The Village Building Inspector is appointed Zoning Administrator for
the purpose of administering and enforcing this chapter. The Zoning Administrator
shall have the following duties and powers. The Zoning Administrator 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 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 Village planning agency and the District Attorney, Corporation
Counsel or Village 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 § 248-23B 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 Village and shall
include, for the purpose of proper enforcement of these regulations, the following
information:
(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)
Description 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)
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 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.
A.
Except where no zoning 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:
(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 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 Village Board.
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 ordinance 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.
The Village Board, by resolution, shall establish fees for the following:
Where a zoning 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 are violated, the permit shall
be revoked by the Zoning Board of Appeals.
A.
Appointment. The Village President shall appoint a Zoning Board of Appeals under Chapter 16 of this Code and § 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the Village Board. 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)
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.
(d)
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 Chapter 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 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, or dismiss the appeal
for lack of jurisdiction or prosecution.
(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 Village Board may 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., Chapter 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 Village 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 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 20 days prior to such hearing.
C.
In order to ensure that the shoreland protection objectives
in § 281.31, Wis. Stats., will be accomplished by the amendment,
the Village Board 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 Village 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 municipal planning agency on the proposed text or map amendment within
10 days after the submission of those recommendations to the Village Board;
and
(2)
Written notice of the Village Board's 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 of this section, that proposed amendment, if approved by the Village Board, may not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department, as required by Subsection E of this section. If, within the thirty-day period, the Department notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under §§ 62.231(6) and 61.351(6), Wis. Stats., is completed or otherwise terminated.
