The purpose of this article is to provide for the proper administration and enforcement of this chapter by defining the powers and duties of the village department of code administration, village board of appeals, village plan commission and village board, and delineating procedures and substantive standards with respect to the administrative functions of each office.

(Comp. Ords. 2000, § 17.20(1))

The village department of code administration is established under the provisions of division 3, article II of chapter 40 and shall consist of the village director of code administration and such duly appointed deputies or assistants as deemed necessary by the village board.

(1)

Jurisdiction. The village department of code administration is hereby vested with full authority to administer and enforce the provisions of this chapter and in furtherance of such authority shall discharge the following duties:

a.

Issue of all applicable approvals, permits and certificates referred to in this chapter.

b.

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

c.

Forward all variance petitions, appeals and other relevant matters to the village board of appeals.

d.

Forward all applications for conditional use approval, zoning chapter amendments, and planned developments to the village plan commission.

e.

Maintain current and permanent department records including, but not limited to, maps, plats, plans, applications, permits, certificates, amendments, conditional uses, variances and appeals.

f.

Periodically review existing regulations and submit recommendations for amendments, changes, corrections, updates and rewrites to the village plan commission.

(2)

Relief from personal responsibilities. The village director of code administration and appointed deputies charged with the enforcement of this chapter, while acting on behalf of the village, shall not thereby be rendered liable personally, and the village director of code administration and appointed deputies are hereby relieved of all personal liability for any damage occurring to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any department officer or employee, because of an act performed by that person in the lawful discharge of duties and under the provisions of this chapter, shall be defended by the legal representative of the village until the final termination of the proceedings. The village director of code administration or appointed deputies shall not be liable for any costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code; and any officer of the village department of code administration, acting in good faith and without malice, shall be free of liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

(Comp. Ords. 2000, § 17.20(2))

The application fee for variances shall be $250.00 if the application is received prior to commencement of construction or development. Such fee shall be $500.00, however, if the application is received after construction or development requiring such variance has started. The application fee for appeals, amendments and conditional uses shall be $250.00. All fees shall be paid the village clerk at the time of application and are nonrefundable, regardless of the outcome of the application.

(Comp. Ords. 2000, § 17.20(11))

The village board of appeals is established under the provisions of Wis. Stats. § 62.23(7)(e) and chapter 2, article III, division 2.

(Comp. Ords. 2000, § 17.20(3)(intro.))

State Law reference— Board of appeals, Wis. Stats. § 62.23(7)(e).

The village board of appeals is hereby vested with such authority as is specified in the Wisconsin Statutes and in furtherance of such authority shall discharge the following duties:

(1)

Hear and rule upon petitions for variances from the terms of this chapter in the manner prescribed by and subject to the standards established herein.

(2)

Hear and rule upon appeals of any order, requirement, ruling or decision made under this chapter by the village director of code administration or any duly appointed deputy or assistant.

(3)

Hear and rule upon all matters referred to it, or upon which it is required to pass under this chapter, as prescribed by Wis. Stats. § 62.23.

(Comp. Ords. 2000, § 17.20(3)(a))

State Law reference— Board of appeals jurisdiction, Wis. Stats. § 67.23(7)(e)(7).

All meetings of the village board of appeals shall be held at the call of the chair, and at such times as the village board of appeals and chairmay determine. All hearings conducted by the village board of appeals shall be open to the public and any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. The village board of appeals shall keep minutes of its proceedings showing the attendance and vote of each member on each question, or, if absent or failing to vote, indicating such fact and shall keep records of its hearings and other official actions. A copy of the minutes and every rule, regulation, order, requirement, decision, or determination of the village board of appeals shall be filed immediately in the office of the village clerk and shall be a public record. The village board of appeals shall adopt rules and establish procedures which do not conflict with this chapter or with applicable state statutes and shall select or appoint such officers as it deems necessary.

(Comp. Ords. 2000, § 17.20(3)(b))

State Law reference— Board of appeals meetings, Wis. Stats. § 67.23(7)(e)3.

All decisions and findings of the village board of appeals on variance petitions, appeals or other matters shall in all instances be final administrative decisions and shall be subject to judicial review as provided by law.

(Comp. Ords. 2000, § 17.20(3)(c))

State Law reference— Appeal of decision, Wis. Stats. § 62.23(7)(e)10.

The village plan commission is established under the provisions of Wis. Stats. § 62.23(1) and chapter 2, article III, division 3.

(Comp. Ords. 2000, § 17.20(4))

The village plan commission is hereby vested with such authority as is specified in state statutes and in furtherance of such authority shall discharge the following duties:

(1)

Review and conduct public hearings on all applications for conditional use approval, zoning chapter amendments, and planned developments, and report findings and recommendations to the village board.

(2)

Periodically review existing regulations and recommendations for amendments, changes, corrections, updates and rewrites received from the village department of code administration and report conclusions and recommendations to the village board.

(3)

Hear and rule upon all matters referred to it, or upon which it is required to pass under this chapter.

(Comp. Ords. 2000, § 17.20(4)(a))

State Law reference— Plan commission functions, Wis. Stats. § 62.23(2).

No development, as defined in section 50-6, of any kind on any parcel of land in the village shall commence until the plans for such development have been reviewed for compliance with the provisions of this chapter and approved by the village department of code administration in accordance with the regulations in this division.

(Comp. Ords. 2000, § 17.20(5)(intro.))

All requests for zoning approval shall be accompanied by a recorded subdivision plat or certified survey map of the lot or parcel of land upon which such development is proposed, unless such recorded plat or survey is on file with the village department of code administration.

(Comp. Ords. 2000, § 17.20(5)(a))

(a)

All requests for zoning approval shall be accompanied by a site plan which is legible, drawn to scale, fully dimensioned, and which accurately shows:

(1)

The location, floor area, height and bulk of all buildings and structures;

(2)

The location of all streets, property lines, wells, septic systems, driveways, parking areas, power lines, easements, floodplain districts and wetland boundaries;

(3)

All existing and proposed ground elevations (contours) and planned site drainage; and

(4)

Such other information as may be required to determine compliance with the provisions of this chapter.

(b)

For inspection and enforcement purposes, all property stakes or markers shall be located and clearly identified prior to site development and shall remain exposed and visible throughout the development period.

(Comp. Ords. 2000, § 17.20(5)(b))

The requirements contained in sections 50-114 and 50-115 may be waived when, in the judgment of the village director of code administration, existing village records provide required information.

(Comp. Ords. 2000, § 17.20(5)(c))

Any approval issued in conflict with this article or any provision of this chapter shall be null and void.

(Comp. Ords. 2000, § 17.20(5)(d))

No zoning approval granted by the village department of code administration shall be valid for a period longer than one year from the approval date unless the construction or development covered by the approval has commenced within such period.

(Comp. Ords. 2000, § 17.20(5)(e))

Certificates of occupancy shall be issued by the village department of code administration in accordance with the regulations in this division.

(Comp. Ords. 2000, § 17.20(6))

A certificate of occupancy is required prior to the occupancy or use of any building or building addition constructed after the effective date of the ordinance from which this chapter is derived; any land vacant on the effective date of the ordinance from which this chapter is derived; or any building or premises changed from one use to another.

(Comp. Ords. 2000, § 17.20(6)(a))

Upon project completion, the property owner or authorized agent shall contact the village department of code administration to request a final inspection and certificate of occupancy. Within seven days of the request, the department shall issue a certificate of occupancy or notify the applicant in writing of the reasons why a certificate cannot be issued.

(Comp. Ords. 2000, § 17.20(6)(b))

No certificate of occupancy shall be issued until construction or development is complete and a final inspection is conducted by the village department of code administration verifying that all buildings and land uses comply with the provisions of this chapter and are in conformity with the plans and specifications upon which the zoning approval was based. Any certificate of occupancy issued in conflict with this article or any provision of this chapter shall be null and void.

(Comp. Ords. 2000, § 17.20(6)(c))

Prior to final completion of a construction or development project and pending the issuance of a certificate of occupancy, approval may be granted by the village department of code administration for temporary or partial occupancy or use of a building or premises for a period not to exceed six months. Temporary or partial occupancy approval may only be granted if all buildings and land uses are in substantial compliance with the provisions of this chapter and no reasonable threats to the health, safety or welfare of the public exist. All construction shall be completed, required inspections conducted, and a certificate of occupancy issued in accordance with the above regulations prior to expiration of the temporary occupancy approval.

(Comp. Ords. 2000, § 17.20(6)(d))

The village board of appeals may vary the regulations of this chapter in harmony with its general purpose, spirit and intent, only in the specific cases hereinafter set forth, where such board makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that enforcement of the strict letter of the regulations of this chapter would result in practical difficulties or unnecessary hardships.

(Comp. Ords. 2000, § 17.20(7))

An application or petition for variance shall be filed in writing with the village department of code administration on such forms as shall be provided by the village and shall be accompanied by a nonrefundable application fee as set forth in section 50-37. The application shall contain such information as the village board of appeals may by rule require. No variance petition, which is identical or substantially similar to a previous application, shall be heard or acted upon within six months of village board of appeals action on such previous petition.

(Comp. Ords. 2000, § 17.20(7)(a))

The village board of appeals shall hold a public hearing on each petition for variance at such time and place as shall be established by the village board of appeals. The public hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the village board of appeals shall by rule prescribe from time to time. A notice of public hearing shall be published at least twice in the official village newspaper and mailed directly to interested parties within 1,000 feet of the subject property Such publication and mailing shall be made at least ten days prior to the date of the public hearing. The village board of appeals shall thereafter render its decision within 60 days from the date of filing of the variance petition.

(Comp. Ords. 2000, § 17.20(7)(b); Ord. No. 2008-6, § 3, 2-25-2008)

It is the duty of the village board of appeals to preserve, to the extent possible, the provisions of this chapter without modification, while ensuring substantial justice for the property owner. The village board of appeals shall not vary the regulations of this chapter unless it shall first make findings, based upon evidence presented to it by the applicant, that all the following variance standards are met:

(1)

Unnecessary hardship. The applicant must show that the difficulty or hardship faced has been created by this chapter and is not self-imposed and that, in the absence of a variance, no feasible use of the property can be made. The difficulty or hardship must be unique to the parcel in question and not one which affects all parcels in the area similarly. Potential loss of profit or desire for financial gain is not, in and of itself, grounds for a variance. Additionally, violations by or variances granted to neighboring property owners does not justify the granting of a variance.

(2)

Unique property limitation. The applicant must show that unique physical characteristics of the property itself, not his own personal desires or preferences, prevent him from building or developing in compliance with the provisions of this chapter. These characteristics may include topographical conditions, parcel shape, physical surroundings, wetland areas or soil types which limit the reasonable use of the property.

(3)

Protection of the public interest. The applicant must show that the granting of a variance will not harm the public interest, including the interests of the public at large, not just those of nearby property owners. The granting of a variance must not result in an inadequate supply of light or air to adjacent property, a substantial increase in congestion of public streets, an increase in the danger of fire, endangerment of the public safety, or reduction or impairment of property values within the neighborhood. The lack of local opposition to a variance petition does not in itself mean that the variance will not harm the public interest.

(Comp. Ords. 2000, § 17.20(7)(c))

The village board of appeals may impose such conditions or restrictions upon the premises benefited by a variance as may be necessary to protect adjoining property, preserve the general character of the neighborhood, comply with the standards established in this article, and achieve the objectives of this chapter.

(Comp. Ords. 2000, § 17.20(7)(d))

The village board of appeals may only grant variances from dimensional standards incorporated in this chapter and in no other circumstances. For the purposes of this article, the term "dimensional standard" includes any regulation establishing a minimum or maximum width, depth, length, height, elevation, distance, dimension, area, size, number, sum, percentage, ratio, proportion, measurement, pitch, slope or comparable dimensional reference.

(Comp. Ords. 2000, § 17.20(7)(e))

No variance granted by the village board of appeals shall be valid for a period longer than two years from the date granted unless construction or development has commenced or the use has been established within such period. Once granted and established, a variance is attached to the property as a permanent right.

(Comp. Ords. 2000, § 17.20(7)(f))

The village board of appeals may hear and rule upon an appeal by any person, firm, corporation, office, department, board or bureau aggrieved by any order, requirement, ruling or decision made under this chapter by the village director of code administration or any duly authorized deputy or assistant.

(Comp. Ords. 2000, § 17.20(8)(intro.))

State Law reference— Similar provision, Wis. Stats. § 62.23(7)(e)4.

A notice of appeal, specifying the grounds for grievance, shall be filed with the village department of code administration within 30 days of the order, requirement, ruling or decision in question, and shall be accompanied by a nonrefundable filing fee as set forth in section 50-37. The village department of code administration shall forthwith transmit to the village board of appeals the notice of appeal and all records upon which such appeal is based.

(Comp. Ords. 2000, § 17.20(8)(a))

State Law reference— Similar provision, Wis. Stats. § 62.23(7)(e).

The filing of an appeal shall stay all actions or legal proceedings in furtherance of the order appealed unless the village department of code administration certifies to the village board of appeals after notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the village board of appeals or by a court of record on application, on notice to the village department of code administration, and on due cause shown.

(Comp. Ords. 2000, § 17.20(8)(b))

State Law reference— Similar provision, Wis. Stats. § 62.23(7)(e)5.

The village board of appeals shall hold a public hearing on each appeal at such time and place as shall be established by the village board of appeals. The public hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the village board of appeals shall by rule prescribe from time to time. A notice of public hearing shall be published at least twice in the official village newspaper and mailed directly to interested parties, such publication and mailing to be made at least ten days prior to the date of the public hearing. The village board of appeals shall thereafter render its decision within 60 days from the date of filing of the appeal.

(Comp. Ords. 2000, § 17.20(8)(c))

The village board of appeals may reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination appealed, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(Comp. Ords. 2000, § 17.20(8)(d))

For the purpose of promoting public health, safety, morals, comfort and general welfare; conserving the value of property throughout the community; and lessening or avoiding congestion of public streets and highways; the village board may, from time to time in the manner hereinafter set forth, amend the regulations imposed by this chapter or amend zoning district boundary lines provided that, in all amendatory ordinances adopted under the authority of this article, due allowance shall be made for existing conditions and property uses, conservation of property values, and orderly community development. The village plan commission shall not recommend the adoption of a proposed amendment unless it finds that such amendment is in the public interest and is not solely for the interest of the applicant.

(Comp. Ords. 2000, § 17.20(9)(intro.))

Amendments may be proposed by any governmental body or by any interested person or organization. An application for amendment shall be filed in writing with the village department of code administration on such forms as shall be provided by the village and shall be accompanied by a nonrefundable application fee as set forth in section 50-37. Such application shall be forwarded to the village plan commission. No application for amendment to this chapter, which is identical or substantially similar to a previous request, shall be heard or acted upon within six months of village plan commission or village board action on such previous request.

(Comp. Ords. 2000, § 17.20(9)(a))

The village plan commission shall hold a public hearing on each application for amendment at such time and place as shall be established by the village plan commission. The public hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the village plan commission shall by rule prescribe from time to time. A notice of public hearing shall be published at least twice in the official village newspaper and mailed directly to interested parties. Such publication and mailing shall be made at least ten days prior to the date of the public hearing. Where the proposed amendment involves a change in zoning district classification, the mailing shall be made to property owners within 300 feet of the subject property.

(Comp. Ords. 2000, § 17.20(9)(b); Ord. No. 2008-6, § 2, 2-25-2008; Ord. No. 2017-03, § 1, 2-27-2017)

Following such public hearing, the village plan commission shall make written findings of fact on the proposed amendment and shall submit such findings, together with its recommendation for approval or disapproval, to the village board. Where the purpose and effect of a proposed amendment is to change the zoning district classification of a particular property, the village plan commission shall make findings, based upon evidence presented to it in each specific case, with respect to the following matters:

(1)

Existing land uses within the general area of the property in question.

(2)

The zoning district classification of land within the general area of the property in question.

(3)

The suitability of the property in question to uses permitted under the existing zoning district classification.

(4)

The trend of development in the general area of the property in question, including recent changes, if any, in zoning district classification.

(Comp. Ords. 2000, § 17.20(9)(c))

In no case shall a lot or parcel of land qualify for a change in zoning district classification unless it possesses at least 200 feet of frontage on a public street or right-of-way, or is at least 25,000 square feet in area, or adjoins a lot or parcel of land which bears the same classification as proposed in the amendment. The village plan commission may recommend the adoption of an amendment changing the zoning district classification of the property in question to a higher classification than that requested by the applicant. For the purpose of this section, the rural estate (R-5) zoning district shall be considered the highest classification and the general industrial (I-1) zoning district shall be considered the lowest classification.

(Comp. Ords. 2000, § 17.20(9)(d))

The village board shall not act upon a proposed amendment to this chapter until it has received a written report and recommendation for approval or disapproval from the village plan commission on such proposed amendment. Village board action shall be taken and a decision rendered within 90 days from the date of filing of the application for amendment.

(Comp. Ords. 2000, § 17.20(9)(e))

In the event of the filing of a written protest against a proposed amendment, such protest to be signed and acknowledged by the owners of 20 percent or more of any of the following described lands, the amendment shall not be approved except by a favorable vote of three-fourths of all the members of the village board:

(1)

The land included in such proposed amendment.

(2)

The property immediately adjacent to and extending 100 feet from the land included in such proposed amendment.

(3)

The property directly opposite to and extending 100 feet from the street frontage of the land included in such proposed amendment.

(Comp. Ords. 2000, § 17.20(9)(f))

The provisions of this chapter are based upon the division of the village into zoning districts within which the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such uses shall be referred to in this chapter as conditional uses.

(Comp. Ords. 2000, § 17.20(10)(intro.))

Conditional uses fall into the following two categories:

(1)

Uses publicly operated or traditionally influenced by a public interest.

(2)

Uses entirely private in character, but of such unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Comp. Ords. 2000, § 17.20(10)(a))

Any person having a freehold interest in land; a possessory interest in land entitled to exclusive possession; a contractual interest in land which may become a freehold interest; or an exclusive possessory interest in land may file an application to use such land for one or more of the conditional uses specified in this chapter in the zoning district in which such land is located.

(Comp. Ords. 2000, § 17.20(10)(b))

An application for conditional use approval shall be filed in writing with the village department of code administration on such forms as shall be provided by the village and shall be accompanied by a nonrefundable application fee as set forth in section 50-37. The application shall be accompanied by a written statement from the applicant, such plans and data as prescribed by the village plan commission, and adequate evidence showing that the proposed conditional use will conform to the standards set forth in section 50-267. Such application shall be forwarded to the village plan commission. No application for conditional use approval, which is identical or substantially similar to a previous request, shall be heard or acted upon within six months of village plan commission or village board action on such previous request.

(Comp. Ords. 2000, § 17.20(10)(c))

The village plan commission shall hold a public hearing on each application for conditional use approval at such time and place as shall be established by the village plan commission. The public hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the village plan commission shall by rule prescribe from time to time. A notice of public hearing shall be published at least twice in the official village newspaper and mailed directly to interested parties within 300 feet of the subject property. Such publication and mailing to be made at least ten days prior to the date of the public hearing.

(Comp. Ords. 2000, § 17.20(10)(d); Ord. No. 2008-6, § 4, 2-25-2008; Ord. No. 2017-03, § 1, 2-27-2017)

Following such public hearing, the village plan commission shall make written findings of fact on the proposed conditional use and shall submit such findings, together with its recommendation for approval or disapproval, to the village board. Such recommendation shall include any stipulations, conditions or guarantees deemed necessary by the village plan commission for the protection of the public interest. See section 50-268.

(Comp. Ords. 2000, § 17.20(10)(e))

The village board shall not act upon an application for conditional use approval until it has received a written report and recommendation for approval or disapproval from the village plan commission on such proposed conditional use. Village board action shall be taken and a decision rendered within 90 days from the date of filing of the application for conditional use approval.

(Comp. Ords. 2000, § 17.20(10)(f))

The village plan commission shall not recommend and the village board shall not approve a conditional use unless findings are first made, based on evidence presented, that the following standards are met:

(1)

The conditional use shall not be detrimental to or endanger the health, safety, morals, comfort or general welfare of the public.

(2)

The conditional use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted, nor shall it substantially diminish or impair property values within the neighborhood.

(3)

The conditional use shall not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

(4)

The exterior architectural appeal and functional plan of proposed buildings and structures shall not be so at variance with existing buildings and structures, or buildings and structures under construction in the immediate area, or the character of the zoning district, as to cause a substantial depreciation in property values within the neighborhood.

(5)

Adequate utilities, access roads, drainage and necessary facilities are in place or will be provided.

(6)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(7)

The conditional use shall, in all other respects, conform to applicable regulations of the zoning district in which it is located, except as such regulations may be modified by the village board pursuant to village plan commission recommendations.

(Comp. Ords. 2000, § 17.20(10)(g))

Prior to approval of a conditional use, the village plan commission may recommend and the village board may require the placement of such conditions and restrictions upon the establishment, location, construction, maintenance and/or operation of such conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards established in section 50-267. Whenever approval is granted for a conditional use, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditions required in connection therewith are being and will be adhered to.

(Comp. Ords. 2000, § 17.20(10)(h))

No conditional use approval granted by the village board shall be valid for a period longer than two years from the date of approval unless the conditional use has been established within such period. In the event the conditional use is not established within such period, without further action by the village plan commission or village board, the conditional use or approval thereof shall be null and void.

(Comp. Ords. 2000, § 17.20(10)(i))