Somerset Village City Zoning Code

ARTICLE L

Administration

§ 13-1-170 General provisions.

[Ord. No. A-692, 2-13-2024]

This Chapter contemplates an administrative and enforcement officer entitled the "Zoning Administration" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this Zoning Chapter require review and action by the Village Board. A Zoning Board of Appeals is provided to assure proper administration of the Chapter and to avoid arbitrariness.

§ 13-1-171 Position of Zoning Administration established.

[Ord. No. A-692, 2-13-2024]

The Zoning Administration is hereby designated as the primary administrative officer for the provisions of this Chapter, and shall be referred to as the Zoning. The Zoning Administration shall be appointed by resolution of the Village Board. The duty of the Zoning Administration shall be to interpret and administer this Chapter and to issue all permits required by this Chapter. The Zoning Administration shall further:

Issue all zoning certificates, and make and maintain records; which records shall be maintained in the Village hall. Duties of Village Clerk and Building Inspector.

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this Chapter. Duties of Building Inspector and Zoning Administration.

Maintain permanent and current records of this Chapter, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefore. Duties of Village Clerk.

Provide and maintain a public information function relative to all matters arising out of this Chapter. Duties of Village Clerk.

Receive, file and forward to the Village Clerk-Treasurer all applications for amendments to this Chapter.

Receive, file and forward to the Plan Commission all applications for conditional uses. Duties of Village Clerk.

Receive, file and forward to the Board of Appeals all applications for appeals, variances, or other matters on which the Board of Appeals is required to act under this Chapter, and shall attend all Board of Appeals meetings to provide technical assistance when requested by the Village Board. Duties of Village Clerk.

Initiate, direct and review from time to time a study of the provisions of this Chapter, and make recommendations to the Plan Commission not less than once a year. Duties of the Zoning Administration.

§ 13-1-172 Roles of Planning Commission, Village Board, and Zoning Board of Appeals in administration of chapter.

[Ord. No. A-692, 2-13-2024]

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, one of its functions is to make recommendations 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 and of its own volition, conduct its own public hearing.

Village Board. The Village Board, the governing body of the Village, subject to recommendations by the Plan Commission, has ultimate authority to make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map; and to amend the text of this Chapter. The Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this subchapter and other provisions therefore elsewhere in this Chapter.

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. See Article N of this Chapter for detail provisions.

§ 13-1-173 Permit requirement; with exception of R1 and R2 application; decision by Zoning Administration.

[Ord. No. A-692, 2-13-2024]

Zoning certificate required. No building permit for a new structure, new use of land, water or air, or change in the use of land, water or air shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered unless the application for such permit has been examined by the office of the Zoning Administration and has affixed to it a certificate of the office of the Zoning Administration indicating that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all of the provisions of this Chapter.

Application. Applications for a zoning permit shall be made to the Zoning Administration and shall include the following where pertinent and necessary for proper review:

Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.

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.

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 Administration: 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.

Additional information as may be required by the Zoning Administration or Plan Commission (if involved).

Action.

A zoning permit shall be granted or denied in writing by the Zoning Administration within sixty (60) days of application. Applicant shall post such permit in a conspicuous place at the site.

The permit shall expire within six (6) months unless substantial work has commenced or within twenty-four (24) 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 application shall reapply for a zoning permit before commencing work on the structure.

Any permit issued in conflict with the provisions of this Chapter shall be null and void.

§ 13-1-174 Required approval of site plan; with exception of R1 and R2 application; evaluation by Village.

[Ord. No. A-692, 2-13-2024]

Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion in an R-3, C-1, C-2, and I-1 District, shall require site plan approval by the Plan Commission in accordance with the requirements of this Section.

Application. The applicant for a zoning or building permit 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.

Administration. The Zoning Administration 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 ten (10) days. The Plan Commission shall review the application and may refer the application and plans to any expert consultants selected by the Plan Commission and/or Village Engineer to advise whether the application and plans meet all the requirements applicable thereto in this Chapter. Within sixty (60) days of its receipt of the application, the Zoning Administration shall issue or refuse a zoning permit.

Requirements. In acting on any site plan, the Plan Commission may impose conditions upon the issuance of site plan approval as it deems necessary to address the following issues:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

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, in this connection, satisfy itself 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.

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

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.

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.

§ 13-1-175 Required certificate of compliance; with exception of R1 and R2 application; issuance for existing uses.

[Ord. No. A-692, 2-13-2024]

Requirement. No vacant land shall hereafter be occupied, used, or developed; and no building shall hereafter be located, moved, reconstructed, or structurally altered; and no nonconforming use shall be maintained, renewed or changed until a certificate of compliance has been issued by the Zoning Administration. Such certificate shall show that the structure or premises or use is in conformance with the provisions of this Chapter. Such certificate shall be applied for at the time a party occupies any land or structure or there is a renewal or change in a nonconforming use.

Application for certificate of compliance shall be made in the same manner as for a zoning permit.

Existing uses. Upon written request from the owner, the Zoning Administration shall issue a certificate of compliance for any building or premises existing at the time of the adoption of this Chapter, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this Chapter.

§ 13-1-176 Enforcement.

[Ord. No. A-692, 2-13-2024]

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, Plan Commission, the Zoning Administration 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.

Remedial action. Whenever an order of the Zoning Administration has not been complied with within thirty (30) days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Village Board, the Zoning Administration or the Village Attorney may institute appropriate legal action or proceedings.

Penalties. Any person, firm or corporation who fails to comply with the provisions of this Chapter or any order of the Zoning Administration 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 Section 1-1-6 of this Code of Ordinances.

Somerset Village City Zoning Code

ARTICLE L

Administration

§ 13-1-170 General provisions.

[Ord. No. A-692, 2-13-2024]

This Chapter contemplates an administrative and enforcement officer entitled the "Zoning Administration" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this Zoning Chapter require review and action by the Village Board. A Zoning Board of Appeals is provided to assure proper administration of the Chapter and to avoid arbitrariness.

§ 13-1-171 Position of Zoning Administration established.

[Ord. No. A-692, 2-13-2024]

The Zoning Administration is hereby designated as the primary administrative officer for the provisions of this Chapter, and shall be referred to as the Zoning. The Zoning Administration shall be appointed by resolution of the Village Board. The duty of the Zoning Administration shall be to interpret and administer this Chapter and to issue all permits required by this Chapter. The Zoning Administration shall further:

Issue all zoning certificates, and make and maintain records; which records shall be maintained in the Village hall. Duties of Village Clerk and Building Inspector.

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this Chapter. Duties of Building Inspector and Zoning Administration.

Maintain permanent and current records of this Chapter, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefore. Duties of Village Clerk.

Provide and maintain a public information function relative to all matters arising out of this Chapter. Duties of Village Clerk.

Receive, file and forward to the Village Clerk-Treasurer all applications for amendments to this Chapter.

Receive, file and forward to the Plan Commission all applications for conditional uses. Duties of Village Clerk.

Receive, file and forward to the Board of Appeals all applications for appeals, variances, or other matters on which the Board of Appeals is required to act under this Chapter, and shall attend all Board of Appeals meetings to provide technical assistance when requested by the Village Board. Duties of Village Clerk.

Initiate, direct and review from time to time a study of the provisions of this Chapter, and make recommendations to the Plan Commission not less than once a year. Duties of the Zoning Administration.

§ 13-1-172 Roles of Planning Commission, Village Board, and Zoning Board of Appeals in administration of chapter.

[Ord. No. A-692, 2-13-2024]

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, one of its functions is to make recommendations 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 and of its own volition, conduct its own public hearing.

Village Board. The Village Board, the governing body of the Village, subject to recommendations by the Plan Commission, has ultimate authority to make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map; and to amend the text of this Chapter. The Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this subchapter and other provisions therefore elsewhere in this Chapter.

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. See Article N of this Chapter for detail provisions.

§ 13-1-173 Permit requirement; with exception of R1 and R2 application; decision by Zoning Administration.

[Ord. No. A-692, 2-13-2024]

Zoning certificate required. No building permit for a new structure, new use of land, water or air, or change in the use of land, water or air shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered unless the application for such permit has been examined by the office of the Zoning Administration and has affixed to it a certificate of the office of the Zoning Administration indicating that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all of the provisions of this Chapter.

Application. Applications for a zoning permit shall be made to the Zoning Administration and shall include the following where pertinent and necessary for proper review:

Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.

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.

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 Administration: 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.

Additional information as may be required by the Zoning Administration or Plan Commission (if involved).

Action.

A zoning permit shall be granted or denied in writing by the Zoning Administration within sixty (60) days of application. Applicant shall post such permit in a conspicuous place at the site.

The permit shall expire within six (6) months unless substantial work has commenced or within twenty-four (24) 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 application shall reapply for a zoning permit before commencing work on the structure.

Any permit issued in conflict with the provisions of this Chapter shall be null and void.

§ 13-1-174 Required approval of site plan; with exception of R1 and R2 application; evaluation by Village.

[Ord. No. A-692, 2-13-2024]

Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion in an R-3, C-1, C-2, and I-1 District, shall require site plan approval by the Plan Commission in accordance with the requirements of this Section.

Application. The applicant for a zoning or building permit 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.

Administration. The Zoning Administration 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 ten (10) days. The Plan Commission shall review the application and may refer the application and plans to any expert consultants selected by the Plan Commission and/or Village Engineer to advise whether the application and plans meet all the requirements applicable thereto in this Chapter. Within sixty (60) days of its receipt of the application, the Zoning Administration shall issue or refuse a zoning permit.

Requirements. In acting on any site plan, the Plan Commission may impose conditions upon the issuance of site plan approval as it deems necessary to address the following issues:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

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, in this connection, satisfy itself 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.

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

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.

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.

§ 13-1-175 Required certificate of compliance; with exception of R1 and R2 application; issuance for existing uses.

[Ord. No. A-692, 2-13-2024]

Requirement. No vacant land shall hereafter be occupied, used, or developed; and no building shall hereafter be located, moved, reconstructed, or structurally altered; and no nonconforming use shall be maintained, renewed or changed until a certificate of compliance has been issued by the Zoning Administration. Such certificate shall show that the structure or premises or use is in conformance with the provisions of this Chapter. Such certificate shall be applied for at the time a party occupies any land or structure or there is a renewal or change in a nonconforming use.

Application for certificate of compliance shall be made in the same manner as for a zoning permit.

Existing uses. Upon written request from the owner, the Zoning Administration shall issue a certificate of compliance for any building or premises existing at the time of the adoption of this Chapter, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this Chapter.

§ 13-1-176 Enforcement.

[Ord. No. A-692, 2-13-2024]

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, Plan Commission, the Zoning Administration 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.

Remedial action. Whenever an order of the Zoning Administration has not been complied with within thirty (30) days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Village Board, the Zoning Administration or the Village Attorney may institute appropriate legal action or proceedings.

Penalties. Any person, firm or corporation who fails to comply with the provisions of this Chapter or any order of the Zoning Administration 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 Section 1-1-6 of this Code of Ordinances.