Theresa City Zoning Code
ARTICLE XII
Administration
§ 350-87 General administrative system.
This chapter contemplates an administrative and enforcement officer titled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses and planned unit development conditional uses, changes in zoning districts and the Zoning Map, and amending the text of this 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.
§ 350-88 Zoning Administrator.
A.
The Village Board shall designate a Village official to serve as the Zoning Administrator and as the administrative enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Zoning Administrator shall further:
(1)
Maintain records of all permits issued, inspections made, work approved and other official actions.
(2)
Record the lowest floor elevations of all structures erected, moved, altered or improved in the floodland districts.
(3)
Establish that all necessary permits that are required for floodland uses by state and federal law have been secured.
(4)
Inspect all structures, lands and waters as often as necessary to assure compliance with this chapter.
(5)
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 chapter to the owner, resident, agent or occupant of the premises and report uncorrected violations to the Village Attorney in a manner specified by him.
(6)
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
(7)
Request assistance and cooperation from the Village Clerk-Treasurer, Building Inspector and Village Attorney as deemed necessary.
B.
Due to the size of the Village of Theresa it may not be feasible to find a suitable person willing to take on the responsibility of being Zoning Administrator on a part-time basis. The Village President will serve as Zoning Administrator and will be assisted by the Director of Public Works, Village Clerk-Treasurer and Building Inspector.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 350-89 Village Board and Zoning Board of Appeals.
A.
Village Board. The Village Board, the governing body of the Village, subject to the holding of public hearings by said Board, has ultimate authority to grant permitted conditional uses and planned unit development conditional uses, to make changes and amendments in zoning districts, the Zoning Map and Official Floodplain Zoning Map and to amend the text of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
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 XIV of this chapter for detail provisions.
§ 350-90 Zoning permit.
A.
Required. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit. The zoning permit may be issued as part of issuance of a building permit; there shall be a charge for only one permit under such circumstances.
B.
Application. Applications for a zoning permit shall be made to the Zoning Administrator and shall include the following where pertinent and necessary for proper review:
(1)
Names 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 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.
(3)
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 Administrator: 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.
(4)
Proposed water supply plan if municipal water service is not available. This plan shall be reviewed by the Village Engineer. The owner shall certify, in writing, that an adequate and safe supply of water will be provided.
(5)
Additional information as may be required by the Village Board, Village Engineer, and Zoning Administrator or Building Inspector, including all information required for site plan approval under § 350-92.
(6)
Fee receipt from the Village Clerk-Treasurer in the amount prescribed by Chapter 167, Fees.
C.
Action.
(1)
A zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application, and the applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within six months unless substantial work has commenced or within 18 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 applicant shall reapply for a zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 350-91 Occupancy permit; certificate of zoning compliance.
A.
Requirement. No building, or addition thereto, constructed after the original effective date of this chapter and no addition, alteration, reconstruction, extension, enlargement, conversion, or structural alteration to a previously existing building shall be occupied or used for any purpose until an occupancy permit has been issued by the Zoning Administrator. Every occupancy permit shall state that the use or occupancy complies with all the provisions of this chapter. An occupancy permit shall also be required for any new use, or change in use, of land or building.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
Issuance of occupancy permits. No occupancy permit for a land use or a building constructed after the effective date of this chapter shall be issued until construction is substantially completed and the premises inspected and certified by the Zoning Administrator to be in conformity with the plans and specifications upon which the building permit was issued.
C.
Issuance of certificates for nonconforming uses. Any person, firm, or corporation having a legal or equitable interest in a property which is nonconforming as to standards may request a certificate of zoning compliance. The applicant shall present documentary proof that said use was a permitted use at the time it originated and was made nonconforming by the adoption of this chapter or amendment thereto. After verifying that the use in question is in fact a nonconforming use, the Zoning Administrator shall issue a certificate of zoning compliance stating the use in question and the zoning of the property.
§ 350-92 Site plan approval.
A.
Site plan approval. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by the Village Board in accordance with the requirements of this section.
B.
Application. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Village Board or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
C.
Administration. The Zoning Administrator shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the Village Board within 10 days. The Village Board shall review the application and may refer the application and plans to any expert consultants selected by the Village Board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Village Board shall authorize the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Village Board shall consider the following:
(1)
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
(2)
The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; and 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.
(3)
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site. The Village Board 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.
E.
Effect on municipal services. Before granting any site approval, the Village Board 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 Village Board shall not issue final approval until the Village Board has entered into an agreement with the applicant regarding the development of such facilities.
§ 350-93 Violations and penalties.
A.
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, the Zoning Administrator 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.
B.
Remedial action. 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 Zoning Administrator or the Village Attorney may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement may, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Chapter 1, § 1-5 of this Code.