The Zoning Administrator shall have the following duties and
powers. The Zoning Administrator shall:
(1)
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms.
(2)
Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
(3)
Keep records of all permits issued, inspections made, work approved
and other official actions.
(4)
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.
(5)
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.
(6)
Investigate and report violations of this chapter to the appropriate
municipal planning agency and the City Attorney.
(1)
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 § 18.29 of this chapter, or any change in the use of an existing building or structure is initiated.
(2)
Application. An application for a zoning permit shall be made to
the Zoning Administrator upon forms furnished by the City and shall
include, for the purpose of proper enforcement of these regulations,
the following information:
(a)
General information:
(b)
Site development plan. The site development plan shall be submitted
as a part of the permit application and shall contain the following
information drawn to scale:
1.
Dimensions and area of the lot;
2.
Location of any structures, with distances measured from the
lot lines and center line of all abutting streets or highways;
3.
Description of any existing or proposed on-site sewage systems
or private water supply systems;
4.
Location of the ordinary high-water mark of any abutting navigable
waterways;
5.
Boundaries of all wetlands;
6.
Existing and proposed topographic and drainage features and
vegetative cover;
7.
Location of floodplain and floodway limits on the property as
determined from Floodplain Zoning Maps;
8.
Location of existing or future access roads; and
9.
Specifications and dimensions for areas of proposed wetland
alteration.
(3)
Expiration. All permits issued under the authority of this chapter
shall expire one year from the date of issuance.
(1)
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:
(a)
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.
(b)
Application for such certificate shall be concurrent with the
application for a zoning or conditional use permit.
(c)
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 that the building or premises
and proposed use thereof conform to all the provisions of this chapter.
(2)
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 Common Council.
(3)
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.
(2)
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 18.10(3) of this chapter, the 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 as listed in § 18.02. 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 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 purposes of this chapter.
The Common Council may, by resolution, adopt 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 Board of Appeals.
The Zoning Board of Appeals established pursuant to § 1.17 of the City Code shall serve as the Board of Appeals for this chapter.
(1)
Powers and duties. The Board of Appeals:
(a)
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.
(b)
Shall hear and decide applications for conditional use permits.
(c)
May authorize, upon appeal, a variance from the dimensional
standards of this chapter where an applicant convincingly demonstrates
that:
1.
Literal enforcement of the terms of this chapter will result
in unnecessary hardship for the applicant;
2.
The hardship is due to special conditions unique to the property
and is not self-created or based solely on economic gain or loss;
3.
Such variance is not contrary to the public interest as expressed
by the purpose of this chapter; and
4.
Such variance will not grant or increase any use of property
which is prohibited in the zoning district.
(2)
Appeals to the Board. Appeals to the 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 whose
decision is in question and with the Board of Appeals a notice of
appeal specifying the reasons for the appeal. The Zoning Administrator
or other official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
(3)
Public hearings.
(a)
Before making a decision on an appeal or application, the 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 present testimony in person,
by agent or by attorney.
(b)
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.
(4)
Decisions.
(a)
The final disposition of an appeal or application for a conditional
use permit before the Board of Appeals shall be in the form of a written
decision, made within a reasonable time after the public hearing and
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 prosecution, or grant the application
for a conditional use.
(b)
A copy of such decision shall be mailed to the parties in interest
and the appropriate district office of the Department within 10 days
after the decision is issued.
