New Auburn Village City Zoning Code
ARTICLE XII
Administration and Procedures
§ 350-125 Purpose.
The purpose of this article is to establish responsibilities for the administration of this chapter, and the enforcement procedures and penalties for noncompliance with the provisions of this chapter. The purpose of this article is to establish procedural requirements for zoning text amendments, Zoning Map[1] amendments, and various development approvals under this chapter, including but not limited to conditional use permits, variances, and site plan review and approval.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 350-126 Zoning Administrator.
The Building Inspector is hereby designated as the enforcement officer (Zoning Administrator) for the provisions of this chapter. The Village Clerk can act as the Zoning Administrator's representative. The duty of the Zoning Administrator shall be to interpret and administer this chapter and, after on-site inspection, advise the Village Board on the issuance of all permits required by this chapter. The Zoning Administrator shall further:
A.
Maintain records of all permits issued, inspections made, work approved, and other official actions.
B.
Initiate, direct and review, from time to time, a study of the provisions of this chapter, and make reports of the recommendations to the Planning Commission for investigation and appropriate action.
C.
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 Zoning Administrator or the Zoning Board of Appeals, or take any other action as directed by the Village Board to ensure compliance with or to prevent violation of provisions of this chapter.
D.
Inspect all structures, lands and waters as often as necessary to assure compliance with this chapter.
E.
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.
F.
Assist the Village Attorney in the prosecution of ordinance violations.
G.
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him/her to ensure compliance with this chapter. If, however, he/she is refused entry after presentation of his/her identification, he/she may procure a special inspection warrant in accordance with § 66.122 of the Wisconsin Statutes.[1]
[1]
Editor's Note: Section 66.122 was renumbered as § 66.0119 by 1999 Act 150, §§ 287 through 290.
H.
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
I.
Request assistance and cooperation from the Police Department, Village Clerk-Treasurer, and Village Attorney as deemed necessary.
§ 350-127 Role of specific Village officials in zoning administration.
A.
Plan Commission. The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the Village to the Village Board, other public officials and other interested organizations and citizens. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this chapter, its functions are primarily recommendatory to the Village Board pursuant to guidelines set forth in this chapter as to various matters and, always, being mindful of the intent and purposes of this chapter. Recommendations shall be in writing. A recording thereof in the Commission's minutes shall constitute the required written recommendation. The Commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing.
B.
Village Board. The Village Board, the governing body of the Village, subject to recommendations by the Plan Commission and the holding of public hearings by said Board, has ultimate authority to grant permitted conditional uses, make changes and amendments in zoning districts, the Zoning Map[1] and supplementary floodplain and wetland maps and to amend the text of this chapter. The Village Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter. The Zoning Board of 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)
Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to 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.
(3)
Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.
(4)
Permits. The Board may reverse, affirm wholly or partly, modify the order, requirement, decision, or determination being appealed, and may issue or direct the issuance of a permit.
§ 350-128 Review and approval required.
A.
Review procedures vary depending on the type of request; however, procedures within this article generally adhere to three common elements:
B.
The table below summarizes the procedures, agencies, and personnel involved in various procedures authorized by this chapter. The table is provided as a convenience for the Village and general public. Where there are conflicts between the text of this chapter and the table below, the text shall prevail.
Review and Approval Activities and Bodies | ||||
|---|---|---|---|---|
Application Process | Staff | Plan Commission | Village Board | Zoning Board of Appeals |
Zoning ordinance amendment | RR | RR | PH, RE, A | |
Zoning Map amendment | PM*, RR | RR | RR, RE, A | |
Conditional use permit | RR | PH, RR | RE, A | |
Zoning permit | RE, IP | |||
Site plan | RR | RE, A | ||
Planned development district | PM*, RR | PH, RR | RE, A | |
Interpretation | RE, A | Appeal Only | ||
Variance | RR | PH, RE, A | ||
Appeal | RR | PH, RE, A | ||
Violations and penalties | RE, A | |||
Floodplain map amendment | Refer to Wisconsin DNR/FEMA | |||
Sign permit | RE, IP | |||
RE = Review and Evaluate | |
IP = Issues Permit | |
RR = Review and Recommend | |
PH = Public Hearing | |
PM = Public Meeting | |
A = Final Action | |
* | If determined to be necessary by the Zoning Administrator or designee. |
NOTE: This table is not exhaustive. Some procedures may not be covered within this table, including land division approvals required under Chapter 300, Subdivision of Land. |
§ 350-129 Zoning ordinance (text or map) amendment.
A.
Authority. Pursuant to the provisions of § 62.23(7), Wis. Stats., whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Village Board may, by ordinance, change the district boundaries established by this chapter and the Zoning Map[1] incorporated herein or amend, change, or supplement the text of the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission with final action by the Village Board.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Initiation of changes or amendments. The Village Board, the Plan Commission, the Zoning Board of Appeals and other government bodies and any private petitioners may apply for an amendment to the text of this chapter or to the zoning district boundaries hereby established or by amendments hereto in the accompanying Zoning Map made a part of this chapter.
C.
Procedures for changes or amendments.
(1)
Application. Petitions for any change to the district boundaries and map(s) or amendments to the text regulations shall be addressed to the Village Board and shall be filed with the Village Clerk, describe the premises to be rezoned or the portions of text of regulations to be amended, list the reasons justifying the petition, specify the proposed use, if applicable, and have attached the following, if petition be for change of district boundaries:
(a)
Name and street address of petitioner.
(b)
The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.
(c)
Legal description of the property to be altered.
(d)
The existing user of all buildings on such land.
(e)
The principal use of all properties within 300 feet of such land.
(f)
Purpose for which such property is to be used.
(g)
Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this chapter.
(h)
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 districts and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.
(i)
Owners' names and addresses of all surrounding property owners within 175 feet of the property to be rezoned.
(j)
Fee. The fee for a rezoning amendment shall be as set forth in the Village's annual fee schedule.
(k)
Any further information requested on the petition or which may be required by the Planning Commission to facilitate the making of a comprehensive report to the Village Board.
(2)
Review standards. The Zoning Administrator, or designee, and other Village departments shall review the complete application and evaluate whether the proposed amendment:
(b)
Advances the purposes of the general article in which the amendment is proposed to be located.
(c)
Advances the purposes of the specific section in which the amendment is proposed to be located.
(d)
Is in harmony with the Village of New Auburn Comprehensive Plan.
(e)
Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.
(f)
Addresses any of the following factors that may not be addressed in the current zoning text:
[1]
A change in the land market, or other factors which require a new form of development, a new type of land use, or a new procedure to meet said change(s).
[2]
New methods of development or types of infrastructure.
[3]
Changing governmental finances to meet the needs of the government in terms of providing and affording public services.
[4]
Any other factor deemed appropriate by the Village.
(3)
Public hearing required.
(a)
Within 90 days of filing of a complete application, the Village Board shall hold a public hearing to consider the proposed zoning change or amendment, giving notice of the time, place, and the change or amendment proposed by publication of a Class 2 notice, under Ch. 985 of the Wisconsin Statutes. At least 10 days prior, written notice shall also be given to the Clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.
(b)
A public hearing may be held more than 90 days from filing of the complete application when requested by the applicant in writing.
(c)
The Village Board may delegate to the Plan Commission the responsibility to hold public hearings as required under this section.
(4)
Plan commission review and recommendation.
(a)
The Village Board or the Village Zoning Administrator shall cause the petition to be forwarded to the Plan Commission for its consideration and recommendation.
(b)
Within 60 days of the public hearing, the Plan Commission shall make its recommendations regarding the application. Said recommendation may include a formal finding of facts developed and approved by the Plan Commission and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.
(c)
The Village Clerk shall provide due notice of the Plan Commission meeting to the applicant and owners of record of properties which are located within 175 feet of the parcel involved in the application.
(d)
The Plan Commission shall review all proposed amendments to the text and Zoning Map(s) within the corporate limits and shall recommend in writing that the petition be granted as requested, modified, or denied. A recording of the recommendation in the Plan Commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the Commission may on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).
(e)
If the Plan Commission fails to make a recommendation within 60 days of the public hearing, the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said recommendation from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements of under Subsection C(3) above.
(5)
Village Board review and action.
(a)
Following the required public hearing and after consideration of the Plan Commission's recommendation, the Village Board shall review the proposed amendment. The Village Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator (or designee), the applicant, and/or any other entity as it sees fit.
(b)
The Village Board may refer the matter back to the Plan Commission. In such cases, the Village Board shall specify the issue(s) to be addressed in further detail.
(c)
The Village Board may take final action (by ordinance) on the application at the time of its initial meeting or may continue the proceedings by its own decision or the applicant's request. The Village Board may approve the amendment as originally proposed, may approved the proposed amendment with modifications, or may deny approval of the proposed amendment.
D.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material changes of circumstances.
E.
Protest.
(1)
In the event of a protest against 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 amendments shall not become effective except by the favorable vote of 3/4 of the full Village Board membership.
(2)
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, it shall require a 3/4 favorable vote of the full Village Board membership to adopt such amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 350-130 Conditional use permit procedures and standards.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.
B.
Applicability. There are certain uses, which because of their unique characteristics, may have a high potential to create undesirable impacts on nearby properties, public facilities, or the community as a whole. In these cases, specific standards, regulations, or conditions may be established.
C.
Initiation of request for conditional use. Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which such land is located.
D.
Application for conditional use.
(1)
An application for a conditional use shall be filed on a form prescribed by the Village. A nonrefundable application fee, as set forth in the annual Village fee schedule, shall be paid at the time of application. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 350-130F.
(2)
The Plan Commission or Village Board may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions, bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning, location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping, plans of buildings, sewage disposal facilities, water supply systems, and arrangements of operations. When considering a development proposal or land use change, the Village may require additional studies, benefits-costs analysis, or other information, at its discretion and potentially at the developer's expense. Such studies or information may be needed to analyze factors such as: land use compatibility, potential impacts (e.g., transportation, fiscal, environment, public health, property values), engineering studies or place, and whether other standards are sufficiently met.
E.
Public hearing required.
(1)
All requests for conditional uses shall be referred to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board, on its own motion, from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 350-130D, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted, and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
(2)
Notice of public hearing. Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 Notice under the Wisconsin Statutes in the official Village newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Village Board and Plan Commission, and the owners of record as listed in the office of the Village Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing.
F.
Conditional use permit review standards. In determining whether to approve, approve with conditions, or deny a request for issuance of a conditional use permit, the Plan Commission and the Village Board shall consider all relevant factors specific in other sections of this chapter, including standards for specific requirements for certain land uses and activities. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specific in this chapter or imposed by the Village, the Village shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the applicant and all requirements and conditions established by the Village are or shall be satisfied. No application for a conditional use shall be recommended for approval by the Plan Commission or granted by the Village Board unless such Commission and Board shall find all of the following conditions are present:
(1)
That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(2)
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
That adequate utilities, access roads, drainage, and other necessary site improvements have been or are being provided. The Village will consider the availability and potential impacts to public services, especially sanitary sewer, water lines, storm sewers, fire protection, parks, transportation networks, and schools, and ensure that any needed services be available or that such services could be made available safely and efficiently.
(5)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6)
That the conditional use shall conform to all applicable regulations of the district in which it is located.
(7)
That the proposed use does not violate floodplain regulations governing the site.
(8)
That, when applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission and Board shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
(9)
That, in addition to passing upon a conditional use permit, the Plan Commission and Board shall also evaluate the effect of the proposed use upon:
(a)
The maintenance of safe and healthful conditions.
(b)
The prevention and control of water pollution including sedimentation.
(c)
Existing topographic and drainage features and vegetative cover on the site.
(d)
The location of the site with respect to floodplains and floodways of rivers and streams.
(e)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(f)
The location of the site with respect to existing or future access roads.
(g)
The need of the proposed use for a shoreland location.
(h)
Its compatibility with uses on adjacent land.
(i)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
(j)
Potential negative impacts on environmentally sensitive areas or other critical community services (e.g., schools, nursing care, governmental) are prevented or mitigated. New development, reconstruction, and infrastructure projects should consider and apply resource conservation techniques and best practices that reduce energy demand and promote air and water quality improvements.
(10)
The use is in harmony with the Village of New Auburn Comprehensive Plan.
(11)
The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities, or services provided by public or private agencies serving the subject property.
G.
Plan commission review and recommendation.
(1)
Following public hearing, the Plan Commission shall review the proposed conditional use permit request with the review standards in § 350-130F.
(2)
The Plan Commission shall report its advisory recommendations to the Village Board within 30 days after a matter has been referred to. If such action has not been reported by the Plan Commission within 30 days, the Village Board can act without such recommendation.
H.
Village Board review and action.
(1)
Within 60 days after the filing of a conditional use permit application, the Village Board shall make its findings and take final action on the application.
(2)
The Village Board may, by resolution, authorize the Zoning Administrator to issue a conditional use permit after review, public hearing and advisory recommendation from the Plan Commission, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Chapter 350, Zoning, and evaluation of the standards for conditional uses as outlined in § 350-130F. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
(3)
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
(4)
Conditions, as further described in § 350-130J of this article may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
(5)
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.
I.
Action on a conditional use permit.
(1)
The Village Board may take the final action on the application at the time of the public hearing or may continue the proceedings at its discretion or at the applicant's request. The Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use. The requirements and conditions described must be reasonable, and to the extent practicable, measurable and may include conditions such as the permit's duration or renewal. The applicant and all requirements and conditions established by the Village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence.
(2)
The Village's approval of the proposed conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
(3)
When an advisory recommendation or determination of denial of a conditional use application is made, the Plan Commission/Village Board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission/Board has used in determining that each standard was not met. Per § 62.23(7)(de), Wis. Stats., if the Village denies a conditional use permit application, the applicant may appeal the decision to the circuit court under the procedures contained in statute.
(4)
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of six months from the date of denial, except on grounds of new evidence or proof of change of factors.
J.
Conditions and guarantees.
(1)
Conditions. Prior to the granting of any conditional use, the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 350-130F above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Any condition imposed must be related to the purpose of this chapter and be based on substantial evidence. The requirements and conditions must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Village related to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. Such conditions may include specifications for, without limitation because of specific enumeration:
(a)
Landscaping.
(b)
Type of construction.
(c)
Construction commencement and completion dates.
(d)
Sureties.
(e)
Lighting.
(f)
Fencing.
(g)
Operational control.
(h)
Hours of operation.
(i)
Traffic circulation.
(j)
Deed restrictions.
(k)
Access restrictions.
(l)
Setbacks and yards.
(m)
Type of shore cover.
(n)
Specified sewage disposal and water supply systems.
(o)
Planting screens.
(p)
Piers and docks.
(q)
Increased parking.
(r)
Duration of conditional use; or
(s)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
(2)
Site review. In making its recommendation, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission or Board may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation/use.
(3)
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Village Board after recommendation from the Plan Commission.
(4)
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Village Board may require the use of certain general types of exterior construction materials and/or architectural treatment.
(5)
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
(6)
Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading.
K.
Validity of conditional use permit.
(1)
Conditional uses authorized by Village Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
(2)
Where the Village Board has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Board's action unless the use is commenced, construction is underway, or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Board may extend such permit for a period of 90 days for justifiable cause, if application is made to the Village Board at least 30 days before the expiration of said permit.
(3)
Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Village may impose conditions such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in the zoning ordinance or by the Village Plan Commission or Village Board.
(4)
Discontinuing an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
L.
Termination. Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of a new conditional use(s) shall require review, public hearing, and approval by the Village Board.
M.
Substitution. Conditional uses authorized by the Village Board shall not be subject to substitution with other conditional uses, whether similar type or not, without Village Board approval and the procedures required under this chapter.
N.
Complaints regarding conditional uses. The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the Plan Commission, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 350-130F above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 350-130E. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 350-130F or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 350-130F will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. The basis for permit termination or revocation must be supported by substantial evidence.
O.
Conditional use - sexually oriented businesses.
(1)
Findings and purpose. The Village Board finds that due to their nature, the existence of sexually oriented businesses in the Village have serious objectionable operational characteristics, such as an effect upon property values, local commerce and crime. Due to the deleterious combined effect on adjacent areas when such uses are concentrated, or when located in close proximity to premises which serve alcoholic beverages, fermented malt beverages, or wine for consumption on site, such uses should not be permitted to be located in close proximity to each other or to premises serving such beverages. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Such regulations are contained in these standards. These standards are designed to protect the Village's retail trade, maintain property values, prevent crime, control the spread of disease, and, in general protect and preserve the quality of the Village's neighborhoods, commercial districts and the quality of Village life.
(2)
Standards. A sexually oriented business is permitted only as a conditional use and only in the C-2 district, provided that:
(a)
Such use shall not be located within 1,000 feet of any residence or single/multifamily residential district designated within this chapter.
(b)
Such use shall not be located within 1,000 feet of any public or private school, day care premises, nursery, church, park, or any building used even upon occasion as such.
(c)
Such use shall not be located within 1,000 feet of another adult bookstore, adult entertainment establishment, or adult motion-picture theater.
(d)
Such use shall not be located within 1,000 feet of any premises which is licensed by the Village of New Auburn or any other governmental body to sell, serve, or dispense alcoholic beverages, fermented malt beverages or wine for consumption on site.
(e)
Such use shall not be located on or in premises which are licensed by the Village of New Auburn to sell, serve, or dispense alcoholic beverages, fermented malt beverages or wine for consumption on site.
(3)
Exemptions. The provisions of this section do not apply to the following establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music, and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not of the type or nature offered by a sexually oriented business such as an adult book store, adult entertainment establishment, or adult motion picture theater.
(4)
Miscellaneous.
(a)
The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located, to the nearest point of the zoning district boundary line or the lot from which the proposed use is to be separated.
(b)
Violation of these provisions is declared to be a public nuisance per se.
(c)
Nothing in this section is intended to authorize, legalize or permit the establishment, operation of maintenance of any business, building or use which violates any Village ordinance, county ordinance, or statute of the State of Wisconsin regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
P.
Conditional use - specific livestock operations.
(1)
Generally. This section describes the procedural requirements relating to the conditional use permit review of a new or expanded livestock operations that will have 500 or more animal units, as required under § 350-46B(1).
(2)
Initiation. The owner of the subject property may submit an application for the establishment of a livestock operation.
(3)
Application and review procedure. The general steps outlined below shall be used in the review of an application for a conditional use permit for a new or expanded livestock operation.
(a)
Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposed livestock operation.
(b)
Submittal of application materials. The applicant shall submit four copies of the completed application form and worksheets prescribed by § ATCP 51.30, Wis. Adm. Code, to the Zoning Administrator along with the application fee as may be established by the Village Board in the Village's annual fee schedule. Submission of documentation relied upon for the nutrient management checklist may be required if necessary to substantiate the nutrient management checklist.
(c)
Determination of completeness. Within 45 days of submittal, the Zoning Administrator shall determine whether the application is complete or incomplete. If the Zoning Administrator determines that the application is incomplete, he or she shall send the applicant a written notice that describes the reason or reasons why the application is incomplete. If the Zoning Administrator determines that the application is complete, he or she shall send a written notice to the applicant within 14 days of such determination.
(d)
Notice to adjacent property owners. Within 14 days of a determination of completeness, the Zoning Administrator shall mail a completed notice as in Appendix C of Ch. ATCP 51, Wis. Adm. Code, to the recorded owner of each parcel of land that is adjacent to the proposed livestock facility. Such notices shall be mailed by first class mail. Failure to comply with the notice requirement under this subsection does not invalidate the approval of a proposed livestock facility, or create a cause of action by a property owned against the Village of New Auburn or any Village committee, Village Board, or employee.
(e)
Public hearing. The Zoning Administrator may schedule a public hearing on the application within 90 days after issuing notice of a complete application.
(g)
Criteria for issuance of a permit.
[1]
A permit shall be issued if the application for the proposed livestock facility contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets the standards specific in this chapter.
[2]
A permit may be denied if any of the following apply:
[3]
No conditions may be imposed on a permit other than the standards provided in this chapter.
(h)
Record of decision.
[1]
The Village Board shall issue its decision in writing. Its decision shall be based on written findings of fact supported by evidence in the record.
[2]
In the event that a permit is approved, the applicant shall receive a duplicate copy of the approved application, marked "approved." The duplicate copy must include worksheets, maps, and other documents (other than engineering specifications) included in the application.
(i)
Notice to the department. The Village Clerk, as required by § ATCP 51.36, Wis. Adm. Code, within 30 days of the Village decision on the application shall do all of the following:
[1]
Give the Department of Agriculture, Trade and Consumer Protection written notice of the town/county decision.
[2]
File with the Department a copy of the final application granted or denied, if the Village has granted or denied an application under this chapter. (The copy shall include all of the worksheets, maps, and other attachments included in the application, except that it is not required to include the engineering design specifications.)
[3]
If the Village has withdrawn a local approval under this chapter, file with the department a copy of the Village final notice or order withdrawing the local approval.
(j)
Expiration of permit. A permit remains in effect regardless of the amount of time that elapses before the livestock operator exercises the full authority granted under the permit, and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the Village may treat a permit as lapsed and withdraw the permit if the permit holder fails to do all of the following within two years after issuance of the permit: 1) begin populating the new or expanded livestock facility, or 2) begin constructing all of the new or expanded livestock housing or waste storage structures proposed in the permit application.
(k)
Permit modifications. The operator may make reasonable changes that maintain compliance with the standards in this chapter, and the Village shall not withhold authorization for those changes.
(l)
Compliance monitoring. The Village shall monitor compliance with this chapter as follows:
[1]
Upon notice to the livestock facility owner the Village may request the right of the Zoning Administrator to personally view the permitted facility at a reasonable time and date to ensure that all commitments of the application as approved are being complied with.
[2]
If the livestock facility owner refuses the Zoning Administrator the right to view the permitted facility, the Zoning Administrator may request the assistance of the Sheriff or a deputy Sheriff to obtain an inspection warrant from the circuit court to inspect the permitted facility for the purpose of protection of the public health and safety under § 66.0119, Wis. Stats.
[3]
If a permitted facility is found not to be in compliance with the commitments made in the approved application, the Zoning Administrator shall issue a written notice to the livestock facility owner stating the conditions of noncompliance and directing that compliance of the commitments of the approved application and be complied with in a reasonable amount of time stated in this written notice.
[4]
If noncompliance of the permit conditions as described in the written notice given by the Zoning Administrator continue past the stated reasonable time to comply, the Zoning Administrator may take further action as provided in this chapter, including but not limited to issuance of a citation or seeking of injunctive relief.
[5]
If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request a hearing in writing within five days of receipt of the notice of noncompliance. The Village Board shall schedule a hearing within five days to determine if the conditions of the permit have been complied with or whether noncompliance of the commitments of the approved application and local approval exists.
(m)
Terms of the permit. A permit and the privileges granted by a permit issued under this chapter is conditioned on the livestock operator's compliance with the standards in this chapter, and with commitments made in the application for a permit. The Village is authorized to suspend a permit or seek other redress provided in this chapter for noncompliance.
[1]
Pursuant to § ATCP 51.34(4)(b), Wis. Adm. Code, the Village may withdraw an approval if any of the following apply:
[a]
The operator materially misrepresented relevant information in the application for local approval.
[b]
The operator, without authorization from the Village, fails to honor relevant commitments made in the application for approval.
[c]
The livestock facility fails to comply with applicable standards.
(n)
Transferability.
[1]
A permit and the privileges granted by the permit run with the land, and remain in effect, despite a change in ownership of the livestock facility, as long as the new operator does not violate the terms of the local approval. An applicant may record with the register of deeds, at the applicant's expense, the duplicate copy of the approved application.
[2]
Upon change of ownership of the livestock facility, the new owner of the facility shall file information with the Village Clerk providing pertinent information, including but not limited to such information as the name and address of the new owner and date of transfer of ownership.
(o)
Appeal of decision on livestock facilities conditional use permit.
[1]
In addition to other appeal rights provided by law, § 93.90(5), Wis. Stats., provides that any aggrieved person may request review by the Livestock Facility Siting Review Board and any decision by the Village Board in connection with a permit application. An aggrieved person may challenge the decision on the grounds that the Village Board incorrectly applied the standards under this article or violated § 93.90, Wis. Stats.
[2]
An aggrieved person under this section as defined in § 93.90(5) of Wis. Stats., means a person who applied to the Village for approval of a livestock siting or expansion, a person who lives within two miles of the livestock facility that is proposed to be sites or expanded, or a person who owns land within two miles of a livestock facility that is proposed to be sited or expanded.
[3]
Any appeal to the state Livestock Facility Siting Review Board shall comply with § 93.90, Wis. Stats., and administrative rules of said Board.
§ 350-131 Zoning permit.
A.
Where required under this chapter, 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 the Plan Commission and Village Board (if involved).
B.
Action.
(1)
A zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application and the applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within six months unless substantial work has commenced or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the applicant 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.
§ 350-132 Site plan review and approval procedures.
Purpose: The purpose of the site plan review process is to promote compatible development, maintain stability of property values, ensure the attractiveness and functional utility of the community as a place to live and work, preserve the character and quality of the building environment by retaining the integrity of those areas which have a discernible character, protect certain public investments in the area, and raise the level of community expectations for the quality of its environment.
A.
Site plan review and approval. All applications for building permits for any construction, reconstruction, expansion, or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section. This review will include: existing and proposed structures, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation of the use.
B.
Application. The applicant shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery, and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter. This includes the following materials:
(1)
Written use description. Description of the intended use described in reasonable detail, which may include the following: zoning, land use plan designation, current land uses, proposed land uses, projected use, proposed development, operations, operations considerations, building materials, other information.
(2)
Location map. A map of the subject property showing all lands for which the use is proposed, and all other lands within 200 feet of the boundaries of the subject property.
(3)
Scale site plan. A site plan of the subject property as proposed for development drawn to scale.
(4)
Detailed landscape plan. At the same scale as the site plan, showing the location of all required setbacks and landscaping areas, proposed landscaping and any proposed screening.
(5)
Grading plan. At the same scale as the site plan showing existing and proposed grades, including retaining walls and related devices, and erosion control measures.
(6)
Elevation drawings. Side views of proposed buildings, structures, or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color, and overall appearance.
(7)
Stormwater management plans. At the same scale as the site plan, prepare stormwater runoff and erosion control plans consistent with Village ordinances.
C.
Administration. The Zoning Administrator shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the Plan Commission within 10 days. The Plan Commission shall review the application and may refer the application and plans to any expert consultants selected by the Village Board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Commission shall notify the Zoning Administrator of its decision to approve or deny the site plan.
D.
Requirements. In acting on any site plan, the Plan Commission shall consider the following:
(1)
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
(2)
The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall ensure that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage facilities, and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants, or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
(5)
The architectural design, landscaping, control or lighting, and general site development within the proposed use will result in an attractive and harmonious area compatible with and not adversely affecting the aesthetics, enjoyment, or property values of the surrounding neighborhood.
(6)
Potential negative impacts on environmentally sensitive areas and other critical community services (e.g., schools, nursing care, governmental) are prevented or mitigated. New development, reconstruction, and infrastructure projects should consider and apply resource conservation techniques and best practices that reduce energy demand and promote air and water quality improvements.
E.
Effect on municipal services. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Village Engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the 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.
§ 350-133 Variances.
A.
Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest where owing to special factors, 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; as provided for by § 62.23(7)(e)(7), Wis. Stats.
(1)
For the purposes of this section, "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.
B.
Initiation of request. A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this Chapter 350, Zoning, would cause him or her undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.
C.
Application for variance. The application for a variance shall be filed with the Zoning Administrator, with a fee as established in the Village's annual fee schedule plus publication and report costs. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:
(1)
Name and address of applicant and all abutting and opposite property owners of record.
(2)
Statement that the applicant is the owner or the authorized agent of the owner of the property.
(3)
Address and description of the property.
(4)
A site plan showing an accurate depiction of the property.
(5)
Additional information required by the Plan Commission, Village Engineer, Zoning Board of Appeals, or Zoning Administrator.
(6)
Application fee as set forth in the Village's annual fee schedule.
D.
Public hearing of variance application. Within 60 days of filing of a complete application, The Zoning Board of Appeals shall conduct at least one public hearing on the proposed variance. Notice of such hearing shall be given not more than 30 days and not less than 10 days before the hearing in one or more of the newspapers in general circulation in the Village, and shall give due notice to the parties in interest, the Zoning Administrator, and the Plan Commission. At the hearing the appellant or applicant may appear in person, by agent, or by attorney. The Board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, Zoning Administrator, Plan Commission, and Village Board.
E.
Action of the Zoning Board of Appeals. For the Board to grant a variance, it must find that:
(1)
Denial of variation may result in hardship to the property owner due to physiographical consideration. 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 or 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 Code should be changed.
(2)
The conditions upon which a petition for a variance is based are unique to the property for which variance is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
(3)
The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the property.
(4)
The granting of the variance will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.
(5)
The proposed variance will not undermine the spirit and general and specific purposes of the Zoning Code.
F.
Conditions. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this section.
G.
Effect of denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Zoning Administrator, or designee.
H.
Review by court of record. Any person or persons aggrieved by any decision of the Zoning Board of Appeals may present to a 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 offices of the Zoning Board of Appeals.
§ 350-134 Appeals to the Zoning Board of Appeals.
A.
Scope of appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the Village affected by any decision of the administrative officer. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question by filing with the officer(s) from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Village Board. The officer(s) from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record of appeals upon which the action appeals from was taken.
B.
Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate 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 Zoning 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.
C.
Hearing on appeals. Within 60 days after the filing of a complete application the Zoning Board of Appeals shall fix a reasonable time for a public hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing of the fee owners of records of all land within 100 feet of any part of the subject building or premises involved in the appeal.
D.
Decision of the Zoning Board of Appeals.
(1)
Time frame. The Zoning Board of 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 and the Zoning Administrator.
(2)
Conditions. Conditions may be placed upon any approval or authorization made by this Board.
(3)
Validity. Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
E.
Effect of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Zoning Administrator, or designee.
§ 350-135 Fees for permits, variances, appeals, rezonings, conditional uses, and signs.
All persons, firms, or corporations performing work which by this chapter requires an action of the Zoning Administrator, Plan Commission, or Village Board, shall pay such fee for consideration to the Village Clerk to help defray the cost of administration, investigation, advertising, and processing of such actions as may be set in accordance with the fee schedule established by the Village Board and presented as a separate attachment in support of these regulations.
§ 350-136 Public hearings.
A.
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 provisions of this chapter in the manner hereinafter defined or as may be otherwise specifically designated elsewhere in this chapter.
B.
The notice to be given concerning any appeals, variances, or conditional use permits shall be given by publishing a Class 1 notice under Chapter 985 of the Wisconsin Statutes, and for changes and amendments of this chapter by a Class 2 notice under Ch. 985 of the Wisconsin Statutes, and by giving due notice of the hearing to all parties in interest.
C.
"Due notice" to parties in interest shall mean that the Village Clerk will mail, by ordinary postage, reasonable advance notice of all hearings and meetings on any pending matter to the applicant and to owners of record of properties which are located within 175 feet of the parcel involved in the application 1,000 feet in the case of changes and amendments to zoning districts and regulations). In addition, at least 10 days prior to written notice of any such hearings shall be given to the Clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the application. Failure of the office to accomplish such provision of notice shall be invalidate or prejudice the proceedings, provided that reasonable efforts were made to so notify the parties in interest.
§ 350-137 Annexations.
Any area annexed to the Village of New Auburn after the effective date of this chapter shall automatically be placed in the R-1, Single-Family Residential District, and shall remain in such district until the appropriate zoning district(s), zoning district boundaries, and regulations are studied and recommended by the Planning Commission and adopted by the Village Board in accordance with the requirements of § 350-129 of this chapter; except that such adopted be completed within 90 days of the annexation.
§ 350-138 Municipalities and state agencies regulated.
Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if § 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when § 30.2022, Wis. Stats., applies.
§ 350-139 Violations and penalties.
A.
Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Village Board, the Zoning Administrator, the Plan Commission, or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Village Board, the Zoning Administrator, or the Village Attorney may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm, or corporation who fails to comply with the provisions of this 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 this Code of Ordinances.