The purpose of this article is to outline the
procedures for the administration and enforcement of this chapter.
[Amended 9-15-2022 by Ord. No. 22-41]
The Department shall have the following duties
in the administration of this chapter:
A.
Advise applicants for permits and leases concerning
the provisions of this chapter and assist applicants in preparing
applications.
B.
Receive and forward to the committee for recommendation
to the Tribal Legislature all applications, petitions, amendments,
and other matters for conditional use permits and to this chapter.
C.
Issue land use permits, leases, and certificates of
occupancy and maintain records thereof upon recommendation of the
committee and approval of the Tribal Legislature.
D.
Inspect all construction requiring land use permits
and leases to ensure that the standards of this chapter are followed.
E.
Provide public information relative to this chapter
of departmental activity.
F.
Review and approve site plans as required by this
chapter. Maintain a record of all site plans.
G.
Maintain permanent and current records of matters
pertaining to this chapter, including all original and current zoning
district maps, text and map amendments, permits and variances issued,
status of nonconforming uses and structures, inspections made, all
water surface profiles, and a list of all documentation of certified
floodplain elevations.
H.
Work with law enforcement to investigate, prepare
reports, and issue initial notices of violations of this chapter.
Copies of violation reports and notices of violations shall be forwarded
to the Prosecuting Attorney's Office and any other appropriate departments
or agencies.
A.
Powers and duties. The committee shall conduct business
according to the bylaws established by the Tribal Legislature and
the provisions of this chapter.
B.
Appeals. The committee shall hear and make recommendations
to the Tribal Legislature regarding appeals where it has been alleged
that there is an error in any order, requirement, decision, or determination
made by the committee or Department in the enforcement or administration
of this chapter.
(1)
Appeals to the committee for recommendation
to Tribal Legislature may be taken by any person aggrieved or by any
office, department, or committee of the Tribe affected by the decision
of the committee or the Department. Such appeal shall be taken by
filing with the Department a notice of appeal specifying the grounds
thereof. The Department shall forthwith transmit to the committee
all the papers constituting the record upon which the action appealed
was taken to make a knowledgeable recommendation to the Tribal Legislature.
(a)
If the applicant elects to withdraw the appeal
any time before a final recommendation is made by the committee, this
fact shall be noted on the application, with the signature of the
applicant attesting withdrawal.
(b)
If the appeal is not withdrawn, the committee
may require the applicant to provide such additional information as
may be needed to determine the case and shall instruct the Department
to proceed with the notice of the hearing.
(2)
An appeal shall stay all legal proceedings of
the action appealed unless the Department certifies to the committee
that, by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed except by a restraining order from the Tribal Court.
[Amended 9-15-2022 by Ord. No. 22-41]
(3)
The committee shall hear the appeal and make
a recommendation to the Tribal Legislature.
(4)
The final disposition of an appeal shall be
in the form of a resolution by the Tribal Legislature. Such resolution
shall state the specific facts which are based on the committee's
recommendation and shall either affirm, reverse, vary, or modify the
order, requirement, decision, or determination appealed, in whole
or part, or shall dismiss the appeal for lack of jurisdiction or prosecution.
C.
Variances.
(1)
The committee shall recommend variances to the
Tribal Legislature from the terms of this chapter where, owing to
special conditions, the literal enforcement of this chapter would
result in unnecessary hardship. For the purposes of this section,
"unnecessary hardship" is defined as an unusual or extreme decrease
in the adaptability of the property to the uses permitted by the zoning
district, caused by facts such as rough terrain or soil conditions
uniquely applicable to that particular piece of property, as distinguished
from those conditions applicable to most or all other property in
the same zoning district. Recommendations that variances be granted
shall only be done so that the spirit of this chapter is observed
and substantial justice done. Variances may be granted to:
(a)
Permit a yard of less dimension than required
by this chapter.
(b)
Permit construction of a building or structure
which will exceed the height and setback restrictions for the district
in which it is located.
(c)
Permit off-street parking which does not conform
in quantity or other particulars to the requirements of this chapter.
(d)
Permit a variance to provisions related to principal, accessory,
or conditional uses if application shows undue hardship that is not
detrimental to surrounding area.
[Added 9-15-2022 by Ord. No. 22-41]
(2)
Application for variance. Application for a
variance shall be filed with the Department and shall contain the
following information:
(a)
Name and address of the applicant.
(b)
Statement that the applicant is the leaseholder
of the property or the authorized agent of the leaseholder.
(c)
Address and legal description of the property.
(d)
An accurate drawing of the site and surrounding
area for a distance of 100 feet from all property lines, including
buildings and other structures.
(e)
The specific section provision sought to be
varied.
(f)
A statement detailing the need for the variance
with supporting documentation, including but not limited to plans,
studies, maps, and photographs.
(g)
Proof of payment of the variance application fee.
[Added 9-15-2022 by Ord. No. 22-41]
(3)
Disposition by the committee.
(a)
The committee shall hold at least one committee
meeting on the proposed variance after notification according to the
bylaws of the Community Development Committee and notifying adjacent
residents and/or leaseholders.
[Amended 9-15-2022 by Ord. No. 22-41]
(b)
The committee shall make a recommendation to the Tribal Legislature within 30 days after the committee meeting. The concurring vote of a majority of the Tribal Legislature present and voting shall be necessary to authorize a variance. Decisions of the committee shall be based on a finding of facts according to standards in Subsection C(4).
(4)
Standards for the granting of variances. The
following are standards and principals to guide the committee's recommendation
to Tribal Legislature:
(a)
The burden is upon the appellant to prove the
need for a variance.
(b)
Petty hardship, loss of profit, and self-imposed
hardship, such as that caused by ignorance, deed restrictions, proceeding
without a permit, or illegal sales, are not sufficient reasons for
getting a variance.
(c)
The plight of the applicant must be unique,
such as a shallow or steep parcel of land or situation caused by other
than the applicant's actions.
(d)
The hardship justifying a variance must apply
to the appellant's parcel or structure and not generally to other
properties in the same district.
(e)
Variances allowing uses not expressly listed as permitted or
conditional uses in a given zoning district shall not be granted unless
the application has not caused the hardship, through direct action,
negligence or ignorance, has proven an undue hardship, and shows that
it is not contrary to the best interest of the community. Objections
from the community may be given considerable weight by the Department
or Committee.
[Amended 9-15-2022 by Ord. No. 22-41]
(f)
The variance must not be detrimental to adjacent
properties.
(g)
The variance must by standard be the minimum
necessary to grant relief.
(h)
The variance will not be in conflict with the
spirit of this chapter or other applicable ordinances.
(i)
The variance shall not permit any change in
established flood elevations or profiles.
(5)
Conditions attached to variances. Within the recommendation to the Tribal Legislature, the committee may prescribe appropriate conditions which are in conformity with the purposes of this chapter. In case of variances in the floodplain district, the provisions of Article XXI (Floodplain Overlay District) shall be considered. Violations of such conditions, when made part of the terms under which the variance is granted, shall be deemed in violation of this chapter. A variance granted in a floodplain district shall advise the applicant that increased flood insurance premiums may result.
D.
The committee shall perform such duties for the Tribal
Legislature as are deemed necessary and appropriate.
A.
All applications for land use leases that are required to have a site plan as indicated in the lease or as required by Chapter 138 and permits for construction, reconstruction, expansion or conversion of use shall be accompanied by a site plan to be reviewed and approved by the Department for conformance with the requirement of this chapter.
[Amended 9-15-2022 by Ord. No. 22-41]
B.
The site plan shall be drawn to scale and show the
lot dimensions, the location of existing and proposed structures and
other on-site improvements, parking and access, sanitary system, and
any other information deemed necessary by the Department to ensure
conformance with this chapter and other applicable ordinances and
regulations.
C.
The departments shall review the site plan per the
following considerations:
(1)
Compliance with the requirements of this chapter.
(2)
The suitability of the location of buildings
and structures to the physical character of the site and adjacent
land uses.
(3)
The layout of the site relative to public street
access, arrangement and improvement of interior roadways, parking
and loading.
(4)
The adequacy of the proposed water supply and
sanitary disposal.
(5)
The adequacy of the drainage pattern or storm
sewers to accommodate stormwater runoff both on site and on nearby
properties.
(6)
The adequacy of erosion control plans to prevent
construction erosion from leaving the site. The plans shall conform
to the Wisconsin Construction Site Best Management Practice Handbook.
D.
Upon approval of the site plan by the Department,
a permit shall be issued and/or the site plan shall be attached to
the lease if required. A copy of the site plan shall be kept on file
and become part of the lease or permit.
[Amended 9-15-2022 by Ord. No. 22-41]
E.
F.
The applicant may be required to pay the cost of any
extraordinary costs for site plan approval, such as consultant fees
or engineering studies.
The Department shall receive applications for the following leases and permits and shall process the applications in the following manner, except as provided in § 625-237 (Exemptions for accessory structures):
B.
Construction permit.
(2)
Application and issuance. Pursuant to additional
tribal ordinances requiring construction permits, applications for
construction permits shall be made on forms furnished by the appropriate
departments. If a construction permit is denied in regards to this
chapter by the Department, the applicant shall be notified in writing
of the specific provisions which caused denial.
(3)
Fees. The fee for a construction permit shall be as set according to Article XXXI (Fee Schedule) and posted in the Department. A double fee shall be charged by the Department if construction or structural alteration is started or a use is changed prior to the issuance of a construction permit. Such a double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter. There shall be no fees for accessory structures complying with § 625-237 (Exemptions for accessory structures).
(4)
The construction permit is valid for one year
or until construction is complete, whichever comes first. If construction
has not commenced or been completed within one year, the permit is
null and void and a new permit is required.
C.
Certificate of occupancy.
(1)
When required. A certificate of occupancy shall
be required in the R-4, C-1, C-2, UID-1, I-2, and TI-1 Districts for
all uses requiring a conditional use permit or a variance and for
all development in a floodplain. Certificates shall be issued whenever
vacant land is occupied, structures are erected, or a principal use
is changed to another principal use. Certificates are issued upon
final inspection and prior to occupancy of the land or establishment
of a use.
(2)
In the floodplain district, before the Department
issues a certificate of occupancy, the applicant shall submit to the
Department certification by a registered engineer or architect that
the finished fill and building flood elevations and other floodplain
regulatory factors were accomplished in compliance with the appropriate
floodplain zoning provisions and other floodplain regulations.
(3)
Notification. The Department shall inspect the
premises within two working days after notification by the property
leaseholder or agent and issue or deny a certificate. If the certificate
of occupancy is denied, the Department shall state the reasons for
denial in writing. No certificate shall be issued until all objections
have been corrected.
A.
Authority. In order to meet the public necessity,
convenience and general welfare and promote good zoning practices,
the Tribal Legislature may, by ordinance, amend the district boundaries
or amend or supplement the regulations established herein.
B.
Initiation. A petition for amendment may be initiated
by the leaseholder of any property to be affected by the change or
amendment, by the Department or departments, by the committee, or
by any member of the Tribal Legislature.
C.
Petition. Petition for amendment shall be made to
the Department on forms furnished by it. Amendments to the text of
this chapter shall list the changes to be made and state reasons justifying
the change. Petitions for map amendments shall contain the following
information:
D.
Procedure. The procedure for adoption or denial of a petition for a change in district boundaries or text amendments to this chapter shall follow those set in § 625-249C(3), except that notification to adjacent residents and/or leaseholders shall include those that are 800 feet from all directions of the petitioner's property lines for district boundary amendments if the adjacent residents number five or fewer for all amendments. Any resident may elect to receive notice of district boundaries or text amendments for any changes made to their lots or adjacent lots by signing up to receive direct notice from Land Management Department. Residents electing to receive direct notice shall provide their name and current mailing address to the Department. The Department shall maintain a list of all residents who elect to receive direct notice.
[Amended 9-15-2022 by Ord. No. 22-41]
A.
Investigation of compliance; notice of violation.
(1)
The departments are responsible for conducting
the necessary inspection and investigation to ensure compliance with
this chapter and, through field notes, photographs and other means,
documenting the presence of violations.
(2)
If, upon initial investigation, the Department
becomes aware of a condition it concludes to be unlawful under the
terms of this chapter, it shall immediately notify law enforcement
and the responsible parties and those liable. Such notice shall include
a demand to the responsible parties that the condition that is alleged
to constitute a violation be halted or remedied and a statement that
a complaint about the condition will be transmitted to law enforcement
for recommendation to the Prosecuting Attorney's Office for prosecution
if remedial action has not occurred within a minimum of 10 days or
a maximum of 30 days, at the discretion of the Department. Responsible
parties and those potentially liable shall include but not be limited
to the leaseholder, subleaseholder, tenants, and contractors.
[Amended 9-15-2022 by Ord. No. 22-41]
(3)
Allowed uses not requiring permits are subject
to compliance and enforcement procedures.
(4)
If a violation reoccurs within a one-year period,
the ten- to thirty-day notification of violation may be waived by
the departments or the Prosecuting Attorney's Office and immediate
legal action can be commenced to prosecute the violation.
B.
Prosecution, injunctions, and penalties in court proceedings.
(1)
It shall be the duty of the Prosecuting Attorney's
Office to expeditiously prosecute all violations of this chapter reported
by departments.
(2)
Subject to the discretion of the Prosecuting Attorney's Office, for violation of this chapter a forfeiture according to Subsection C shall be imposed upon conviction and adjudication.
(3)
Upon failure to pay a forfeiture, the violator
shall be confined in the tribal jail until such forfeiture is paid
or a period not to exceed six months.
(4)
Each day a violation exists or continues shall
be considered a separate offense.
(5)
As a substitute for or in addition to forfeiture
actions, the Prosecuting Attorney's Office may, on behalf of the Tribe,
seek enforcement of any and all parts of this chapter by court actions
seeking injunctional orders or restraining orders.
(6)
Nothing in this section shall be deemed to prevent
private prosecutions.
(7)
If due process through prosecution, injunctions,
or penalties is not sufficient to remedy the violation, the Zoning
Administrator may proceed with lease cancellation under § 625-251A(7)(a)[4]
(noncompliance with lease terms and provisions).
C.
Forfeitures. Failure to comply with the following
articles and/or sections shall result in the accompanying forfeitures:
(1)
Article III, General Provisions.
(a)
Section 625-16A(1) (Excluded uses; manufacture, distribution, or sale of alcoholic beverages): not less than $3,000 nor more than $5,000.
(b)
Section 625-16A(2) (Excluded uses; adult bookstores and/or adult entertainment facilities): not less than $300 nor more than $500.
(3)
(4)
(10)
Article XXIX, Modifications, Exceptions and Special Requirements.
(e)
Section 625-236, Travel trailers, recreational vehicles, and buses for habitation: not less than $100 nor more than $200.
(g)
Section 625-238, Accessory structure with no principal use: not less than $100 nor more than $200.
(h)
Section 625-242, Truck bodies, mobile homes, buses, and semitrailers as accessory structures: not less than $100 nor more than $200.
(11)
District requirements (i.e., setbacks from lot
lines) not specifically mentioned above: not less than $100 nor more
than $200.
(12)
Any additional section or subsection not specifically
mentioned above: not less than $50 nor more than $200.
