Salem Lakes City Zoning Code
PART II
Administration
§ 490-2.1 Planning and Development Administrator.
A.
There is hereby created the position of Planning and Development Administrator, who shall be appointed by the Village Board.
B.
The Planning and Development Administrator shall perform those duties assigned to him by the Village Board and shall interpret and administer this chapter and issue, after on-site inspection, all permits required by this chapter. The Planning and Development Administrator shall further maintain records relating to and necessary for the administration and enforcement of this chapter.
§ 490-3.1 Applications required.
A.
No buildings, patios, structures or any parts thereof, or any development, except as hereinafter provided in this chapter, shall be built, enlarged, altered, repaired, demolished, placed or moved within the areas subject to the provisions of this chapter until a permit has been applied for in writing and issued by the Planning and Development Administrator. For the purposes of this section, to alter or repair a building or structure shall be construed to mean to change the dimensions, square footage, cubic footage, or structural supports of a building or structure or to change the structure in such a way that the future use of the premises is inconsistent with the district wherein the parcel is located. All permits issued by the Planning and Development Administrator shall be issued only upon the condition that such Administrator or his designee may inspect the premises for compliance during reasonable daylight hours.
[Amended 8-9-2021 by Ord. No. 2021.08-41]
B.
No new business or industry established in an existing structure shall be permitted to commence its operation until such time as a certificate of compliance has been issued by the Planning and Development Administrator, certifying that the proposed use or operation is in compliance with the terms of this chapter.
C.
Applications for permits required by this chapter shall be made to the Planning and Development Administrator on forms furnished by the office as authorized by this chapter and shall include all information and data required by such forms.
D.
Applications for zoning permits required by this chapter shall fully comply with § 145.195, Wis. Stats., and with the Kenosha County Sanitary Code and Private Sewage System Ordinance, both of which may be amended from time to time.
E.
No application shall be accepted by the Planning and Development Administrator if the parcel for which a permit is being applied is not in compliance with any provision of this chapter.
F.
Any application for a permit under this chapter or any use subject to the regulations and standards set forth herein shall be accompanied by a sworn statement by the owner of the subject property that said property and use will be operated in accordance with the provisions of this chapter.
G.
Such forms shall include the following information or as deemed appropriate by the Planning and Development Administrator:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and authorized agent and their respective phone numbers.
(2)
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; addresses of the subject sites; type of structure; existing and proposed operation or use of the structure or sites; number of employees; anticipated patrons or maximum seating capacity; and the zoning district within which the subject site lies, tax parcel number, date of purchase and projected cost of construction.
(3)
A plat of survey and/or site plan layout consisting of a survey prepared by a professional land surveyor or other map drawn to scale and approved by the Planning and Development Administrator, showing the locations, boundaries, dimensions, uses and sizes of the following, as deemed appropriate by the Planning and Development Administrator: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways and utilities; off-street parking, loading areas, and driveways; existing highway access restrictions; ordinary high-water mark; channel, floodway, floodplain, and shoreland boundaries; and existing and proposed street, side, rear and shore yard setbacks. In addition, the site plan or plat of survey shall show, when required by the Planning and Development Administrator, the type, slope and boundaries of soils shown on the operational soil survey maps prepared by the United States Department of Agriculture Natural Resources Conservation Service for the Southeastern Wisconsin Regional Planning Commission. Also, such survey/site plan shall show, when required by the Planning and Development Administrator, any natural features such as waterways, woods, terrain, etc., which would tend to restrict the development of the parcel. Such survey or plan shall also show the location and size of any septic field, holding tank, well, utilities and roadways. Dimensions for street, side, rear and shore yard setbacks shall be clearly shown. All permit applications for new principal structures in any district shall be accompanied by a plat of survey prepared by a professional land surveyor.
(4)
The permit fee specified in § 490-3.8.
(5)
Additional information that may be required by the Village Plan Commission, Village Board or County Sanitary Inspector.
(6)
The elevation of the lowest floor of proposed buildings and any fill using the North American Vertical Datum (NAVD).
(7)
Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Article 45, Floodplain Zoning Regulations, are met; and
(8)
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge.
H.
Development and substantial improvements in the floodplain districts may require a hydraulic and hydrologic study. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State of Wisconsin. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department of Natural Resources and must meet the requirements detailed in Appendix B.[1]
[1]
Editor's Note: Appendix B, Hydraulic and Hydrologic Studies, is included as an attachment to this chapter.
§ 490-3.2 Applications not required.
Except for development and substantial improvements in the floodplain districts, permits shall not be required for:
A.
Farm buildings and structures which are not for human habitation and which are not permanently fixed to the ground and which are readily removable in their entirety, provided that street, side, rear and shore yard setback requirements for that district are met. This exemption, however, shall not apply to roadside stands more than 300 square feet in area used for the sale of farm products or other goods and services produced solely on the parcel.
B.
Farm improvements such as drainage irrigation systems, grass waterways and terraces, and farm fences, except as outlined in this chapter.
C.
Public utilities such as gas and oil pipe lines, electric and telephone transmission and distribution lines, poles and other accessories which shall be permitted in all districts, except for those areas defined as shoreland areas; provided, however, that when a utility proposes a major inter-city transmission line or pipeline, it shall give notice to the Plan Commission of such intention and of the time and place of hearing before the Public Service Commission; and provided, further, that at the request of the Plan Commission, the utility shall meet with it to discuss the routing of said transmission line or pipe line and, before actual construction, file a mapped description of the route of such transmission line with the Plan Commission.
D.
Repairs and other alterations which do not change the cubic footage of a building or structure and do not constitute a change in use and meet all street, side, rear and shore yard setback requirements.
E.
Sidewalks, walkways, and fire pits.
[Amended 8-9-2021 by Ord. No. 2021.08-41]
F.
Structures 150 square feet or less in area and not more than 12 feet in height. Such structures must, however, conform to the yard requirements of the district in which they are located or, if the structure is located in the rear yard, with the requirements set forth in § 490-31.2 of this chapter.
G.
Steps and stairs to a dwelling in conformance with § 490-31.2A(28) of this chapter.
H.
Village-owned utilities.
§ 490-3.3 Time limits.
[Amended 8-9-2021 by Ord. No. 2021.08-42]
A.
All permits, except conditional use permits and stipulated shoreland permits, shall be granted or denied in writing, within 30 days after application, by the Planning and Development Administrator.
B.
All stipulated shoreland permits shall be granted or denied within 60 days after application, unless the time is extended by mutual agreement.
C.
The applicant shall post any permit granted in a conspicuous place at the site.
D.
All zoning permits shall expire within 18 months.
E.
The permit may be extended for a maximum of six months for good and sufficient cause.
F.
Any permit issued in conflict with the provisions of this chapter shall be null and void.
G.
If, after commencement of the application process, an applicant fails to provide information necessary to process the application for a period of six months after request by the Village, the application will be deemed abandoned, and the fees paid, if any, forfeited. Thereafter, the application will not be considered except as new application under this section upon the applicant's resubmission of all required application materials.
§ 490-3.4 Foundation survey requirements.
A.
Except as provided for in Subsections B and C, any person erecting, moving, enlarging or reconstructing a structure which, under this chapter, requires a zoning permit shall, upon completion of the construction of footings, concrete slab or other foundations, submit to the Planning and Development Administrator either i) a survey prepared by a professional land surveyor, showing the locations, boundaries, dimensions, elevations and size of the following: the boundaries of the lot, all existing structures (including foundations) and their relationship to the lot lines or ii) other map drawn to scale and approved by the Planning and Development Administrator containing such information together with an executed waiver of liability of foundation survey as provided in Subsection C. The Planning and Development Administrator shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the permit application. No further construction may commence unless the Planning and Development Administrator shall find, based upon the information submitted on behalf of the permit holder, that the foundation location is consistent with the permit as issued. Failure to comply with the requirements of this section shall be grounds for the issuance of a citation pursuant to § 490-36.3 of this chapter and attendant penalties.
[Amended 11-9-2020 by Ord. No. 2020.11-23]
B.
A foundation survey shall not be required for the construction of any structure located at least 200 feet from any property line or 200 feet from any navigable body of water.
C.
In addition to the exception provided for in Subsection B above, the foundation survey requirements may be waived at the option of the permit applicant for any construction, except for construction of a principal structure and for the construction of a new foundation under an existing principal structure, provided that the permit applicant shall file and record with the Planning and Development Administrator and with the Kenosha County Register of Deeds a "Waiver of Liability of Foundation Survey," which shall be binding on the permit applicant and his estate and which shall forewarn future owners of said parcel of the lack of a certified foundation survey verifying that structures located on the parcel are in conformity with this chapter and, further, that if any error is made on the placement of any construction or structure, or if a zoning violation is later discovered, the applicant and his estate shall move the construction or structure so as to conform with the zoning regulations effective on the date the permit was issued and shall further pay all consequent damages. Structures illegally located on a parcel are in violation of this chapter. Applicable statute of limitations for prosecution of such violations shall not begin to run until such time as a certified survey has been filed with the Planning and Development Administrator and the Register of Deeds, indicating the location of the structures on the parcel.
§ 490-3.5 Certificate of compliance.
A.
A certificate of compliance shall be required in the following instances:
(1)
No vacant land shall be occupied, used, developed or substantially improved; and no building hereafter erected, altered or moved shall be occupied; and no floodplain shall be filled, excavated or developed; and no nonconforming use shall be maintained, renewed or changed until a combined certificate of compliance shall have been issued by the Village of Salem Lakes Planning and Development Administrator, Village Building Inspector and the Village of Salem Lakes Fire/Rescue Department. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such certificate shall be issued only when the building or premises and the proposed use thereof conform to all requirements of this chapter. Application for the combined certificate of compliance shall be filed with the Planning and Development Administrator.
(2)
Upon the establishment of a new business or industry in an existing structure, as set forth in § 490-3.1B of this chapter.
B.
Under the above circumstances, no person, firm or corporation shall occupy, use or cause to be used any land or building as set forth above until the Planning and Development Administrator has issued a written certificate of compliance.
C.
If, following inspection, the Planning and Development Administrator determines that the holder of a permit issued under this chapter is not in strict compliance with the terms and provisions of such permit and the provisions of this chapter, the Planning and Development Administrator may issue a written notice revoking said permit effective 10 days after the issuance of said notice. The Planning and Development Administrator may reinstate such permit upon the issuance of a new certificate of compliance pursuant to the provisions of this section.
[Added 11-8-2021 by Ord. No. 2021.11-47]
§ 490-3.6 Other permits.
It is the responsibility of a permit applicant to secure all other necessary permits required by any federal, state or local agency. This includes, but is not limited to, a water use permit pursuant to Chapters 30 and 31 of the Wisconsin Statutes or a wetland fill permit required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344, as amended.
§ 490-3.7 Disclaimer.
All permits issued by the Planning and Development Administrator and Village Board shall note the following disclaimer therein: "Each applicant for a zoning permit is charged with knowledge of the Village of Salem Lakes General Zoning and Shoreland/Floodplain Zoning Ordinance. Copies of the text of this chapter or portions thereof and copies of the Official Zoning Maps are available for sale, copying or inspection upon request. Any statement made, assurance given or permit erroneously issued contrary to this chapter is null and void."
§ 490-3.8 Fees.
A.
All persons, firms or corporations performing work which by this chapter requires the issuance of a permit shall pay a fee for such permit to the Village of Salem Lakes Planning and Development Administrator to help defray the cost of administration, investigation, advertising and processing of permits and variances in accordance with the schedule maintained by the Village Clerk as amended from time to time by resolution of the Village Board.
[Amended 12-9-2019 by Ord. No. 2019.12-9]
B.
The Village of Salem Lakes shall be exempt from payment of any of the above fees in Subsection A.
§ 490-3.9 Triple fees.
A triple fee shall be charged by the Administrator if construction, as defined in this chapter, is started before a permit is applied for and issued. Such triple fees shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
§ 490-3.10 Disposition of fees.
All fees collected by the Village of Salem Lakes Planning and Development Administrator for permits issued through that office shall be retained by the Village of Salem Lakes. Village employees shall not be eligible to retain any of the fees collected.
§ 490-3.11 Refunds.
No refunds of fees paid under § 490-3.8 shall be made after any costs have been incurred by the Planning and Development Administrator in processing applications or permits.
§ 490-4.1 Hours.
[Amended 6-17-2024 by Ord. No. 2024.06-85]
The Planning and Development Department shall be open to the public on Monday through Friday from 8:00 a.m. to 4:30 p.m., except on Village-observed holidays or any other day as designated by the Village Board.
§ 490-4.2 Records and tapes.
The Planning and Development Administrator shall be responsible for keeping all records and indexes for petitions, applications, complaints, permits, studies, plans, officially approved maps, surveys, plats, resolutions, reports, accounts, determinations and findings, minutes of official proceedings and tapes of such proceedings by parcel number wherever feasible. Such records shall be deemed to be public records and open to the public except when directed by the Village of Salem Lakes Village Board in accordance with Wisconsin Statutes. Office records maintained by the Planning and Development Administrator shall not be destroyed except in accordance with state law and with Village Board approval. The source of complaints for violations of those ordinances to be enforced by the Planning and Development Administrator shall not be revealed if the complainant has been given a promise of confidentiality.
§ 490-4.3 Forms.
Only those forms prepared by the Planning and Development Administrator shall be used in zoning matters unless prescribed by state statute, the Village of Salem Lakes Board, or this chapter.
§ 490-4.4 Legal notice requirements and time limits.
Any petition or other matter requiring the publication of a legal notice must be submitted at least one month prior to the requested hearing date as scheduled by the Village Plan Commission or Zoning Board of Appeals. For purposes of this section, "one month prior to the requested hearing date" shall be defined to mean not later than 3:30 p.m. on the same calendar date of the month preceding the scheduled hearing or the last day Village offices are open prior to the aforementioned deadline.
§ 490-4.5 Office of Zoning Board of Appeals.
When so designated by the Village of Salem Lakes Zoning Board of Appeals, the Planning and Development Administrator shall serve as the office of the Village of Salem Lakes Zoning Board of Appeals for the purpose of filing any papers required by statute and requested by the Zoning Board of Appeals, and for the purpose of keeping minutes of the Zoning Board of Appeals and preparing any papers required by the Zoning Board of Appeals.
§ 490-4.6 Office assistance.
The Planning and Development Administrator shall receive assistance from the Kenosha County Sheriff, Kenosha County Surveyor, Village of Salem Lakes Assessor, Village of Salem Lakes Village Attorney's Office, Kenosha County Register of Deeds Office, Salem Lakes Department of Public Works and Salem Lakes Park Commission.