The village plan commission shall have the duties of making reports and recommendations relating to the planning and development of the village to public officials, agencies, public utility companies, civic, educational, professional, and other organizations, and citizens. The plan commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the plan commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning.

(Ord. No. 2004-04, § 95.1401, 5-25-04)

The village zoning administrator is hereby designated as the administrative and enforcement officer for the provisions of this Ordinance. The duty of the zoning administrator shall be to interpret and administer this ordinance and to issue, after onsite inspection if needed, all permits required by this Ordinance. The zoning administrator shall further:

(a)

Assist the village administrator to maintain records of all permits issued, inspections made, work approved, and other official actions.

(b)

Record the lowest floor elevations of all structures erected, moved, altered, or improved in the floodplain areas.

(c)

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

(d)

Inspect all structures, lands, and waters as often as necessary to assure compliance with this Ordinance.

(e)

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 Ordinance to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the village attorney in a manner specified by him.

(f)

Assist the village attorney in the prosecution of Ordinance violations.

(g)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this Ordinance. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119. Wis. Stats., except in cases of emergency.

(h)

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

(i)

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

(j)

Recommend to the village board and plan commission any additional regulations deemed necessary.

(Ord. No. 2004-04, § 95.1402, 5-25-04)

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a zoning permit from the zoning administrator, unless otherwise exempted pursuant to section 95-204 of this Ordinance. Applications for a zoning permit shall be made in triplicate to the zoning administrator on forms provided by the zoning administrator or village administrator and shall include the following where applicable:

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

(b)

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

(c)

Plat of survey prepared by a registered land surveyor or other map drawn to scale and approved by the village zoning administrator showing the location, boundaries, dimensions, uses, and sizes 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; wetland, high water, channel, floodway, and floodplain boundaries; and existing and proposed street, side, and rear yards.

(d)

Additional information as may be required by the village plan commission, village engineer, or zoning administrator.

(e)

A zoning permit shall be granted or denied in writing by the zoning administrator within 30 days after application. The permit shall expire within six months unless substantial work has commenced, and within 18 months if the structure for which the permit was issued is not substantially completed. Any permit issued in conflict with the provisions of this Ordinance shall be null and void.

(f)

Fee receipt from the village treasurer in accordance with section 95-208 of this Ordinance.

(Ord. No. 2004-04, § 95.1403, 5-25-04)

No zoning permit shall be required for any of the following cases:

(a)

For building an accessory building less than 80 square feet in area, and any minor structures such as pethouses, play equipment, arbors, walls, and fences.

(b)

For any improvement or nonstructural alteration to an existing building less than 100 square feet in area which does not effect a change in use.

(c)

For repairs that do not alter the size or position of an existing structure on a lot. Such repairs shall not include the replacement or alteration of bearing walls.

(d)

However, no structure or development in a conservancy district or a floodplain district shall be exempt from obtaining a zoning permit. Furthermore, any work that qualifies for an exemption under this section shall be required to comply with the applicable setback, yard, height, and other requirements set forth in this Ordinance.

(Ord. No. 2004-04, § 95.1404, 5-25-04)

(a)

No vacant land that has been permitted to be developed; and no building or premises that has been permitted to be erected, altered, or moved, or create a change in use; and no nonconforming use that has been permitted to be renewed, changed, or extended in accordance with the provisions of this Ordinance shall be occupied or used until a certificate of occupancy permit has been issued by the zoning administrator. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this Ordinance. Such certificate shall be applied for at the time of occupancy of any land or building.

(b)

No land within the floodplain districts shall be occupied or used, and no structure hereafter erected, altered, or moved within the floodplain districts shall be occupied until the applicant submits to the zoning administrator a certification by a registered professional engineer or land surveyor that the floodplain regulations set forth in this Ordinance have been fully complied with. Such certification shall include the first floor elevation of any structure erected on the site.

(c)

Application for a certificate of occupancy permit shall be made through the zoning administrator on forms provided by the zoning administrator or village administrator.

(d)

A fee receipt from the village treasurer shall be obtained in accordance with section 95-208 of this Ordinance.

(Ord. No. 2004-04, § 95.1405, 5-25-04)

The village board may authorize the zoning administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this Ordinance and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.

(a)

Applications for conditional use permits. Applications for conditional use permits shall be made in duplicate to the zoning administrator on forms furnished by the village administrator and shall include the following where pertinent and necessary for proper review by the village plan commission.

1.

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners within 200 feet of the site.

2.

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 is located.

3.

Plat of survey prepared by a registered land surveyor or other map drawn to scale and approved by the zoning administrator, showing all of the information required under section 95-203(c) for a zoning permit. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site; slopes and ground surface elevations; mean and historic high-water lines, on or within 40 feet of the subject premises, and existing and proposed landscaping when so required by the village plan commission.

4.

In areas subject to inundation by floodwaters, the plat of survey shall also include first floor elevations, utility elevations, historical and probable future floodwater elevations, depth of inundation, floodproofing measures, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structures or its effects on flood flows. Where floodproofing is required, the applicant shall submit a plan or document certified by a registered professional engineer or land surveyor, that the floodproofing measures are adequate to withstand the flood forces and velocities associated with the 100-year recurrence interval flood. Prior to the issuance of a certificate of occupancy permit, the applicant shall also submit a certification by the registered professional engineer or land surveyor that the finished floodproofing measures were accomplished in compliance with the provisions of this Ordinance.

5.

Additional information as may be required by the village board, village plan commission, village engineer, or the zoning administrator.

6.

Fee receipt from the village treasurer in accordance with section 95-208 of this Ordinance. Costs incurred by the village board in retaining legal, planning, engineering, and other technical and professional advise in connection with the review of conditional use applications and the preparation of conditions to be imposed on such uses shall be charged to the applicant.

(b)

Plan commission review and recommendation. The village plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulations, drainage, sewerage and water systems, and the proposed plan of operation. The plan commission shall report its findings and recommendations to the village board and may further recommend conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements where such conditions are deemed necessary to fulfill the purpose and intent of this Ordinance.

(c)

Compliance with all other provisions. Compliance with all other provisions of this Ordinance, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses. Variances shall only be granted as provided in section 95-169 of this Ordinance.

(d)

Public hearing. The village board shall hold a public hearing upon each application recommended by the village plan commission, giving public notice as specified in article XIII of this Ordinance.

(e)

Notice to DNR. The village board shall transmit a copy of each application for a conservancy conditional use in the shoreland portion of the C-1 District, and a copy of each application for a floodplain conditional use, to the Wisconsin Department of Natural Resources (DNR) at least ten days prior to the public hearing. 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 shoreland conservancy conditional use decisions and all floodplain conditional use decisions shall be transmitted to the DNR within ten days following the decision.

(f)

Village board action. Following the public hearing and after consideration of the village plan commission's recommendations, the village board may issue the conditional use permit as applied for or with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.

(g)

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(h)

Revocations of conditional use permit. Should a permit applicant, his heirs or assigns fail to comply with the conditions of the permit issued by the village board or should the use, or characteristics of the use be changed without prior approval by the village board, the conditional use permit may be revoked by the village board upon ten days' notice to the permit holder. The permit holder shall be entitled to a hearing before the plan commission on the question of revocation of the conditional use permit and approval of the plan commission shall be required for the reinstatement of any conditional use permit. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(Ord. No. 2004-04, § 95.1406, 5-25-04)

It is the responsibility of permit applicant to secure all other necessary permits required by any state, federal, or local agency. This includes, but is not limited to, a water use permit pursuant to ch. 30, Wis. Stats., a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act, and/or a Water Quality Certification from the Wisconsin Department of Natural Resources.

(Ord. No. 2004-04, § 95.1407, 5-25-04)

All persons, firms, or corporations performing work which by this Ordinance requires the issuance of a permit shall pay a fee for such permit to the village treasurer to help defray the cost of administration, investigation, advertising, and processing of permits and variances. The permits for which a fee is required are the zoning permit, conditional use permit, sign permit, planned unit development review, land disturbing permit, and certificate of occupancy permit. A fee shall also be required for a zoning text or map amendment, and a zoning appeal or variance. All fees shall be established by separate resolution by the village board from time-to-time as deemed appropriate. Permit fees do not include and are in addition to permit fees established by the village building code.

(Ord. No. 2004-04, § 95.1408, 5-25-04)

A double fee shall be charged by the zoning administrator if work is started before a permit is applied for and issued, or if a building or the premises are occupied prior to the issuance of a certificate of occupancy permit. Such double fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance.

(Ord. No. 2004-04, § 95.1409, 5-25-04)

(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 provisions of this Ordinance. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the village board, the zoning administrator, the village plan commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this Ordinance or cause a structure to be vacated or removed.

(b)

Every structure, fill, or development placed or maintained within any floodplain area in violation of this Ordinance is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the state, the county, the village, or any citizen thereof.

(Ord. No. 2004-04, § 95.1410, 5-25-04)

Whenever an order of the zoning administrator 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 village board, the zoning administrator, 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.

(Ord. No. 2004-04, § 95.1411, 5-25-04)

Any person, firm, or corporation who fails to comply with the provisions of this Ordinance or any order of the zoning administrator issued in accordance with this Ordinance or resists enforcement shall, upon conviction thereof, be subject to a penalty as provided in section 1-11 of the Municipal Code of the Village of Kewaskum. Each day a violation exists or continues shall constitute a separate offense.

(Ord. No. 2004-04, § 95.1412, 5-25-04)