Merton Village City Zoning Code
ARTICLE VII
Administration, Organization, and Enforcement
§ 250-50 Building permit.
A.
Required. No building or other structure shall be erected, structurally altered, or moved from one location to another in this Village unless a building permit shall first be secured from the Building Inspector, certifying that such building complies with the provisions of Chapter 92, Building Construction, of this Code.
B.
Application. An application for a building permit shall be made to the Building Inspector and shall be in conformity with the requirements of Chapter 92, Building Construction, of this Code.
C.
Issuance. No building permit shall be issued by the Village until a zoning permit has been issued.
§ 250-51 Zoning review permits and occupancy/use permits.
A.
Permits required.
(1)
Zoning and occupancy/use permit. No vacant land shall be occupied or used except for agricultural purposes; and no building or premises shall be erected, altered, or moved, or changed in use; and no nonconforming use shall be maintained, renewed, changed, or extended until zoning and occupancy/use permits have been issued by the Zoning Administrator. Such permit shall show that the building or premises or part thereof is in compliance with the provisions of this chapter.
(2)
Certificate of compliance. No land within the floodplain districts shall be developed, occupied or used and no structure hereafter erected, altered, or moved shall be occupied until the applicant submits to the Zoning Administrator a certification by a registered professional engineer or land surveyor that the floodland regulations set forth in this chapter have been fully complied with. Such certification shall include the lowest floor elevation of any structure erected on the site.
B.
Applications. Such permits shall be applied for from the Zoning Administrator. Application shall be made prior to or at the same time as the application for a building permit, and shall be prepared in duplicate and shall include, for the purpose of proper enforcement of this chapter, the following:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, and/or contractor.
(2)
Description of the subject site by lot, block, and recorded subdivision, certified survey map, 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 professional land surveyor or a location sketch drawn to scale, showing the location, boundaries, dimensions, elevations, uses, and size of the following:
(a)
Subject site.
(b)
Existing and proposed structures.
(c)
Existing and proposed easements, streets, and other public ways.
(d)
Off-street parking, loading areas, and driveways.
(e)
Existing highway access restrictions.
(f)
Existing and proposed street, side, and rear yard.
(g)
The high-water line of any stream or lake on which the property abuts.
(h)
The location of any existing and/or proposed septic system and well, including those within 50 feet of the property lines.
(i)
The location and results of any percolation tests and soil borings on the individual property.
In addition, the plat of survey shall show the location, elevations, zoning and use of any abutting lands and their structures within 40 feet of the subject site.
(4)
Where the use involves human occupancy and the structure will not be connected to an approved municipal sewerage system, a plan of the proposed sewage disposal system shall be provided. The Building Inspector shall certify that it conforms to all Village and county ordinances and other governmental laws or regulations then applicable to sewage disposal systems, including, but not limited to, the design requirements necessary for issuance of a Waukesha County Sanitary Permit.
(5)
Satisfactory evidence that a safe and adequate supply of water is to be provided and the location of any well for that purpose on the property.
(6)
A fee shall be paid by all persons, firms, or corporations. The fee for a zoning review permit shall be $50 and, for an occupancy/use permit, shall be paid in accordance with the Village Fee Schedule. Such fees shall be payable to the Village Treasurer and are to defray costs incurred by the Village for administration, investigation, and processing of such applications.
(7)
Additional information as may be required by the Zoning Administrator or Plan Commission.
C.
Issuance. Zoning and occupancy/use permits shall be issued by the Zoning Administrator after adequate investigation as to compliance or upon recommendation of the deputy, where he has made the necessary investigation.
(1)
Zoning permit. Provided the application is in order and any building, occupancy or use as proposed would be in compliance with the provisions of this chapter, a zoning permit shall be issued upon such application, and a certification that such permit has been issued shall be posted in a prominent place on the premises during the period of any construction or other activity involved in readying the land or buildings for use occupancy.
(2)
Occupancy/use permit. Within 10 days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the Zoning Administrator shall make an inspection of the premises and any buildings thereon, and if such building, use or occupancy complies with the requirements of this chapter, an occupancy/use permit shall be issued.
D.
Expiration. If within six months of the date of issuance of a zoning permit the proposed construction or preparation of land for use has not commenced, or if within 18 months an occupancy/use permit has not been issued, said zoning permit shall expire. Upon showing of valid cause, the Zoning Administrator may grant an extension of such permit for a period not to exceed six months.
E.
Temporary occupancy/use permit. Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed, according to the judgment of the Zoning Administrator.
§ 250-52 Conditional uses.
A.
Approval required. Certain uses and situations which are of a special nature, or are so dependent upon actual contemporary circumstances as to make impractical the predetermination of permissibility or the detailing in this chapter of specific standards, regulations, or conditions which would permit such determination in each individual situation, may be permitted as conditional uses in districts, subject to such requirements as specified for each situation.
B.
Application. Applications for conditional use permits shall be made in duplicate to the Village Clerk on forms furnished by the Clerk and shall include the following, where pertinent and necessary for proper review by the Plan Commission:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, and/or contractor.
(2)
Description of the subject site by lot, block, and recorded subdivision or certified survey map 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 zoning district within which the subject site lies.
(3)
Plat of survey prepared by a professional land surveyor or a location sketch drawn to scale, showing the location, boundaries, dimensions, elevations, uses and size of the following:
(a)
Subject site.
(b)
Existing and proposed structures.
(c)
Existing and proposed easements, streets, and other public ways.
(d)
Off-street parking, loading areas, and driveways.
(e)
Existing highway access restrictions.
(f)
Existing and proposed street, side, and rear yards.
(g)
The high-water line of any stream or lake on which the property abuts.
(h)
The location of any existing and/or proposed septic system and well, including those within 50 feet of the property lines.
(i)
The location and results of any percolation tests and soil borings on the individual property.
In addition, the plat of survey shall show the location, elevations, zoning and use of any abutting lands and their structures within 40 feet of the subject site.
(4)
The names and addresses of all owners of property within 300 feet of any part of the land included in the proposed change.
(5)
Additional information as may be required by the Plan Commission.
(6)
A fee of $200, payable to the Village Treasurer, to defray the cost incurred by the Village for official notification of public hearing, investigation, and processing.
C.
Public hearing. Upon receipt of the application, the foregoing data and fees, the Clerk shall establish a date for a public hearing by the Plan Commission and shall publish a notice of said hearing once each week for two consecutive weeks in a newspaper of general circulation in the area of the proposed conditional use. Notice of public hearing shall be mailed by certified mail to all property owners within 300 feet of any part of the land included in the conditional use at least 10 days before such public hearing is held. A copy of the application and other pertinent data shall be transmitted to the Plan Commission at least 10 days prior to the date of the public hearing. Testimony of all interested parties will be recorded in the minutes of the hearing, and the Plan Commission will subsequently formulate the conditions to be placed upon the proposed use. The Plan Commission shall, within 60 days from the date of the hearing, take action to approve or disapprove the application and attach any conditions as deemed necessary.
D.
Final review and approval. Any conditions deemed necessary by the Plan Commission shall be made an integral part of the permit. These conditions shall be complied with by the applicant, and any deviation or alteration of those conditions set forth in the permit shall constitute a violation of the terms of the conditional use permit. Such violation shall constitute a violation of this chapter and will be subject to prosecution and penalties under the terms of this chapter.
E.
Application for change of conditional use permit. If any holder of a conditional use permit wishes to extend or alter the terms of said permit, he must apply for such extension or alteration through the procedure of application for conditional use permits detailed herein.
F.
Expiration of conditional use status.
(1)
Conditional use status will terminate when, after public hearing, the Plan Commission determines any of the following:
(a)
The conditional use has not continued in conformity with the conditions of the permit.
(b)
A change in the character of the surrounding area or in the conditional use itself causes such use to be no longer compatible with surrounding uses.
(c)
The conditional use has been discontinued for a period of 12 consecutive months or, in a three-year period, 18 cumulative months. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (for example, summer camps, snowmobile courses, ski area, marinas, etc.).
(2)
Upon such determination, the owner of the premises shall be required to bring all such land and buildings into conformity with the district regulations of the district in which such former conditional use is located and all other provisions of this chapter within 90 days from such determination. The Commission may, based upon the evidence at said hearing, waive strict restoration requirements if such restoration would cause a hardship to the property owner.
G.
Conditional uses permitted. Subject to the foregoing, the conditional uses specified for each district in §§ 250-12 through 250-23 may be permitted by the Plan Commission after review and public hearing. Conditional uses in the C-1 Wetland Conservancy Overlay District are also subject to the provisions in § 250-52H, which follows.
H.
Notice to DNR. The Village Plan Commission shall transmit a copy of each application for a conditional use in the C-1 Wetland Conservancy Overlay District to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to the public hearing at which the matter is to be considered. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses in the wetland and floodland districts shall be transmitted to the DNR within 10 days of the effective date of such decision.
§ 250-53 Prior permit.
A.
Construction permitted. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter and the construction of which shall have been substantially started within six months from the date of such permit.
B.
Subsequently nonconforming. Any such use that does not conform to the use regulations of the district in which it is located, subsequently shall be considered a legal nonconforming use.
§ 250-54 Board of Zoning Appeals.
A.
Establishment. There is hereby established a Board of Zoning Appeals for the Village of Merton to hear appeals and applications and to grant variances and exceptions to the provisions of this chapter in harmony with the general purpose and intention of this chapter.
B.
Membership. The Board of Zoning Appeals shall consist of five members appointed by the Village President and confirmed by the Village Board.
(1)
Compensation shall be as set by the Village Board in its yearly appropriations ordinance.
(2)
Terms shall be for staggered three-year periods.
(3)
The Chairman shall be designated by the Village President.
(4)
One member shall be a Village Plan Commissioner.
(5)
Two alternate members shall be appointed by the Village President for three-year terms. An alternate member shall only vote when a regular member is absent or refuses to vote because of conflict.
(6)
Vacancies shall be filled for the unexpired term in the same manner as appointments for the full term.
(7)
The Secretary for the Board shall be the Village Clerk.
(8)
The Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
C.
Procedure.
(1)
The Board of Zoning Appeals shall organize and adopt rules for its own government in accordance with the provisions of this chapter.
(2)
Meetings shall be held at the call of the Chairman and shall be open to the public.
(3)
Minutes shall be kept by the Secretary, showing the vote of each member upon each question, the reasons for the Board's determination, and its findings of fact. The minutes shall be filed in the office of the Secretary and shall be a public record.
(4)
A concurring vote of four members of the Board shall be necessary to reverse any requirement, permit a substitution, or grant a variance to this chapter.
D.
Powers. The Board of Zoning Appeals shall have the following powers:
(1)
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator.
(2)
Substitutions. To hear and decide applications for substitutions of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
(3)
Variances. To hear and decide appeals for variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.
(4)
Permits. This Board may reverse, affirm, wholly or partly, and may modify the requirements appealed from, and may issue or direct the issuance of a permit.
(5)
Interpretation. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts.
(6)
Unclassified uses. To hear and decide applications to allow unclassified and unspecified uses, provided that such uses are similar in character to uses permitted in the district.
(7)
Assistance. This Board may request assistance from other Village officers, departments, commissions, and boards.
(8)
Oaths. The Chairman may administer oaths and compel the attendance of witnesses.
E.
Appeals and applications.
(1)
Appeals from the decision of the Zoning Administrator concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the Village. Appeals shall be filed with the Secretary within 30 days of the date of the written decision or order of the Zoning Administrator. Applications for interpretation, substitution or unclassified use may be made by the owner or lessee of the structure, land, or water to be affected and shall be filed with the Secretary. Such appeals and applications shall include the following:
(a)
Name and address of the appellant or applicant and all abutting and opposite property owners of record.
(b)
Plat of survey prepared by a professional land surveyor or a location sketch drawn to scale, showing all of the information required under § 250-51B(3) of this chapter.
(c)
Specify the grounds for appeal or application.
(d)
A receipt from the Village Treasurer indicating that the required fee of $200 has been paid.
(e)
Additional information as required by the Village Plan Commission, Board of Zoning Appeals, or Zoning Administrator.
(2)
An appeal stays all legal proceedings in furtherance of the action except by the certification of the officer or a restraining order by the Board or the court of record.
F.
Hearing. The Board of Zoning Appeals shall fix a reasonable time and place for the hearing, give public notice thereof at least 10 days prior and shall give due notice to the parties in interest, including the Village Attorney and the Village Plan Commission. At the hearing the appellant or applicant may appear in person, by agent, or by attorney.
G.
Notice to DNR. The Board of Zoning Appeals shall transmit a copy of each application for a variance to conservancy regulations in the C-1 Wetland Conservancy Overlay District and a copy of all wetland and floodland appeals to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variance to wetland regulations or to floodland regulations, and a copy of all decisions to wetland and floodland appeals, shall be transmitted to the DNR within 10 days of the date of such decision.
H.
Variance findings. No variance to the provisions of this chapter shall be granted by the Board unless it finds by a preponderance of the evidence that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1)
Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying that do not apply generally to other properties in the same district, and the granting of the variance should not be of so general or recurrent nature as to suggest that the Zoning Ordinance should be changed.
(2)
Preservation of property rights. The variance must be necessary in order to allow the property owner to preserve and enjoy substantial property rights that are possessed by other properties in the same district and same vicinity.
(3)
Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
(4)
Preservation of intent. No variance shall be granted that is inconsistent with the purpose and intent of the regulations for the district in which the development is located.
(5)
Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
I.
Unclassified use interpretations.
(1)
Need and authority for unclassified use interpretations. Where a proposed unclassified or unspecified use is similar in character to a permitted or conditional use in a given district the Board of Zoning Appeals is authorized to make unclassified use interpretations. The standards contained in this section shall guide unclassified use interpretations.
(2)
Standards for unclassified use interpretations.
(a)
No unclassified use interpretation shall permit any use in any zoning district unless evidence shall be presented demonstrating that it will comply with all applicable use standards and all other applicable requirements and standards of this chapter.
(b)
If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is proposed to be located, then any unclassified use interpretation permitting that use shall require a conditional use permit.
(3)
Additional considerations used in making unclassified use interpretations. The following additional considerations shall be used to determine what category a use is in and whether the activities are to be considered principal or accessory uses:
(a)
The similarity of the proposed or projected use or activity to already-permitted uses and activities.
(b)
The relative amount of site area or floor space and equipment devoted to the activity.
(c)
Relative amounts of sales from each activity.
(d)
The type of customer for each activity.
(e)
The relative number of employees in each activity.
(f)
Hours of operation.
(g)
Building and site arrangement.
(h)
Vehicles used in the activity.
(i)
The relative number of vehicle trips generated by the use or activity.
(j)
Signage.
(k)
How the use or activity advertises itself.
(l)
Whether the use or activity is likely to be found independent of the other uses or activities on the site.
J.
Wetland mapping disputes.
(1)
Wetland disputes. Whenever the Board of Zoning Appeals is asked to interpret a C-1 Wetland Conservancy Overlay District boundary where an apparent discrepancy exists between the Village's Zoning Map and actual field conditions, the Village shall contact the Wisconsin Department of Natural Resources (DNR) to determine if the wetland inventory map is in error. If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the Board of Zoning Appeals shall direct the Village Plan Commission to initiate appropriate action to rezone the property within a reasonable amount of time.
K.
Decision. The Board of Zoning Appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant, Zoning Administrator, Plan Commission and Village Board.
L.
Review by court of record. Any person or persons aggrieved by any decision of the Board of Zoning Appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Zoning Appeals.
§ 250-55 Plan Commission.
A.
Creation. A Village Plan Commission is hereby established to consist of the Village President, who shall be its presiding officer, a Village Trustee and three citizens, and until such time as the Village has a Village Engineer or Park Board, two additional citizen members, so that the Board has at all times seven members. Citizen members shall be persons of recognized experience and qualifications. They may receive compensation for services on the Commission. The Village Trustee member of the Commission shall be elected by the Village Board upon the creation of the Commission and during each April thereafter. The three citizen members shall be appointed by the Village President, subject to confirmation by the Village Board, upon the creation of the Commission, to hold office for a period ending one, two, and three years, respectively, from the succeeding first day of May; and thereafter, annually during April, one such member shall be appointed for a term of three years. The additional citizen members, if any, shall be appointed by the Village President and confirmed by the Village Board to hold office for a period ending one year from the succeeding first day of May, and thereafter annually during the month of April. Whenever a Park Board is created or a Village Engineer appointed, the president of such board shall succeed to a place on the said Commission or such engineer shall succeed to a place on the said Commission when the term of an additional citizen member shall expire.
B.
Expenses. The Plan Commission shall have power and authority to employ experts and a staff, and to pay their wages and such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made for such Commission by the Village Board or placed at its disposal through gift, and subject to any ordinance or resolution enacted by the Village Board.
C.
Rules of procedure. The Plan Commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.
D.
Master plan. It shall be the function and duty of the Commission to make and adopt a master plan and from time to time amend, extend, or add to the master plan as provided in § 62.23(3), Wis. Stats.
E.
Site plan and architectural review.
(1)
Purpose. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall use, erect, construct, alter, or enlarge any structure, other than single-family and two-family dwellings and A-1 agricultural buildings and structures, nor shall any substantial changes be made to any site improvements in any district, without first obtaining the approval of detailed site and architectural plans as set forth in this section. This section shall not apply to interior remodeling work that has no effect on the exterior design or appearance of such building or structure.
(2)
Plan Commission review. The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, loading and unloading, highway access, traffic generation and circulation, drainage, sewerage and water systems, other utilities, utilization of landscaping and open space, and the proposed operation.
(3)
Standard of review. In determining whether to approve site and architectural plans for new structures, uses and changes or additions to existing structures and uses, the Plan Commission shall consider the following:
(a)
Whether the design or exterior appearance of the structure is compatible with its surroundings or is of such unorthodox or abnormal character in relationship to its surroundings as to be unsightly or offensive with the surrounding area.
(b)
Whether the design or exterior appearance of the structure is identical with those adjoining as to create excessive monotony or drabness.
(c)
Whether any exposed facade of the structure is constructed or faced with a finished material which is aesthetically incompatible with the other facades or presents an unattractive appearance to the public and to surrounding properties.
(d)
Whether the structure or use would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
(e)
Whether the structure and use would have a negative impact on the maintenance of safe and healthful conditions in the Village.
(f)
Whether the structure and use shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical. The Plan Commission may require that drainage easements be executed. Property owners shall comply with existing subdivision or development grading plans.
(g)
Whether there shall be adequate provision for safe traffic circulation and safe driveway locations. In considering the location of driveways, the Commission shall consider those factors set forth elsewhere in the Code.
(h)
Whether there shall be adequate provision for parking and loading areas.
(i)
Whether lighting shall be installed in accordance with all applicable ordinances.
(j)
Whether there shall be adequate provision for public services.
(k)
Whether the structure and uses shall make appropriate use of open spaces and shall provide appropriate landscaping and planting screens.
(l)
Whether appropriate erosion control measures are being utilized.
(4)
Sureties. The Plan Commission may impose time schedules for the completion of buildings, parking areas, open space utilization, and landscaping. The Plan Commission may require appropriate sureties to guarantee that improvements will be completed on schedule.
(5)
Appeals. Any person or persons aggrieved by any decisions of the Plan Commission or Building Inspector related to plan review may appeal the decision to the Board of Zoning Appeals. Such appeal shall be filed with the Zoning Administrator within 20 days after the decision.
F.
Additional matters to be referred to the Village Plan Commission. In addition to matters specifically required by the chapter to be referred to the Village Plan Commission, the Village Board shall refer to the Plan Commission for its consideration and report, before a final action is taken by it, the following matters:
(1)
The location and architectural design of any public building.
(2)
The location of any statue or other memorial.
(3)
The location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land, or lease of land for any street, alley or other public way, park, playground, area for parking vehicles, or other memorial or public grounds.
(4)
The location, extension, abandonment, or authorization for any public utility, whether publicly or privately owned.
(5)
All plats of land in the Village or within the territory over which the Village is given platting jurisdiction by Ch. 236, Wis. Stats.
(6)
The location, character and extent of acquisition, leasing, or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children.
(8)
Unless such report is made within 30 days, or such longer period as may be stipulated by the Village Board, the Village Board may take final action without it.
H.
Miscellaneous powers of the Commission. The Commission may make reports and recommendations relating to the plan and development of the Village to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. It may recommend to the Village Board programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.
§ 250-56 Changes and amendments.
A.
Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Village Board may, by ordinance, change the district boundaries or amend, change, or supplement the regulations or classifications established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Village Plan Commission.
B.
Initiation. A change or amendment may be initiated by the Village Board, Village Plan Commission or by a verified petition of one or more of the owners or lessees of the property within the area proposed to be changed.
C.
Petitions. For any change to the district boundaries or classifications or amendments to the regulations, petitions shall be submitted to the Village Clerk describing the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and be accompanied by the following information:
(1)
Property owners' names and addresses of all properties lying within 300 feet of the area proposed for change.
(2)
Plot plan drawn to a scale of one-inch equating not more than 100 feet, showing the area to be rezoned, its location and dimension, the location of existing district boundaries, and the location zoning and existing use of all properties within 300 feet of the area.
(3)
The fee for such application shall be $200, payable to the Village Treasurer.
(4)
Proposed use of the area petitioned to be rezoned and any other information required by the Village Plan Commission or Village Board.
D.
Recommendations. The Village Plan Commission shall review and study all amendments and changes and may recommend that the petition be granted as requested, modified, or denied. The recommendation shall be made at a meeting subsequent to the meeting where the petition is first submitted. These recommendations shall be made in writing to the Village Board.
E.
Hearing. The Village Board shall hold a public hearing upon each recommendation giving at least 14 days' notice by Class 2 publication under Ch. 985, Wis. Stats., listing the time, place, and changes or amendments proposed. The Village Board shall also give at least 10 days' written notice to the clerk of any municipality within 1,000 feet of any land included in the change or amendment.
F.
Village Board's action. Following such hearings and after reviewing the Village Plan Commission's recommendation, the Village Board shall vote on the passage of the proposed amendment to the regulations or change to the district boundaries. The Village Board may only overrule the Village Plan Commission's recommendations by a 3/4 vote of the full Village Board membership.
G.
Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed amendment, 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 frontages of such opposite land, such amendments or changes shall not become effective except by the favorable vote of 3/4 of the full Village Board membership.
H.
C-1 Wetland Conservancy Overlay District amendments.
(1)
Notice to DNR. The Village shall transmit a notice of any change (text or map) in the C-1 District to the Wisconsin Department of Natural Resources (DNR). Notice requirements shall be as follows:
(a)
A copy of every petition for a text or map change mailed within five days of filing with the Village Clerk.
(b)
At least 10 days' prior notice of any public hearing on a C-1 zoning amendment.
(c)
Notice of a Village Plan Commission recommendation no later than 10 days following the recommendation.
(d)
Notice of a Village Board decision no later than 10 days following the decision.
(2)
Review standards. No wetland in a C-1 Wetland Conservancy Overlay District shall be rezoned if the rezoning may result in a significant adverse impact on stormwater or floodwater storage capacity; maintenance of dry season stream flow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland; filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery or feeding grounds; wildlife habitat; or areas of special recreational, scenic or scientific interest, including scarce wetland types.
(3)
DNR objections. If the DNR has notified the Village Plan Commission that an amendment to the C-1 Wetland Conservancy Overlay District may have a significant adverse impact upon any of the criteria listed in Subsection H(2) above, that amendment, if approved by the Village Board, shall contain the following provision:
"This amendment shall not take effect until more than 30 days have elapsed since written notice of the Village Board's approval of this amendment was mailed to the Department of Natural Resources. During that thirty-day period, the Department of Natural Resources may notify the Village Board that it will adopt a superseding shoreland ordinance for the Village pursuant to § 61.351, Wis. Stats. If the Department does so notify the Village Board, the effect of this amendment shall be stayed until the § 61.351, Wis. Stats., adoption procedure is completed or otherwise terminated."
§ 250-57 Public hearings.
A.
Notice. In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provision of this chapter stating the time and place of such hearing and the purpose for which the hearing is being held.
B.
Procedure.
(1)
Posting and publishing.
(a)
Except as may be otherwise herein specifically, provided, notice of public hearing shall be given by posting pursuant to § 985.02(2), Wis. Stats.
(b)
When the hearing involves a proposed change in the zoning district classification of any property or the granting of a conditional use, one of the notices shall be posted in the vicinity of such proposed change or conditional use where practical, and notice of the public hearing shall be mailed by certified mail to the owners of all lands within 300 feet of any part of the land included in such proposed change or conditional use at least 10 days before such public hearing. The failure of such notice to reach any property owner, provided such failure not be intentional, shall not invalidate any amending ordinance or grant of conditional use.
(2)
Petitions not involving amendment. Where a hearing is required by the provisions of this chapter for a matter not involving an amendment to this chapter, such petition shall be presented in writing to the Village Clerk and shall be accompanied, in addition to the data required under this chapter, by a fee of $50 payable to the Village to defray the cost of notification and holding of a public hearing.
§ 250-58 Zoning Administrator.
[Amended 11-6-2025 by Ord. No. 226]
A.
Designation. The Village Board shall appoint a Village Zoning Administrator for the administration and enforcement of the provisions of this chapter.
B.
Duties. In the administration and enforcement of this chapter, the Zoning Administrator shall perform the following duties:
(1)
Accept and issue the necessary zoning permits, provided the provisions of this chapter and of any applicable zoning codes have been complied with, and make or cause to be made the necessary inspections.
(2)
Maintain records of all zoning permits issued, zoning inspections made, work approved, and other official actions.
(3)
Prohibit the use or erection of any structure, land or water until he/ she has inspected and confirms such use confirms with this Zoning Code.
(4)
Make available to the public, to the fullest extent possible, all reports and documents concerning the Village's Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed.
C.
Authority. In the enforcement of this chapter, the Zoning Administrator shall have the power and authority for the following:
(1)
Upon reasonable cause or question as to proper compliance, to revoke any zoning permit and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this chapter; such revocation to be in effect until reinstated by the Zoning Administrator or the Board of Zoning Appeals.
(2)
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters; give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney in a manner specified by him.
(3)
Be permitted access to premises and structures during reasonable hours to make inspections to ensure compliance with this chapter. The Zoning Administrator may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats., if refused entry.
(4)
In the name of the Village (and with authorization of the Village Board), commence any legal proceedings necessary to enforce the provisions of this chapter, including the collection of forfeitures provided for herein.
§ 250-59 Violations and penalties.
[Amended 11-6-2025 by Ord. No. 226]
A.
Penalties. Any person, firm, company, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists the enforcement of any of the provisions of this chapter or any lawful cease or desist order, sometimes referred to as a "stop order," issued by the Zoning Administrator shall be subject to a fine of not less than $100 and not to exceed the sum of $500 for each offense, together with the costs of action, and in default of the payment thereof shall be imprisoned in the County Jail of Waukesha County for a period not to exceed six months or until such fine and the subsequent costs have been paid. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.
B.
Enforcement by injunction. Compliance with the provisions of this chapter may also be enforced by an injunction order at the suit of the Village or one or more owners of real estate situated within an area affected by the regulations of this chapter. It shall not be necessary to prosecute for fine or imprisonment before resorting to injunction proceedings.
C.
Declared nuisances. Any building erected, structurally altered, or placed on a lot, or any use carried on in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the Village may apply to any court of competent jurisdiction to restrain or abate such nuisance.