Zoning Code | Procedures | Prior Review of Land Transfer

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Prior Review of Land Transfer
Before adjoining property owners modify the location of a common lot line (as allowed by state law), the proposal must be reviewed by staff to make sure both of the parcels comply with all zoning standards.

Decision-maker(s): Zoning administrator, Plan Commission on appeal

Review criteria: The review by the Zoning Administrator, and by the Plan Commission on appeal, shall be limited to considering whether the conveyance is in compliance with § 236.45(2)(am)3, Wis. Stats., and the applicable laws cited therein, including these regulations, the Village's zoning regulations, and other applicable laws and ordinances. Such conveyance can only be approved if the same number of lots exist prior to the conveyance as would exist after the conveyance. Such conveyance can only be approved if the resulting lots would all be both legal and conforming, even if any such lots are legal nonconforming prior to the conveyance, because the conveyance creates new lots which do not predate the ordinance and therefore have no legal nonconforming rights. Such conveyance must not be approved if the conveyance includes land that has a legal nonconforming use, because the legal nonconforming rights are limited to use of the preexisting lot. Such conveyance shall not be approved if any of the resulting lots and the existing improvements on the lots would be in violation of applicable open space requirements. Such conveyance shall not be approved if the conveyance would make an existing conforming structure illegal or nonconforming or would increase the extent of any preexisting legal nonconformity of an existing structure.
 
Review procedure
  1. Presubmittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposed transfer.
  2. Submittal of application materials. The applicant shall submit a completed application and other required materials to the Zoning Administrator along with the application fee set forth in the fee schedule adopted from time to time by the Village Board.
  3. Staff review. Within 10 days of submittal, the Zoning Administrator shall either determine that the application is incomplete and notify the applicant, in writing, of any deficiencies or make a decision based on the decision criteria contained in this section to approve the application, approve the application with conditions, or deny the application. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
  4. Applicant notification. Within 15 days following his or her decision to approve or deny the application, the Zoning Administrator shall mail the decision notice to the applicant by regular mail.
  5. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

 
Application fee: There is no fee
Submittal deadline: This application can be submitted anytime.
Application fee: $50, plus professional chargebacks
Submittal deadline: This application can be submitted anytime because it is administrative in nature.