Vernon City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 300-45 Board of Appeals; establishment.
There shall be a Vernon Board of Appeals consisting of five members and two alternates who shall be appointed by the Village Board, but not more than one trustee may be a member of the Vernon Board of Appeals. Vernon Board of Appeals members shall be appointed for terms of one, two, and three years respectively, dating from the first day of the month next following the appointment. Successors shall be appointed in like manner at the expiration of each term, and their terms of office shall be three years in all cases and until their successors are appointed or elected. The members of the Vernon Board of Appeals shall all reside within the Village. The Vernon Board of Appeals shall choose its own chair. The Village Board may compensate the members of the Vernon Board of Appeals. Vacancies shall be filled for the unexpired term of any Vernon Board of Appeals member or alternate whose term becomes vacant.
A.
Meetings. The Vernon Board of Appeals shall adopt rules for the conduct of the business, in accordance with the provisions of this code and § 62.23(7)(e), Wis. Stats. Meetings of the Vernon Board of Appeals shall be held at the call of the chair and at such other times as the Vernon Board of Appeals may determine. Such chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the Vernon Board of Appeals shall be open to the public. The Vernon Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Vernon Board of Appeals and shall be a public record.
B.
Appeals.
(1)
Filing. Appeals to the Vernon Board of Appeals may be taken by any person aggrieved or by any officers, department, board or bureau of the Village affected by any decision of the Village Zoning Administrator. Such appeal shall be taken within 65 days as provided by the rules of the Vernon Board of Appeals, by filing with the Village Zoning Administrator from whom the appeal is taken and with the Vernon Board of Appeals a notice of appeal specifying the grounds thereof, together with the proper fee as established by the Village Board. The Village Zoning Administrator from whom the appeal is taken shall forthwith transmit to the Vernon Board of Appeals all papers constituting the record upon which the action appealed from was taken.
(2)
Stay. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Village Zoning Administrator from whom the appeal is taken certifies to the Vernon 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 Vernon Board of Appeals or by a court of record on application, on notice to the Village Zoning Administrator from whom the appeal is taken and on due cause shown.
(3)
Hearing. Each appeal shall be heard within a reasonable time and not to exceed 65 days from the time the appeal was filed with the Vernon Board of Appeals. Notice of hearing shall be given by publishing in a paper of general circulation in the vicinity of the appeal, at least once each week for two consecutive weeks and not less than seven days from the date of the hearing. In addition, written notice shall be given to the Village Zoning Administrator appealed from, and by certified mail to the applicant, the owners of each parcel of land within 500 feet of the land in question, and any other specifically interested parties. The Village shall place a sign in front of the subject property stating the variance or appeal request, visible from public road, at least 15 days in advance of the hearing. At the hearing, any party may appear in person or by agent or by attorney.
(4)
Decisions. Decision on any appeals shall be made in writing within 35 days after completion of the hearing thereon.
C.
Powers.
(1)
Defined. The Vernon Board of Appeals shall have the following powers as defined by statute: To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the Village Zoning Administrator in the enforcement of this code; and to authorize upon appeal, in specific cases, variances from the terms of this code that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this code will result in unnecessary hardship, and so that the spirit of this code shall be observed and substantial justice done.
(2)
Additional requirements. In making its determination, the Vernon Board of Appeals shall consider whether the variance or use allowed by law 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 location, construction, maintenance and operation, in addition to any which may be stipulated in this code, as the Vernon Board of Appeals may deem necessary for the protection of adjacent properties and the public interest and welfare.
(3)
Unnecessary hardship burden of proof. A property owner bears the burden of proving "unnecessary hardship," for an area variance as defined by the zoning ordinance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome or, for a use variance as defined by this code, by demonstrating that strict compliance with a zoning ordinance would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, the property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.
(4)
Performance standards. In order to reach a fair and objective decision, the Vernon 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 organizations.
(5)
Enforcement of decision. In exercising the powers set out in this code, the Vernon Board of Appeals may, in conformity with the provisions of this code, reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determination appealed from, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the Village Zoning Administrator from whom the appeal is taken; and may issue or direct the issuance of a zoning use permit provided that no such action shall have the effect of permitting in any district a use prohibited in that district; or rezoning; or of permitting, without the approval of the Village Board, any building within the base setback area as established by § 300-9A or of granting exceptions to any federal, state, county, or local rules or requirements.
(6)
Required vote. If a quorum is present, the Vernon Board of Appeals may take action under this section by a majority vote of members present. The grounds of every such determination shall be stated.
(7)
Further appeal. Any person or persons jointly or severally aggrieved by any decision of the Vernon Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the Village, may appeal from a decision of the Vernon Board of Appeals within 30 days after the filing of the decision in the office of the Vernon Board of Appeals in the manner provided in § 62.23(7)(e)(10), Wis. Stats.
(8)
Expiration. The owner or petitioner must exercise any variance that does not involve a permit within three years of the date of the Vernon Board of Appeals granting the variance, or prior to the expiration of the permit if a permit is issued contemporaneously with or prior to the grant of the variance, or the approval shall expire and become null and void, and no refund of any fees shall be made. The Vernon Board of Appeals, upon a written request, may grant an extension of approval without additional fee, prior to such expiration, for good cause as determined by the Vernon Board of Appeals.
§ 300-46 Changes and amendments; authority.
Subject to the provisions of §§ 61.35 and 62.23(7), Wis. Stats., the Village Board may, from time to time, after first submitting the proposal to the Village Plan Commission for recommendation, amend, supplement or change the boundaries of districts or the regulations as established in this code or which may be subsequently established. Such proposal may be initiated by the Village Board, the Village Plan Commission, Village Administrator, or by petition of one or more property owners.
A.
Procedure.
(1)
Filing of petition. All petitions for any change in the text or map submitted by any person or agency other than the Village Board or the Village Plan Commission shall be prepared in triplicate on printed forms provided for that purpose by the Village Clerk. Such petition shall be filed with the Village Clerk and shall be accompanied by a fee as regulated in § 300-46B(4) and payable to the Village to defray the costs of advertising, investigation, and possible changes in the text or map of this code.
(2)
Data required. In addition to all of the information required on the application form, in the case of a request for a map amendment, the applicant shall supply the following:
(a)
A plot map in triplicate drawn to a scale of not less than one-inch equals 100 feet 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.
(b)
The names and addresses of the owners of all properties within 500 feet of any part of the land included in the proposed change.
(c)
Documentation or a letter of compliance from the Village Planner that the proposed request complies with the Village of Vernon Comprehensive Plan.
(d)
Any further information which may be required by the Village Plan Commission to facilitate the making of a comprehensive report to the Village Board, including a detailed description of the intended new use.
(3)
Referral. The Village Clerk shall transmit without delay one copy of such petition to the Village Plan Commission and Village Board.
(4)
Hearing. The Village shall conduct a joint public hearing with the Village Plan Commission and Village Board with proper notice per § 300-46B.
(5)
Decision.
(a)
The Village Plan Commission shall make a recommendation on the petition to the Village Board within 75 days of close of the public hearing.
(b)
Upon receipt of a recommendation from the Village Plan Commission, the Village Board shall make a decision on the petition but if the Village Plan Commission fails to provide a recommendation within 75 days of close of the public hearing, the Village Board may make a decision without a Village Plan Commission recommendation.
B.
Public hearing, purpose. In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by this code.
(1)
Posting and publishing.
(a)
Except as may be otherwise specifically provided in this code, notice of public hearing shall be given by publication for two consecutive weeks in the official newspaper of the Village or in the newspaper of general circulation in the area of the proposed change at least seven days before such public hearing. The failure of such notice to reach any property owner, provided such failure is not intentional, shall not invalidate any amending ordinance, variance or granting of conditional use.
(b)
When the hearing involves a proposed change in the zoning district classification of any property, or appeals to the Vernon Board of Appeals, the notices shall be posted by the Village Clerk and shall mail, by first class, letters of the public hearing to the owners of all lands within 500 feet of any part of the land included in such proposed changeat least 15 days before such public hearing. The failure of such notice to reach a property owner, provided such failure is not intentional, shall not invalidate any amending ordinance or variance. The Village shall place a sign in front of the subject property stating rezoning request, visible from public road, at least 15 days in advance of the 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)
Filing. Where such hearing is required by the provisions of this code as a result of the request for other than a zoning change, such requests shall be presented to the Village Clerk in writing and shall be accompanied by a map or description clearly identifying the property, along with a fee as set forth in § 300-46B(4) payable to the Village to defray the cost of notification and holding of the public hearing.
(4)
Fee schedule. The fees referred to in other provisions of this code shall be established by the Village Board in a fee schedule and may, from time to time, be modified by resolution. Processing fees are related to costs involved in handling conditional use petitions, appeals to the Vernon Board of Appeals, and zoning amendments and changes.
(5)
Special meeting. If an applicant requests a special meeting (other than a regular Village Plan Commission or Village Board meeting) all costs incurred will be the responsibility of the applicant.
§ 300-47 Village Zoning Administrator.
A.
Personnel designated. The Village Planner is designated as the Village Zoning Administrator for the provisions of this code under the direction of the Village Board.
B.
Duties. In the enforcement of this code, the Village Building Inspector shall perform the following duties:
(1)
Issue the necessary zoning use permits, provided the provisions of this code and applicable Village ordinances have been complied with.
(2)
Keep an accurate record of all permits, numbered in the order of issuance, in a record book provided by the Village for this purpose.
(3)
Maintain accurate records and maps pertinent hereto and any amendments or changes thereto.
C.
Authority. In the enforcement of this code the Village Building Inspector shall have the power and authority for the following:
(1)
At a reasonable time, upon reasonable notice or as authorized through conditions of a site plan and plan of operation and/or conditional use approval, and for proper purpose, to enter upon any public or private premises to make inspections thereof.
(2)
Upon reasonable cause or question as to proper compliance, to revoke any building, zoning use 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 code. Such revocation to be in effect until reinstated by the Village Building Inspector or the Vernon Board of Appeals.
(3)
In the name of the Village and with the authorization of the Village Board, to commence any legal proceedings necessary to enforce the provisions of this code or applicable Village ordinances, including the collection of forfeitures provided for in this code.
§ 300-48 Violations and penalties.
A.
Penalties. Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of, any of the provisions of this code, shall be subject to a forfeiture of not less than $10 and not to exceed the sum of $2,000 for each offense, together with the costs of the action, and, in default of the payment thereof, shall be imprisoned in the county jail for a period of not to exceed six months, or until such forfeiture and the subsequent costs have been paid. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.
B.
Enforcement by injunction. Compliance with the provisions of this code may also be enforced by injunctional order at the suit of the Village or one or more owners of real estate situated within the area affected by the regulations of this code. It shall not be necessary to prosecute for fine or imprisonment before resorting to injunctional procedures.
C.
Declared nuisances. Any building erected, structurally altered, or placed on a lot, or become dilapidated, or out of repair, or any use carried on in violation of the provisions of this code, 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.
§ 300-49 Validity.
A.
Repeal of conflicting ordinances. All other ordinances or parts of ordinances in conflict with the provisions of this code are hereby repealed.
B.
Declaration of severability. The several sections, provisions, and paragraphs of this code are herby declared to be severable. If any section, provision, and paragraph of this code shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of this code, or of the section of which the invalid portion or paragraph may be a part.
C.
Effective date. This code shall be in full force and effect upon passage and publication by the Village Board and upon approval of the Waukesha County Board of Supervisors, said publication to consist of posting of three copies thereof in three public places in said Village.
D.
Adoption. This code was adopted by the Town of Vernon Board of Supervisors on September 14, 2016, and the Waukesha County Board of Supervisors on November 22, 2016.