A.
Where, in the judgment of the Common Council, it would
be inappropriate to apply literally the provisions of this chapter because
exceptional or undue hardship would result, the Common Council may waive or
modify any requirements to the extent deemed just and proper. Application
for any such variance shall be made in writing by the subdivider at the time
when the preliminary plat is filed for consideration, stating fully all facts
relied upon by the petitioner, and shall be supplemented with maps, plans
or other additional data which may aid the Common Council in the analysis
of the proposed project.
B.
The Common Council shall not grant variations or exceptions
to the regulations of this chapter unless it shall make findings based upon
the evidence presented to it in each specific case that:
(1)
The granting of the variation will not be detrimental
to the public safety, health or welfare or injurious to other property or
improvements in the neighborhood in which the property is located;
(2)
The conditions upon which the request for a variation
is based are unique to the property for which the variation is sought and
are not applicable generally to other property;
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
financial hardship or self-imposed hardship, if the strict letter of the regulations
were carried out.
C.
The Common Council, if it approves of the variance, shall
do so by motion or resolution and instruct the City Clerk to notify the subdivider.
D.
Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the City in accordance with any City Comprehensive Plan or component thereof, this chapter, or Chapter 500, Zoning, of the Code of the City of Bayfield. A majority vote of the entire membership of the Common Council shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Common Council.
E.
The Common Council may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable
time on condition that the subdivider execute a surety bond to insure the
placing of such monuments within the time required.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or the Wisconsin
Statutes and no person shall be issued a building permit by the City authorizing
the building on, or improvement of, any subdivision, land division or replat
with the jurisdiction of this chapter not of record as of the effective date
of this chapter until the provisions and requirements of this chapter have
been fully met. The City may institute appropriate action or proceedings to
enjoin violations of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provisions of Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Each day a violation exists or continues shall constitute a separate offense.[1]
(2)
Recordation improperly made has penalties provided in
§ 236.30, Wis. Stats.
(3)
Conveyance of lots in unrecorded plats has penalties
provided for in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as provided
for in § 236.32, Wis. Stats.
(5)
Assessor's plat made under § 70.27, Wis. Stats.,
may be ordered by the City at the expense of the subdivider when a subdivision
is created by successive divisions.
C.
Revocation of permits and/or approvals.
(1)
The Public Works Director or City Clerk may revoke or
suspend any permit or approval issued under the regulations of this chapter
and may stop construction or use of approved materials, equipment, methods
of construction, devices or appliances for any of the following reasons:
(a)
Whenever the City Clerk shall find at any time that applicable
ordinances, laws, orders, plans and specifications are not being complied
with and that the subdivider or his contractor has refused to conform after
written warning or instruction has been issued to him.
(b)
Whenever the continuance of any construction becomes
dangerous to life or property.
(c)
Whenever there is any violation of any condition or provisions
of the application for permit, or of the permit or of any approval.
(d)
Whenever, in the opinion of the Public Works Director
or City Clerk, the subdivider has provided inadequate management of the project.
(e)
Whenever any false statement or misrepresentation has
been made in the application for permit, plans, drawings, data specifications
or certified lot or plot plan on which the issuance of the permit or approval
was based.
(f)
Whenever there is a violation of any of the conditions
of an approval or occupancy given by the Public Works Director or City Clerk
for the use of all materials, equipment, methods of construction, devices
or appliances.
(2)
The notice revoking a permit or approval shall be in
writing and may be served upon the applicant of the permit, owner of the premises
and his agent, if any, and/or on the person having charge of construction.
(3)
A revocation placard shall also be posted upon the premises
in question by the Public Works Director or City Clerk.
(4)
After the notice is served upon the persons as aforesaid
and posted, it shall be unlawful for any person to proceed thereafter with
any construction operation whatsoever on the premises, and the permit which
has been so revoked shall be null and void, and before any construction or
operation is again resumed, a new permit, as required by this chapter, shall
be procured and fees paid therefor, and thereafter the resumption of any construction
or operation shall be in compliance with the regulation of this chapter. However,
such work as the Public Works Director or City Clerk may order as a condition
precedent to the reissuance of the building permit may be performed, or such
work as he may require for the preservation of life and safety.
(5)
Any appeals of such revocations or suspensions must be
made in writing and within seven calendar days to the City Clerk for consideration
by the Common Council at its next regularly scheduled meeting, provided the
appeal is filed not less than seven days prior to the meeting date.
(6)
The City Clerk is hereby directed to withhold the issuance
of building permits within the land division until compliance with the provisions
of this chapter is obtained.
(7)
The City Clerk is hereby directed to withhold the issuance
of occupancy permits within the land division if violations of this chapter
may result in health or safety problems for the occupants.
D.
Appeals. Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10, 14 and 15, Wis. Stats., within 30 days of notification
of the rejection of the plat. Where failure to approve is based on an unsatisfied
objection, the agency making the objection shall be made a party to the action.
The court shall direct that the plat be approved if it finds that the action
of the approving or objecting agency is arbitrary, unreasonable or discriminatory.
