Wales Village City Zoning Code
ARTICLE XIII
Administration
§ 435-105 Plan Commission.
The Village Plan Commission shall have the duty of making reports and recommendations relating to the planning and development of the Village to public officials; agencies; public utility companies; civic, educational, professional, and other organizations; and citizens. The Plan Commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning in accordance with § 12-2 of the Village Code.
§ 435-106 Building Inspector.
The Village Building Inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Building Inspector shall be to interpret and administer this chapter and to issue, after on-site inspection if needed, all permits required by this chapter. The Building Inspector shall further:
A.
Maintain records of all permits issued, inspections made, work approved, and other official actions.
B.
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
C.
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.
D.
Assist the Village Attorney in the prosecution of Code violations.
E.
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats., except in cases of emergency.
F.
Prohibit the use or erection of any structure, land, or water until he has inspected and approved such use or erection.
G.
Request assistance and cooperation from the Waukesha County Sheriff's Department and Village Attorney as deemed necessary.
H.
Recommend to the Village Board and Plan Commission any additional regulations deemed necessary.
I.
Attend meetings of the Village Plan Commission or the Zoning Board of Appeals, or a designee from the office of the Building Inspector shall attend such meetings, for the purpose of providing technical assistance when requested by the Plan Commission or Board.
§ 435-107 Building permit.
No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a building permit from the Building Inspector, unless otherwise exempted pursuant to § 435-108 of this chapter, and all other permits have been obtained from the applicable federal, state, and county agency by the owner.
A.
Applications for a building permit shall be made to the Building Inspector on forms provided by the Building Inspector or Village Clerk and shall include the following where applicable:
(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 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 registered land surveyor or other map drawn to scale and approved by the Village Building Inspector showing the location, boundaries, dimensions, elevations, uses, and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking and loading areas and driveways; existing highway access restrictions; wetland, woodland, steep slope (12% or greater), ordinary high-water marks, and channel boundaries; and existing and proposed street, side, and rear yards. In addition, the plat or map shall show the location and use of any abutting lands and their structures within 40 feet of the subject site.
(4)
Proposed sewage disposal and water supply plans, if municipal sewerage and water services are not available, which shall comply with all Village codes, Chs. SPS 383 and 385, Wis. Adm. Code, Ch. NR 812, Wis. Adm. Code, and other applicable laws and regulations. Waukesha County must certify that adequate and safe sewage disposal is possible on the site, based on the sewage disposal plan, prior to issuance of a building permit. Percolation tests shall be provided.
(5)
Condominium declaration. Any developer of land in the Village of Wales who elects to create a condominium pursuant to Ch. 703, Wis. Stats., shall submit a copy of the condominium declaration, and any amendment thereto, to the Building Inspector to be attached to the file copy of the building permit application.
(6)
Additional information as may be required by the Village Plan Commission, Village Engineer, or Building Inspector.
B.
A building permit shall be granted or denied in writing by the Building Inspector within 30 days after application. The permit shall expire within 12 months unless substantial work has commenced, and within 18 months if the structure for which the permit was issued is not substantially completed, unless upon showing of valid cause the Building Inspector grants an extension of such permit for a period not to exceed six months. Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 435-108 Uses exempt from building permit requirement.
No building permit shall be required for any of the following:
A.
For any improvement or nonstructural alteration to an existing building less than 100 square feet in area which does not effect a change in use.
B.
For repairs that do not alter the size or position of an existing structure on a lot. Such repairs shall not include the replacement or alteration of bearing walls.
§ 435-109 Certificate of occupancy permit.
A.
No vacant land that has been permitted to be developed, and no building or premises that has been permitted to be erected, altered, or moved, or created a change in use, and no nonconforming use that has been permitted to be renewed, changed, or extended in accordance with the provisions of this chapter and other pertinent codes shall be occupied or used until a certificate of occupancy permit has been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this chapter. The certificate shall be applied for at the time of occupancy of any land and/or building. An inspection shall be made, if possible, within 10 days after notification of the completion of the erection, alteration, or relocation of a building or of intent to commence occupancy or use.
B.
No land, building, or part of a building used or proposed to be used for business or industrial purposes shall be occupied by a new tenant or owner or have the use changed without the issuance of a certificate of occupancy permit. Such certificate shall show that the building or premises or part thereof is in compliance with the applicable zoning, building, electrical, plumbing, and fire prevention codes of the Village of Wales. A certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use by the new owner. Application for a certificate of occupancy permit shall be made in the same manner as an application for a building permit pursuant to § 435-107 of this chapter, including the provision of a plan of operation. An application for a certificate of occupancy permit shall be filed prior to any major remodeling, change of use, or change of occupant. The Plan Commission shall review the proposed application, including a plan of operation, report its findings and recommendations to the Village Board, and may further recommend conditions where such conditions are deemed necessary to fulfill the purpose and intent of this chapter. After consideration of the Plan Commission's recommendations, the Village Board's approval instructs the Building Inspector to issue the certificate of occupancy permit as applied for or with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.
C.
Application for a certificate of occupancy permit shall be made through the Building Inspector on forms provided by the Building Inspector or Village Clerk.
D.
A fee receipt from the Village Clerk shall be obtained in accordance with § 435-112 of this chapter.
E.
Temporary certificate of occupancy permit. Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupancy. A temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants, and the applicant shall provide a financial guarantee to ensure that the proposed development will be completed in accordance with approved plans. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.
§ 435-110 Conditional use permit.
The Village Board, after consideration of the Village Plan Commission's recommendation, may issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the Village.
A.
Applications for conditional use permits shall be made on forms furnished by the Village Clerk and shall include the following where pertinent and necessary for proper review by the Plan Commission:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners within 300 feet of the site.
(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; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.
(3)
Plat of survey prepared by a registered land surveyor or other map drawn to scale and approved by the Building Inspector showing all of the information required under § 435-107A for a building permit. In addition, the plat or map shall show the location and use of any abutting lands and their structures within 40 feet of the subject site; slopes and ground surface elevations; mean and historic (ordinary) high-water lines on or within 40 feet of the subject premises; and existing and proposed landscaping when required by the Village Plan Commission.
(4)
Additional information as may be required by the Village Board, Village Plan Commission, Village Engineer, or the Building Inspector.
(5)
Fee receipt from the Village Clerk in accordance with § 435-112 of this chapter. Costs incurred by the Village Board in retaining legal, planning, engineering, and other technical and professional advice in connection with the review of conditional use applications and the preparation of conditions to be imposed on such uses shall be charged to the applicant.
B.
Review and recommendation. The Village Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed plan of operation. The Plan Commission shall report its findings and recommendations to the Village Board and may further recommend conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, where such conditions are deemed necessary to fulfill the purpose and intent of this chapter.
C.
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses. Variances shall only be granted as provided in Article X of this chapter.
D.
Public hearing. The Village Plan Commission shall hold a public hearing upon each application giving public notice as specified in Article XII of this chapter.
E.
Notice to DNR. The Village Board shall transmit a copy of each application for a conservancy conditional use in the shoreland portion of the C-1 District to the Wisconsin Department of Natural Resources (DNR) at least 10 days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland conservancy conditional use decisions shall be transmitted to the DNR within 10 days following the decision.
F.
Village Board action. Following the public hearing and after consideration of the Village Plan Commission's recommendations, the Village Board may issue the conditional use permit as applied for or with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.
G.
Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.
H.
Revocations of conditional use permit. Should a permit applicant or his heirs or assigns fail to comply with the conditions of the permit issued by the Village Board or should the use, or characteristics of the use, be changed without prior approval by the Village Board, the conditional use permit may be revoked by the Village Board upon 10 days' notice to the permit holder. The permit holder shall be entitled to a hearing before the Village Board on the question of revocation of the conditional use permit, and approval of the Village Board shall be required for the reinstatement of any conditional use permit. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.
§ 435-111 Other permits.
It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or county agency. This includes, but is not limited to, a water use permit pursuant to Ch. 30, Wis. Stats., a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act and/or a water quality certification from the Wisconsin Department of Natural Resources.
§ 435-112 Permit fees.
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 Clerk to help defray the cost of administration, investigation, advertising, and processing of permits and variances. The permits for which a fee is required are the building permit, conditional use permit, certificate of occupancy permit, sign permit, and erosion control permit. A fee shall also be required for a zoning text or map amendment and a zoning appeal or variance. All fees shall be established by separate resolution by the Village Board in the Village of Wales Fee Schedule, which may be amended from time to time. Any applications filed by the Village Board, Plan Commission, Engineer, or Building Inspector are exempt from the fee requirement.
§ 435-113 Double fee.
A double fee shall be charged by the Building Inspector if work is started before a permit is applied for and issued or if a building or the premises is occupied prior to the issuance of a certificate of occupancy permit. Such double fee shall not release the applicant from full compliance with this chapter or from prosecution for violation of this chapter.
§ 435-114 Unlawful acts; authority to enjoin violations.
It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this chapter or the Wisconsin Statutes. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the Village Board, the Building Inspector, the Village Plan Commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter or applicable Wisconsin Statutes.
§ 435-115 Remedial action.
Whenever an order of the Building Inspector 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 Building Inspector, or the Village Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.
§ 435-116 Violations and penalties.
Any person, firm, or corporation who or which violates, disobeys, neglects, omits, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or any regulation, rule, or order made hereunder shall be subject to a penalty as provided in § 1-4 of the Village of Wales Code.