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Maple Bluff Village
City Zoning Code

ARTICLE 8

Procedures and Administration

§ 225-8-1 Purpose.

The purpose of this article is to establish the administrative and enforcement framework for application of this chapter, including all land development approval processes.

§ 225-8-2 Amendments to Zoning Map or other zoning regulations.

[Amended 9-9-2025]
A. 
Initiation. An amendment to the Zoning Map ("rezoning") may be initiated by the Village Board, Plan Commission, Zoning Administrator, or any person, firm, corporation, or organization having an ownership interest (or a contractual interest scheduled to become an ownership interest) in the land for which rezoning is sought. An amendment to the written zoning regulations of this chapter ("text amendment") may be initiated by the Village Board, Plan Commission, or Zoning Administrator.
B. 
Application requirements. No application for amendment to the Zoning Map or written zoning regulations shall be placed on an agenda as an item to be acted upon until the Zoning Administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the Zoning Administrator with a digital copy plus a sufficient number of hard copies of the complete application as determined by the Zoning Administrator. A complete application shall be comprised of all of the following:
(1) 
A completed application form furnished by the Zoning Administrator, except that no Village body, staff, or official shall be required to complete an application form.
(2) 
For requested Zoning Map amendments:
(a) 
A map with a graphic scale and a north arrow showing the entire subject property included in the proposed map amendment including lot boundaries and dimensions of the subject property, and all other lands within 300 feet of the boundaries of the subject property.
(b) 
Unless provided by the Zoning Administrator or Village Clerk, names and addresses of the owners of all property within 300 feet of the subject property as they appear on the current tax records.
(3) 
For requested zoning text amendments, the section(s) of this chapter proposed to be amended, the desired outcome of the proposed amendment, and the proposed revised language to the extent practical or requested by the Zoning Administrator.
(4) 
Written justification for the proposed amendment, consisting of the reasons why the applicant believes the proposed amendment is consistent with the applicable review criteria in Subsection G.
(5) 
The required application fee and commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
C. 
Notice of public hearing. Following acceptance of a complete application, the Village Clerk shall schedule a public hearing before the Plan Commission. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 Notice in conformance with the requirements of § 62.23(7)(d), Wis. Stats. The Village Clerk shall also send said notice to the applicant and, for Zoning Map amendments, all property owners within 300 feet of the subject property and the clerk of any municipality whose boundaries are within 1,000 feet of the subject property at least 10 days prior to the public hearing. Failure to send said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this subsection.
D. 
Public hearing and recommendation. The Plan Commission shall hold a public hearing on each proposed amendment. Before or at the hearing, the Zoning Administrator or designee shall provide to the Commission and applicant an evaluation of the proposed amendment, with reference to the criteria in Subsection G. Following the public hearing and consideration of comments provided therein and from the Zoning Administrator or designee, the Commission shall review the proposed amendment and provide a recommendation to the Village Board that the application be granted as requested, modified, or denied, or the Commission may instead provide no recommendation.
E. 
Action. Following the completion of the step in Subsection D, the Village Clerk shall schedule the proposed amendment for Village Board action. The Village Board shall act to approve by ordinance or deny the proposed amendment, with any approval as requested or with modifications. Any action of the Village Board may be appealed directly to the Circuit Court under any procedure allowed under Wisconsin law. Each denial shall include reasons for such denial against the criteria in Subsection G. No application that has been denied either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Plan Commission
F. 
Required vote. Action to approve or reject each proposed amendment shall be by majority vote of members of the Village Board voting on the proposed amendment, except as follows:
(1) 
Protest. In the event of a protest against a proposed amendment to the Zoning Map, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendment shall not become effective except by the favorable vote of 3/4 of the members of the Village Board voting on the proposed amendment. In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20% of the number of persons casting ballots in the last general election, such amendment shall not become effective except by the favorable vote of 3/4 vote of the members of the Village Board voting on the proposed amendment.
(2) 
Down zoning. If the amendment relates to down zoning, as defined in § 66.10015(1)(as), Wis. Stats., then approval of that amendment shall require a 2/3 vote of the Village Board, except that if the down zoning is requested or agreed to by all persons who own the land(s) affected by the proposed down zoning, the down zoning may be approved by a majority of the Village Board voting on the proposed amendment.
G. 
Review criteria. No proposed amendment to the Zoning Map or written zoning regulations shall be approved unless the Village Board finds that such amendment meets the following criteria:
(1) 
Is consistent with the Comprehensive Plan.
(2) 
Is consistent with the purposes of this chapter and the article(s) and section(s) to which it relates.
(3) 
Will maintain or advance compatibility of allowable land uses and zoning districts.
(4) 
For each proposed Zoning Map amendment, accomplishes at least one of the following:
(a) 
Corrects a technical mapping error.
(b) 
Addresses an inconsistency between the zoning designation and the existing land use, provided that such inconsistency was unintended.
(c) 
Responds to changed factors such as the availability of new data or trends; changed growth patterns or rates; the presence of new roads, other infrastructure changes, additional development, or other zoning changes in the vicinity.
(d) 
If to the PUD Zoning District, meets associated criteria in § 225-2-3E and § 225-8-3F.

§ 225-8-3 Planned unit development districts and projects.

A. 
Applicability. This section establishes the procedural steps for approval of a planned unit development (PUD) zoning district and development project. As of June 12, 2025, there were no approved PUDs in the Village. The steps for obtaining final PUD approval include a pre-application conference, rezoning/general development plan (GDP), and specific implementation plan (SIP), as described in this section. The purpose and locational limitations for the PUD district and development form is described in § 225-2-3E.
B. 
Initiation. Any person, firm, corporation, or organization having an ownership interest (or a contractual interest scheduled to become an ownership interest) in the land for which a PUD approval is sought, or the Village Board, Plan Commission, or Zoning Administrator, may file any PUD application further described in this section.
C. 
Pre-application conference. Prior to the filing of a rezoning petition and PUD GDP, the prospective applicant shall attend a pre-application conference with Village staff, arranged through the Zoning Administrator or designee. A preliminary sketch and a preliminary narrative outline with reference to Subsection D(1)(b) shall be submitted in advance of the pre-application conference. The Zoning Administrator may refer the matter for Plan Commission input prior to the submittal of a GDP.
D. 
General Development Plan (GDP) application requirements and review procedure.
(1) 
Application requirements. No application for rezoning to PUD or a GDP shall be placed on an agenda as an item to be acted upon until the pre-application conference step is concluded and the Zoning Administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the Zoning Administrator with a digital copy plus a sufficient number of hard copies of the complete application as determined by the Zoning Administrator. A complete application shall be comprised of all of the following:
(a) 
All of the materials required for a Zoning Map amendment under § 225-8-2B.
(b) 
Narrative report including the following information: overview of the request and the nature of the development; development vision, objectives, themes, and images; assessment of economic feasibility; expected target markets and demonstration of community need; total area, current zoning district designation, and legal description of the site covered by the GDP; relationship of the development to surrounding land uses and the purpose of the PUD district and Comprehensive Plan; names and address of all owners, developers, and professionals include in the application; outline of the organizational structure proposed for the purpose of providing any necessary private services and/or maintenance of common areas; preliminary list of land uses proposed to be allowed within the development as permitted-by-right, conditional, and/or temporary uses; preliminary list of proposed departures from the standards of development that would otherwise be applicable under the Village's standard zoning district(s); preliminary development schedule indicating the approximate dates when the SIP will be submitted, construction will commence and be completed included any stages; and development components expected to be delivered in each stage if applicable.
(c) 
Maps drawn by an architect, civil engineer, or comparable professional to a recognized scale; including a graphic scale, date, north area, title, and preparer's contact information; and including the following information: location and existing conditions, including the area within 300 feet of the site, and showing existing land uses and buildings, streets, other existing improvements, easements, lot lines, and natural features (e.g., mature trees), and environmentally constrained land; preliminary development plan showing and quantifying proposed general areas to be retained in open space, recreation, stormwater management, mature tree preservation, and landscaping, existing and proposed uses, public streets, and paths; number and type of dwelling units; projected population and employment; availability of or requirements for new or extended roads and other municipal services; relationship of the proposed uses and improvements to surrounding properties; and a staging plan if the development will or may be built in stages.
(d) 
Schematic architectural plans and/or design principles demonstrating the character of the proposed buildings, along with a generalized program of proposed signage and lighting.
(e) 
The required application fee and commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
(2) 
Notice, hearing, recommendation, and action. The procedure for rezoning to a PUD district and action on a GDP shall be the same as required for any other Zoning Map amendment as set forth under § 225-8-2, with the following additions and amendments:
(a) 
Following Plan Commission recommendation and before Village Board action, the Building Board shall review the application for design and site planning matters under its authority as prescribed in this chapter, to the extent possible under the level of detail provided with the GDP.
(b) 
The Village Board action, and preceding it in order the Plan Commission and Building Board recommendations, may be to approve the GDP as presented, approve the GDP with conditions, or reject the GDP.
(3) 
Recording. Each approved GDP, once any modifications have been made per approval conditions, shall be recorded by the applicant with the County Register of Deeds' office.
(4) 
Effect of GDP approval. Approval of the rezoning and GDP, and GDP recording, shall entitle the applicant to prepare the specific implementation plan (SIP) in accord with the approved and recorded version of the GDP and all conditions of its approval. Such GDP approval shall become null and void if the SIP has not been submitted within five years of the date of Village Board approval of the GDP. The rezoning to PUD shall take effect only once the events listed in Subsection C(2)(b) have occurred.
E. 
Specific Implementation Plan (SIP) application requirements and review procedure.
(1) 
Scope of SIP. The SIP may cover only a portion of the GDP area, except as may have been restricted by GDP approval.
(2) 
Application requirements. No application for SIP approval shall be placed on an agenda as an item to be acted upon until the GDP has been recorded and the Zoning Administrator has certified acceptance of a complete SIP application. The applicant shall provide the Zoning Administrator with a digital copy plus sufficient hard copies of the complete application as determined by the Zoning Administrator. Said complete application shall be comprised of the following, except where reduced by the Zoning Administrator based on unique circumstances associated with the development:
(a) 
Narrative report describing the proposed SIP, including specific project themes and images (e.g., drawings, photos, renderings), and an evaluation of the proposed SIP in relationship to the previously approved GDP and conditions of its approval (including an explanation of why the SIP does not include the full area of the approved GDP, if applicable).
(b) 
A location map and a legal description of the site covered by the proposed SIP.
(c) 
A specific list of proposed permitted-by-right, conditional, and temporary land uses within the SIP area, including reference to allowable uses in standard zoning districts if desired.
(d) 
A specific list or table including proposed dimensional requirements, including in each of the categories (rows) in Figure 225.2.2 applicable to standard zoning districts.
(e) 
A precise description of the type, number, and size of dwelling units; a description of the type and amount of square feet devoted to nonresidential uses; the estimated population and number of employees; and projected character and volume of truck and automobile traffic to be generated by the development.
(f) 
Specific site data including gross and net land areas, treatments of land proposed for development and common open space, total number of building sites and/or occupancies, and total acres or square footage expected to be devoted to each projected land use.
(g) 
For multi-building SIPs, a detailed development plan map professionally drawn to a recognized scale showing the precise mix and locations of projected land uses; densities of use areas and development sites; building setbacks and massing; streets, paths, sidewalks, main driveways, and parking areas; parks, squares, and other common open spaces; and street trees and other natural elements.
(h) 
Whether and to what extent accessory structures and ancillary features often allowed or anticipated in developments will be allowed within the SIP area, with reference to applicable articles and sections of this chapter and determined sufficient by the Zoning Administrator to enable effective zoning administration over the SIP area in perpetuity.
(i) 
Site and building plans meeting applicable requirements of § 225-8-5C(4) through (6).
(j) 
Detailed signage plan and lighting plan, each demonstrating a unified or compatible sign and lighting theme throughout the SIP area, and with signage plan meeting requirements of § 225-8-11B.
(k) 
If applicable, a demolition plan meeting requirements of § 225-8-6C and depicting any demolition to occur on the site, and/or an environmental assessment or remediation plan.
(l) 
If applicable, a certified survey map of the SIP area meeting requirements of § 225-8-10B.
(m) 
A development schedule indicating the approximate date when construction of the development (and each stage if a staged development) is expected to begin, conclude, and the expected pace of development. If staged, the anticipated pace of development and types and quantities of development, open space, and amenities in each stage (also include staging plan map).
(n) 
Agreements, bylaws, provisions, or covenants that will govern the organizational structure, use, and maintenance of the development.
(o) 
The required application fee and commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
(3) 
Action. Following Zoning Administrator determination of a complete application, the Plan Commission shall approve as presented, approve with modifications and/or conditions, or reject the SIP, providing the reasons for any rejection. Following any Plan Commission action to approve as presented or to approve with modifications and/or conditions, the Building Board shall approve, approve with modifications and/or conditions, or reject the SIP for building and site design matters under its authority, providing the reasons for any rejection. Both the Plan Commission and Building Board must approve the SIP for such approval to be effective.
(4) 
Recording of SIP; rezoning of lands. The applicant shall record the approved SIP, including any required modifications, with the County Register of Deeds. The rezoning of the SIP area to PUD shall become effective and the Zoning Administrator shall cause the Zoning Map to reflect the rezoning once the applicant has provided the Zoning Administrator with a digital copy of the recorded SIP along with any recorded Certified Survey Map or other document required as part of the SIP approval.
(5) 
Lapse of SIP approval. Final SIP approval shall terminate and the SIP shall be deemed null and void for any undeveloped part of the SIP area if an SIP is granted final Building Board approval and thereafter five years have lapsed without the applicant or owner securing a building permit within the SIP area for an authorized use, or if the approved SIP includes a staged implementation program, and five years have lapsed between (i) the acceptance of public infrastructure or initial occupancy of a building in a stage preceding the final stage and (ii) commencement of construction of the next stage. In the event the land affected by either such circumstance has been rezoned to the PUD District, the Zoning Administrator shall initiate an application to rezone the undeveloped land in the PUD area from the PUD District back to the zoning district over the land before PUD, or the nearest comparable standard zoning district listed in § 225-2-3.
F. 
Review criteria.
(1) 
Before the Village Board approves any GDP, and the Plan Commission approves any SIP, the respective body shall find that the associated application and development, with conditions as determined necessary, meet the following criteria:
(a) 
Consistent with the purpose and applicability of the PUD District in § 225-2-3E, the Comprehensive Plan, in the case of an SIP the approved general development plan (GDP) and any required conditions of its approval, and all applicable zoning requirements to the extent not modified by the approved GDP or SIP.
(b) 
PUD zoning is not being used to circumvent or diminish high-quality land use and site and building design or as a substitute for standard zoning district(s) that would enable implementation of the development plan in a substantially similar form, but instead is being used where conforming to standard zoning district(s) would be impractical or significantly compromise the development vision.
(c) 
Development will be arranged and designed in a manner that is consistent with sound planning and development principles, compatible with the physical nature of the site, and properly and compatibly related with nearby land uses and transportation, utility, stormwater management, and recreational facilities.
(d) 
Development will not adversely affect the anticipated provision of municipal services, such as fire and police protection, street maintenance, water, sanitary sewer, storm water management, and public parks and open spaces.
(e) 
Development will not create traffic or parking demand incompatible with, or which cannot be safely accommodated by, the existing or proposed facilities to serve the development.
(f) 
Development will adequately provide for the permanent preservation, improvement, and maintenance of common open space.
(g) 
Development will proceed on a schedule that is reasonable considering its scope and its proposed stages, with the development remaining viable if not all stages are completed.
(2) 
Before the Building Board approves any SIP, such Board shall find that all applicable requirements in §§ 225-4-2 and 225-4-3 and the criteria in § 225-8-5F are met. The scope of Building Board review on the SIP is limited to the provisions in such sections.
G. 
Amendments to previously approved PUDs. There were no approved PUDs as of June 12, 2025. If and when one or more PUDs are established in the Village, the procedures for their minor and major amendments are as follows:
(1) 
Minor amendments. The Zoning Administrator may authorize a minor amendment to a previously approved GDP or SIP. A minor amendment is an amendment to an approved GDP and/or SIP required by engineering, topographic, lot and parcel configuration, or other circumstances not foreseen at the time such plan(s) was approved, provided that the amendment does not result in any change in the approved use, character, or vision of the development; the intent of the Village approval authority in its GDP and/or SIP approval; any approved dimensional requirement by more than 5%; or any other amendment specifically listed in the approved GDP and/or SIP as not being a minor amendment.
(2) 
Major amendments. Each amendment to the GDP not classified as a minor amendment under Subsection G(1) shall instead be classified as a major amendment, and must be approved by the Village Board, following recommendations from the Plan Commission and Building Board, per the process and submittal requirements in Subsection D. Each amendment to the SIP not classified as a minor amendment under Subsection G(1) must be approved by the Plan Commission and Building Board, per the process and submittal requirements in Subsection E.

§ 225-8-4 Conditional use permits.

[Amended 9-9-2025]
A. 
Initiation. Any person, firm, corporation, or organization having an ownership interest (or a contractual interest scheduled to become an ownership interest) in the land for which a conditional use is sought may file a conditional use permit application, where such use or activity is a conditional use as listed in Figure 225.2.1 or elsewhere in this chapter.
B. 
Application requirements. No application for a conditional use permit shall be placed on any agenda as an item to be acted upon until the Zoning Administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the Zoning Administrator with a digital copy plus sufficient hard copies of the complete application as determined by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1) 
A completed application form furnished by the Zoning Administrator.
(2) 
A map with a graphic scale and a north arrow showing the entire subject property including lot and parcel boundaries and dimensions, and all other lands within 300 feet of the boundaries of the subject property. If the conditional use permit is proposed for only a portion of a lot or parcel, said map or another map shall clearly indicate the portion of the lot or parcel to which the conditional use permit would apply.
(3) 
Unless provided by the Zoning Administrator or Village Clerk, names and addresses of the owners of all property within 300 feet of the subject property as they appear on the current tax records.
(4) 
A written description of the proposed conditional use describing the type, duration, and density of activities, buildings, and structures proposed for the subject property and their general locations (indoors and out); expected number and type of employees and patrons; expected hours of operation; expected traffic volumes including trucking (including vehicle weights/sizes); any likely noise, odors, or vibrations that may be experienced outside the subject property; whether and where any hazardous materials would be kept on site (requirements of Chapter 149, Article III must be met); proposed timing and phasing for the conditional use; and other unique operational characteristics.
(5) 
If site and/or exterior building alterations are proposed or required, site and building plans, drawn to scale, with all alterations clearly marked and labeled. If proposed or required alterations reach the threshold for requiring design and site plan approval under § 225-8-5, then the applicant shall also or subsequently file a design and site plan approval application for the project meeting applicable requirements in § 225-8-5.
(6) 
Written justification for the proposed conditional use permit, consisting of the reasons why the applicant believes the proposed conditional use permit is consistent with the applicable review criteria of this section.
(7) 
The required application fee and commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
C. 
Notice of public hearing. Following acceptance of a complete application, the Village Clerk shall schedule a public hearing before the Plan Commission. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 notice in conformance with the requirements of § 62.23(7)(d), Wis. Stats. The Village Clerk shall also send said notice to the applicant and all property owners within 300 feet of the subject property at least 10 days prior to the public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.
D. 
Public hearing and recommendation. The Plan Commission shall hold a public hearing on each proposed conditional use permit. Before or at the hearing, the Zoning Administrator or designee shall provide to the Commission and applicant an evaluation of the proposed amendment, with reference to the criteria in Subsection F. Following the public hearing and consideration of comments provided therein and from the Zoning Administrator or designee, the Commission shall review the proposed conditional use permit and provide a recommendation to the Village Board that the application be granted as requested, granted with conditions, or denied, or the Commission may instead provide no recommendation.
E. 
Action. Following Plan Commission recommendation, the Village Clerk shall schedule the proposed conditional use permit for Village Board action. The Village Board shall act to grant or deny the proposed conditional use permit, with any grant as requested in the application or with conditions. Such conditions may include a limited duration, transfer limitation, required deed restrictions, or other restrictions. Each conditional use permit shall be approved by resolution. Each denial shall include reasons for such denial against the criteria in Subsection F. Any action of the Village Board may be appealed directly to the Circuit Court under any procedure allowed under Wisconsin law. No application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator. The Village Clerk shall provide each approved conditional use permit to the applicant.
F. 
Review criteria.
(1) 
If the applicant meets, or agrees to meet, all of the applicable requirements specified in this chapter and conditions imposed by the Village Board, the Board shall under § 62.23(7)(de)2.a., Wis. Stats., grant the conditional use permit. The Board may require written agreement from the applicant in a form prescribed by the Village Attorney.
(2) 
Any decision to grant or deny the permit must be supported by substantial evidence, as that term is defined in § 62.23(7)(de)1.b., Wis. Stats. Any condition or modification must be related to the purpose of this chapter, reasonable, measurable to the extent practicable, and based on substantial evidence. The provisions of § 66.0401(1m), Wis. Stats., also apply in consideration of any conditional use permit application for a small wind or solar energy system.
(3) 
To the extent consistent with Subsection F(1) and (2), no conditional use permit shall be granted unless the Village Board finds that the use authorized thereby meets the following standards:
(a) 
Proposed use is consistent with the Comprehensive Plan and this chapter.
(b) 
Proposed use will not result in a substantial or undue adverse impact on neighboring principal buildings, neighborhood character, the natural environment, or other matters affecting the public health, safety, or general welfare.
(c) 
Proposed use maintains compatibility among land uses, land use intensities, and land use impacts as related to parcels with neighboring principal buildings.
(d) 
Adequate measures have been or will be taken to minimize traffic congestion and excess parking in the public streets.
(e) 
Proposed use will be adequately served by, and will not impose an undue burden on, any improvements, facilities, utilities, or services provided by public agencies.
(f) 
Proposed use will not impede the normal and orderly development and improvement of the parcels with neighboring principal building as anticipated under the Comprehensive Plan.
(g) 
Potential public benefits of the proposed use outweigh its potential adverse impacts.
G. 
Change of ownership. Unless the Board approved a conditional use permit with a transfer limitation, all requirements of the approved conditional use permit shall be continued regardless of ownership or operation of the subject property or use and shall run with the land, except as otherwise limited by this chapter or by any specific related condition attached to the conditional use permit.
H. 
Grandfathered conditional uses. A use now regulated as a conditional use that was established or approved as a legal land use prior to June 12, 2025, shall be considered as a legal, conforming land use without having to obtain a conditional use permit, so long as any previously approved conditions of use are followed and the conditional use is not modified pursuant to Subsection I.
I. 
Modifications. Any modification, alteration, or expansion of any conditional use, whether previously granted a conditional use permit or grandfathered under Subsection H, shall require application and Village consideration of a new or amended conditional use permit following the procedures outlined for original granting of a conditional use permit in this section.
J. 
Revocation.
(1) 
A conditional use permit shall be automatically revoked if the conditional use authorized thereunder is not established and maintained within two years following its granting, or if, once established, any conditional use (including grandfathered conditional uses) has been discontinued for a period exceeding one year.
(2) 
Modification, alteration, or expansion of any conditional use in violation of any approved conditional use permit for such use, without approval by the Village Board, shall be considered a violation of this chapter and shall be grounds for Board revocation or modification of said conditional use permit. Any such revocation or modification shall follow the procedures outlined for original granting of a conditional use permit in this section, including public hearing notification to the applicant and owner.

§ 225-8-5 Design and site plan review.

[Amended 9-9-2025]
A. 
Applicability. This section shall apply to all development activities that result in construction, reconstruction, expansion, and exterior remodeling of principal buildings; detached accessory structures where required under § 225-3-5A; and new and expanded parking lots for nonresidential and multiple-family residential uses.
B. 
Initiation. Any person, firm, corporation, or organization having an ownership interest (or a contractual interest scheduled to become an ownership interest) in the land for which design and site plan approval is sought may file a design and site plan approval application.
C. 
Application requirements. No application for design and site plan approval for a described "minor change" in Subsection D shall be acted on by the Zoning Administrator, and no other application shall be placed on any Building Board agenda as an item to be acted upon, until the Zoning Administrator has certified acceptance of a complete application. The applicant shall provide the Zoning Administrator with a digital copy plus sufficient hard copies of the complete application as determined by the Zoning Administrator. Said complete application shall be comprised of the following, except where reduced by the Zoning Administrator based on unique circumstances associated with the development, "minor changes" described in Subsection D, or schematic design review described in Subsection E(3):
(1) 
A completed application form furnished by the Zoning Administrator, which shall include an estimate of construction value in time and materials.
(2) 
Contextual site information, including photographs and layout of the current structures on the site and of all neighboring principal buildings as defined in § 225-9-3.
(3) 
Existing and proposed lot area, lot dimensions, floor area percentage of all buildings, and other data necessary to determine compliance with all applicable dimensional requirements in Figure 225.2.2. and § 225-4-2.
(4) 
Two-dimensional structural elevation drawings, in both black and white and color, of all exterior sides and roof of the proposed structure or proposed remodeling or expansion of the existing structure, meeting the following standards:
(a) 
Drawn to a recognized architectural scale, including a graphic scale bar and north arrow or elevations clearly labeled by facing direction.
(b) 
Including a title block that indicates the name, address, and phone/fax number(s) of the current property owner, developer, and professionals involved in the project.
(c) 
Indicating the date of the original plan and the latest date of revision to the plan.
(d) 
Depicting exterior materials, texture, color, and overall appearance of all exterior surfaces, including mechanical equipment and lighting. Samples of the exterior building materials may be required for unique materials or textures.
(e) 
Indicating existing and proposed building height as defined in § 225-9-3.
(f) 
Clearly showing and labeling existing versus proposed areas and features.
(5) 
Where the project involves a requested special exception to floor area percentage requirements in Figure 225.2.2, perspectives, elevations, and/or photographs of the proposed principal building in relation to neighboring principal buildings as defined in § 225-9-3, and the estimated floor area percentages of all neighboring principal buildings using assessor records or another reliable source.
(6) 
Overhead site plan map(s), drawn to a recognized scale and including the following information:
(a) 
A title block that indicates the name, address, and phone/fax number(s) of the current property owner, developer, and professionals involved in the project.
(b) 
The date of the original plan and the latest date of revision to the plan.
(c) 
A north arrow and a graphic scale.
(d) 
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled, which may be combined with other required features necessitate a professional survey depending on a variety of factors including project complexity and proximity of features to minimum requirements of this chapter.
(e) 
All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan sheet as to ownership and purpose.
(f) 
All required minimum building setback lines applicable to the zoning district.
(g) 
All existing and proposed buildings, structures, and hard surfaced areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls.
(h) 
The location and dimension of all driveways and access points onto public streets.
(i) 
Location and dimension of all existing and proposed parking, loading, service, and outdoor storage areas, including a summary of the number of parking stalls provided versus required by this chapter.
(j) 
Delineation and labeling of shoreline, floodplains, wetlands, slopes of 10% or greater, and mature trees.
(k) 
Existing and proposed sanitary sewer, water, electrical, and communication pole and line locations, connections, and relocations.
(l) 
A grading plan showing existing and proposed grades, any retaining walls (with materials indicated), and proposed stormwater management features. When the project includes construction of any new principal building, such grading plan shall be prepared by a Wisconsin licensed civil or stormwater engineer.
(m) 
If required under § 115-6 of the Code, an erosion control plan meeting associated requirements (generally not required for single-family residences).
(n) 
If required under § 115-7, a stormwater management plan and calculations meeting associated requirements (generally not required for single-family residences).
(o) 
Proposed exterior signage, if any. If including or associated with an exterior sign requiring a sign permit under Figure 225.5.1 or § 225-8-11, a sign permit application under § 225-8-11.
(p) 
An exterior lighting plan complying with the requirements of § 225-4-7 and including catalog pages or similar for all proposed fixtures, and a photometric plan for nonresidential and multiple-family residential developments.
(q) 
Where the project includes construction of a new principal building or a 25% or greater floor area expansion of any existing principal building, a landscape plan meeting associated requirements of § 225-4-3F.
D. 
Action on minor changes.
(1) 
Except as provided in Subsection E, the following defined "minor changes" shall be subject to Zoning Administrator approval, approval with conditions, or denial with reasons tied to non-compliance with this chapter, following verification of a complete submittal and prior to issuance of a building permit:
(a) 
Window replacements of similar size and design, not including modifications between single and divided pane design.
(b) 
Garage and people door replacements of similar size, with minimal design modifications and material changes acceptable.
(c) 
Roof replacements with similar materials, with minimal roof design or structural modifications.
(d) 
Exterior siding replacements of similar design, with minimal structural modifications and with material changes acceptable.
(e) 
Patio, deck, and walkway replacements and enlargements of no greater than 100 square feet, where meeting applicable dimensional requirements in Figure 225.2.2 and with material changes acceptable.
(f) 
Driveway replacements of the same size, where meeting applicable dimensional requirements in Figure 225.2.2 and with material changes acceptable.
(g) 
Fences and walls meeting applicable requirements of Figure 225.2.2 and § 225-4-4.
(h) 
Detached accessory structures specified for Zoning Administrator approval under § 225-3-5A.
(i) 
All roof-mounted solar panel systems, all electrical generator systems, and other small exterior communication or energy systems that are completely underground and/or entirely within existing buildings, meeting applicable requirements in § 225-3-5C.
(2) 
Any decision of the Zoning Administrator on a proposed "minor change" design and site plan review application may be appealed to the Board of Appeals per § 225-8-8.
E. 
Action on other changes and special exceptions.
(1) 
The Building Board shall take final action on an application for design and site plan approval in one of the following circumstances:
(a) 
When the Zoning Administrator determines that any structure or improvement otherwise classified as a "minor change" in Subsection D has unique circumstances and/or raises subjective design-related characteristics related to a requirement of this chapter.
(b) 
For all design and site plan review applications not classified as a "minor change" in Subsection D but that otherwise meet applicable requirements of this chapter, or, if not, obtain a variance from the Board of Appeals.
(c) 
As prescribed in §§ 225-2-5C(3)(a) and 225-3-5A(2)(b).
(2) 
In one of the circumstances described under Subsection E(1), and upon Zoning Administrator verification of a complete design review application, the Village Clerk shall schedule a meeting of the Building Board to consider the application. Before or at the meeting, the Zoning Administrator or designee shall provide to the Building Board and applicant an evaluation of the application, with reference to the criteria in Subsection F. The Building Board shall act by motion to approve or deny the proposed application, as requested or with conditions to meet applicable requirements of this chapter. Each denial shall include reasons for such denial. Any decision of the Building Board on a proposed design and site plan review application may be appealed to the Board of Appeals per § 225-8-8.
(3) 
Prior to Building Board final action on any new principal building, or 50% or greater floor area expansion of any existing principal building, the Building Board shall conduct a schematic design review of each such proposed project. Schematic design review is considered a preliminary review in which the applicant and professional representatives shall present and discuss the basics of the project with the Building Board before an application meeting all requirements in Subsection C is submitted. Schematic review shall focus on site layout, building massing and primary facade elevations, architectural theme and materials, and relation to neighboring principal buildings as defined in § 225-9-3, which shall be the basis of presentation materials or submittals for the schematic design review stage.
F. 
Review criteria.
(1) 
No design and site plan approval shall be granted unless the Zoning Administrator or Building Board, as applicable, finds that the application, as limited by any enforceable conditions, will meet all applicable requirements of this chapter, including but not limited to the following:
(a) 
Dimensional requirements Figure 225.2.2, as may be modified by § 225-2-5.
(b) 
Any use-specific performance standards related to design within Article 3.
(c) 
Building design requirements of § 225-4-2.
(d) 
Site design requirements of § 225-4-3.
(e) 
Where consisting of or including a sign, applicable requirements of Article 5.
(2) 
No special exception to normal floor area percentage requirements in Figure 225.2.2 shall be granted unless the applicant demonstrates to the satisfaction of the Building Board that the exception( s) authorized thereby, as limited by any enforceable conditions, will meet all of the following criteria:
(a) 
Will be consistent with the purpose for design review in § 225-4-1A.
(b) 
Will otherwise meet all requirements of this chapter, including but not limited to building and site design requirements in §§ 225-4-2 and 225-4-3.
(c) 
Will be consistent with the Comprehensive Plan including any applicable guidelines therein.
(d) 
Will not increase the floor area percentage on the parcel to be substantially greater than the mean average floor area percentage of existing neighboring principal buildings.
(e) 
Will not be hazardous, harmful, or otherwise adverse to the natural environment.
(f) 
Will not negatively affect the safe and efficient installation, use, and maintenance of public facilities serving the area, including but not limited to roadways, sidewalks and paths, and utilities.
(g) 
Is supported by evidence that the normal maximum floor area percentage does not reasonably provide for the function of the proposed project.
(h) 
To mitigate apparent building scale:
[1] 
Incorporates contributing architectural elements, such as limits to the size and/or setback of the second story relative to the first story; varying roof lines, peaks, and slopes; and varying building shapes and/or facade orientation; and
[2] 
Benefits from other mitigating factors such as nearby public open space, extensive mature tree cover, setbacks that significantly exceed minimums, and/or unique topographic or site design features that mask building scale.
G. 
Post-approval actions.
(1) 
The Village Clerk shall provide notification of each approved or denied design and site plan review application to the applicant, including any conditions of approval.
(2) 
The owner shall cause to be buried all overhead power and communication lines, and removal of associated poles, on the parcel within six months of building permit issuance, and shall prior to building permit issuance sign a commitment to this effect, except when:
(a) 
Proposed construction value, including time and materials, is less than $50,000, adjusted annually beginning January 1, 2026, in an amount equal to the change in the Consumer Price Index for the Midwest region in the prior year; and/or
(b) 
The private utility company indicates in writing that it will prohibit such action.
H. 
Effect of denial. No application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
I. 
Modification of an approved design. Changes between development and/or land use activity on the subject property and the approved design review application is a violation of this chapter. To void such violation, an approved design shall be revised and approved via the procedures for original approval above, so as to clearly and completely depict proposed modifications to the previously approved design, prior to the initiation of said modifications.
J. 
Sunset clause. The design approval shall expire in cases where all buildings and other improvements authorized thereunder are not commenced within one year of approval and fully developed within two years of approval. In such case, no additional site development shall be permitted on undeveloped portions of the subject property. The Building Board (or Zoning Administrator for "minor changes") may extend this period, as requested by the applicant.

§ 225-8-6 Building demolition or removal/movement.

A. 
Applicability and limitations.
(1) 
This section applies to:
(a) 
Every person who provides building demolition, removal, and/or movement services in or to the Village, or who owns, sells, leases, or lets for hire, uses, designs, installs, repairs, operates, maintains, or grants possession of any equipment, materials, or apparatus relating to said services in the Village.
(b) 
Buildings greater than 200 square feet in area that are proposed for demolition, razing, and/or destruction, and/or removal from a parcel on which they are constructed.
(2) 
No applicable building shall be razed or removed without a demolition permit issued by the Building Inspector, following approval from the Building Board under the procedure in § 225-8-5E(2) and satisfaction of the criteria in Subsection D.
(3) 
Where a principal building is proposed for demolition or removal, no demolition permit will be issued without the applicant first obtaining Building Board approval of plans for a replacement principal building and submitting a complete building permit application for such replacement, unless the applicant records a certified survey map following Village approval that combines the associated lot with another lot with a principal building that will remain.
(4) 
Initiation. Any person, firm, corporation, or organization having an ownership interest (or a contractual interest scheduled to become an ownership interest) in the land for which building demolition is sought may file an application for building demolition or removal.
B. 
Application requirements. No application for demolition permit shall be placed on any agenda as an item to be acted upon until the Zoning Administrator has certified acceptance of a complete application. The applicant shall provide the Zoning Administrator with a digital copy plus sufficient hard copies of the complete application as determined by the Zoning Administrator. Said complete application shall be comprised of the following:
(1) 
The name of the person(s) or firm(s) who is applying to demolish or remove/move the building and their qualifications for such work.
(2) 
Present location of the building by address and parcel number.
(3) 
Site or plot plan prepared by the applicant indicating the exact placement of the building on the site.
(4) 
Executed insurance certificate per Subsection D below.
(5) 
The date or time frame within which the demolition will occur.
(6) 
Approved method of demolition, and any conditions associated with approved method.
(7) 
Proposal for the discontinuance of gas, electrical, sanitary sewer, and water services.
(8) 
If the building is proposed to be moved, the place to which such building is intended to be moved and the names and segments of the streets along which the building is proposed to be moved.
(9) 
The required application fee and commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
C. 
Review criteria. No application for demolition permit shall be granted unless the Building Board finds that such demolition, as may be limited by any enforceable conditions, will meet all of the following criteria:
(1) 
Will be consistent with the purpose and intent of this chapter and this section.
(2) 
Will otherwise meet all requirements of this chapter, including but not limited to applicable building and site design requirements in §§ 225-4-2 and 225-4-3.
(3) 
Will be consistent with the Comprehensive Plan including any applicable guidelines therein.
(4) 
Will not negatively affect the reasonable use and enjoyment of neighboring principal buildings.
(5) 
Will not be hazardous, harmful, or otherwise adverse to the natural environment.
(6) 
Will not negatively affect the safe and efficient installation, use, and maintenance of public facilities serving the area, including but not limited to roadways, sidewalks and paths, and utilities.
(7) 
Is based on substantial evidence supported by the written opinion of a qualified professional that modifications to the existing building, as opposed to its demolition and construction of a new building, does not reasonably or cost-effectively allow the primary objectives of the proposed project to be fulfilled.
D. 
Other requirements.
(1) 
Insurance. A certificate of professional, commercial liability, personal injury, and property damage insurance for the person or firm demolishing or removing the building shall be required in amounts determined by the Village Attorney and listing the Village as an additional named insured. Such insurance shall not be cancelled or reduced before the demolition is complete.
(2) 
Utility discontinuance. At least 30 days prior to the commencement of demolition or removal, the permittee shall notify in writing all public and private utilities with services to the building of the proposed demolition, requesting instructions for the discontinuance of such services. As provided by such instructions or otherwise by law, the permittee shall cause all such services to be discontinued, remove all meters and regulators, and cap and close any well, prior to the commencement of building demolition or removal to the extent possible. All sewer and water laterals shall be located and sealed at a point outside the foundation line, with the plug or seal not covered until inspected and approved by the Director of Public Works or designee.
(3) 
Property protection and dust control. The permittee shall install a snow fence, lighted barricade, or such other barrier around the demolition site, and shall maintain such barrier over the duration of demolition and until the excavation is filled per Subsection E. If the demolition or removal operation causes excessive dust in the determination of the Building Inspector, the building and site shall be sufficiently dampened or other dust control measures taken. The Building Inspector may stop the demolition operation if it becomes apparent that damage beyond that intended, with reasonable probability, will ensue if the operation is continued.
(4) 
Accessory structures and other site improvements. The demolition or removal of the principal building from a parcel shall require the permittee to raze or relocate all accessory structures and other improvements on that same parcel such as driveways, unless demolition or relocation is proposed to accommodate a new principal building on the same parcel with construction commencing within six months of relocation. Should construction of such new principal building not actually be commenced in such time frame, upon order of the Building Inspector such accessory structures and other improvements shall be immediately raised by the permittee or by the property owner at the time.
(5) 
Moving buildings. If the building is proposed to be moved to a different location, the Director of Public Works shall approve or designate the routes in the Village through which the movement will occur, and may designate the time frames and other requirements for the move to insure public safety and protection of infrastructure and private property. Upon completion of the moving, the Director of Public Works shall inspect the route and report to the Clerk-Treasurer any damages, and the estimated amount thereof, caused to the streets and any public or private property, which shall be reimbursed by the applicant within 30 days of invoicing from the Village.
E. 
Site restoration.
(1) 
Within 30 days following building demolition or removal, the permittee shall:
(a) 
Remove all rubble, rubbish, and other debris from the excavated area and other locations on the site to a licensed solid waste disposal facility or another site that will allow the deposit of such materials under all state and Village laws, ordinances, and regulations.
(b) 
If not completely removed, break up basement floor slab to allow free vertical drainage.
(c) 
If not completely removed, excavate all basement walls to a point four feet below finish grade.
(d) 
Verify that all utilities, openings, pipelines, drains, and similar have been properly capped and otherwise discontinued, and complete any remedial action to complete such discontinuance.
(e) 
Fill all basements, crawlspaces, and other excavated areas and voids resulting from the building demolition to within four inches of finished grade. All fill shall be granular material free from debris and organic material, placed in layers of 12 inches or less, and compacted to not less than 95% of Modified Proctor (ASTM D-1557).
(f) 
Grade the excavation and all other disturbed areas to not greater than a 3:1 slope.
(g) 
Spread a layer of arable topsoil capable of supporting perennial grasses over the disturbed area to a minimum depth of four inches, and install silt fence, silt socks, or other measures to ensure proper erosion control.
(h) 
Seed the site with a perennial grass capable of survival in climate zone 5a and water and otherwise maintain until the grass is established.
(2) 
On the failure of the permittee to perform any of the above actions, the Village may instead perform said action(s), charging the permittee or property owner for the full cost of such action(s).
F. 
Inspections. Each permittee shall, within 24 hours after the demolition or removal has been completed and within 24 hours after seeding the demolition site per Subsection E, report such actions to the Building Inspector. The Inspector shall thereupon inspect the site and direct any remedial action required to ensure compliance with this section and the permit. The Building Inspector may inspect the site at any other time to verify compliance.
G. 
Sunset clause. Each demolition permit shall expire in cases where all buildings and other improvements required to be removed are in fact removed within six months of permit issuance. The Building Board may extend this period, as requested by the applicant.

§ 225-8-7 Variances.

A. 
Applicability. The procedure in this section shall apply in cases in which a person applies for a variance to one or more terms of this chapter, except where an alternative approach to modify such term(s) is specified in this chapter.
B. 
Initiation. Any person, firm, corporation, or organization having an ownership interest (or a contractual interest scheduled to become an ownership interest) in the land for which a variance is sought may file a variance application.
C. 
Application requirements. No variance application shall be placed on any agenda as an item to be acted upon until the Zoning Administrator has certified acceptance of a complete application. The applicant shall provide the Zoning Administrator with a digital copy plus sufficient hard copies of the complete application as determined by the Zoning Administrator. Said complete application shall be comprised of the following, except where reduced by the Zoning Administrator:
(1) 
A completed application form furnished by the Zoning Administrator.
(2) 
A map with a graphic scale and a north arrow showing the entire subject property including lot boundaries and dimensions of the subject property, and all other parcels within 300 feet of the boundaries of the subject property.
(3) 
Unless provided by the Zoning Administrator or Village Clerk, names and addresses of the owners of all property within 300 feet of the subject property as they appear on the current tax records.
(4) 
A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property.
(5) 
All known existing property and building conditions that do not conform with then-current requirements of this chapter (non-conformities).
(6) 
A scaled and dimensioned site and/or building plan of the subject property, including existing conditions (including those requiring a prior variance) and proposed changes.
(7) 
Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the criteria in subsection F below.
(8) 
The required application fee and a commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
D. 
Notice of public hearing. Following acceptance of a complete application, the Village Clerk shall schedule a public hearing before the Board of Appeals. The Village Clerk shall, not less than one week before the hearing, post notice of the time, place, and purpose of such hearing and send said notice to the applicant and all property owners within 300 feet of the subject property. Failure to post or send said notice or meet the time requirements herein, provided such action is unintentional, shall not invalidate proceedings under this section.
E. 
Public hearing and action. The Board of Appeals shall hold a public hearing on each requested variance. Before or at the hearing, the Zoning Administrator or designee shall provide to said Board and the applicant an evaluation of the requested variance, with reference to the criteria in Subsection F. Following the public hearing and consideration of comments provided therein and from the Zoning Administrator or designee, Said Board shall act to grant or deny the proposed variance, with any approval as it was requested or with conditions. Each variance runs with the land in question. Each variance shall be approved by motion and transcribed in an order from the Board or its designee. Each denial shall include reasons for such denial against the criteria in Subsection F. No application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator. The Village Clerk shall provide each approved variance order to the applicant.
F. 
Review criteria. No variance shall be granted unless the Board of Appeals finds that a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. For purposes of this chapter, the terms "practical difficulty" and "unnecessary hardship" are synonymous. The property owner shall bear the burden of proving "practical difficulty" and "unnecessary hardship" as follows:
(1) 
For an area variance, by proving that strict compliance with this chapter would unreasonably prevent use of the property for a permitted purpose or would render conformity with this chapter unnecessarily burdensome.
(2) 
For a use variance, by proving that strict compliance with this chapter would leave the property owner with no reasonable use of the property in the absence of a variance.
(3) 
By proving that the practical difficulty or unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.
G. 
Sunset clause. The variance approval shall expire in cases where all buildings and other improvements authorized thereunder are not commenced within one year of approval and fully developed within two years of approval. In such case, no additional site development requiring said variance shall be permitted on the subject property. The Board of Appeals may extend this period, as requested by the applicant.

§ 225-8-8 Appeals.

A. 
Initiation. Appeals to the Board of Appeals may be taken by any person aggrieved by any order, requirement, decision, determination, or interpretation of the Zoning Administrator or designee under this chapter, decision of the Building Board on a proposed design and site plan review application, or where otherwise this chapter allows an appeal to said Board. Such appeal shall be taken within 30 days of the order, requirement, decision, determination, or interpretation in question.
B. 
Application requirements. No application for appeal shall be placed on any agenda as an item to be acted upon until the Zoning Administrator has certified acceptance of a complete application. The applicant shall provide the Zoning Administrator with a digital copy plus sufficient hard copies of the complete application as determined by the Zoning Administrator. Said complete application shall be comprised of the following, except where reduced by the Zoning Administrator:
(1) 
A completed application form furnished by the Zoning Administrator.
(2) 
Written justification for the requested appeal consisting of the reasons why the applicant believes the proposed appeal is appropriate and the associated action was made in error.
(3) 
All records at the applicant's disposal related to the action appealed.
(4) 
The required application fee and a commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
C. 
Stay of proceedings. An appeal shall stay all legal proceedings and construction in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Appeals that by reason of facts stated in the certificate a stay would, in his or her opinion, cause immediate peril to life or property. In such cases, proceedings and construction shall not be stayed otherwise than by a restraining order that may be granted by the Board of Appeals, or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
D. 
Notice of public hearing. Following acceptance of a complete application, the Village Clerk shall schedule a public hearing before the Board of Appeals. The Village Clerk shall, not less than one week before the hearing, post notice of the time, place, and purpose of such hearing and send said notice to the applicant and all property owners within 300 feet of the subject property. Failure to post or send said notice or meet the time requirements herein, provided such action is unintentional, shall not invalidate proceedings under this section.
E. 
Public hearing and action. The Village Administrator shall forthwith transmit to the Board of Appeals all application materials and all papers constituting the record upon which the action appealed from was taken. At the hearing, the applicant may appear in person, by agent, or by attorney. Said Board shall reach its decision within 30 days after the hearing and thereafter the Village Clerk shall transmit a written copy of its decision to the applicant.
F. 
Appealable actions. The scope of review of a decision of Zoning Administrator or any other administrative officer shall be a de novo review before the Board of Appeals. The scope of the review of any appeal to a decision of the Building Board shall be limited before the Board of Appeals to whether:
(1) 
The Building Board kept within its jurisdiction;
(2) 
The Building Board proceeded on a correct theory of law;
(3) 
The Building Board's action was arbitrary, oppressive, or unreasonable and represented its will, not its judgment against applicable provisions of this chapter; and
(4) 
The evidence was such that the Building Board might have reasonably taken the action in question.

§ 225-8-9 Interpretations.

A. 
Applicability. This section assigns responsibility for the official interpretation of the provisions of this chapter, and describes the required procedure for securing such interpretation, except as may be otherwise prescribed in this chapter.
B. 
Initiation. A request for an interpretation may be initiated by the Village Board, Plan Commission, the Zoning Administrator, or any member of the general public who resides in or owns land or a business in the Village.
C. 
Request requirements. Each request for an interpretation shall be comprised of the following:
(1) 
Indication of the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.
(2) 
If the requested interpretation relates to the application of this chapter to a specific property:
(a) 
A scaled and dimensioned map or site or building plan for the subject property, which accurately reflects the current conditions of the property, along with any proposed changes, with sufficient details relevant to the interpretation.
(b) 
A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property.
(3) 
The required application fee and a commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
D. 
Action. Upon Zoning Administrator receipt of a complete request, such Administrator shall issue an interpretation in writing, and shall promptly provide such interpretation to the applicant and keep it on file.
E. 
Review criteria. In making each interpretation, the Zoning Administrator shall evaluate each complete request against the following standards:
(1) 
Consistent with the purpose of this chapter, other chapters of the Code, and Comprehensive Plan.
(2) 
Shall not reduce protections or increase potential harm to the public.
(3) 
Provides a just balance between the rights of the applicant and all others who may be affected by interpretation.
(4) 
Shall not substitute Administrator's own judgments for the legislative acts of the Village Board.
(5) 
Shall not allow the establishment of any land use or development that was previously considered and rejected by the designated Village approval authority.

§ 225-8-10 Lot divisions, reconfigurations, and consolidations.

[Amended 9-9-2025]
A. 
Applicability and initiation. Each person required to prepare a certified survey map (CSM) under Article 6 shall submit with the Zoning Administrator an application for CSM approval.
B. 
Application requirements. No application for CSM approval shall be placed on any agenda as an item to be acted upon until the Zoning Administrator has certified acceptance of a complete application. The applicant shall provide the Zoning Administrator with a digital copy plus sufficient hard copies of the complete application as determined by the Zoning Administrator. Said complete application shall be comprised of the following, except where reduced by the Zoning Administrator:
(1) 
A completed application form furnished by the Zoning Administrator.
(2) 
The CSM shall include all required contents under Chapter 236, Wis. Stats., and the following information:
(a) 
All the certificates required by § 236.21, Wis. Stats.; and certification that the CSM fully complies with all of the provisions of this chapter.
(b) 
Location of existing property lines, buildings, drives, paths, streams and watercourses, dry runs, lakes, ponds, wetlands, floodplains (by type), shoreland zoning areas and setbacks, rock outcrops, mature trees; environmental corridors, and other similar significant features within the land being divided or adjusted.
(c) 
Any easements, unique building setback lines, buildable areas, "build-to" lines, or similar areas.
(d) 
All existing structures.
(e) 
If the CSM contains private road(s), the following note: "Notice of Possible Limitation of Public Services: This CSM contains private roads. As a result, certain public services including but not limited to road maintenance, snow plowing, and garbage collection may be limited."
(3) 
The required application fee and a commitment to reimburse the Village for any consultant services the Village may utilize in the review of the application, except where the application is filed by the Village Board, Plan Commission, or Zoning Administrator.
C. 
Recommendation. Upon Zoning Administrator verification of a complete CSM application, and except as otherwise provided in Subsection E, the Village Clerk shall schedule a meeting of the Plan Commission to consider the application. Before or at the meeting, the Zoning Administrator or designee shall provide to the Commission and applicant an evaluation of the proposed land division, with reference to applicable criteria in this chapter. Following the consideration of this evaluation, the Commission shall review the proposed CSM and provide a recommendation to the Village Board that the application be granted as requested, granted with conditions, or denied, or the Commission may instead provide no recommendation.
D. 
Action. Following Plan Commission recommendation, the Village Clerk shall schedule the proposed CSM for Village Board action. The Village Board shall within 60 days of a complete submittal act to approve or deny the proposed CSM, with any approval as requested in the application or with conditions. Each CSM approval shall be by resolution. Each denial shall include reasons. Any action of the Village Board may be appealed directly to the Circuit Court under any procedure allowed under Wisconsin law. No application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator. The Village Clerk shall provide notice of each such action to the applicant.
E. 
Process for consolidations into one lot. Where a proposed CSM would combine lands in a single Dane County tax parcel as of June 12, 2025 into one lot, the Zoning Administrator shall within 20 days approve the proposed CSM as presented or with conditions, deny, or refer the proposed CSM to the Plan Commission. Zoning Administrator approval, approval, approval with conditions, or denial (with reasons) shall be in writing, based only on compliance with this chapter. The applicant may, within 30 days of receipt of a Zoning Administrator denial, appeal that action to the Plan Commission. In case of Zoning Administrator referral or applicant appeal under this subsection, the procedures in Subsections C and D shall apply and final action will rest with the Village Board.
F. 
Recordation. Each approved CSM shall be submitted for recording with the county Register of Deeds within six months from the date of the last approval and within 24 months from the date of the first approval, or the Village approval shall be deemed void. No CSM shall be submitted for recording until the Village Clerk has inscribed his or her certification of Village approval on the CSM. The Village Clerk shall cause the certificate inscribed upon the CSM attesting to such approval to be duly executed and the plat returned to the subdivider for recording, upon verification of CSM approval under this section and satisfaction of all conditions imposed by that approval to the extent possible.
G. 
Following recording. No Village building permit associated with a land division, subdivision, or condominium development shall be issued until the associated CSM is recorded. The subdivider shall install survey monuments placed in accordance with the requirements of § 236.15, Wis. Stats.

§ 225-8-11 Sign permits and procedures.

A. 
Permit requirements. Each sign located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered shall require a sign permit following application for said permit and in advance of such action, subject to the following allowances and exceptions:
(1) 
No sign permit shall be required for the cleaning, repainting, replacing with the same sign text, graphics, and area, repair to previous condition, maintenance of a sign or sign structure as described in § 225-5-7A, or replacement of a sign face in a multiple-sign freestanding structure where such replacement does not require any structural alteration.
(2) 
No sign permit shall be required for any sign in a residential zoning district, for a single-family residential use regardless of zoning district, or for the types and configurations of signs indicated as not requiring a sign permit in Figure 225.5.1.
(3) 
Any sign permit granted hereunder may not be assigned or transferred to any other sign.
(4) 
All signs at one premise may be included under one sign permit, if applied for at the same time.
B. 
Application procedure. Each application for a sign permit shall be filed with the Zoning Administrator on a form provided by that office, and shall include all of the following to be considered a complete application:
(1) 
The name and address of the permit applicant, sign designer, and property and business owner.
(2) 
A scaled and dimensioned plan showing, at a minimum, the location of the proposed sign on the subject property; the location of all existing signs on the subject site; all property lines and buildings in the subject site; and parking areas, driveways, public roads, and buildings within 100 feet of the proposed sign.
(3) 
A diagram of the proposed sign, drawn to a recognized scale, and listing and depicting the type, height, width, total square footage of the sign, square footage of each sign component, method of attachment, structural support including footings, method of illumination, and sign materials, colors, and message.
(4) 
The subject property's zoning designation and lineal footage on each abutting public street.
(5) 
A summary of existing signage on the subject property, including quantity, location, type, and area of all signs on the property, both before and after the installation of the proposed sign(s).
(6) 
Evidence that the structural requirements of § 225-5-6 will be met.
(7) 
Written consent of the owner of the premises and building upon which the sign is to be erected.
(8) 
The appropriate sign permit fee, per the Village's fee schedule, except that no Village-proposed sign shall require a fee, and a commitment to reimburse the Village for any professional consultant services the Village may utilize to review the permit application.
C. 
Action on sign permit application.
(1) 
Following receipt of a complete permit application for any auxiliary, sandwich board, limited-time event, nameplate and identification, or window sign, the Zoning Administrator shall review said application and shall issue or deny a sign permit in writing.
(2) 
For all other signs requiring a permit, upon the receipt of a complete application, the Zoning Administrator shall schedule the application on a meeting agenda of the Building Board (or Plan Commission if the applicant is simultaneously seeking another action from the Plan Commission). If the Building Board (or Plan Commission) authorizes issuance of a sign permit, the Zoning Administrator shall then, in writing, issue a sign permit based on the submitted application and the Building Board's authorization including any conditions.
(3) 
Any action under Subsection C(1) or (2) shall be subject to appeal to the Board of Appeals.
(4) 
Any sign permit may be issued with conditions necessary to meet requirements of this chapter.
(5) 
Denial of a sign permit shall not result in total or partial reimbursement of permit fees paid.
D. 
Enforcement and revocation.
(1) 
Any sign permit may be revoked by the Zoning Administrator in the event that the applicant has failed to comply with the provisions of this chapter, the submitted sign permit application, the sign permit, or any conditions that may have accompanied the permit at the time of granting.
(2) 
Any sign permit shall be null and void and automatically revoked in the event that construction, installation, or manufacture of the sign has not been commenced within 180 days from the date of the issuance of such permit. If work authorized by such permit is suspended or abandoned for a period of 90 days any time after commencement, the original permit shall become null and void and automatically revoked. A new permit shall first be obtained to complete the work, and a new permit fee shall be required.
(3) 
A sign subject to any revoked permit shall be removed by the licensee, sign owner, or property owner within 30 days of such revocation, and/or shall be subject to enforcement under § 225-8-16.
(4) 
Revocation shall not result in total or partial reimbursement of fees paid.

§ 225-8-12 Building permits.

Requirements for building permits are prescribed in Chapter 90.

§ 225-8-13 Certificates of occupancy.

A. 
Applicability. A certificate of occupancy from the Building Inspector shall be required prior to any occupancy of any of the following buildings or portions of buildings:
(1) 
Each newly-constructed single-family dwelling.
(2) 
Each newly-constructed or expanded nonresidential and mixed use building.
(3) 
Each change in occupancy or use of any nonresidential building space (e.g., change in commercial tenant).
B. 
Initiation. Every application for a building permit shall be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use or change in use of a building or portion thereof shall be made directly to the Building Inspector.
C. 
Issuance of certificate of occupancy. No certificate of occupancy for shall be issued until construction has been substantially completed and the premises inspected and certified by the Building Inspector to be in conformity with the plans and specifications upon which the building permit was based, this chapter, and Chapter 90.
D. 
Temporary occupancy. The Building Inspector may issue a temporary certificate of occupancy for a building, premises, or part thereof, pursuant to any rules established by the Village Board, with a deadline to achieve a full certificate of occupancy and complete all outstanding work required under this chapter, Chapter 90, any Village approval thereunder, and the plans and specifications upon which the building permit was based.
E. 
Termination of a certificate of occupancy. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to occupy a building in the Village without having first obtained a certificate of occupancy. Any Certificate issued upon a false statement of any fact that is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Building Inspector, said Inspector shall forthwith revoke the certificate of occupancy by notice in writing to be delivered to the holder of the void certificate upon the premises where the violation has occurred, or if such holder be not found there, by mailing said notice of revocation by certified letter to the last known address. Any person who shall proceed thereafter with such work or use without having obtained a new certificate of occupancy shall be deemed guilty of violation of this chapter.
F. 
Certificates for existing occupancies. Upon a written request from the owner, the Building Inspector may issue a certificate of occupancy for any building or premises existing on June 12, 2025, certifying after inspection the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this chapter.

§ 225-8-14 Roles and responsibilities.

A. 
Zoning Administrator.
(1) 
Designation. The Village Board shall designate the Zoning Administrator. As permitted by law, the Zoning Administrator may designate another employee or contractor of the Village to perform the duties of the Zoning Administrator, on a recurring, occasional, or case-by-case basis. Where a duty in this chapter is assigned to the Zoning Administrator, it shall be assumed that his or her designee may also perform such duty except where otherwise restricted by law.
(2) 
Duties. Except where otherwise assigned in this chapter, the Zoning Administrator shall interpret and administer, issue permits required by, and perform other duties described within, this chapter. In addition thereto and in furtherance of said duties, the Zoning Administrator shall:
(a) 
Be permitted access to premises and structures during reasonable hours to make those inspections as the Zoning Administrator deems necessary to ensure compliance with this chapter. If, however, the Zoning Administrator is refused entry after presentations of his identification, said Administrator may procure a special inspection warrant in accordance with § 66.0119(2), Wis. Stats.
(b) 
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional use permits, sign permits, variances, appeals, interpretations, and applications.
(c) 
Receive, file, and forward all applications, plus staff evaluations, for all procedures governed by this chapter to the designated bodies.
(d) 
Investigate complaints made relating to compliance with this chapter.
(e) 
Institute, in the name of the Village, any appropriate actions or proceedings against a violator of this chapter, as provided by § 225-8-16.
(f) 
Request assistance and cooperation from the Village Police Department, Village Attorney, Village Clerk, Public Works Director, and other Village staff and consultants as the Zoning Administrator deems necessary, either as a designee or advisor.
(g) 
Make available to the public reports and documents concerning this chapter and actions thereunder.
B. 
Board of Trustees. The Village Board shall have the duties with respect to this chapter as so indicated.
C. 
Village Plan Commission. The Village Plan Commission, together with its other statutory duties, shall have the duties with respect to this chapter as indicated herein. Membership shall be pursuant to § 62.23(1), Wis. Stats.
D. 
Board of Appeals.
(1) 
Established. The Board of Appeals shall consist of five primary members and two alternates who shall be appointed by the Village President and approved by the Village Board. The members of the Board shall serve without compensation. The Village President shall designate one member as chair, and the Village Clerk shall serve as secretary of the Board. The terms of office of the members of the Board shall be staggered terms for three years.
(2) 
Meetings. All meetings of the Board shall be held at the Village Center unless a different meeting place is announced in a public notice of the meeting. Meetings of the Board shall be held at the call of the chair and at such other times as the Board may determine. The chair (or in their absence the acting chair) may administer oaths and compel the attendance of witnesses.
(3) 
Rules and regulations. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this article and of § 62.23(7), Wis. Stats. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote showing such fact. The concurring vote of a majority of members present shall be necessary to reverse any order or determination of the Building Inspector or to decide in favor of the applicant any matter upon which the Board is required to pass or to effect any variation from the terms of this chapter.
(4) 
Powers. In addition to the powers and procedures specified elsewhere in this article, the Board of Appeals has the power:
(a) 
To permit a temporary building in the R-A and R-B Districts that is incidental to residential construction, with any such permit to be issued for a period of not more than one year.
(b) 
To permit an accessory building, subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, to exceed 15 feet in height, provided that the top of such accessory building shall not be more than five feet above the mean elevation of the ground adjoining the main building.
(c) 
If recommended by the Public Service Commission of Wisconsin, to permit in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter a building or premises to be erected or used by a public service corporation or for public utility purposes in any location and for any purpose which is reasonably necessary for the public convenience and welfare.
(5) 
Scope of review. In exercising its powers under this article, the Board of Appeals may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made to the premises and to that end shall have all the powers of the Building Inspector.
(6) 
Grievances. Any person or persons jointly or severally aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the Village, may, within 30 days after the filing of the decision in the office of the Board of Appeals but not thereafter, present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of the Board shall be subject to review by certiorari as provided by law.
E. 
Building Board.
(1) 
Membership. The Building Board shall consist of seven members composed of at least one member of the Village Board who shall serve as chair, and the remaining Building Board members shall be Village residents appointed annually by the Village President and confirmed by the Village Board. The Building Board shall include at least one member who shall be a professional planner, professional architect, or other design or real estate professional. All members shall be voting members. The Zoning Administrator or designee shall be secretary of the Building Board.
(2) 
Duties. The Building Board shall have the duties with respect to this chapter as indicated herein.

§ 225-8-15 Fees and cost reimbursement.

A. 
Payment of fees for procedures. The fees for the procedures and permits established by this article are established under a fee schedule adopted by the Village Board.
B. 
Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the Village (per the requirements of this chapter) and are not refundable.
C. 
Reimbursable costs. The Zoning Administrator, Public Works Director, Village Administrator, and other Village staff and consultants may expend time in the investigation and processing of matters regulated by this chapter. The Village may also retain the services of other professional consultants including but not limited to attorneys, planners, engineers, landscape architects, architects, environmental specialists, and recreation specialists in the administration, investigation, and processing of such matters. Any person, firm, or corporation requesting action by or documents from the Village on such matters may be required to reimburse the Village for staff and professional consultant time and materials expended or provided in the administration, investigation, and processing of such requests.

§ 225-8-16 Violations and penalties.

A. 
Violations. It shall be unlawful to construct or use any structure, land, or water anywhere within the Village in violation of any of the provisions of this chapter. In case of any violation, the Village Board, Plan Commission, Zoning Administrator, or any person who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.
B. 
Penalties. Any person, firm, or corporation who fails to comply with the provisions of this chapter shall be subject to Chapter 10 and shall forfeit not less than $250 per violation, plus the costs of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
C. 
Village promulgated correction of violation. In addition to any other penalty imposed by this section or by Chapter 10 for a violation of the provisions of this chapter, the Village reserves and maintains the continued right to abate violations of this chapter, as follows:
(1) 
If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals, or decency, the Zoning Administrator shall cause the violation to be abated immediately, impose penalty per this section and Chapter 10, or both.
(2) 
If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals, or decency, the Zoning Administrator shall serve written notice by registered mail on the current owner of the property (as indicated by current tax records) on which said violation is occurring to remove said violation within a reasonable time frame specified in the notice. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator within the indicated time frame. If such violation is not removed or otherwise resolved to the satisfaction of the Zoning Administrator in the indicated time frame, the Zoning Administrator may cause the violation to be abated, impose penalty per this section and Chapter 10, or both.
(3) 
In addition to any other penalty imposed by this section or by Chapter 10 for a violation of this chapter, the cost of abating a violation of this chapter shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the Village to abate the violation shall be kept and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by registered mail, and shall be payable within 30 calendar days from the receipt thereof.
D. 
Special charge. Following 60 days after any penalties, costs, and expenses under this section are incurred and remain unpaid, the Village Clerk is authorized to enter such charges onto the tax roll as a special charge as provided by § 66.0627, Wis. Stats.