The City Council shall designate a Zoning Administrator for the purpose
of administering and enforcing this chapter. The Zoning Administrator shall
have the following powers. He shall:
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 municipal planning agency and the District Attorney, Corporation
Counsel or Municipal Attorney.
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 § 258-3 of this chapter, or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a zoning permit shall
be made to the Zoning Administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these regulations,
the following information:
(1)
General information:
(2)
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:
(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 watermark 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.
(h)
Location of existing or future access roads.
(i)
Specifications and dimensions for areas of proposed wetland
alteration.
C.
Expiration. All permits issued under the authority of
this chapter shall expire six months from the date of issuance.
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 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.
B.
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 municipal governing body.
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 this chapter's 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.
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 § 258-21 of this chapter.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 258-12 of this chapter, 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 § 258-2. 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.
B.
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.
C.
Revocation. Where the conditions of a zoning permit or
conditional use permit are violated, the permit shall be revoked by the Zoning
Board of Appeals.
The City Mayor shall appoint a Zoning Board of Appeals, under W.S.A.
s. 62.23(7)(e), consisting of five members subject to confirmation by the
municipal governing body. The Zoning Board of Appeals shall adopt rules for
the conduct of its business as required by W.S.A. s. 62.23(7)(e)3.
A.
Powers and duties. The Zoning Board of Appeals:
(1)
Shall hear and decide appeals where it is alleged that
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 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; and
(d)
Such variance will not grant or increase any use of property
which is prohibited in the zoning district.
B.
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 appeal 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 Zoning 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 papers constituting the record
on the matter appealed.
C.
Public hearings.
(1)
Before making a decision on an appeal or application,
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 W.S.A. ch. 985 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.
(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.
D.
Decisions.
(1)
The final disposition of an appeal or application for
a conditional use permit before the Zoning 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.
(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.
The municipal governing body may alter, supplement or change the district
boundaries and the regulations contained in this chapter in accordance with
the requirements of W.S.A. s. 62.23(7)(d)2, Chapter NR 117 of the Wisconsin
Administrative 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 municipal planning
agency.
B.
All proposed text and map amendments to the shoreland-wetland
zoning regulations shall be referred to the municipal planning agency, and
a public hearing shall be held after Class 2 notice as required by W.S.A.
s. 62.23(7)(d)2. 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.
[1]In order to ensure that this chapter will remain consistent with
the shoreland protection objectives of W.S.A. s. 281.31, the municipal governing
body 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 wetland functions:
(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 erosion.
(5)
Fish spawning, breeding, nursery or feeding grounds.
(6)
Wildlife habitat.
(7)
Areas of special recreational, scenic or scientific interest,
including scarce wetland types and the 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 hereinabove, the Department shall so notify the municipality 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 recommendation and report, if any, of the
municipal planning agency on a proposed text or map amendment within 10 days
after the submission of those recommendations to the municipal governing body.
(2)
Written notice of the action on the proposed text or
map amendment within 10 days after the action is taken.
F.
If the Department notifies the municipal planning agency, in writing, that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by this chapter. If within the thirty-day period the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by W.S.A. ss. 62.231(6) and 61.351(6), the proposed amendment may not become effective until the ordinance adoption procedure under W.S.A. s. 62.231(6) or 61.351(6) is completed or otherwise terminated.[2]
Any development, building or structure or accessory building or structure
constructed, altered, added to, modified, rebuilt or replaced or any use or
accessory use established after the effective date of this chapter in violation
of the provisions of this chapter by any person, firm, association or corporation
who or which violates or refuses to comply with any of the provisions of this
chapter shall be subject to a forfeiture of not less than $10 nor more than
$50 per offense, together with the taxable costs of such action. Each day
of continued violation shall constitute a separate offense. Every violation
of this chapter is a public nuisance, and the creation thereof may be enjoined
and the maintenance thereof may be abated by action at suit of the municipality,
the state or any citizen thereof pursuant to W.S.A. s. 87.30(2).
