This Chapter contemplates an administrative and enforcement officer entitled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this Zoning Chapter require review and action by the Village Board. A Zoning Board of Appeals is provided to assure proper administration of the Chapter and to avoid arbitrariness.

The Zoning Administrator is hereby designated as the primary administrative officer for the provisions of this Chapter. The zoning Administrator shall be appointed by resolution of the Village Board. The duty of the Zoning Administrator shall be to interpret and administer this Chapter. All required permits in accordance with the provisions of this Chapter shall be issued by the Building Inspector and Clerk-Treasurer. The Zoning Administrator shall further:

1. Issue all zoning certificates, and make and maintain records; which records shall be maintained in the Village Hall.
2. Require on-site inspections by the Building Inspector of buildings, structures, and use of land to determine compliance with the terms of this Chapter.
3. Maintain permanent and current records of this Chapter, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefore.
4. Provide and maintain a public information function relative to all matters arising out of this Chapter.
5. Receive, file and forward to the Village Clerk-Treasurer all applications for amendments to this Chapter.
6. Receive, file and forward to the Plan Commission all applications for conditional uses.
7. Receive, file and forward to the Board of Appeals all applications for appeals, variances, or other matters on which the Board of Appeals is required to act under this Chapter, and shall attend all Board of Appeals meetings to provide technical assistance when requested by the Village Board.
8. Initiate, direct and review from time to time a study of the provisions of this Chapter, and make recommendations to the Plan Commission.

1. Village Board. The Village Board, the governing body of the Village, subject to the holding of public hearings by said Board, has ultimate authority to grant permitted conditional uses, planned unit development conditional uses, make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map and to amend the text of this Chapter.
2. Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this Chapter. See Article 0 of this Chapter for detail provisions.

1. Zoning Permit Required. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, recon-structed, extended, enlarged, converted or structurally altered without a zoning permit.
2. Application. Applications for a zoning permit shall be made to the Zoning Administrator and shall include the following where pertinent and necessary for proper review:
   1. Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.
   2. Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
   3. Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing such of the following as may be required by the Zoning Administrator: the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; public utilities; off-street parking, loading areas and driveways; existing highway access restrictions; high water; channel, floodway and floodplain boundaries; and existing and proposed street, side and rear yards.
   4. Additional information as may be required by the Zoning Administrator or Village Board.
3. Action.
   1. A zoning permit shall be granted or denied in writing by the Zoning Administrator within thirty (30) days of application and the applicant shall post such permit in a conspicuous place at the site.
   2. The permit shall expire within six (6) months unless substantial work has commenced or within eighteen (18) months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the application shall reapply for a zoning permit before commencing work on the structure.
   3. Any permit issued in conflict with the provisions of this Chapter shall be null and void.

1. Applicability. All development activities or uses of land that result in construction, reconstruction, exterior remodeling, or expansion of structures, parking lots, loading berths, or outdoor storage areas are subject to site and building plan review and approval in accordance with this Section, except for the following:
   1. Single-family and two-family detached residences and their associated improvements, but site plan and design approval are required where each dwelling unit is not on a separate lot.
   2. Agricultural uses and associated structures, such as barns and silos.
   3. Accessory structures or minor building and site improvements or modifications which, in the opinion of the Zoning Administrator, do not warrant site plan and design approval due to their insignificance on the landscape and to surrounding properties.
2. Pre-application Conference. Prior to the official submission of an application for site plan and design review, the applicant shall confer with the Zoning Administrator or designee. The purpose of this conference is to discuss the proposed nature of the contemplated development project. The Zoning Administrator or designee may also refer the matter to the Plan Commission for concept plan review prior to submittal of a formal application.
3. Application Completeness. The applicant shall submit a site plan application to the Zoning Administrator. The site plan application shall not be placed on an agenda as an action item unless the application is approved and certified as complete by the Zoning Administrator. The review of a site plan application for completeness shall occur within 10 days of application submittal, or else the application shall be considered complete. The Zoning Administrator shall notify the applicant of the date and time of the applicable Plan Commission meeting. Complete applications must be submitted at least 25 days in advance of a Plan Commission meeting to be scheduled for action at such meeting (as opposed to the subsequent meeting), except under exceptional circumstances as determined by the Zoning Administrator.
4. Application Contents. The applicant shall submit a digital copy plus hard copies of submitted plans as determined sufficient in size and quantity by the Zoning Administrator. Except as modified by the Zoning Administrator, the application shall include the following information within the site plan or in supporting documentation:
   1. Title block(s) that indicates the name, address, and phone number(s) of the project, proposer, current property owner, and agent(s) (i.e., developer, architect, engineer, planner) for project.
   2. The date of the original plan and the latest date of revision to the plan.
   3. A north arrow and a graphic scale.
   4. All property lines and existing and proposed right-of-way lines with bearings and dimensions labeled.
   5. Delineation and labeling of floodplains, wetlands, shoreland setback areas, slopes of 12 percent or greater, mature trees, and woodlands.
   6. All existing and proposed easement lines and dimensions, with a key provided and explained on the margins of the plan as to ownership and purpose.
   7. All required building setback lines applicable to the zoning districts, including setbacks from natural resources.
   8. A grading plan showing existing and proposed grades, including retention walls and related devices.
   9. An erosion and sediment control plan, where required under Title 15, Chapter 2 of the Code.
   10. Location of existing and proposed stormwater management facilities and structures, including a stormwater management plan and calculations where required under Title 15, Chapter 2 of the Code.
   11. All existing and proposed buildings, structures (including fencing), and paved areas, including building entrances, walks, drives, decks, patios, fences, walls, utility poles, drainage facilities, and mechanical and utility units.
   12. Locations and dimensions of all access points onto public streets meeting Chapter 3 of the Code.
   13. Locations and dimensions of all on-site parking (and, if applicable, off-site parking), including summary of number of parking stalls provided versus required by Section 13-1-92 for the land use(s).
   14. Locations and dimensions of all loading and service areas on the subject property and labels indicating the dimension of such areas.
   15. Location of all outdoor storage areas including dumpsters and the height, design, and materials of all screening fences.
   16. Location of all outdoor activity areas, including those for daily, seasonal, or longer-term sales and display of merchandise, including but not limited to donation drop-off boxes and vending machines.
   17. Locations, types, heights, fixture designs, and cut-off angles of all exterior lighting meeting Section 13-1-130. For projects proposed to include significant exterior lighting, the Village may require including a detailed photometric plan showing the distribution of light output across the property to the property lines.
   18. A landscaping plan showing the location, species, and size and time of planting for all proposed landscape plants, complying with Section 13-1-129.
   19. Elevation drawings, drawn to a recognized architectural scale, of proposed buildings or proposed exterior remodeling or expansion of existing buildings to include exterior or roof mechanical equipment and showing finished exterior treatment, with adequate labels provided to clearly depict exterior dimensions, materials, texture, color, and overall appearance and otherwise meeting Section 13-1-128. For buildings with five or more exterior doors, each exterior door shall be numbered on the elevations and on the actual building to facilitate subsequent emergency access, based on a numbering scheme available from the Zoning Administrator or protective service providers.
   20. Locations, types, heights, sizes and lighting of all existing signage on the subject property, and for proposed signage to the extent practical at the time of application.
   21. In the site plan map legend, the lot area, proposed landscaped surface area, and total existing and proposed gross floor area of buildings.
   22. Plat of survey or Certified Survey Map, in cases where lot lines or easements are unclear or require adjustment.
   23. Possible future building and/or parking lot expansions, if any.
   24. If requested by Zoning Administrator or Plan Commission, process safety management, risk management, containment, and/or emergency response program.
5. Site Plan Review Criteria. In acting on any site plan approval request, the Plan Commission shall review the request against all applicable requirements of this Chapter. Should additional public facilities be needed to serve the proposed site, the Plan Commission shall forward its recommendations to the Village Board and shall not issue final approval until the Village Board has entered into an agreement with the applicant regarding the development of such facilities.
6. Review, Action, and Notification. The Plan Commission shall, within 60 days of submittal of a complete application, take action to approve, approve with conditions, or deny approval of an application for site plan and design approval, unless the timeframe is extended with written consent of the applicant. The Zoning Administrator shall notify the applicant in writing of the Plan Commission action.
7. Appeal. Any appeal of the action of the Plan Commission on a site plan and design review applications shall be to the Zoning Board of Appeals.
8. Modification of an Approved Site Plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this Chapter. An approved site plan shall be revised and approved via the procedures for original approval above (allowing for minor modifications under subsection (a)(3)), so as to depict clearly and completely any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
9. Sunset Clause. All buildings and other improvements on an approved site plan not fully developed within two years of final site plan approval shall expire, and no additional site development shall be permitted on undeveloped portions of the subject property. The Plan Commission may extend this period, as requested by the applicant.
10. Fees. The application fee for site plan and design review shall be set by Village Board resolution, to be paid at the time of submission of the application. Further, the applicant shall reimburse the Village for its actual cost of any consultant fees, including but not limited to legal, architect, landscape designers and engineering fees at the invoiced amount plus administrative costs.
11. Penalties. Violations of this section or an approved or rejected site plan and design review application shall be subject to Article M, Section 13-1-175, except that each day a violation continues shall not be deemed a separate violation until expiration of the 30 day notice period for remedial action referenced in Article M, Section 13-1-175(b). Nothing herein shall preclude the Village from maintaining a separate action to prevent or abate or remove violations.

1. Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this Chapter. In case of any violation, the Village Board, the Zoning Administrator or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this Chapter or cause a structure to be vacated or removed.
2. Remedial Action. Whenever an order of the Zoning Administrator has not been complied with within thirty (30) days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Village Board, the Zoning Administrator or the Village Attorney may institute appropriate legal action or proceedings.
3. Penalties. Any person, firm or corporation who fails to comply with the provisions of this Chapter or any order of the Zoning Administrator issued in accordance with this Chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Section 1-1-6 of this Code of Ordinances.

1. Purpose. In order to conserve and promote the public health, safety, convenience and general welfare, there is hereby adopted and established the Official Map of the Village of Marshall, Dane County, Wisconsin, consisting of two (2) sheets; said maps cover the area of the Village and the surrounding area over which the Village has extraterritorial jurisdiction in accordance with Section 62.23(6), Wis. Stats. It is the further purpose of the Official Map to show the width and location of streets, highways and parkways in order to promote the efficient and economical development of the Village of Marshall.
2. Certified Copies. A certified copy of the Official Map shall be adopted and approved with the text as a part of this Section; shall bear upon its face the attestation of the Village President and Village Clerk; and shall be available to the public in the office of the Village Clerk. Changes thereafter to the Official Map shall not be effective until entered and attested on this certified copy.
3. Certificate to be Filed With Register of Deeds. Immediately upon the adoption of this Section, the Village Clerk-Treasurer shall file with the Register of Deeds of Dane County a certificate showing that the Village of Marshall has established the Official Map as described on a map entitled "Official Map" and shall do likewise as to any change or addition.
4. Authority of the Plan Commission. The Village Plan Commission, when passing upon a land subdivision plat referred to it by the Village Board, shall not recommend such plat for approval unless it conforms to the Official Map.
5. Building Permit, Plat of Survey. For the purpose of preserving the integrity of the Official Map, no permit shall hereafter be issued for any building in the right-of-way of any street, highway or parkway shown or laid out on such map, except as provided in paragraphs (d) or (g) in Subsection (6) of Sec. 62.23, Wis. Stats. The proper official authorized by the Village Board to issue building permits shall require each applicant to submit a Plat of Survey, certified by a qualified surveyor, for approval. Such plat shall accurately show the location of any proposed building with reference to any street as shown on the Official Map.
6. Changes and Amendments. The Village Board, whenever and as often as it may deem for the public interest, may change or add to the Official Map of the Village in conformity with the provisions contained in paragraph (b), Subsection (6) of Sec. 62.23, Wis. Stats.

The following fees shall be applicable under this Chapter:

1. One- and two-family residential dwellings: $ 65.00
2. Residential additions and alterations: $ 40.00
3. Commercial uses: $125.00
4. Commercial addition/alteration: $ 85.00
5. Residential accessory buildings: $ 25.00
6. Signs: $20.00 for the first twenty (20) square feet 50¢ per square foot thereafter
7. Change in use/occupancy: 25.00
8. Other (fence, deck, pool): $ 25.00

1. In reviewing and acting upon any proposal or request that goes before the Plan Commission, Board of Appeals, or the Village Board, the Village may retain the services of professional consultants, including but not limited to planners, engineers, architects, attorneys, environmental specialists or recreation specialists. The Village may require that the person making the proposal or request pay for such professional review services. The Village may delay acceptance or action upon the proposal or request until such fees are paid by the person making such proposal or request.
2. The submission of a proposal or request that goes before the Plan Commission, Board of Appeals or the Village Board shall be deemed an agreement to pay for such professional review services as may be applicable to the proposal or request. The person proposing the proposal or request may be required to execute a written agreement as to payment for such professional review services, using a form providing by the Village Clerk-Treasurer, prior to processing of the proposal or request by the Village.

(Rev. 8/94)