The village shall appoint a zoning officer for the enforcement provisions of this chapter. The duty of the zoning officer shall be to interpret and administer this chapter and to issue, after onsite inspection, all permits required by this chapter. The zoning officer shall further:

(1)

Advise applicants as to the provisions of this chapter, assist them in preparing permit applications and appeal forms, and ensure that the regional flood elevation is shown on permit applications where appropriate.

(2)

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

(3)

Record the lowest floor elevations of all structures erected, moved, altered or improved in the flood land districts.

(4)

Establish that all necessary permits that are required for flood land uses by state and federal law have been secured.

(5)

Inspect all structures, lands, and waters as often as necessary to ensure compliance with this chapter.

(6)

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

(7)

Investigate and report violations of this chapter to the appropriate municipal agencies and the district attorney or municipal attorney.

(8)

Request assistance and cooperation from the village police department and village attorney as deemed necessary.

(9)

Assist the village attorney in the prosecution of ordinance violations.

(10)

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

(11)

Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied, to the appropriate district office of the department.

(12)

Submit copies of floodplain text and map amendments and biennial reports to the regional FEMA office.

(Prior Code, § 14.03B)

(a)

Required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a building permit shall be obtained before any development, including any change in the use of an existing building or structure, is initiated.

(b)

Application. An application for a permit shall be made to the village upon forms furnished and shall include the following information and supporting documentation:

(1)

General information. Name, address, and telephone number of applicant, property owner and contractor; legal description of the property; and a general description of the proposed use or development indicating new construction or modification to existing structures.

(2)

Site development plan. A site development plan drawn to scale and submitted as a part of the permit application form containing the following information:

a.

Location, dimensions, area and elevation of the lot noted on a copy of the wetland inventory map, if applicable;

b.

Location and boundaries of wetlands;

c.

Specifications and dimensions for areas of proposed wetland alteration;

d.

Location of the ordinary high-water mark of the abutting navigable waterways;

e.

Existing and proposed topographic and drainage features and vegetative cover;

f.

Location of any structures and distances measured from the lot lines and centerline of all abutting streets or highways;

g.

Location of any existing or proposed on-site sewage systems or private water supply systems;

h.

Location and elevation of existing or future access roads;

i.

Location of floodplain and floodway limits on the property as determined from the floodplain zoning maps used to delineate floodplain areas;

j.

The elevation of the lot, lowest floor of proposed buildings and fill using national geodetic and vertical datum (NGVD); and

k.

Data sufficient to determine the regional flood evaluation at the location of the development and to determine whether the requirements of this chapter are met.

(3)

Data requirements to analyze development. The applicant shall provide with his application all computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals and other proposed developments exceeding five acres in areas where the estimated cost exceeds $125,000.00. The estimated cost of the proposal shall include all structural development, landscaping improvements, access and road development, electrical and plumbing, and similar items reasonably applied to the overall development costs, but may not include land costs. The data submitted shall include information regarding regional flood elevation, vehicular access to lands outside the floodplain, and adequate surface drainage to minimize flood damage. The department will determine elevations and evaluate the proposal where the applicant is not required to provide computations as above, and inadequate data exists. The village may transmit additional information, where appropriate, to the department with the request for analysis.

(c)

Expiration. All permits issued under the authority of this chapter shall expire one year from the date of issuance.

(Prior Code, § 14.03C)

(a)

No nonconforming use, conditional use, or planned unit development use shall be maintained, renewed, changed, extended, or occupied until a certificate of compliance is issued by the zoning officer. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this chapter and conditions of approval on conditional use and planned unit development actions. Such certificate shall be applied for prior to the time of occupancy of any land or building.

(b)

Application for a certificate of compliance shall be made in the same manner as for a building permit. Application for a certificate of compliance in the flood land districts shall include a certification by a registered professional engineer or land surveyor that the flood land regulations set forth in this chapter have been fully complied with.

(c)

The certificate of compliance shall be issued within ten days after notification of completion of the work specified in the permit, provided the building or premises or proposed use conforms to all the provisions of this chapter.

(d)

For floodplain development, the applicant shall submit a certification signed by a registered professional engineer or registered land surveyor that the fill and lowest floor elevations are in compliance with the permit issued, including any required floodproofing. Floodproofing adequacy may also be certified by a registered professional architect.

(e)

The zoning officer may issue a temporary certificate of compliance for a building, premises or part thereof according to rules and regulations established by the village.

(Prior Code, § 14.03E)

(a)

Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the village board may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.

(b)

Initiation. A change or amendment may be initiated by the village board, plan commission, or by petition of one or more of the owners of property within the area proposed to be changed.

(c)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the village using a standard application form.

(d)

Recommendations. The village plan commission shall review all proposed changes and amendments within the village limits and shall recommend that the petition be granted as requested, modified, or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the village board.

(e)

Public hearings. Notice of any public hearing which the village board is required to hold under the terms of this chapter shall specify the date, time, and place of the hearing and shall state the matter to be considered at the hearing. Notice shall be published in a newspaper of general circulation at least once a week for two consecutive weeks and the hearing shall not be held until at least seven days following the last publication. The village clerk shall also give at least ten days prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed action and to all parties in interest. The village clerk shall mail public hearing notices to all contiguous property owner's mailing address of a parcel subject to a petition for change of district boundaries or petition for any other zoning ordinance amendment at least ten days prior to the public hearing. Failure to mail the public hearing notices shall not invalidate any actions taken.

(f)

Village board action. Following such hearing and after careful consideration of the village plan commission's recommendations, the village board shall vote on the passage of the proposed change or amendment.

(g)

Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by either the owners of 20 percent or more of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet from the street frontage of such opposite land. Such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full village board.

(Prior Code, § 14.05; Ord. No. 22-11)

All persons performing work which by this chapter requires the issuance of a permit or approval, shall pay a fee for such action to the village treasurer to help defray the cost of administration, investigation, advertising, and processing of the application and review. The fees shall be depicted on a resolution, on file with the village administrator/clerk-treasurer.

(Prior Code, § 14.13B)

Any building or structure hereinafter erected, moved, placed, or structurally altered or any use established in violation of the provisions of this chapter by any person, firm, association, corporation (including building contractors, or his or their agent) shall be deemed an unlawful structure or use. The village board may direct the village attorney to bring an action to enjoin, remove, or vacate any use, erection, moving, alteration, or placement of any building or use in violation of this chapter. Any person who violates this chapter shall forfeit a sum as set forth by resolution. Each day of violation shall constitute a separate offense.

(Prior Code, § 14.13B)

The board of appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter. Meetings shall be held at the call of the chairman and shall be open to the public. Minutes of the proceedings and a record of all actions shall be kept by the clerk, showing the vote of each member upon each question. These records shall be immediately filed in the office of the board and shall be a public record. If a quorum is present, the board of appeals may take any action authorized by this article by a majority vote of the members present.

(Prior Code, § 14.12A; Ord. No. 06-06)

The board of appeals shall have the following powers:

(1)

Errors. To hear and grant appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning officer.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.

(3)

Interpretation. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the village plan commission has made a review and recommendation.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made and the village plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(5)

Permits. The board may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issue of a permit.

(6)

Oaths. The chairman may administer oaths and compel the attendance of witnesses.

(Prior Code, § 14.12B; Ord. No. 06-06)

Appeals from the decision of the zoning officer concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the village. Such appeals shall be filed with the clerk within 30 days after the date or written notice of the decision or order of the zoning officer. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the clerk. Such appeals and applications shall include the following:

(1)

Name and address of the appellant or applicant and all abutting and opposite property owners of record within 500 feet of the subject property.

(2)

Plat of survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing all of the information required on the standard village application.

(3)

Additional information required by the village plan commission, village engineer, board of appeals, or zoning officer.

(Prior Code, § 14.12C; Ord. No. 06-06)

The board of appeals shall fix a reasonable time and place for the required public hearing and shall give notice in the manner provided in chapter 2 regarding administrative review hearings. At that hearing, the appellant or applicant may appear in person, by agent, or by attorney.

(Prior Code, § 14.12D; Ord. No. 06-06)

(a)

Preservation of intent. No variance shall be granted that is inconsistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.

(b)

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to lots or parcels, structures, uses, or intended uses that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the zoning ordinance should be changed.

(c)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(d)

Preservation of property rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(e)

Absence of detriment. No variance shall be granted that will create substantial detriment to the adjacent property and will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(f)

Additional considerations and requirements in flood districts. No variance shall be granted if:

(1)

Filling and development contrary to the purpose and intent of the FW Cedar Creek Floodway District would result.

(2)

A change in the boundaries of the FW Cedar Creek Floodway District, the FC Floodplain-Conservancy District would result.

(3)

A lower degree of flood protection than a point two feet above the 100-year recurrence interval flood for the particular area would result.

(4)

Any action contrary to the provisions of Wis. Admin. Code ch. 116 would result.

(5)

Damage to the rights or property values of other persons in the area would result.

(g)

Appeals regarding increase in regional flood elevation. For appeals concerning increases in regional flood elevation the board shall:

(1)

Uphold the denial where the board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and any appropriate legal arrangements are made with all adversely affected property owners.

(2)

Grant the appeal where the board agrees that the data properly demonstrate that the project does not cause an increase equal to or greater than 0.01 foot, provided no other reason for denial exists.

(Prior Code, § 14.12E; Ord. No. 06-06)

The board of appeals shall decide all appeals and application within 30 days after the final hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, zoning officer, village plan commission, and village board. Conditions may be placed upon any zoning permit ordered or authorized by this board.

(Prior Code, § 14.12F; Ord. No. 06-06)

Variances, substitutions, or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(Prior Code, § 14.12F; Ord. No. 06-06)

The board of appeals shall transmit a copy of each application for a variance to flood land regulations to the department of natural resources (DNR) for review and comment. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to flood land regulations shall be transmitted to the DNR within ten days of the effective date of such decision.

(Prior Code, § 14.12G; Ord. No. 06-06)

When a variance is granted in a floodplain area the applicant shall be notified in writing by the board of appeals that increased flood insurance premiums may result. A copy of this notification shall be maintained with the variance appeal record.

(Prior Code, § 14.12H; Ord. No. 06-06)

Any person or persons aggrieved by any decision of the board of appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board of appeals.

(Prior Code, § 14.12I; Ord. No. 06-06)