City of Brodhead, WI Article IV Administration

§ 468-17 Zoning Administrator.

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 certificates of compliance 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.

F. Investigate and report violations of this chapter to the appropriate City planning agency and the District Attorney, corporation counsel or City Attorney.

G. Be responsible for inspections of projects to ensure compliance with the terms of this chapter and to file a report of his/her findings with the Common Council on each project.

§ 468-18 Zoning permits.

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 § 468-27B 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 City and shall include, for the purpose of proper enforcement of these regulations, the following information:

(1) General information:

(a) Name, address and telephone number of applicant, property owner and contractor, where applicable.

(b) Legal description of the property and a general description of the proposed use or development.

(c) Whether or not a private water or sewage system is to be installed.

(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) Location 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) Location and landward limit 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.

§ 468-19 Certificates of compliance.

A. 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 the completion of the work specified in the zoning or conditional use permit, providing the building or premises or proposed use thereof conforms with all the provisions of this chapter.

B. The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established therefor by the Common Council.

C. 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 the adoption, 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.

§ 468-20 Conditional use permits for wetland areas.

A. Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Zoning Board of Appeals, following the procedures in § 468-24C, D and E for hearing and deciding appeals.

B. Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in § 468-14C, 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 as listed in § 468-2 of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion potential; increased side yard 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.

§ 468-21 Fees.

The Common Council may, by resolution, adopt fees for the following:

A. Zoning permits.

B. Certificates of compliance.

C. Public hearings.

D. Legal notice publications.

E. Conditional use permits.

F. Rezoning petitions.

§ 468-22 Recording.

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.

§ 468-23 Revocation of permits.

Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Zoning Board of Appeals.

§ 468-24 Zoning Board of Appeals.

A. Appointment. The Mayor shall appoint a Zoning Board of Appeals under Chapter 15, Boards, Commissions and Committees, of the Code of the City of Brodhead and § 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the Common Council. 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.

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.

(3) May authorize upon appeal a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates:

(a) That literal enforcement of the terms of this chapter will result in unnecessary hardship for the applicant;

(b) That 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) That such variance is not contrary to the public interest as expressed by the purpose of this chapter; and

(d) That 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 prosecution, or grant the application for a conditional use.

(2) 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.

§ 468-25 Amendments.

The Common Council may, from time to time, 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 City planning agency.

B. All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the City 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 10 days prior to such hearing.

C. In order to insure that the shoreland protection objectives in § 281.31, Wis. Stats., will be accomplished by the amendment, the Common Council 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) Stormwater 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 City 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 City Plan Commission on the proposed text or map amendment within 10 days after the submission of those recommendations to the Common Council; and

(2) Written notice of the Common Council's action on the proposed text or map amendment within 10 days after the action is taken.

F. If the Department notifies the City 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 Common Council, may not become effective until more than 30 days have elapsed since written notice of the Common Council approval was mailed to the Department, as required by Subsection E of this section. If, within the thirty-day period, the Department notifies the Common Council that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the City under § 62.231(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under § 62.231(6), Wis. Stats., is completed or otherwise terminated.