(1)

CREATION. (Rep. & recr. #131)

(a)

Composition. The Village Plan Commission shall consist of 7 members, all of whom shall be residents of the Village.

(b)

Membership.

(1)

The Village President shall serve as presiding officer of the Commission and one trustee, to be selected by the Village Board, shall serve as a member.

(2)

Three citizen members shall be appointed by the Village President to serve for a term of 3 years beginning on May 1 of each year.

(3)

Until such time as the Village shall establish a Park Board (when the chairman thereof shall serve as a member of the Plan Commission) 2 additional citizen members shall be appointed to serve for terms of one year beginning on May 1 of each year.

(2)

EXPENSES. The Village Planning Commission shall have power and authority to employ experts, staff and to pay their wages and such other expenses as may be necessary and proper, not exceeding 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.

(3)

RULES OF PROCEDURE.

(a)

The commission may adopt rules for the transaction of determinations, which shall be a public record.

(b)

(Rep. #121)

(4)

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(2), Wis. Stats.

(5)

MISCELLANEOUS POWERS OF THE COMMISSION.

(a)

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 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.

(b)

The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations, surveys and place and maintain such powers as may be necessary to enable it to perform its function and promote municipal planning.

(c)

(Cr. #165) The Commission may grant a special exception to the requirements of subsection 17.20(5)(b) of this Code, to allow two abutting lots to share one driveway, with a driveway centered upon the lot line which separates the two lots at the point where the driveway intersects the road right-of-way, subject to all of the following requirements:

(1)

This special exception may only be granted if the Commission finds that the property owner has demonstrated good cause for the special exception, based upon unique circumstances affecting the particular land at issue, and in order to preserve the public health, safety and welfare and good planning within the Village of Nashotah.

(2)

The Commission shall not grant a special exception if the sole reason for the request is to increase the number of lots that can be created from an existing parcel. This subsection does not prohibit, however, the grant of a special exception for shared driveway access for newly created lots, if the same number of lots could have been created without the shared driveway access in compliance with this Code.

(3)

If approved, the shared driveway access shall be subject to the abutting property owners entering a shared access easement agreement in a form approved by the Village of Nashotah Village Attorney, and further is subject to such shared access easement agreement being recorded in the Office of the Waukesha County Register of Deeds against each parcel that is subject to the shared access easement agreement.

(6)

MATTERS REFERRED TO VILLAGE PLANNING COMMISSION. In addition to matters specifically required by this chapter to be referred to the Village Plan Commission, the Village Board shall refer to the Planning Commission for its consideration and report, before a final action is taken by it, the following matters: the location and architectural design of any public building; the location of any statue or other memorial; 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; the location, extension, abandonment or authorization for any public utility, whether publicly or privately owned; all plats of land in the Village or within the territory over which the Village is given platting jurisdiction by Ch. 236, Wis. Stats, the location, character and extent of acquisition, leasing or sale of lands for public or semi-public housing, slum clearance, relief of congestion or vacation camps for children; and the amendment or repeal of any ordinance adopted pursuant to §62.23, Wis. Stats. 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.

(1)

DESIGNATION. The Village Planning Commission may designate a member of its staff or the Village Building Inspector, a Zoning Administrator for the administration and enforcement of the provisions of this chapter under its direction. If a Zoning Administrator is not designated, the Planning Commission may assign other Village personnel to perform the duties and possess the powers and authority of the Zoning Administrator.

(2)

DUTIES. In the administration and enforcement of this chapter, the Zoning Administrator shall perform the following duties:

(a)

Accept and issue the necessary zoning, occupancy and use permits issued.

(b)

Keep an accurate record of all zoning, occupancy and use permits issued.

(c)

Keep accurate records and maps of this chapter and any amendments or changes.

(d)

See also §§17.28(3) and 17.88(5).

(3)

AUTHORITY. In the enforcement of this chapter the Zoning Administrator shall have the power and authority for the following:

(a)

Upon reasonable cause or question as to proper compliance, to revoke any zoning, occupancy or use 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 Zoning Board of Appeals.

(b)

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.

(1)

DESIGNATION. The Building Inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter under the direction of the Plan Commission.

(2)

DUTIES. In the administration and enforcement of this chapter, the Building Inspector shall perform the following duties:

(a)

Issue, where appropriate, building and occupancy permits and make or cause to be made the necessary inspections.

(b)

Keep an accurate record of all building and occupancy permits issued and of all documents upon which the same are based and review conditional uses annually.

(3)

AUTHORITY. In the enforcement of this chapter, the Building Inspector shall have power and authority for the following:

(a)

At any reasonable time, under reasonable circumstances and for any proper purposes of his office, to enter upon any public or private premises and make inspection thereof.

(b)

Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy 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 Building Inspector or the Board of Appeals.

(c)

In the name of the Village and with the authorization of the Village Board and advice of the Village Attorney, commences any legal proceedings necessary to enforce the provisions of this chapter, including the collection of forfeitures provided for herein.

(4)

COMPENSATION OF BUILDING INSPECTOR. The Building Inspector shall receive compensation for his duties and necessary expenses incurred, such salary and expense allowances as may be fixed by the Village Board.

(1)

ESTABLISHMENT. There is hereby established a Zoning Board of Appeals for the Village for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter.

(2)

MEMBERSHIP.

(a)

The Zoning Board of Appeals shall consist of 5 members appointed by the Village President and confirmed by the Village Board.

(b)

Terms shall be for staggered 3 year periods.

(c)

Chairman shall be designated by the Village President.

(d)

An alternate member may be appointed by the Village President for a term of 3 years and shall act only when a regular member is absent or refuses to vote because of interest.

(e)

One member shall be a Village Plan Commissioner.

(f)

Secretary shall be the Village Clerk.

(g)

Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Board.

(h)

Official oaths shall be taken by all members in accordance with §19.01, Wis. Stats. within 10 days of receiving notice of their appointment.

(i)

Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(3)

ORGANIZATION.

(a)

The Zoning Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

(b)

Meetings shall be held at the call of the Chairman and shall be open to the public.

(c)

Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question, the reasons for the Board's determination and its finding of facts. These records shall be immediately filed in the office of the Board and shall be a public record.

(d)

The concurring vote of 4 members of the Board shall be necessary to correct an error, grant a variance, make an interpretation and permit a utility temporary, unclassified or substituted use.

(4)

POWERS. The Zoning Board of Appeals shall have the following powers as required by Ch. 62.23(7)(e), Wis. Stats.

(a)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Inspector.

(b)

Variances. To hear and grant 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 ordinance shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(c)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Village Plan Commission has made a review and recommendation.

(d)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the Village Plan Commission has made a review and recommendation. Whenever the Board permits such a substitution, the use may not be changed without application.

(e)

Unclassified Uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district and the Village Plan Commission has made a review and recommendation.

(f)

Temporary Uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the Village Plan Commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any conditions required by the Board of Zoning Appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

(g)

Permits. The Board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issuance of a permit.

(h)

Cooperation with Plan Commission. The Board shall send copies to the Planning Commission of any appeal for a variance or temporary use permit before the appeal is heard by the Board and shall call upon the Planning Commission for such information as is pertinent to the matter under consideration.

(i)

Assistance. The Board may request assistance from other Village officers, departments, commissions and boards.

(j)

Oaths. The Chairman may administer oaths and compel the attendance of witnesses.

(5)

APPEALS AND APPLICATIONS. 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. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the Zoning Administrator. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time 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 parties in interest.

(b)

Plat of survey prepared by a registered land surveyor or a location sketch drawn to scale showing all of the information required under §17.30 for a zoning permit.

(c)

Additional information required by the Village Plan Commission, Village Engineer, Zoning Board of Appeals or Zoning Inspector.

(d)

An appeal shall stay all rights, privileges or proceedings pursuant to the action appealed from, unless the officer from whose decision the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which 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 in due cause shown.

(6)

HEARINGS. The Zoning Board of Appeals shall fix a reasonable time and place for the required public hearing and shall give notice as specified in §17.90 of this chapter. At the hearing the appellant or applicant may appear in person, by agent or by attorney.

(7)

FINDINGS. No variance to the provisions of this chapter shall be granted by the Board unless it finds beyond a reasonable doubt that all of the following facts and conditions exist and so indicates in the minutes of its proceedings.

(a)

Preservation of Intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use or conditional use in that particular district.

(b)

Exceptional Circumstances. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties of uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the Zoning Ordinance should be changed.

(c)

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.

(d)

Preservation of Property Rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(e)

Absence of Detriment. No variance shall be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(8)

DECISION. The Zoning Board of Appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant, Zoning Administrator and Village Plan Commission.

(a)

Conditions may be placed upon any zoning permit ordered or authorized by this Board.

(b)

Variances, substitutions or use permits granted by the Board shall expire within 6 months unless substantial work has commenced pursuant to such grant.

(9)

VARIANCE FOR NONCONFORMING LOTS OF RECORD. No building use or occupancy permit shall be issued with respect to any nonconforming lot of record which cannot meet the open space, setback and yard requirements of the district in which it is located without a variance from the Board of Appeals. The following conditions must be met:

(a)

On or after the effective date of this chapter, no owner of the tract in question owning lands contiguous to the tract in question since divided into separate ownership from the tract in question.

(b)

The applicant for variance has attempted by offering in good faith to purchase at a fair cash price, to acquire or minimize the degree of variance unless such offer, if made, would obviously be useless or unavailing.

(c)

It is impractical from an engineering standpoint as distinguished from a financial standpoint to so replan or relocate the proposed building, use or occupancy as to reduce or eliminate the degree of nonconformity.

(10)

VARIANCE FOR MINIMUM LOT SIZE, OPEN SPACE AND SETBACK AND YARD REQUIREMENTS. No building, use or occupancy permit shall be issued with respect to any lot of record which cannot meet the minimum lot size, open space and setback and yard requirements of the district in which it is located without a variance from the Board of Appeals. The following conditions must be met:

(a)

On or after the effective date of this chapter, no owner of the tract in question owning lands contiguous to the tract in question since divided into separate ownership from the tract in question.

(b)

The applicant for variance has attempted by offering in good faith to purchase at a fair cash price to acquire or minimize the degree of variance unless such offer, if made, would obviously be useless or unavailing.

(c)

It is impractical, from an engineering standpoint as distinguished from a financial standpoint to so replan or relocate the proposed building, use or occupancy as to reduce or eliminate the degree of nonconformity.

(11)

REVIEW BY COURT OF RECORD. Any person or persons aggrieved by any decision of the Zoning Board of 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 Zoning Board of Appeals.

(1)

AUTHORITY. Whenever the public necessity, general welfare or good zoning practice requires, the Village Board may by ordinance change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereof. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.

(2)

INITIATION. A change or amendment may be initiated by the Village Board, Plan Commission or by a petition of one or more of the owners or lessees of the property within the area proposed to be changed.

(3)

FILING OF PETITIONS. (Am. #212) Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village Clerk. The petition shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed uses and have attached the following:

(a)

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning district and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.

(b)

Names and addresses of all parties in interest.

(c)

Additional information required by the Plan Commission of Village Board.

(d)

A fee as established in §17.91(1) of this chapter.

(4)

REFERRAL AND REVIEW BY THE PLAN COMMISSION. The Village Clerk shall transmit without delay one copy of such petition to the Village Board and Plan Commission. The Plan Commission shall review all proposed changes and amendments and shall conduct the necessary investigation and informal hearing where deemed desirable.

(5)

RECOMMENDATION. Based upon its review and findings, the Plan Commission shall recommend to the Village Board that the petition be granted as requested, modified or denied. The recommendation shall be made in writing to the Village Board and shall be made within 60 days of the date of the Plan Commission meeting when the petition was initially received.

(6)

HEARINGS. Upon receipt of the report of the Plan Commission, the Village Board shall hold a public hearing upon each petition giving public notice as specified in §17.90 of this chapter, listing the time, place and the changes of amendments proposed. The Village Board shall also give at least 10 days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(7)

VILLAGE BOARD'S ACTION. The Village Board may adopt the action recommended by such Commission, or with amendments, or it may reject the action recommended by the Plan Commission, in which case it shall refer the matter to the Plan Commission with directions to recommend action to effectuate the Village Board's determination and report the same back to the Village Board.

(8)

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 change, or by the owners of 20% or more of the land immediately adjacent extending 100' therefrom, or by the owners of 20% or more of land directly opposite thereto extending 100' from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of ¾ of the full Village Board membership. A protest shall be filed with the Village Clerk at least 24 hours prior to the date of the meeting of the Village Board when the proposed change is to be considered.

Notice of any public hearing which the Village Board, Plan Commission or Zoning Board of Appeals is required to hold under the terms of this chapter shall specify the date, time and place of hearing and the matter to be presented at the hearing. Pursuant to Ch. 985, Wis. Stats., the notice shall be published as a Class 2 Notice.

(1)

The notice of public hearing shall be published in a newspaper of general circulation in the Village at least once each week for 2 consecutive weeks, the last publication of which shall be at least one week before the public hearing.

(2)

Notice of the public hearing shall be mailed by certified mail to all parties in interest at least 10 days before the hearing. The failure of such notice to reach any property owner shall not invalidate the action taken by one of such bodies mentioned above.

(1)

All persons performing work, which by this chapter requires the issuance of a permit, shall pay a nonrefundable fee for such permit to the Village Treasurer to help defray the cost of administration, investigation, advertising and processing of permits and variances. The fee for permits shall be established by resolution of the Village Board.

(2)

Permit fees for conditional use permits, variances or appeals or amendments to ordinances shall follow the established schedule or be assessed to cover all printing and mailing costs associated with the action and costs of special meetings of the Village Board and/or Planning Commission requested by the applicants so as to defray all such costs in excess of the amount of the permit fee.

(3)

A double fee shall be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

(1)

VIOLATIONS. No person shall construct or use any structure, land or water in violation of any of the provisions of this chapter. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the Village Board, the Building Inspector, the Plan Commission or any property owners who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

(2)

PENALTIES. (Rep. & recr. #183) Any person who fails to comply with the provisions of this chapter will be subject to a monetary forfeiture as provided in Chapter 25.04 of the Village Code.

(3)

ENFORCEMENT BY INJUNCTION. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the Village or of 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 forfeiture or imprisonment before resorting to injunctional proceedings.

(4)

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 public nuisance and the Village may apply to any court of competent jurisdiction to restrain or abate such nuisance.