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No building or structure, or any part thereof, shall hereafter be built within the village unless a permit therefore shall first be obtained by the owner or his agent from the Zoning Administrator. No construction shall be commenced prior to the issuance of such permit. Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work. See also Chapter 150.
(Ord. 03-2016, passed 7-14-2016)
(A) Certificate required. No vacant land shall be used or occupied for other than an approved use in the zoning district in which it is located and no building hereafter moved into or relocated within the village shall be so occupied or used until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall show that the building or land or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. No such certificate shall be required for any property for which a valid zoning permit providing for such use or occupancy exists.
(B) Application for certificate. Application for such certificate shall be made to the Building Inspector, in writing, on such form and containing such information as the applicant deems sufficient to advise such Inspector of his request. After reviewing such application, the Inspector may require such additional information as he deems necessary.
(C) Temporary certificate. The Building Inspector may issue temporary certificates of occupancy for a designated period in the event all code requirements cannot be completed because of weather conditions. The Inspector may require a cash bond to guarantee the completion of the work within the designated period.
(D) Payment of fees required. No certificate of occupancy shall be granted until the sewer connection charge, site fee and all permit fees are paid
(Ord. 03-2016, passed 7-14-2016)
(B) Power of the Board. The Board shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official.
(2) To hear and decide special exceptions to the terms of this chapter upon which the Board is required to consider.
(3) To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(4) Permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter for such public utility purposes which are reasonably necessary for public convenience and welfare.
(5) The Board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the administrative official. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.
(C) Other powers. In addition to the foregoing, the Board shall have the following specific powers:
(1) To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period of not more than six months.
(2) To grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of this chapter.
(3) To permit the temporary storage, as defined herein, of an item otherwise prohibited under § 155.03.
(4) To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the Official Zoning Map accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout on the aforesaid map.
(D) Powers limited. Except as specifically provided, no action of the Board shall have the effect of permitting in any district uses prohibited in such district; nor shall such Board be permitted to take any action which would, in effect, create a buildable lot smaller than the minimum lot size or area otherwise required by the village.
(E) Appeals to the Board.
(1) Appeals of any administrative determination of any officer, department, Zoning Administrator, Building Inspector, or the Plan Commission concerning the literal enforcement of this chapter and Chapters 150 and 153 may be made by any person aggrieved or by any officer or department of the Village. Such appeals shall be filed with the Secretary within 30 days after receiving actual or constructive notice of the administrative decision, order, or denial of a permit by the any officer, department, Zoning Administrator, Building Inspector, or the Plan Commission. Such appeals and applications shall include the following:
(a) The name and address of the applicant.
(b) What administrative determination is being appealed and the basis for the appeal.
(2) The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(3) The Board shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof by publication once in the village's official newspaper, said publication to be not less than seven days before said hearing nor more than 15 days before said hearing and shall give notice to the parties in interest and shall decide the same within a reasonable time.
(F) Notice of granting permits. Upon the issuance of any permit provided for in this Code by the Village Board or the Plan Commission which requires an administrative determination, the Village Clerk shall, upon the request of the grantee of such permit, prepare a public notice suitable for publication and providing the following:
(1) A brief description of the permit granted and the date of issuance.
(2) The governmental body which issued the permit.
(3) The name of the grantee and the address where the activity permitted under the permit will take place.
(4) A reference to the 30-day appeal period provided under division (E) above.
(Ord. 03-2016, passed 7-14-2016)
(A) Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the village may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.
(B) Initiation. A change or amendment may be initiated by the Village Board, the Plan Commission or by a petition of one or more of the owners of property within the area proposed to be changed.
(C) Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village Clerk and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
(1) A plot plan showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.
(2) The owner's names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
(3) Additional information required by the Plan Commission.
(D) Recommendations. The Plan Commission shall hold a public hearing with a Class II Notice as provided in Wis. Stats. § 62.23(7)(d) and review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the Village Board.
(E) Village Board action. After careful consideration of the Plan Commission recommendations, the Village Board shall vote on the passage of the proposed change or amendment. If the Village Board denies the proposed change or amendment, a similar petition for such change or amendment may not be submitted for a period of one year.
(F) Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the members of the Village Board voting on the proposed change.
(Ord. 03-2016, passed 7-14-2016)
(A) (1) All persons performing work which, by this chapter, requires the issuance of a permit shall pay a fee for such permit to the Village Treasury to help defray the cost of administration, investigation, advertising and processing of permits and variances. The fee for permits shall be as follows:
(a) Zoning permit as provided in § 36.04
(b) Occupancy permit as provided in § 36.04
(c) Conditional use permit as provided in § 36.04
(d) Variance or appeal as provided in § 36.04
(e) Amendment to ordinance (map or text) as provided in § 36.04
(f) Site plan review and approval as provided in § 36.04
(g) Architectural control as provided in § 36.04
(2) A double fee as provided in § 36.04 shall be charged by the Building Inspector or Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this section or from prosecution for violation of this section.
(B) Enforcement and penalties. Any building or structure herein erected, moved, placed or structurally altered or any use herein established in violation of the provisions of this section by any person (including a building contractor or his/her agent) shall be deemed an unlawful structure or use. The Plan Commission may direct the Village Attorney to bring an action to enjoin, remove or vacate any use, erection, moving, alteration or placement of any building or use in violation of this section. Any person who violates this section shall, upon conviction thereof, forfeit a fine as provided in § 36.04
for each violation. A separate offense occurs each day a violation occurs and/or continues.
(Ord. 03-2016, passed 7-14-2016; Ord. 03-2019, passed 2-14-2019)
Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall forfeit a fine as provided in § 36.04, together with the costs of prosecution, and, in case of nonpayment of such forfeiture, shall be imprisoned in the County Jail for a term of not more than 30 days or until judgement is paid, and each day of violation shall constitute a separate offense.
(Ord. 03-2019, passed 2-14-2019)