This chapter contemplates an administrative
and enforcement officer titled the "Zoning Administrator" to administer
and enforce the same. Certain considerations, particularly with regard
to granting of permitted conditional uses and planned unit development
conditional uses, changes in zoning districts and zoning map, and
amending the text of this chapter require review and action by the
City Council. A Board of Appeals is provided to assure proper administration
of this chapter and to avoid arbitrariness.
A.
The City Council shall designate a City official to
serve as the Zoning Administrator and as the administrative enforcement
officer for the provisions of this chapter. The duty of the Zoning
Administrator shall be to interpret and administer this chapter and
to issue, after on-site inspection, all permits required by this chapter.
The Zoning Administrator shall further:
(1)
Maintain records of all permits issued, inspections
made, work approved and other official actions.
(2)
Record the lowest floor elevations of all structures
erected, moved, altered or improved in the floodland districts.
(3)
Establish that all necessary permits that are required
for floodland uses by state and federal law have been secured.
(4)
Inspect all structures, lands and waters as often
as necessary to assure compliance with this chapter.
(5)
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 chapter to the owner, resident, agent or
occupant of the premises and report uncorrected violations to the
City Attorney in a manner specified by him/her.
(6)
Prohibit the use or erection of any structure, land
or water until he/she has inspected and approved such use or erection.
(7)
Request assistance and cooperation from the City Administrator,
Building Inspector and City Attorney as deemed necessary.
B.
Due to the size of the City of Weyauwega it may not
be feasible to find a suitable person willing to take on the responsibility
of being Zoning Administrator on a part-time basis. It is therefore
provided that the function of the Zoning Administrator can be delegated
to a committee of the Council or a single member of the Council or
the Mayor. An officer other than a Council member or another employee
of the City may also be designated to handle the duties of Zoning
Administrator on a part-time basis in addition to the other duties
performed by such person. In the absence of a different appointment
being made, the City Administrator shall serve as the Zoning Administrator.
A.
City Council. The City Council, the governing body
of the City, subject to the holding of public hearings by said Council,
has ultimate authority to grant permitted conditional uses and planned
unit development conditional uses, to make changes and amendments
in zoning districts and the Zoning Map and to amend the text of this
chapter.[1]
A.
Zoning permit required. No new structure, new use
of land, water or air or change in the use of land, water or air shall
hereafter be permitted and no structure or part thereof shall hereafter
be located, erected, moved, reconstructed, extended, enlarged, converted
or structurally altered without a zoning permit. The zoning permit
may be issued as part of issuance of a building permit; there shall
be a charge for only one permit under such circumstances.
B.
Application. Applications for a zoning permit shall
be made to the Zoning Administrator and shall include the following
where pertinent and necessary for proper review:
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer and contractor.
(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; existing and proposed operation or use of
the structure or site; number of employees; and the zoning district
within which the subject site lies.
(3)
Plat of survey prepared by a land surveyor registered
in the State of Wisconsin or other map drawn to scale and showing
such of the following as may be required by the Zoning Administrator:
the location, boundaries, dimensions, uses, and size of the following:
subject site; existing and proposed structures; existing and proposed
easements, streets and other public ways; public utilities; off-street
parking, loading areas and driveways; existing highway access restrictions;
high water; channel, floodway and floodplain boundaries; and existing
and proposed front, side and rear yards.
(4)
Fee receipt from the City Administrator in an amount
per the building permit fee schedule.
(5)
Additional information as may be required by the Zoning
Administrator or City Council.
C.
Action.
(1)
Subject to the requirements of § 530-96, a zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application and the applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within six months unless substantial
work has commenced or within 18 months after the issuance of the permit
if the structure for which a permit is issued is not substantially
completed, in which case of expiration the applicant shall reapply
for a zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions
of this chapter shall be null and void.
A.
Site plan required. All applications for zoning permits
for any construction, reconstruction, expansion or conversion, except
for one- and two-family residences in residential districts, shall
require site plan approval by the Plan Commission in accordance with
the requirements of this section.
B.
Application. The applicant for a zoning permit shall
also submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Plan Commission
or its expert consultants to determine whether the proposed application
meets all the requirements applicable thereto in this chapter.
C.
Administration. The Zoning Administrator shall make
a preliminary review of the application and plans and refer them,
along with a report of his findings, to the Plan Commission within
10 days. The Plan Commission shall review the application and may
refer the application and plans to any expert consultants selected
by the City to advise whether the application and plans meet all the
requirements applicable thereto in this chapter. Within 45 days of
its receipt of the application, the Plan Commission shall authorize
the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Plan
Commission shall consider the following:
(1)
The appropriateness of the site plan and buildings
in relation to the physical character of the site and the usage of
adjoining land areas.
(2)
The layout of the site with regard to entrances and
exits to public streets; the arrangement and improvement of interior
roadways; and the location, adequacy and improvement of areas for
parking and for loading and unloading and shall, in this connection,
satisfy itself that the traffic pattern generated by the proposed
construction or use shall be developed in a manner consistent with
the safety of residents and the community, and the applicant shall
so design the construction or use as to minimize any traffic hazard
created thereby.
(3)
The adequacy of the proposed water supply, drainage
facilities and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site.
The Plan Commission may require that those portions of all front,
rear and side yards not used for off-street parking shall be attractively
planted with trees, shrubs, plants or grass lawns and that the site
be effectively screened so as not to impair the value of adjacent
properties nor impair the intent or purposes of this section.
E.
Effect on municipal services. Before granting any
site plan approval, the Plan Commission may, besides obtaining advice
from consultants, secure such advice as may be deemed necessary from
the City Engineer or other municipal officials, with special attention
to the effect of such approval upon existing municipal services and
utilities. Should additional facilities be needed, the Plan Commission
shall not issue final approval until the Plan Commission has entered
into an agreement with the applicant regarding the development of
such facilities.
A.
Violations. It shall be unlawful to use or improve
any structure or land or to use water or air in violation of any of
the provisions of this chapter. In case of any violation, the Plan
Commission, the Zoning Administrator or any property owner who would
be specifically damaged by such violation may cause appropriate action
or proceeding to be instituted to enjoin a violation of this chapter
or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator
has not been complied with within 30 days after written notice has
been mailed to the owner, resident agent or occupant of the premises,
the City Council, the Zoning Administrator or the City Attorney may
institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in § 1-3 of this Code of Ordinances.
