(a)

Responsibilities. Unless otherwise specified, the Village of Pewaukee Administrator, or his designee, shall generally be responsible for administering this chapter. The village administrator, or his designee, is designated as the primary enforcement agency for the provisions of this chapter. The duty of the village administrator, or his designee, among other things, shall be to interpret and administer this chapter and to authorize issuance of all permits required by this chapter.

(b)

Authority. In the enforcement of this chapter, the village administrator, or his designee, shall have the power and authority for the following:

(1)

To enter upon any private premises to make an inspection subject to approval from the private property owner.

(2)

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 shall be in effect until reinstated by the building inspector or the zoning board of appeals.

(3)

In the name of the village, issue citations necessary to enforce the provisions of this chapter or the building code in accordance with this section.

No building shall be erected, structurally altered or relocated within the Village of Pewaukee until a building permit has been issued by the building inspector certifying that such building, as proposed, would be in compliance with the provisions of this chapter and with the building code of the village. An application for a building permit shall be made in conformity with the requirements of the building code of the village and State of Wisconsin.

(Ord. No. 99-5, § 17.18(3)(c), 5-4-1999)

No vacant land shall be occupied or used, except for agricultural purposes, and no building shall be erected, structurally altered, relocated, used or occupied until an occupancy permit has been issued certifying that any such building, use or occupancy complies with the provisions of this chapter. An occupancy permit shall also be obtained before any change is made in the type of use or before any legal conforming use is resumed, changed, extended or granted conditional use status. Application for an occupancy permit shall be made to the building inspector prior to or at the same time as the application for building permit or prior to the commencement of any use not involving a building permit.

(Ord. No. 99-5, § 17.18(3)(d), 5-4-1999)

If within 24 months of the date of application no occupancy permit has been issued, any building permit related thereto shall lapse and the building inspector shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without proper authority. Upon showing of valid cause, the building inspector may grant an extension of such permit for a period not to exceed six months.

(Ord. No. 99-5, § 17.18(3)(e), 5-4-1999)

Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.

(Ord. No. 99-5, § 17.18(3)(e), 5-4-1999)

(a)

Citations. Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter, shall be subject to a citation/forfeiture of not less than $50.00 or more than $500.00 for each offense. Each day that a violation exists shall constitute a separate violation and be punishable as such.

(b)

Injunction. Compliance with the provisions of this chapter may also be enforced by the injunction order at the suit of the Village of Pewaukee or one or more owners of real estate situated within an area affected by the regulations of this chapter.

(c)

Declared nuisances. Any building erected, structurally altered or placed on a lot or any use carried on in violation of the provisions of this chapter is declared to be a nuisance per se and the village may apply to any court of competent jurisdiction to restrain or abate such nuisance.

(Ord. No. 99-5, § 17.18(4), 5-4-1999)

In order that property owners and interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provision of the ordinance.

(1)

Posting and publishing.

a.

Except as may be otherwise be specifically provided in this section, such notice shall be given not less than 15 days prior to date of such hearing, by posting such notice on the Village of Pewaukee hall bulletin board and publishing a class 2 notice for two consecutive weeks, the last of which shall be at least one week before the hearing, in the official newspaper.

b.

When a hearing involves a proposed change in the zoning district classification of any property, or the granting of a conditional use, or the granting of a variance, the village clerk shall mail notice of the public hearing to the owners of all lands within 300 feet of the lot line of the property for rezoning, conditional use or variance hearings at least ten days before such public hearing. The failure of such notice to reach any property owner, provided such failure be not intentional, shall not invalidate any amending ordinance or grant of conditional use.

c.

When a hearing involves the granting of a conditional use grant to or a proposed change in the zoning district classification of any property lying in the floodland and/or shoreland-wetland area, the village clerk shall mail notice of the public hearing to the district office and the main office of the Wisconsin Department of Natural Resources.

d.

A copy of such notice along with pertinent information relative to the specific nature of the matter to be considered shall also be transmitted to the Waukesha County Park and Planning Committee prior to such hearing.

(2)

Information. Such notices shall state the time and place of such public hearing and the purpose for which the hearing is held.

(3)

Petitions not involving zoning change. Where such hearing is required by the provisions of this chapter as a result of a request for other than a zoning change, such request shall be presented to the village clerk in writing and shall be accompanied by a map or description clearly identifying the property involved and by the appropriate current fee, payable to the village, to defray the cost of notification for the public hearing.

(Ord. No. 99-5, § 17.18(7), 5-4-1999; Ord. No. 2012-10, § I, 8-7-2012)

(a)

Administration. All persons, firms or corporations whose application, petition and/or plans requires appearance at a public meeting, staff review of plans, staff inspection of site improvements and/or issuance of a permit shall pay a fee to the Village of Pewaukee administrator, or his designee, to help defray the cost of administration, investigation, advertising, inspection and processing. All fees shall be established by separate resolution of the village board and amended from time to time as deemed appropriate.

(b)

Consultant fees. Costs associated with the village retaining outside consultants to assist in development, review and impact analysis shall be paid by the developer. Prior to consultant work beginning, the developer must execute the appropriate contract with the village for payment of services. The contract shall provide that the fees shall be paid promptly upon receipt of an invoice and that if the fees are not paid within 30 days of invoicing, that they may be assessed against the property which is the subject of the development as a special charge for current services pursuant to Wis. Stats. § 66.0627. Said charge shall become a lien against the property in the event of nonpayment. For purposes of this subsection, consultant fees shall include, but not be limited to, engineering fees, planning fees and attorney fees related to the review of the development application.

(c)

Sanitary and sewer and water connection fees. Sanitary sewer and water connection fees associated with village costs shall be paid in accordance with the village's established fee schedule.

(d)

Park and open space fees. Park and open space fees shall be paid in accordance with the village's established fee schedule.

(Ord. No. 99-5, § 17.18(8), 5-4-1999; Ord. No. 2006-19, § I, 8-15-2006)

(a)

Pursuant to the provisions of Wis. Stats. § 60.61, the Village of Pewaukee board may, after first submitting the proposal to the planning commission for report and recommendation and after notice and public hearing as provided in this division, amend the regulations of this division or change the district boundaries.

(b)

A proposal to amend the text or change the district mapping of this division may be initiated by the board on its own motion, by recommendation of the planning commission, or by petition of one or more property owners.

(Ord. No. 99-5, § 17.18(6)(a), (b), 5-4-1999)

(a)

A petition for change or amendment submitted by a private property owner shall be prepared on printed forms provided for that purpose and filed with the Village of Pewaukee clerk. The appropriate administrative fee shall accompany the petition.

(b)

In addition to all information required on the petition form, the petitioner shall supply the following:

(1)

A plot map to a scale of not less than 100 feet to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land.

(2)

Legal description of property petitioned for map amendment.

(3)

Any further information that may be required by the planning commission to facilitate the making of a comprehensive report to the village board.

(Ord. No. 99-5, § 17.18(6)(c), (d), 5-4-1999)

(a)

The Village of Pewaukee clerk shall transmit without delay one copy of such petition to the planning commission.

(b)

The planning commission shall conduct the necessary investigation and report its recommendation to the village board within 60 days of the receipt of such petition.

(Ord. No. 99-5, § 17.18(6)(e), 5-4-1999)

Upon receipt of the planning commission's report, the Village of Pewaukee board shall hold a public hearing in the manner provided in section 40.115.

(Ord. No. 99-5, § 17.18(6)(f), 5-4-1999)

(a)

As soon as possible after such public hearing, the Village of Pewaukee board shall act to approve, modify and approve or disapprove the proposed change or amendment.

(b)

Approval shall be by ordinance and necessary changes in the official zoning map or texts shall be promptly made.

(c)

The village board may only overrule the planning commission's recommendation by a majority of the full board membership. Should the board not concur in the recommendation of the planning commission, it shall re-refer the matter to the planning commission for reconsideration before taking final action.

(Ord. No. 99-5, § 17.18(6)(g), 5-4-1999)

Editor's note— Ord. No. 2024-04B, § I, adopted June 4, 2024, effective January 1, 2025, repealed § 40.122, which pertained to protest and derived from Ord. No. 99-5, § 17.18(6)(h), May 4, 1999.

Proposed zoning amendments to property subject to floodland and/or shoreland wetland zoning classification shall be subject to the administrative requirements established in the shoreland/wetland and floodland regulations of this chapter.

(Ord. No. 99-5, § 17.18(6)(i), 5-4-1999)

In addition to the responsibility and authority granted the plan commission pursuant to Wisconsin State Statutes, the plan commission shall be responsible for the functions identified in this chapter. The plan commission shall be established and maintained in accordance with local regulations.

(Ord. No. 99-5, § 17.18(1), 5-4-1999)

There shall be a board of appeals consisting of five members appointed by the Village of Pewaukee president, subject to confirmation by the village board, for terms of three years, except that of those first appointed, one shall serve for one year, two for two years, and two for three years. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The village president may appoint, for staggered three-year terms, two alternate members of such board, in addition to the five members provided for in this section, who shall act, with full power only when a member of the board refuses to vote because of interest or is absent. The provisions in this section with regard to removal and the filling of vacancies shall apply to such alternate.

(Ord. No. 99-5, § 17.18(5)(a), 5-4-1999; Ord. No. 2016-13, § I, 9-20-2016)

(a)

The members of the board of appeals shall not be compensated.

(b)

Members shall be removable by the Village of Pewaukee president for cause upon written charges and after public hearing.

(c)

The village president shall designate one of the members chairman and the board of appeals may designate such other officers as they deem necessary.

(d)

The board of appeals shall adopt rules governing its procedure consistent with the terms of this division.

(e)

The village clerk shall be secretary to the board of appeals.

(f)

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

(Ord. No. 99-5, § 17.18(5)(b), 5-4-1999)

Meetings of the board of appeals shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 99-5, § 17.18(5)(c), 5-4-1999)

The board of appeals shall have the following powers as defined by statute:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

Note: Variance or appeal from portions of article X, Land Division and Condominium Regulations, may not be allowed due to statutory limitations. The village attorney's opinion shall be required prior to processing an appeal in these instances.

(2)

To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in no reasonable use, practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

Note: Variance or appeal from portions of article X, Land Division and Condominium Regulations, may not be allowed due to statutory limitations. The village attorney's opinion shall be required prior to processing an appeal in these instances.

(3)

To hear and decide special exceptions to the terms of this chapter upon which such board is required to pass under this chapter.

(Ord. No. 99-5, § 17.18(5)(d), 5-4-1999)

In making its determination the board of appeals shall consider whether the proposed variance or use would be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of physical, social or economic effects; and may impose such requirements and conditions with respect to locations, construction, maintenance and operation, in addition to any which may be stipulated in this division, as the board may deem necessary for the protection of adjacent properties and the public interest and welfare.

(Ord. No. 99-5, § 17.18(5)(d), 5-4-1999)

In order to reach a fair and objective decision the board of appeals may utilize and give recognition to appropriate performance standards which are available in model codes or ordinances or which have been developed by planning, manufacturing, health, architectural and engineering research organization.

(Ord. No. 99-5, § 17.18(5)(e), 5-4-1999)

The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this division or to effect any variation therefrom. The grounds of every such determination shall be stated.

(Ord. No. 99-5, § 17.18(5)(g), 5-4-1999)

Any person or person aggrieved by a decision of the board of appeals, or any taxpayer, or any officer, department, board or bureau of the municipality may appeal a decision of the board of appeals within 30 days after the filing of the decision in the office of the board of appeals in the manner provided in Wis. Stats. § 62.23(7)(e).

(Ord. No. 99-5, § 17.18(5)(h), 5-4-1999)

Any person aggrieved, or any officer, department, board or bureau of the Village of Pewaukee affected by a decision of the administrative officer may appeal such decision to the board of appeals as established in this division, provided such appeal is taken within 30 days of the date of the decision from which they are taking an appeal.

(Ord. No. 99-5, § 17.18(5)(i), 5-4-1999; Ord. No. 2018-02, § I, 2-6-2018)

A notice of appeal shall be filed with the officer from whom the appeal is taken and with the board of appeals, specifying the grounds thereof. The offices from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.

(Ord. No. 99-5, § 17.18(5)(j), 5-4-1999)

An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken on due cause shown.

(Ord. No. 99-5, § 17.18(5)(k), 5-4-1999)

Each appeal shall be heard within 30 days from the time of filing and public notice of such hearing shall be given as provided by section 40.120 as well as to the parties in interest. Such notice however shall require only one publication which shall be not less than ten days prior to the date of the hearing and one posting on a public bulletin board in the Village of Pewaukee hall. Any party may appear in person, or by agent or by attorney representing them.

(Ord. No. 99-5, § 17.18(5)(l), 5-4-1999)

The board of appeals shall render its decision in writing within 30 days after completion of the hearing thereon.

(Ord. No. 99-5, § 17.18(5)(m), 5-4-1999)

In exercising the powers mentioned in this division, such board of appeals may, in conformity with the provisions of this division, reverse or affirm, wholly or partly, or may order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit provided that no such action shall have the effect of permitting in any district a use prohibited in that district, of rezoning, or of permitting, without the approval of the planning commission, any building within the road right-of-way.

(Ord. No. 99-5, § 17.18(5)(n), 5-4-1999)

Proposed variances for property subject to floodland and/or shoreland wetland zoning classification shall be subject to the administrative requirements established in the shoreland and floodland regulations of this chapter (see Addendum A).

(Ord. No. 99-5, § 17.18(5)(o), 5-4-1999)