This chapter contemplates an administrative and enforcement officer entitled the zoning administrator to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this zoning chapter require review and recommendation by the plan commission and ultimate action by the village board. A zoning board of appeals is provided to ensure proper administration of the chapter and to avoid arbitrariness.

(Code 2006, § 13-1-240)

The village board shall designate a village official to serve as the zoning administrator and as the administrative enforcement officer for the provisions of this zoning chapter. The duty of the zoning administrator shall be to interpret and administer this zoning chapter and to issue, after on-site inspection, all permits required by this zoning chapter. The zoning administrator shall further:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(Code 2006, § 13-1-241)

(a)

Plan commission. The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the village to the village board, other public officials and other interested organizations and citizens. In general, the plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this zoning chapter, its functions are primarily recommendatory to the village board pursuant to guidelines set forth in this zoning chapter as to various matters and, always, being mindful of the intent and purpose of this zoning chapter. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion of its own violation, conduct its own public hearing.

(b)

Village board. The village board, the governing body of the village, subject to recommendations by the plan commission and the holding of public hearings by said board, has authority to make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map and to amend the text of this zoning chapter. The village board may delegate to the plan commission the responsibility to hold some or all public hearings as required under this zoning chapter.

(c)

Zoning board of appeals. A zoning board of appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this zoning chapter. See article XIV of this chapter for additional provisions.

(Code 2006, § 13-1-242)

(a)

Required. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, converted or structurally altered without a zoning permit. Such permit may be consolidated with a building permit request and issuance.

(b)

Application. Applications for a zoning permit shall be made to the zoning administrator and shall include the following where pertinent and necessary for proper review:

(1)

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

(2)

The description of the subject site by the following:

a.

The lot, block and recorded subdivision or by metes and bounds;

b.

The address of the subject site;

c.

The type of structure;

d.

The existing and proposed operation or use of the structure or site;

e.

The number of employees; and

f.

The zoning district within which the subject site lies.

(3)

A plat of survey, in duplicate, drawn to scale showing the lot, existing structures, the proposed location and elevation of the structure on the lot, accurate dimensions of building and lot, the location of the centerline or lines of adjoining street, the existing lines of adjoining street, the existing and intended use of each structure or part of structure, the number of families the building is intended to accommodate, and such other information as may be necessary to provide for the enforcement of this zoning chapter. The survey plat shall also show the existing property corner and structure corner elevations, plus all elevations of buildings on the lot or adjoining lots and all elevations to be based on village datum. Except when accompanying an application for interior remodeling, an accessory structure, siding, roofing, windows, doorways, decks, patios, porches, or such alterations which do not increase the existing footprint or location of existing structures, the plat of survey shall be certified by a registered surveyor or registered civil engineer. The lot corners and proposed structure corners shall be staked on the ground. Like information shall be presented on said drawing showing the location and use of structures, if any, on adjoining lots, within 40 feet of adjoining lot line. All surveys which include proposed new buildings shall be reviewed by the village engineer prior to issuance of a building permit. The village engineer shall make notations on such survey showing approved final grades drainage directions, and water, storm sewer, and sanitary sewer lateral locations.

(4)

Additional information as may be required by the zoning administrator or the plan commission and village board (if involved).

(c)

Action.

(1)

A zoning permit shall be granted or denied, in writing, by the zoning administrator within 30 days of application and the applicant shall post such permit in a conspicuous place at the site.

(2)

The permit shall expire within six months unless substantial work has commenced or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the application shall reapply for a zoning permit before commencing work on the structure.

(3)

Any permit issued in conflict with the provisions of this zoning chapter shall be null and void.

(Code 2006, § 13-1-243; Ord. No. 5(Ser. of 1999), 4-21-1999)

(a)

Certificate required. No vacant land hereafter developed; no building hereafter erected, relocated, moved, reconstructed or structurally altered; and no floodlands hereafter filled, excavated or developed shall be occupied or used until a certificate of compliance has been issued by the zoning administrator. Such certificate shall show that the structure, premises or use is in conformity with the provisions of this zoning chapter.

(b)

Application. Application shall be made in the same manner as for a zoning permit pursuant to section 44-462 and coincidental with application for zoning and/or building permit. Application for a certificate of compliance in the floodland districts shall include certification by a registered professional engineer or land surveyor that the plans therefor will fully comply with the floodland regulations set forth in this zoning chapter; before certificate shall issue, further such certification by an engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.

(c)

Existing uses. Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of the adoption of the ordinance from which this zoning chapter is derived, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this zoning chapter, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this zoning chapter.

(d)

Nonconforming uses. No nonconforming use shall be maintained, renewed or changed until a certificate of compliance has been issued by the zoning administrator.

(Code 2006, § 13-1-244)

(a)

Required for construction or other development. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by a site plan review committee consisting of the village administrator, director of public works, village engineer and director of community development, in accordance with the requirements of this section.

(b)

Application. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the site plan review committee or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this zoning chapter.

(c)

Administration. The site plan review committee shall review the application and may refer the application and plans to any expert consultants selected by the committee to advise whether the application and plans meet the requirements applicable thereto in this section. Once the committee has convened and reviewed plans the committee shall authorize the zoning administrator to issue or refuse a zoning permit once all comments from the committee have been addressed to the satisfaction of the site plan review committee. After receipt of the application, the committee shall provide the applicant with direction or comments from the zoning administrator within 30 days. Approval or denial shall be communicated within a reasonable timeline based on the scope of the application.

(d)

Requirements. In acting on any site plan, the site plan review committee shall consider the following:

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(3)

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(4)

The landscaping and appearance of the completed site. The site plan review committee may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

(5)

Follow village specs and site design guidelines.

(e)

Effect on municipal services. Before granting any site approval, the site plan review committee may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the village engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the site plan review committee shall forward its recommendations to the village board and shall not issue final approval until the village board has entered into an agreement with the applicant regarding the development of such facilities.

(f)

Site plan review fees. All plans and applications filed with the site plan review committee shall be accompanied by payment of a required fee of $500.00 to cover administrative costs involved for the first and a second submittal if needed, any additional submittal will be charged the review fee again.

(Code 2006, § 13-1-245; Ord. No. 8(Ser. of 1996), 4-17-1996; Ord. No. 25(Ser. of 2005), 11-2-2005; Ord. No. 3(Ser. of 2022), 11-2-2022)

(a)

Purpose. Pursuant to Wis. Stats. § 62.23(6), the official map of the village is established to provide for orderly, safe and economical expansion of the built-up area of the community by designating the location and extent of existing and proposed streets, highways and parks; to ensure proper legal descriptions and monumenting of land; to facilitate adequate provision for transportation, parks, playgrounds and stormwater drainage; and to facilitate further subdivision of larger tracts into smaller parcels of land.

(b)

Effect. The official map shall be final and conclusive with respect to the location and extent of streets, highways and parks shown on the map. The village board may change or add to the map if it is determined to be in the public interest. Changes or additions shall be made in accordance with procedures in Wis. Stats. § 62.23. The placing of proposed streets, highways or parks upon the official map shall not constitute or be deemed to constitute the opening or establishment of such streets, highways or parks, or the taking or acceptance of any land for such purposes.

(c)

Subdivision plats and building permits. The plan commission shall require that all subdivision plats conform to the official map. All streets within recorded subdivisions approved by the plan commission and village board shall become a part of the official map. No building permit shall be issued for any structure in the bed of any street or highway shown on the official map, and no permit for the erection of any structure shall be issued unless a street or highway giving access to the structure has been duly placed on such map, except as provided in Wis. Stats. § 62.23. The building inspector shall require each applicant to submit a plot plan (unless the site is a lot in a recorded subdivision or certified survey plat), certified by a registered surveyor, showing accurately the location of any proposed building with reference to adjacent streets, highways or parks shown on the official map.

(d)

Appeals. The board of zoning appeals shall have the power to grant relief from the requirements of this section in accordance with the provisions of Wis. Stats. § 62.23(6)(d), (f) and (g).

(Code 2006, § 13-1-246)

(a)

Violations. 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 zoning chapter. In case of any violation, the village board, the zoning administrator, the plan commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceedings to be instituted to enjoin a violation of this zoning chapter or cause a structure to be vacated or removed.

(b)

Remedial action. 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.

(c)

Penalties. Any person, firm or corporation who fails to comply with the provisions of this zoning chapter or any order of the zoning administrator issued in accordance with this zoning chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in section 1-12. Each violation and each day a violation continues or occurs shall constitute a separate offense. The village shall have any and all other remedies afforded by the state statutes in addition to the forfeitures and costs of prosecution provided for in section 1-12.

(Code 2006, § 13-1-247)