SECTION 7.0800 ADMINISTRATION
7.0801 PLAN COMMISSION. The Village Plan Commission shall have the duties of making reports and recommendations related to the planning and development of the Village. The Commission, 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.
7.0802 ZONING ADMINISTRATOR DESIGNATED. The Village Building Inspector is hereby designated as the zoning administrator and shall function as the administrative and enforcement officer for the provisions of this Ordinance. The duty of the Building Inspector shall be to interpret and administer this Ordinance and to issue all permits required by this Ordinance. The Building Inspector shall further:
A. Maintain Records of all permits issued, inspections made, work approved, and other official actions.
B. Record the Lowest Floor Elevations of all structures erected, moved, altered, or improved in the floodplain.
C. Inspect all structures, lands, and waters as often as necessary to assure compliance with this Ordinance.
D. 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 Ordinance to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney in a manner specified by him.
E. Assist the Village Attorney in the prosecution of Ordinance violations.
F. Be Permitted Access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this Ordinance. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Section 66.122 of the Wisconsin Statutes.
G. Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
H. Request Assistance and cooperation from the Village Police Department and Village Attorney as deemed necessary.
7.0803 BUILDING PERMIT REQUIRED. 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 Section 7.1004 of this Ordinance. Applications for a building permit shall be made, on the forms provided, to the Building Inspector and shall include the following additional information:
A. Proposed Sewage Disposal Plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued for the installation of an onsite soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The Village Engineer shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.
B. Proposed Water Supply Plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 112 of the Wisconsin Administrative Code and shall be approved by the Village Engineer who shall certify in writing that an adequate and safe supply of water will be provided.
C. Additional Information as may be required by the Village.
D. A Building Permit shall be granted or denied in writing by the Building Inspector. Any permit issued in conflict with provisions of this Ordinance shall be null and void.
7.0804 SPECIAL USE PERMITS. Subject to such conditions as determined by the Village Board of Trustees to be necessary to fulfill the purpose and intent of this Ordinance, the Village Board may grant special use permits conditionally permitting the use of land and/or buildings within the Village.
A. Special Use Permits may be granted for the following purposes:
1. Municipal and/or public utility buildings.
2. Places of worship, on parcels at least 15 contiguous acres in area, all of which land is owned by the proposed permittee.
3. Schools, elementary and secondary, on parcels at least 15 contiguous acres in area, all of which land is owned by the proposed permittee.
4. Clubs, incorporated as nonprofit corporations as defined in Chapter 181 of the Wisconsin Statutes, on parcels at least 15 contiguous acres in area, all of which land is owned by the proposed permittee.
5. Nature preserves owned by or held in trust for any nonprofit organization and used for the purpose of preserving native wild plant and animal life and educating members of the public with respect thereto, on parcels at least 15 contiguous acres in area, all of which land is owned by the proposed permittee.
6. Combination art and sculpture museum and sculpture park owned and operated exclusively by a nonprofit educational or benevolent organization on a parcel or parcels at least 25 contiguous acres in area, all of which land is owned by the proposed permittee; provided that it shall be used for:
(a) educational and benevolent activities, including exhibits of sculpture, paintings and other art works; and,
(b) preservation of native wild plants (Ord#500, 4/27/2007)
7. Wireless communication facilities located entirely on property owned and used by the Village of River Hills for municipal purposes, subject to the following conditions:
a. Overall Plan. The developer shall prepare a plan showing the number and potential location of all antenna sites needed within a 5-mile radius of the Village to complete the communications network.
b. Co-Location. If the application includes a new tower, the applicant shall demonstrate to the Village the need for a new tower and shall agree, in writing, that, if the Village approves a new tower, the structure shall be made available for co-location of similar communications equipment operated by other companies.
c. Setbacks.
(1) Towers shall be located on the lot so that the distance from the base of the tower to any adjoining property line is a minimum of 60 percent of the tower’s height.
(2) Any storage building associated with a cellular tower shall meet the setback requirements for principal buildings in the district in which it is located. A storage building shall not be classified as an “accessory use” or “accessory building.”
d. Structural Standards. New or modified towers shall be certified by a registered engineer to be in accordance with applicable structural standards for design and construction of antennas.
e. Abandonment. Abandoned or unused antennas, towers or portions of towers shall be removed within 12 months of the cessation of operations at the site. In the event that a tower is not removed within 12 months of cessation of operations at a site, the tower may be removed by the Village and the costs of removal assessed against the property.
f. Tower Appearance and Illumination.
(1) A surface paint or finish shall be used that reduces the visibility of the tower, except as required for towers regulated by the Wisconsin Division of Aeronautics or the Federal Aviation Administration,
(2) Towers shall not be illuminated and shall not display strobe lights, except as required by the Wisconsin Division of Aeronautics or the Federal Aviation Administration.
g. Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
h. Interference with Public Safety or Other Telecommunications. No new or existing telecommunications service shall interfere with public safety or other telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Village at least 30 calendar days in advance of such changes and allow the Village to monitor interference levels during the testing process.
i. Landscaping and Building Materials. Landscaping shall be installed or existing vegetation shall be maintained for the purpose of screening the base of towers and their associated buildings. The following regulations shall apply:
(1) Support buildings in association with cellular towers shall be constructed of natural materials such as wood, brick, or stone and shall be designed to be architecturally compatible with the exterior of the residential buildings in the neighborhood. Pitched, not flat, roofs shall be used.
(2) For all towers, a buffer area shall be provided along all property lines, including street lines.
(3) Existing trees and shrubs on the site shall be preserved to the greatest practical extent. The site plan shall show any existing trees and shrubs to be removed.
j. Additional Submittal Requirements. In addition to the information required elsewhere in this Ordinance, applications for towers or the location of antennas on towers shall include the following supplemental information:
(1) A report from a qualified and licensed professional engineer which:
(a) Describes the tower height and design including a cross section and elevation;
(b) Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(c) Describes the tower’s capacity, including the number and type of antennas that it can accommodate;
(d) Documents what steps the applicant will take to avoid interference with established public safety tele-communications;
(e) Includes a State of Wisconsin licensed engineer’s stamp and registration number;
(f) Includes all other information necessary to evaluate the request.
(2) Documentation that the proposed tower meets the Federal Communications Commission radiation emission standards.
(3) Before the issuance of a building permit, the following supplemental information shall be submitted:
(a) Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration.
(b) A report from a qualified State of Wisconsin licensed professional engineer which demonstrates the tower’s compliance with the aforementioned structural and electrical standards.
(4) Any other applicable or relevant information required by the Village Board to demonstrate that the application shall not be detrimental to the health, safety, general prosperity, and general welfare of the Village.
8. Community living arrangements as defined in Section 46.03 (22) Wis. Stats., subject to all procedures, requirements, and conditions of this Ordinance and Section 62.23 (7)(i) Wis. Stats.
a. No such special use permit shall be granted authorizing the use of land and/or buildings for community living arrangement purposes with a capacity for 9 to 15 persons on any parcel of land less than 10 contiguous acres, all of which land is owned by the proposed permittee.
b. No such special use permit shall be granted authorizing the use of land and/or buildings for community living arrangement purposes with a capacity greater than 15 persons on any parcel of land less than 15 contiguous acres, all of which land is owned by the proposed permittee.
9. Athletic facilities owned and used exclusively by a public school district (as defined in the Wisconsin statutes), on a parcel or parcels that are contiguous to land owned and used by the school district for school buildings and school purposes; provided that the parcel or parcels shall be used for athletic facility uses that are customarily incidental to the principal school uses of the public school district’s contiguous land. (Cr. Ord # 523, 11/21/14)
B. Procedure and Fee. All applications for special use permits, including amendments thereto, shall be made to the Village Clerk on forms furnished by the Clerk, shall be accompanied by a filing fee in the amount of One Thousand Dollars ($1,000.00), except as set forth in Subsection 7.0804.I.5, and shall include the following where pertinent and necessary for proper review by the Village Plan Commission and Board:
1. The names and addresses of the applicant(s), owner(s) of the site, architect, professional engineer, contractor(s), and all opposite and abutting property owners of record.
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; and the zoning district within which the subject site is located.
3. A site plan of the existing and proposed structures, improvements, easements, streets and other public ways; offstreet parking, loading areas and drive-ways; existing highway access restrictions; and existing and proposed topography. Site plans shall be drawn to scale not less than 1 inch equals 30 feet, with the name of the project noted. One colored rendering of the site plan shall be submitted along with 25 copies of the site plan and related documents and data.
4. An operations plan of the proposed use.
5. A landscaping plan showing location, amount, size and type of proposed landscaping and plantings including berms with slope ratios of side slopes.
6. Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations to the nearest datum, uses, and sizes of the following: subject site; existing and proposed topography; existing and proposed structures; existing and proposed easements, streets, and other public ways; offstreet parking, loading areas and drive-ways; existing highway access restrictions; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 200 feet of the subject site, and the mean and historic high water lines and floodlands on or within 100 feet of the subject site.
7. Additional information such as proposed location, design and dimensions of all signs, general floor plans, groundwater conditions, stormwater management plan, areas subject to inundation by flood waters, depths of inundation, flood-proofing measures and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure or its effect on flood flows, proposed signage, and traffic or noise impact analysis, financial information, or such additional information as may be required by the Village for a proper determination of the application.
C. Referral to Plan Commission. All applications for special use permits which meet the provisions of Subsection 7.0804.B, shall be referred by the Village Board to the Village Plan Commission for its findings and recommendations to the Village Board. Unless the report of the Plan Commission is made within 60 days or such longer period as may be stipulated by the Village Board, the Board may take action without the report of the Plan Commission.
D. Review Requirements.
1. Both the Village Board and the Plan Commission shall review the application, the site, existing and proposed structures, architectural plans, proposed location, design and dimensions of signs, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, water disposal, sewage disposal, water supply systems, and existing and/or proposed uses of similar nature within the Village, the location of existing uses of similar nature in adjoining communities, and the effects of the proposed use, structure, operation and improvement upon the property values of the Village, the finances of the Village, and the safety, health, morals, aesthetics, and general welfare of the Village. 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 may be required by the Village Board of Trustees upon its finding that these are necessary to fulfill the purpose and intent of this Ordinance.
2. Before granting any such special use permit, the Village Board shall, in each case, find as a fact that the proposed use and/or structures are not hazardous, harmful, offensive or otherwise adverse to the environmental quality, water quality or property values in the Village, that the requirements of sanitation will be met, that the nature of the proposed use and/or structure will not be detrimental to the safety, health, morals, aesthetics, and general welfare of the Village, that a need exists within the Village for the use/or structure at the site proposed, and the proposed special use will benefit the Village and its residents.
3. In determining whether a need exists for a special use and whether the proposed special use will benefit the Village and its residents, the Village Board shall take into consideration:
a. The number and location of uses of similar types and nature to that proposed which already exist within the Village or within neighboring municipalities;
b. The availability of other sites properly zoned for such use within neighboring municipalities;
c. In the case of places of worship, the existence of other places of worship of the same denomination and faith presently located both within the Village and within neighboring municipalities;
d. The proximity of such use to existing nonresidential uses within the Village;
e. The existing use and development of abutting lands within the Village;
f. The particular benefits which will accrue to the Village and its residents from the existence of the proposed use at the proposed location.
E. Conditions
1. All buildings allowed by such special use permit shall cover not more than 3 percent of the parcel on which said buildings are to be situated; provided, however, that all such buildings to be situated on a parcel exceeding 50 acres may cover up to 4 percent of said parcel; and provided further that upon parcels of 5.5 acres or less for which a special use permit has been granted prior to January 1, 2005 for use as a house of worship, the buildings may cover up to 6% of said parcel. (Ord. 490, 1/18/05) (Ord. 493, 5/18/05)
2. The Village Board, in the granting of any special use permit or in the amendment of any existing special use permit shall impose appropriate conditions such as, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, surety provisions to insure compliance with the conditions imposed, lighting, fencing, physical location of structures, size and number of signs, water supply and waste disposal systems, street dedication, certified survey maps, flood proofing, water diversion, silting basins, terraces, stream bank protection, deed restrictions, highway access restrictions, increased yards or additional parking, and may further restrict the use allowed to the named permittee, and not to its assigns or successors, all for the purpose of insuring that the use permitted is in harmony with the purpose and intent of this Ordinance.
3. No permittee shall deviate from the specific conditions imposed without prior written permission from the Village Board, and no accessory uses shall be permitted without special approval therefor.
4. If the use of land and/or buildings for the use allowed by a special use permit is discontinued for a period of 12 consecutive months, any future use of such land and/or building shall conform to the use regulations for the district in which it is located, and the special use previously permitted may not be resumed.
5. A buffer yard shall be created and maintained around all non-residential uses which abut residential uses. Buffer yards shall be a minimum of 20 feet in width and shall screen non-residential uses from adjoining lands in such a manner that:
a. If the buffer yard is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such varieties as to provide adequate visual screening within no more than 2 years and during all seasons of the year.
b. Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side, and all walls and fences shall be maintained in a structurally sound and attractive condition.
c. All landscaping shall be maintained by the owner or operator to the satisfaction of the Building Inspector.
d. Where the land adjacent to the buffer yard is a parking lot, the buffer yard shall be sufficiently opaque to prevent the penetration of headlight glare. Overhead lighting installed in or adjacent to a buffer yard shall not throw any rays onto adjacent residential properties.
F. Compliance/Modifications. Special uses shall be subject to all other provisions of this Ordinance and the Village Building Code, except that any such building may be erected to a height in excess of the height limitation found in Section 7.0209 upon approval by the Village Board. Ornamental and/or mechanical appurtenances may exceed said maximum height limit upon approval by the Village Board and when erected in accordance with all other applicable ordinances of the Village.
G. Public Hearing. The Village Board of Trustees or, upon request by the Board, the Village Plan Commission, shall hold a public hearing on each application, giving public notice as specified in Section 7.1200 of this Ordinance. The Village Board may subsequently issue the special use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.
H. Notice of Final Action and Right to Appeal
1. The Village Clerk shall cause notice to be given of the final action of the Village Board in granting, denying, amending, suspending or revoking a special use permit by publishing a concise summary of the action of the Village Board as a Class 1 Notice within 10 days after the date of the Village Board’s action, which notice shall contain advice regarding the right of any person aggrieved to appeal the action of the Village Board to the Board of Appeals.
2. Any person aggrieved by an action of the Village Board in granting, denying, amending, suspending or revoking a special use permit may appeal the action of the Village Board to the Village Board of Appeals within 20 calendar days of the date of publication of the notice of the final action of the Village Board. All such appeals shall be filed, heard, and decided by the Board of Appeals in accordance with the provisions of Section 7.1000 of this Ordinance.
I. Amendments
1. Amendments By Village. To further ensure that the use permitted is in harmony with the purpose and intent of this Ordinance, the Village Board may reserve the right to amend the special use permit and to impose additional terms, conditions, restrictions and limitations upon the use of the lands and/or structures for the purpose of insuring that the permitted use will not be detrimental to the health, safety, general prosperity and general welfare of the Village of River Hills.
2. Amendments by Grantee. In the event that any holder of a special use permit desires to use the land and/or structures for which the special use permit was granted, in any manner different than the specific manner for which the permit was granted, to vary or change any conditions or restrictions imposed in the special use permit, to transfer, lease or assign the lands and/or structures for which the special use permit has been granted, to use the lands and/or structures for accessory uses, to materially change or enlarge the physical structures within which the special use is conducted, or for which the special use permit was granted, shall petition the Village Board for an amendment to the special use permit.
3. The process for amending a special use permit by the Village or the Grantee shall follow the same procedures as those required for granting an initial special use permit as set forth in this Section.
4. All of the provisions of this Section, including the fee provisions except as set forth in Subsection 7.0804.I.5, shall apply to any such petition and the request for the amendment to the special use permit shall be granted or denied upon the same criteria which governs the issuance of an initial special use permit.
5. Applications for amendment to a special use permit issued for a place of worship to use the lands or structures for accessory uses shall be accompanied by a filing fee in the amount of Five Hundred Dollars ($500.00).
J. Revocation of Special Use Permits. Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the special use permit issued by the Village Board of Trustees or should the use, or characteristics of the use be changed without prior approval by the Village Board of Trustees, the special use permit may be revoked. The process for revoking a special use permit shall generally follow the procedures for granting a special use permit.
7.0805 HILL, MOUND, OR BERM PERMIT A permit shall be required to construct a hill, mound, or berm exceeding 4 feet in height. Applications for such hill, mound or berm require the approval of the Village Building Board, which may consider such application at a regular or special meeting. The application shall include all information as set forth in Subsection 7.0906.
7.0806 OTHER PERMITS It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, county or municipal agency.
7.0807 SALE OF PROPERTY REDUCING AREA BELOW MINIMUM No person, firm or corporation shall sell, transfer or otherwise dispose of any portion of a lot subsequent to the application for and during the life of a building permit for the erection of a building upon said lot issued pursuant to such application or after the erection of a building, whereby the area of said lot is reduced below the minimum requirements of this ordinance.
7.0808 LOTS PURCHASED; REDUCING AREA No person, firm, or corporation purchasing land within the Village of River Hills, whereby the seller violates the provisions of this Ordinance, as specified in Subsection 7.0807 of this section, may include the area of land so purchased as a portion of his lot for the purpose of computing the area thereof in applying for a building permit, except insofar as the land so purchased was in excess of the amount required by the seller at the time of the transfer in order that the seller’s lot might comply with the minimum requirements of this Ordinance applicable thereto.
7.0809 ENFORCEMENT BY BUILDING INSPECTOR It shall be the duty of the Building Inspector of the Village of River Hills to enforce the provisions of this ordinance. Appeals from the decisions of the Building Inspector involving the provisions of this ordinance may be made to the Board of Appeals.
7.0810 VIOLATIONS In the event that any building or structure is or is proposed to be erected, constructed or reconstructed, or any land is or is proposed to be used in violation of any provision of this Ordinance or in violation of any of the terms, conditions, restrictions or limitations imposed in a special use permit, whether imposed at the time of its issuance or subsequent to its initial issuance, the Building Inspector or the Village Attorney may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent or enjoin, abate, or remove such unlawful erection, construction, reconstruction or use.
7.0811 REMEDIAL ACTION Whenever an order of the Building Inspector has not been complied with, 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. The Building Inspector or the Village Attorney may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent or enjoin, abate, or remove such unlawful erection, construction, reconstruction or use.
7.0812 PENALTIES Any person, firm, or corporation that fails to comply with the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500) and costs of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.