A.
Where the subdivider alleges that extraordinary hardships
or particular difficulties may result from strict compliance with
these regulations, he/she may request variations or exceptions to
the regulations so that substantial justice may be done and the public
interest secured, provided that such variation or exception shall
not have the effect of nullifying the intent and purpose of this chapter.
Application for any such variance shall be made in writing by the
subdivider to the City Administrator at the time when the preliminary
plat or certified survey is filed for consideration, stating fully
all facts relied upon by the petitioner, and shall be supplemented
with maps, plans, or other additional data which may aid City officials
in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions
necessary to guarantee the full achievement of the plan. The City
Administrator may request that the City Engineer, City Attorney or
other officials review each situation to ensure that the request is
consistent with the requirements and standards of this chapter. The
Plan Commission shall make a recommendation to the City Council. The
previous granting of variances or exceptions in the same or similar
circumstances shall not of itself constitute grounds for the granting
of a variance or exception, nor shall strictly financial rationale.
B.
The Plan Commission shall not recommend, nor shall
the City Council grant, variations or exceptions to the regulations
of this chapter unless it shall make findings based upon the evidence
presented to it in each specific case that:
(1)
Failure to grant the variation may be detrimental
to the public safety, health or welfare or injurious to other property
or improvements in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation
is based are unique to the property for which the variation is sought
and are not applicable generally to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
financial hardship or self-imposed hardship, if the strict letter
of the regulations were carried out.
(4)
There would be no costs (present or future) to the
City resulting from the granting of the variance or exception.
C.
Any recommendations for variances or exceptions by
the Plan Commission must be approved by a majority vote of the Plan
Commission and shall be so endorsed by the Secretary and transmitted
to the City Council. The City Council, if it approves, shall do so
by resolution adopted by majority vote and shall instruct the City
Administrator to notify the Plan Commission and the subdivider.
D.
Variances from the strict application of this chapter
may also be granted in accordance with this chapter in the case of
planned unit developments, provided that the City Council, upon review
and recommendations from the Plan Commission, shall find that the
proposed development is fully consistent with the purpose and intent
of this chapter, City zoning ordinances, and any City Comprehensive
Plan.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or
the Wisconsin Statutes, and no person shall be issued a building permit
by the City authorizing the building on, or improvement of, any subdivision,
land division, certified survey, or replat with the jurisdiction of
this chapter not of record as of the effective date of this chapter
until the provisions and requirements of this chapter have been fully
met. The City of Weyauwega may institute appropriate action or proceedings
to enjoin violations of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
(2)
Recordation improperly made has penalties provided
in § 236.30, Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties
provided for in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as
provided for in § 236.32, Wis. Stats.
(5)
Assessor's plat made under § 70.27, Wis.
Stats., may be ordered by the City at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Revocation of permits and/or approvals.
(1)
The City Engineer, Supervisor of Public Works or Building
Inspector may revoke or suspend any permit or approval issued under
the regulations of this chapter and may stop construction or use of
approved materials, equipment, methods of construction, devices or
appliances for any of the following reasons:
(a)
Whenever the City Engineer shall find at any
time that applicable ordinances, laws, orders, plans and specifications
are not being complied with and that the subdivider or his contractor
has refused to conform after written warning or instruction has been
issued to him/her.
(b)
Whenever the continuance of any construction
becomes dangerous to life or property.
(c)
Whenever there is any violation of any condition
or provisions of the application for permit, or of the permit or of
any approval.
(d)
Whenever, in the opinion of the City Engineer,
Supervisor of Public Works or Building Inspector, the subdivider has
provided inadequate management of the project.
(e)
Whenever any false statement or misrepresentation
has been made in the application for permit, plans, drawings, data
specifications or certified lot or plot plan on which the issuance
of the permit or approval was based.
(2)
The notice revoking a permit or approval shall be
in writing and may be served upon the applicant for the permit, owner
of the premises and his/her agent, if any, and/or on the person having
charge of construction.
(3)
A revocation placard shall also be posted upon the
premises in question by the City Engineer, Supervisor of Public Works
or Building Inspector.
(4)
After the notice is served upon the persons as aforesaid
and posted, it shall be unlawful for any person to proceed thereafter
with any construction operation whatsoever on the premises, and the
permit which has been so revoked shall be null and void, and before
any construction or operation is again resumed a new permit, as required
by this chapter, shall be procured and fees paid therefor, and thereafter
the resumption of any construction or operation shall be in compliance
with the regulation of this chapter. However, such work as the City
Engineer, Supervisor of Public Works or Building Inspector may order
as a condition precedent to the reissuance of the building permit
may be performed or such work as he/she may require for the preservation
of life and safety.
(5)
Any appeals of such revocations or suspensions must
be made in writing and within seven calendar days to the City Administrator
for consideration by the City Council at its next regularly scheduled
meeting, provided that the appeal is filed not less than seven days
prior to the meeting date.
(6)
The Building Inspector is hereby directed to withhold
the issuance of building permits within the land division until compliance
with the provisions of this chapter is obtained.
(7)
The Building Inspector is hereby directed to withhold
the issuance of occupancy permits within the land division if violations
of this chapter may result in health or safety problems for the occupants.
D.
Appeals. Any person aggrieved by an objection to a
plat or certified survey, or a failure to approve a plat or certified
survey, may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10, 14 and 15, Wis. Stats., within 30 days of notification
of the rejection of the plat or certified survey. Where failure to
approve is based on an unsatisfied objection, the agency making the
objection shall be made a party to the action. The court may direct
that the plat or certified survey be approved if it finds that the
action of the approving or objecting agency is arbitrary, unreasonable
or discriminatory.
A.
The purpose of requiring approvals under this chapter
is to ensure the health, safety, morale, comfort, prosperity and general
welfare of the City of Weyauwega. This chapter shall not be interpreted
as placing any responsibility or liability on any City official, City
employee, or the City as a municipal corporation for the granting
of approval or the denial of any approval. All approvals rendered
as part of this chapter shall be considered as being approved conditionally
based on the information and circumstances apparent at that time.
B.
Approvals issued by the City shall not be construed
as an assumption or expression of any responsibility, warranty, or
guarantee for the design or construction of any improvements within
the land division.
C.
The City does not guarantee, warrant, or represent
that only those areas delineated as floodlands on plats and certified
survey maps will be subject to periodic inundation, nor does the City
guarantee, warrant, or represent that the soils shown to be unsuited
for a given land use from tests required by this chapter are the only
unsuited soils within the jurisdiction of this chapter, and thereby
asserts that there is no liability on the part of the City Council,
its agencies, or employees for flooding problems, sanitation problems,
or structural damages that may occur as a result of reliance upon,
and conformance with, this chapter.
Pursuant to § 236.293, Wis. Stats.,
any restriction placed on platted lands by covenant, grant of easement,
land division, certified survey, or consolidation approval which was
required by the City and which names a public body or public utility
as grantee, promisee or beneficiary vests in the public body or utility
the right to enforce the restriction by law or in equity against anyone
who has interest in the land subject to the restriction. The restriction
may be released or waived by resolution of the City Council.
