The Village Building Inspector is appointed Zoning Administrator
for the purpose of administering and enforcing this chapter. The Zoning
Administrator shall have the following duties and powers:
A.
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms.
B.
Issue permits and inspect properties for compliance with this chapter.
C.
Keep records of all permits issued, inspections made, work approved
and other official actions.
D.
Have access to any structure or premises between the hours of 8:00
a.m. and 6:00 p.m. for the purpose of performing these duties.
E.
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation and map or text amendments
within 10 days after they are granted or denied to the appropriate
district office of the Department.
A.
When required. Unless another section of this chapter specifically
exempts certain types of development from this requirement, a zoning
permit shall be obtained from the Zoning Administrator before any
new development, as defined in § 612-41 of this chapter,
or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a permit shall be made to the Zoning
Administrator upon forms furnished by the Village and shall include,
for the purpose of proper enforcement of these regulations, the following
information:
(2)
Site development plan. The site development plan shall be drawn to
scale and submitted as a part of the permit application form and shall
contain the following information:
(a)
Dimensions and area of the lot;
(b)
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways;
(c)
Description of any existing or proposed on-site sewage systems
or private water supply systems;
(d)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(e)
Boundaries of all wetlands;
(f)
Existing and proposed topographic and drainage features and
vegetative cover;
(g)
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps used to delineate floodplain
areas;
(h)
Location of existing or future access roads; and
(i)
Specifications and dimensions for areas of proposed wetland
alteration.
C.
Expiration. All permits issued under the authority of this chapter
shall expire 12 months from the date of issuance.
A.
Certificates of compliance. Except where no zoning permit or conditional
use permit is required, no land shall be occupied or used, and no
building which is hereafter constructed, altered, added to, modified,
rebuilt or replaced shall be occupied, until a certificate of compliance
is issued by the Zoning Administrator subject to the following provisions:
(1)
The certificate of compliance shall show that the building or premises
or part thereof, and the proposed use thereof, conform to the provisions
of this chapter.
(2)
Application for such certificate shall be concurrent with the application
for a zoning or conditional use permit.
(3)
The certificate of compliance shall be issued within 10 days after
notification of the completion of the work specified in the zoning
or conditional use permit, provided the building or premises and proposed
use thereof conform to all the provisions of this chapter.
B.
Temporary certificate. The Zoning Administrator may issue a temporary
certificate of compliance for a building, premises or part thereof
pursuant to rules and regulations established by the Village Board.
C.
Issued upon written request. Upon written request from the owner,
the Zoning Administrator shall issue a certificate of compliance for
any building or premises existing at the time of adoption of this
chapter, certifying after inspection the extent and type of use made
of the building or premises and whether or not such use conforms to
the provisions of this chapter.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 612-11, the Zoning Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Zoning Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
The Village Board, by resolution, shall establish fees for the
following:
Where a zoning permit or conditional use permit is approved,
an appropriate record shall be made by the Zoning Administrator of
the land use and structures permitted.
Where the conditions of a zoning permit or conditional use permit
are violated, the permit shall be revoked by the Zoning Board of Appeals.
A.
Appointment. The Village President shall appoint a Zoning Board of Appeals under Chapter 18 of this Code and § 62.23(7)(e), Wis. Stats., consisting of five members and two alternate members, subject to confirmation by the Village Board. The Zoning Board of Appeals shall adopt rules for the conduct of the business of the Zoning Board of Appeals as required by § 62.23(7)(e)3, Wis. Stats.[1]
B.
Powers and duties. The Zoning Board of Appeals:
(1)
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
(2)
Shall hear and decide applications for conditional use permits under
this chapter.
(3)
May authorize, upon appeal, a variance from the dimensional standards
of this chapter where an applicant convincingly demonstrates that:
(a)
Literal enforcement of the terms of this chapter will result
in unnecessary hardship for the applicant.
(b)
The hardship is due to special conditions unique to the property
and is not self-created or based solely on economic gain or loss.
(c)
Such variance is not contrary to the public interest as expressed
by the purpose of this chapter.
(d)
Such variance will not grant or increase any use of property
which is prohibited in the zoning district.
C.
Appeals to the Board. Appeals to the Zoning Board of Appeals may
be taken by any person aggrieved or by an officer, department, board
or bureau of the community affected by any order, requirement, decision
or determination of the Zoning Administrator or other administrative
official. Such appeals shall be taken within a reasonable time, as
provided by the rules of the Board, by filing with the official from
whom the appeal is taken and with the Zoning Board of Appeals a notice
of appeal specifying the reasons therefor. The Zoning Administrator
or other official from whom the appeal is taken shall transmit to
the Board all the papers constituting the record on which the appeal
action was taken.
D.
Public hearings.
(1)
Before making a decision on an appeal, the Zoning Board of Appeals
shall, within a reasonable period of time, hold a public hearing.
The Board shall give public notice of the hearing by publishing a
Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time
and place of the hearing and the matters to come before the Board.
At the public hearing, any party may appear in person, by agent or
by attorney and present testimony.
(2)
A copy of such notice shall be mailed to the parties in interest
and the appropriate district office of the Department at least 10
days prior to all public hearings on issues involving shoreland-wetland
zoning.
E.
Decisions.
(1)
The final disposition of an appeal, or application for a conditional
use permit, to the Zoning Board of Appeals shall be in the form of
a written decision, made within a reasonable time after the public
hearing, signed by the Board chairperson. Such decision shall state
the specific facts which are the basis of the Board's determination
and shall either affirm, reverse or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or persecution, or grant the application
for a conditional use.
The Village Board may alter, supplement or change the district
boundaries and the regulations contained in this chapter in accordance
with the requirements of § 62.23(7)(d)2, Wis. Stats., Ch.
NR 117, Wis. Adm. Code, and the following:
A.
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of the submission of the proposed amendment to the Village Plan Commission.
B.
All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the municipal Plan Commission, and
a public hearing shall be held as required by § 62.23(7)(d)2,
Wis. Stats. The appropriate district office of the Department shall
be provided with written notice of the public hearing at least 20
days prior to such hearing.
C.
In order to ensure that the shoreland protection objectives in § 281.31,
Wis. Stats., will be accomplished by the amendment, the Village Board
may not rezone a wetland in a Shoreland-Wetland Zoning District, or
any portion thereof, where the proposed rezoning may result in a significant
adverse impact upon any of the following:
(1)
Storm and floodwater storage capacity;
(2)
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
(3)
Filtering or storage of sediments, nutrients, heavy metals or organic
compounds that would otherwise drain into navigable waters;
(4)
Shoreline protection against soil erosion;
(5)
Fish spawning, breeding, nursery or feeding grounds;
(6)
Wildlife habitat; or
(7)
Areas of special recreational, scenic or scientific interest, including
scarce wetland types and habitat of endangered species.
D.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
E.
The appropriate district office of the Department shall be provided
with:
(1)
A copy of the recommendations and report, if any, of the municipal
Plan Commission on the proposed text or map amendment within 10 days
after the submission of those recommendations to the Village Board;
and
(2)
Written notice of the Village Board's action on the proposed
text or map amendment within 10 days after the action is taken.
F.
If the Department notifies the municipal Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, that proposed amendment, if approved by the Village Board, may not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department, as required by Subsection E of this section. If, within the thirty-day period, the Department notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under §§ 62.231(6) and 61.351(6), Wis. Stats., is completed or otherwise terminated.