The village planning and zoning commission shall have the duties of making reports and recommendations related to the planning and development of the village to public officials, agencies, public utility companies, civic, educational, professional and other organizations, and citizens. The planning and zoning commission may employ staff, to the extent that the village budget allows, who may prepare surveys and studies, prepare plans and recommendations, and perform other duties assigned by the planning and zoning commission. In general, the planning and zoning commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning and zoning.

(Ord. No. 2008-1, § 46-501, 8-6-2008)

To the fullest extent possible, the planning and zoning commission and its staff shall make available to the public all reports and documents concerning the village comprehensive plan and any component thereof. In addition:

(1)

All available information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed.

(2)

Where useful, wetland boundaries may be staked in the field and said boundaries may be identified on a plat of survey.

(3)

Information regarding the location and wetlands shall be provided to realtors, lenders, and the general public. All legal descriptions of property containing wetlands should include information designating the wetland areas when property is transferred.

(4)

Fees necessary to recover the costs of providing information to the public may be established by the village.

(Ord. No. 2008-1, § 46-502, 8-6-2008)

The village zoning administrator, or designee, is hereby designated as the administrative and enforcement officer for the provisions of this article. The duty of the zoning administrator, or designee, shall be to interpret and administer this article and to:

(1)

Maintain permanent and current records of all approvals and other actions, including, but not limited to, all maps, amendments of this article, building permits, zoning permits, conditional use permits, planned unit development approvals, temporary use approvals, sign permits, site plans, certificates of compliance, variances, appeals, interpretations, and applications therefor.

(2)

Determine that all building permit applications and their constituent plans, certificate of occupancy applications, sign permit applications and their constituent plans, and site plans comply with all the provisions of this article.

(3)

Make interpretations regarding the provisions of this article.

(4)

Receive, file, and forward (to the appropriate person, committee or agency) all applications for any permit or procedure provided for in this article.

(5)

Inspect all structures, lands, and waters as often as necessary to ensure compliance with this article.

(6)

Issue permits as required by this article.

(7)

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 article to the owner, resident, agent, or occupant of the premises.

(8)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by the zoning administrator or designee to ensure compliance with this article. If, however, the administrator is refused entry after presentation of identification, a special inspection warrant may be procured in accordance with Wis. Stats. § 66.0119.

(9)

Prohibit the use or erection of any structure, land or water until such official has inspected and approved such use or erection.

(10)

Institute, in the name of the village, any appropriate action or proceeding against an article violator, as provided by law.

(11)

Request assistance and cooperation from the village police department and village attorney as deemed necessary.

(12)

Attend all meetings of the village planning and zoning commission and the village zoning board of appeals.

(Ord. No. 2008-1, § 46-503, 8-6-2008)

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or owner's agent has secured a building permit, if required, from the zoning administrator, or designee, unless otherwise exempted pursuant to this article. Applications for a building permit shall be made in duplicate to the zoning administrator on forms furnished by the zoning administrator and shall include the following, where applicable:

(1)

Name 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 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 registered land surveyor showing the following information:

a.

Location of the lot referenced to the U.S. Public Land Survey.

b.

North arrow and graphic scale.

c.

Dimensions of the lot.

d.

Street names of abutting streets and the name of the nearest intersecting street.

e.

The distance from the corner of the lot to the nearest intersecting street.

f.

The widths of abutting streets, sidewalks, and alleys.

g.

Location of easements; their purpose and their width.

h.

Location and dimensions of all structures on the lot, both existing and proposed.

i.

Existing lot grade and street grade, referenced to village datum or mean sea level datum.

j.

Proposed lot grades and structure grades, referenced to village datum or mean sea level datum.

k.

Existing lot grade and structure grade on adjacent lots. When no structure is on the adjacent lot, provide the grade of the closest structure on the same side of the street.

l.

Setbacks of structures on adjacent lots.

m.

Existing and proposed driveway locations and widths.

n.

Existing and proposed street and highway access restrictions.

o.

Location of existing and proposed parking and loading areas.

p.

Type of monument at each corner of the lot.

q.

Watercourses or existing drainage ditches.

r.

Location of hydrants, streetlights, and street trees.

s.

Location of the water and sewer service access to the parcel if it is located on the village's public water and sewer system.

t.

If the property is in an area with a master grading plan, the existing and proposed grades of all corners of the lot and the grade of the structure controlled by such master drainage plan.

u.

The seal and signature of the surveyor.

v.

Any other information deemed necessary by the zoning administrator for a review and determination of compliance with this article.

w.

Seal of the registered engineer or architect. All plans, data, and specifications for the construction of any building or structure, or for any associated construction, containing more than 50,000 cubic feet total volume, other than one-family and two-family residences, submitted with an application for a permit, shall bear the seal of a registered architect or engineer. The plans shall also be stamped as approved as required by the state department of commerce. No permit shall be granted for such structure unless construction will be under the supervision of an architect or engineer who shall be responsible for its erection in accordance with the approved plans, as required by statute. The architect or engineer shall file a written statement to this effect, with the zoning administrator, with the application for the permit.

(4)

Waiver of some requirements. The zoning administrator may waive the requirements for certain plans, specifications, data, the plat of survey, or for the involvement of an engineer, surveyor or architect when the application is to execute minor alterations or repairs to a building or structure, or where the proposed use is of such minor nature as to not involve the waived requirements, provided that the proposed use, construction, alteration, or repair is sufficiently described in the application for the permit.

(5)

Proposed sewage disposal plan if municipal sewer service is not available. This plan shall include a copy of the permit issued by the zoning administrator for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The county sanitarian or a designee shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.

(6)

Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with Wis. Admin. Code ch. NR 812 and shall be approved by the village who shall certify in writing that an adequate and safe supply of water will be provided.

(7)

Condominium declaration. Any developer of land in the village who elects to create a condominium pursuant to Wis. Stats. ch. 703 shall submit a copy of the condominium declaration, and any amendment thereto, to the zoning administrator to be attached to the file copy of the building permit application.

(8)

Estimate of the cost of completing the site plan improvements, including, but not limited to, landscaping, paving, drainage facilities, sign installation, and lighting.

(9)

Additional information as may be required by the village planning and zoning commission.

(10)

No building permit shall be issued for the erection or construction of any building or structure on platted or unplatted land along a street with roadside ditches, unless the owner or owner's agent has arranged, with the village department of public works, for the installation of a culvert of such size and length to preserve the capacity and grade of any drainage ditch laid alongside the public street or public service drive abutting the property. The village shall determine the size and length of the culvert required, but in no case shall the culvert be less than 12 inches in diameter and 20 feet in length. The village shall charge a fee, and such fee shall include the costs of the culvert pipe and the installation of such pipe.

(11)

No building permit shall be issued until the village has investigated the fact that all outstanding connection and development fees and special assessments levied against the property have been fully paid or an agreement for payment to the village by the property owner has been executed.

(12)

A building permit shall be granted or denied in writing by the zoning administrator or designee.

(Ord. No. 2008-1, § 46-504, 8-6-2008)

All certified survey maps must be approved by either the planning and zoning commission or zoning administrator prior to being recorded with the county.

(Ord. No. 2008-1, § 46-505, 8-6-2008)

All applications for a variance must be accompanied by a fee as set from time to time by resolution to defray village costs of processing.

(Ord. No. 2008-1, § 46-506, 8-6-2008)

No building permit shall be required for any of the following activities; provided, however, that any work that does qualify for an exemption under this section shall be required to comply with the applicable setback, height, and other requirements set forth in this article:

(1)

For building an accessory structure less than 65 square feet in area.

(2)

For repairs that do not alter the size or position of an existing structure on a lot. Such repairs shall not include the replacement or alteration of bearing walls.

(Ord. No. 2008-1, § 46-507, 8-6-2008)

(a)

No vacant land shall be occupied or used; and no building or premises shall be erected, altered, or create a change in use; and no nonconforming use shall be changed, or extended until a certificate of occupancy shall have been issued by the zoning administrator or designee after the issuance of a building permit for such activity. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this article. Such certificate shall be applied for prior to the time of occupancy of any land and/or building.

(b)

No building located in a business or industrial district and used for business or industrial purposes shall have the use changed without the issuance of a new certificate of compliance by the zoning administrator or designee. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this zoning article and the state. Application for a certificate of compliance shall be made in the same manner as for a building permit pursuant to section 50-263.

(Ord. No. 2008-1, § 46-508, 8-6-2008)

The village board may authorize the zoning administrator to issue a conditional use permit for a conditional use after a review and recommendation by the planning and zoning commission, a public hearing and approval by the village board. Applications for conditional use permits shall be submitted to the village clerk-treasurer and shall include, but not be limited to, the following where pertinent and necessary for proper review by the planning and zoning commission:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

(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; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.

(3)

Plat of survey prepared by a registered land surveyor showing all relevant information required under section 50-261(3) for a building permit and existing and proposed landscaping.

(4)

Additional information as may be required by the village planning and zoning commission as needed to evaluate unique uses having characteristics not addressed by these conditional use provisions.

(5)

Review and recommendation. Conditional uses will be reviewed to see if they are in accordance with the purpose and intent of this article, in accordance with the village comprehensive plan, and not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the village. Uses which involve large assemblages of people shall not be located within 300 feet of the boundary of any residential area. Toward this end, the village planning and zoning commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewer and water systems, hours of operation, and the proposed plan of operation. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the village planning and zoning commission upon its finding that these are necessary to fulfill the purpose and intent of this article.

(6)

Compliance with all other provisions of this article, such as lot width and area, setbacks, height, parking, loading, traffic, and highway access.

(7)

Public hearing and board decision. The village board shall hold a public hearing on each application giving public notice as specified in division 5 of this article. The board may subsequently approve and authorize the issuance of the conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.

(8)

A conditional use permit shall be granted or denied in writing. The permit shall expire within no less than 12 months of the date of issuance of the permit if no work has commenced. The issuance of the building permit shall constitute commencement of work. The time period to commence work and to complete the project shall be determined by the planning and zoning committee; and both, if not complied with, shall warrant consideration for revocation of the conditional use permit in accordance with section 50-139(g).

(9)

Amendments. Changes subsequent to the initial issuance of a conditional use permit, which would substantially affect the conditions listed in subsection (5) of this section, shall require an amendment to the conditional use permit. The process for amending a permit shall follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(10)

Revocation of conditional use permit. Should a permit applicant, heirs or assigns, fail to comply with the conditions of the permit issued by the zoning administrator or village board, or should the use, or characteristics of the use, be changed without prior approval by the village board, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(11)

Existing conditional uses. All uses existing on the effective date of the ordinance from which this article is derived which would be classified as conditional uses in the particular districts concerned, if they were to be established after such effective date, are hereby declared to be conforming conditional uses. Any proposed change or expansion, including signage and parking, of the existing operation shall be subject to the conditional use procedures and regulations in this section, as if such use was being newly established.

(Ord. No. 2008-1, § 46-509, 8-6-2008)

It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or county agency. This includes, but is not limited to, a water use permit pursuant to Wis. Stats. ch. 30, a water quality certification pursuant to Wis. Admin. Code ch. NR 103, a wetland fill permit pursuant to section 404 of the Federal Water Pollution Act, or a stormwater permit required by the Clean Water Act.

(Ord. No. 2008-1, § 46-510, 8-6-2008)

(a)

Purpose. This section applies only in the village's downtown commercial district. The purpose of this section is for promoting compatible, aesthetic, and functional development in the downtown area to promote business attraction and success in this area, to enable the development of a community image and character of the downtown, and to achieve and protect the overall economic strength of the village. Further purposes include the stability of property values, and to prevent impairment or depreciation of property values. No person shall commence any use or erect any structure in the downtown commercial district without first submitting a generalized plan and description of the proposed building and site development to the village planning commission, which shall make a recommendation to the village board for a final decision. No building permit shall be issued until the village board's decision on the concept plan of development.

(b)

Principal standard. The concept plan for development shall be reviewed against any downtown development or image plan and/or objectives adopted by the village. Such concept plan shall not be inconsistent with such downtown development plan.

(c)

Building materials. All permitted structures constructed in the downtown commercial district shall be compatible with the outward character and materials of existing buildings. No new buildings in this district shall be of the pole barn construction type or style or outward visual image.

(Ord. No. 2008-1, § 46-511, 8-6-2008)

(a)

Purpose. Landscape standards are established to ensure that landscaping becomes an integral part of development in commercial and manufacturing districts requiring review and approval under this article. All commercial and industrial developments with on-site parking spaces for 20 vehicles or more are required to present a site landscaping plan to the planning and zoning commission for recommendation to the village board. Such landscaping plan shall be approved before a building permit can be issued. This plan shall address the standards in subsections (a) through (f) of this section when buildings or parking lots are extended. These regulations shall apply to the extended portion of the building or parking lot if the parking lot exceeds 20 vehicle spaces. Location of landscape areas, plant materials, protection afforded the plantings, including curbing and provision for maintenance, shall be subject to approval by the village planning and zoning commission. The preservation of existing trees, shrubs, and other natural vegetation in the parking area is a standard the commission may use in its review of such commercial and industrial plans.

(b)

Screening of trash. Trash receptacles shall not be located within the front or street yard, and shall be screened from casual view by means of screening that is compatible with the main building/structure and landscaping.

(c)

Screening of ground-mounted mechanical equipment. Ground-mounted mechanical equipment shall not be located within the front or street yard and shall be screened from casual view by means of screening that is compatible with the main building/structure and landscaping.

(d)

Screening of parking. Commercial and industrial parking and loading areas are subject to the imposition of screening techniques, including earthen berms, vegetation and decorative fencing. Rain garden and other water retention devices may be required in the approval of commercial and industrial parking and loading areas.

(e)

Buffer yards. A buffer yard shall be provided at the lot line of all commercial and industrial uses, except in the downtown commercial district. Such yard shall present positive visual and structural appeal. Such yards may consist of grass, natural plantings, decorative fencing, rain garden and other water retention measures.

(f)

Lighting. Measures shall be employed on parking lot lighting to avoid the direct lighting of adjacent properties and shall not interfere with traffic on public streets.

(Ord. No. 2008-1, § 46-512, 8-6-2008)

All persons, firms, or corporations performing work which by this article requires the issuance of a permit shall pay a fee for such permit to the village clerk-treasurer to help defray the cost of administration, investigation, advertising, and processing of permits and variances. The permits for which a fee is required are the building permit, certificate of occupancy, and conditional use permit. A fee shall also be required for a zoning text or map amendment, and zoning appeal or variance. The fees shall be as established by resolution.

(Ord. No. 2008-1, § 46-513, 8-6-2008)

It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this article. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the village board, the zoning administrator, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin or abate a violation of this article.

(Ord. No. 2008-1, § 46-514, 8-6-2008)

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 planning and zoning committee, the zoning administrator, or the village attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water; and to cause to remove such structure or use.

(Ord. No. 2008-1, § 46-515, 8-6-2008)