident of the village.

(2)

Proposed map amendments may be initiated by: village board, plan commission, the owner of, or owner's designated agent of the particular property to be rezoned.

(b)

Text amendments.

(1)

Proposal by village board or plan commission. Text amendments may be proposed by a majority vote of the village board or by direct initiation by the plan commission. Such motion shall include findings of how the proposed amendment will serve the general public rather than an individual or narrow interest. If the proposed amendment does not serve the interests of the general public, the amendment shall be filed by the property owner or resident.

(2)

Application by property owner or resident. A property owner or resident wishing to amend the text of this chapter shall meet with the zoning administrator to discuss the proposed amendment. If the owner or resident wishes to pursue an amendment, they shall file an application form with the zoning administrator accompanied by a nonrefundable application fee as set forth in the zoning fee schedule, reference this code section, to cover costs of public notice and administrative review.

(3)

Informal hearing. The property owner or resident wishing to amend the text of this chapter may request an informal hearing before the plan commission in order to obtain preliminary feedback on the amendment.

(4)

Public hearing. Within 45 days of filing, the plan commission shall hold a public hearing, advertised by a Class 2 notice pursuant to Wis. Stats. ch. 985. If the proposed amendment has the effect of changing the allowable use of any property within the village, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the village.

(5)

Action by plan commission. Within 45 days of filing, the plan commission shall review and either approve, approve with modifications, deny, or postpone action (with agreement of the petitioner) on the application. The plan commission shall transmit to the village board its recommendation. The zoning administrator will be responsible for analyzing the facts regarding the petition and prepare a staff review and recommendation for consideration by the plan commission.

(6)

Action by village board. Within 30 days of the plan commission decision, the village board shall approve, approve with modifications, or deny the proposed amendment. village board action to approve the amendment shall be done by ordinance. In the case where the plan commission denies the amendment, such amendment shall not become effective except by a favorable vote of three-fourths of the member of the village board voting on the proposed amendment.

(c)

Map amendments (commonly referred to as rezoning).

(1)

Proposal by village board or plan commission. Map amendments may be proposed by a majority vote of the village board or by direct initiation by the plan commission. Such motion shall include findings of how the proposed amendment will serve the general public rather than an individual or narrow interest. If the proposed amendment does not serve the interests of the general public, the amendment shall be filed by the property owner or owner's agent.

(2)

Application by owner or owner's designated agent. An owner or owner's designated agent wishing to rezone their property shall meet with the zoning administrator to discuss the proposed rezoning. If the owner or owner's designated agent wishes to pursue a rezoning, they shall obtain, complete and file a rezoning application form with the zoning administrator accompanied by a nonrefundable fee as set forth in the zoning fee schedule, reference this code section, to cover costs of public notice and administrative review.

(3)

Standards for map amendments. All recommendations for official zoning map amendments shall be consistent with the adopted plans, goals and policies of the village comprehensive plan and with the intent of this chapter.

a.

Prior to making a recommendation on a proposed rezoning, the plan commission shall make a finding to determine if the following conditions exist. No rezoning of land shall be approved prior to finding at least one of the following:

1.

The request for a zone change is in conformance with the village comprehensive plan.

2.

A study submitted by the applicant that indicates that there has been an increase in the demand for land in the requested zoning district, and as a result, the supply of land within the village mapped as such on the official zoning map, is inadequate to meet the demands for such development.

3.

Proposed amendments cannot be accommodated by sites already zoned in the village due to lack of transportation, utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district(s).

4.

There is an error in the code text or zoning map as enacted.

b.

Any proposed rezoning not consistent with the village comprehensive plan shall require a future land use map amendment and shall follow the process for amending the comprehensive plan prior to rezoning approval.

(4)

Informal hearing. The property owner or resident wishing to amend the text of this chapter may request an informal hearing before the plan commission in order to obtain preliminary feedback on the amendment.

(5)

Public hearing. Within 45 days of filing, the plan commission shall hold a public hearing, advertised by a Class 2 notice pursuant to Wis. Stats. ch. 985. If the proposed amendment has the effect of changing the allowable use of any property within the village, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the village.

a.

Every effort will be made to notify property owners within 300 feet of the subject property by regular mail of the map amendment proposal. Failure to send such notice will not invalidate the public hearing.

(6)

Action by plan commission. Within 45 days of filing, the plan commission shall review and either approve, approve with modifications, deny, or postpone action (with agreement of the petitioner) on the application. The plan commission shall transmit to the village board its recommendation. The zoning administrator will be responsible for analyzing the facts regarding the petition and prepare a staff review and recommendation for consideration by the plan commission.

(7)

Action by village board. Within 30 days of the plan commission decision, the village board shall approve, approve with modifications, or deny the proposed amendment. village board action to approve the amendment shall be done by ordinance. In the case where the plan commission denies the amendment, or in the case where a protest against a rezoning, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed rezoning, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet there from, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the frontage of such opposite land is filed prior to the public hearing, such rezoning shall not become effective except by a favorable vote of three-fourths of the member of the village board voting on the proposed amendment.

(8)

Reapplication time period. No application of a property owner or owner's designated agent for an amendment to the zoning map shall be considered by the plan commission within a one-year period following a denial of the same request by the village board, except that the plan commission may permit a new application if the request is for a different zoning district or for amended property boundaries.

(9)

Concurrent actions for zoning amendment, planned development overlay (PDO) and conditional use permit.

a.

Applicants may submit a single petition to amend the official zoning map to change a base zoning district and designate the same map area as a PDO district.

b.

Applicants may submit a single petition to amend the official zoning map to change a base zoning district, designate the same map area as a PDO district and obtain approval for conditional uses within the PDO district. The procedure for considering such a request shall be the same as for a zoning map amendment.

(Ord. No. 10-147, § 2.0(6), 7-27-2010)

(a)

The purpose of a variance is to allow relief from the strict application of this chapter as will not be contrary to the public interest and, where owing to special characteristics of the property or use, the literal enforcement of this chapter would result in unnecessary hardship or in a practical difficulty for the property owner. Refer to article XII, Zoning Board of Appeals, for procedures for variances.

(b)

All variances shall be granted by the zoning board of appeals unless authority is specifically granted to the village board or plan commission as listed in this chapter.

(Ord. No. 10-147, § 2.0(7), 7-27-2010)

The board of appeals shall hear and decide cases where it is alleged there is error of law in any order, requirement, decision or determination made by the zoning administrator or building inspector in the enforcement of this chapter, refer to article XII, Zoning Board of Appeals, for procedures for appeals.

(Ord. No. 10-147, § 2.0(8), 7-27-2010)

In addition to the applicability of these regulations, certain lands and structures in the village are also subject to, without limitation, regulations pertaining to floodplains, shorelands and wetlands.

(a)

Wetlands. Lands in and near wetlands are regulated by NR 151 Wis. Admin. Code. Landowners should consult the Wisconsin Wetland Inventory Map produced by the Wisconsin Department of Natural Resources to make an initial determination as to whether or not there are wetlands on or near their property. Landowners are cautioned that a conclusive determination can only be made through a wetland determination study.

(b)

Sanitary. Lands may also be regulated by the Calumet County Sanitary Ordinance. Landowners should also consult with the Calumet County Planning and Zoning Department for additional regulations.

(Ord. No. 10-147, § 2.0(9), 7-27-2010)