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City Zoning Code

ARTICLE VIII

ADMINISTRATION AND ENFORCEMENT

Sec. 38-501.- Enforcement.

It shall be the duty of the zoning administrator, with the aid of the police department, to enforce the provisions of this chapter.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-502. - Violation and penalties.

Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall forfeit a sum of not less than $10.00 nor more than $200.00, together with the costs of prosecution, and, in case of nonpayment of such forfeiture, shall be imprisoned in the county jail for a term of not more than 30 days or until such judgment is paid, and each day of violation shall constitute a separate offense.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-503. - Plan commission.

The plan commission shall have the powers and duties prescribed in Wis. Stats. § 62.23, and such other powers and duties as shall be vested in the commission from time to time by the village board. In addition to all other powers of the plan commission, the commission shall oversee the functions of the office of the zoning administrator and review and advise the village board regarding proposed amendments to this chapter and related zoning maps; provided, however, that the plan commission shall not grant variances under this chapter in place of action by the board of zoning appeals or amend this chapter in place of official action by the village board.

(Code 1994, § 18.16.2; Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-504. - Board of zoning appeals.

(a)

Appeals to board.

(1)

Appeals to the board of zoning 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 officers. Such appeal shall be taken within 30 days from either the date of actual notice of said decision to the person aggrieved or from the date of the mailing of a copy of said decision to him, whichever is earlier, by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. Filing with the board shall be accomplished by filing with the clerk-treasurer.

(2)

The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(3)

The board shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof by publication once in the village's official newspaper, said publication to be not less than five days before said hearing nor more than 15 days before said hearing and shall give notice to the parties in interest and shall decide the same within a reasonable time.

(4)

A filing fee shall accompany each such appeal and no such appeal shall be deemed properly filed unless said fee is paid. See fee schedule on file in village clerk-treasurer's office.

(b)

Powers of board. The board shall have the following powers:

(1)

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

(2)

To hear and decide special exceptions to the terms of this article upon which the board is required to consider.

(3)

To authorize, upon appeal in specific cases, such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done.

(4)

To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this article for such public utility purposes which are reasonably necessary for public convenience and welfare.

(5)

The board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the administrative official. The concurring vote of four members of the board shall be necessary to reverse any order, requirement or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to affect any variation in the requirements of this article.

(c)

Other powers. In addition to the foregoing, the board shall have the following specific powers:

(1)

To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period of not more than six months.

(2)

To grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of this chapter.

(3)

To permit the temporary storage, as defined herein, of an item otherwise prohibited under section 38-7.

(4)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the official map accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout on the aforesaid map.

(5)

To call on any other village department for assistance in the performance of its duties and it shall be the duty of such other department to render such assistance as may be reasonably required.

(d)

Powers limited. Except as specifically provided, no action of the board shall have the effect of permitting in any district uses prohibited in such district; nor shall such board be permitted to take any action which would, in effect, create a buildable lot smaller than the minimum lot size or area otherwise required by the village.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-505. - Architectural review board.

(a)

Purpose. The purpose of the architectural review board (ARB) is to regulate the exterior design, appearance, use and location of structures, consistent with the provisions of this article, in such a manner as to preserve and enhance values and maintain harmonious relationships among structures.

(b)

Composition; appointment. The architectural review board will consist of three members of the plan commission with two alternates also from the plan commission. These will be appointed by the village president and approved by the village board for a one-year term. They will report to the plan commission on findings and recommendations allowing the plan commission to either approve or disapprove plans.

(1)

The ARB will review all new dwelling plans and all remodeling plans for the exterior of dwellings which require a building permit.

(2)

The zoning administrator will review all minor permits such as for garages, garden sheds, storage buildings, fences, decks and porches and make his recommendation to the plan commission for final approval.

(c)

Principles. To implement and define criteria for the purpose set forth in this article, the following principles are established:

(1)

No building shall be permitted, the design or exterior appearance of which is of unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and village standards.

(2)

No building shall be permitted, the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.

(3)

No building shall be permitted where any exposed facade is constructed or faced with a finished material which is aesthetically incompatible with the other facades and which presents an unattractive appearance to the public and to surrounding properties.

(4)

No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

(5)

Accessory structures for single-, two-, three-family and multifamily buildings shall be of a similar architectural appearance and material as the primary building on the property.

(d)

Administration. The zoning administrator shall require that each zoning permit application be accompanied by the following for review by the architectural review board:

(1)

Three sets of building plans.

(2)

A list of all materials and colors to be used on the exterior.

(3)

Three plot plans with all buildings, driveways, parking areas, top of basement wall or slab on grade elevations and green space.

(4)

An erosion control plan to be in effect during and after construction until lawn is established.

All applications turned in by the second Monday of every month will be reviewed by the ARB and presented to the full plan commission for approval or other recommendation on such time schedule as may be established from time to time by the village board.

(e)

Review and findings. The exterior of any structure, where permits are required, shall not be altered, placed or erected on any lot until the building plans, specifications and site plan showing the location thereof have been approved in writing by the architectural review board. Such review shall be as to size, quality, materials, harmony of exterior design and colors with existing and planned structures, and as to location with respect to topography, neighboring structures, setbacks, finished grade elevations, driveways, landscaping or other natural characteristics of the affected lot, adjacent lots and improvements thereon. The plan commission shall review the referred plans and prepared comments and recommendations of the zoning administrator and/or architectural review board to approve or disapprove of the plans. The plan commission shall not approve any building plans unless it finds, by a preponderance of the evidence after viewing the application, that the structure, as planned, will not violate the principles set forth in subsection (c) of this section.

(f)

Appeals. Any person aggrieved by any decision of the plan commission related to architectural control may appeal the decision to the village board. Such appeal shall be filed with the clerk-treasurer within 30 days after filing of the decision with the zoning administrator.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 1-08, §§ 1, 2, 2-18-2008)

Sec. 38-506. - Changes and amendments.

(a)

Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the village may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this article or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

(b)

Initiation. A change or amendment may be initiated by the village board, the plan commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(c)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the clerk-treasurer and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(1)

A plot plan 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 200 feet of the area proposed to be rezoned.

(2)

The owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Additional information required by the plan commission.

(4)

Refer to fee schedule on file in village clerk-treasurer's office.

(d)

Recommendations. The plan commission shall hold a public hearing as provided for in Wis. Stats. § 62.23(7)(d) and review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the village board.

(e)

Village board action. After careful consideration of the plan commission recommendations, the village board shall vote on the passage of the proposed change or amendment. If the village board denies the proposed change or amendment, a similar petition for such change or amendment may not be submitted for a period of one year.

(f)

Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20 percent or more of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent 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 three-fourths of the members of the village board voting on the proposed change.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-507. - Zoning permit required.

No building or structure, or any part thereof, shall hereafter be built within the village unless a permit therefor shall first be obtained by the owner or his agent from the zoning administrator. No construction shall be commenced prior to the issuance of such permit. Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work. See chapter 6.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-508. - Certificate of occupancy.

(a)

Certificate required. An occupancy permit shall be issued by the building inspector before any vacant land is occupied, and before any new or existing building is occupied as defined below:

(1)

For all types of residential buildings (single and two-family, and multi-family), an occupancy permit shall be issued for the first occupants of the building after its initial construction.

(2)

For all types of commercial, retail, office, and industrial uses, an occupancy permit shall be issued for the first occupants of the building after its initial construction. All subsequent owners, users, or tenants shall also obtain an occupancy permit prior to their occupancy.

(b)

Application for certificate. Application for such certificate shall be made to the building inspector on the form provided by village hall. After reviewing such application, the inspector may require such additional information as they deem necessary.

(c)

Temporary certificate. The board of zoning appeals is hereby authorized to hear and rule on appeals from the denial of such certificates by the building inspector and, upon such terms and with such conditions as it deems proper, may authorize the building inspector to issue a temporary certificate for a limited period of time.

(d)

Fees. The fee shall be in the amount as provided in the village fee schedule.

(e)

Enforcement. Failure to comply with this section relating to occupancy permits may be enforced pursuant to this article or any other provisions of law including, but not limited to, revocation of the permit, injunction, or civil suit. The building inspector shall have authority to require any party occupancy or using property in violation of this code to cease such use and/or vacate the subject property, as is necessary to eliminate the violation. Each day of noncompliance of this section shall constitute a sperate violation as provided in the village fee schedule.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 2025-21, § 1, 12-15-2025)