A.
The Village Board shall oversee the functions of the Zoning Administrator;
review and make decisions on all proposed amendments to the Shorelands
and Wetlands Zoning Ordinance Map and text following Planning Commission
recommendation; and maintain a complete public record of all its proceedings.
B.
The Village Board shall not grant variances or special exceptions
to the terms of the chapter.
The Zoning Administrator shall exercise 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.
Provide copies of variances, special exceptions, and decisions on
appeals for map or text interpretations and map or text amendments
within 10 days after they are granted or denied to the appropriate
district office of the Department.
E.
Have access to any structure or premises between 8:00 a.m. and 4:30
p.m. for the purpose of performing his/her duties.
F.
Investigate and report violations of this chapter to the Village
Board and Village Attorney.
A.
When required. Except where another section of this chapter specifically exempts certain types of development from this requirement (as in § 208-33A and B), a shoreland permit shall be obtained from the Zoning Administrator before any new development, as defined in § 208-47B, or any change in the use of an existing building or structure, is initiated.
B.
Application. An application for a shoreland permit shall be made
to the Zoning Administrator upon forms furnished by the Village.
(1)
Erosion control is required as per best management practices.
C.
Expiration of permit. Shoreland permits shall expire 24 months from
date of issuance.
The Zoning Administrator may issue a shoreland permit to relax
the standards of this chapter in order to provide reasonable accommodation
of persons with disabilities as required by provisions of federal
and state law. Such relaxation shall be consistent with federal guidelines
for accommodation of persons with disabilities and shall, where practicable,
be terminated when the facility is no longer in use by a disabled
person. A person applying for a permit for construction under this
section shall establish the nature and extent of the disability and
that the relaxation requested is the minimum necessary to provide
reasonable use of the facility.
A.
Application for a special exception permit. Any use listed as a special
exception in this chapter shall be permitted only after an application
has been submitted to the Zoning Administrator and a special exception
permit has been granted by the Wrightstown Board of Appeals.
B.
Standards applicable to all special exceptions. In passing upon a
special exception permit, the Board of Appeals shall evaluate the
effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution including sedimentation.
(3)
Compliance with local floodplain zoning ordinances and potential
for damage to adjacent properties due to altered surface water drainage.
(4)
The erosion potential of the site based upon degree and direction
of slope, soil type, and vegetative cover.
(5)
The location of the site with respect to existing or future access
roads.
(6)
The need of the proposed use for a shoreland location.
(7)
Its compatibility with uses on adjacent land.
(8)
The amount of liquid and solid wastes to be generated and the adequacy
of the proposed disposal systems.
(9)
Location factors under which:
(a)
Domestic uses shall be generally preferred;
(b)
Uses not inherently a source of pollution within an area shall
be preferred over uses that are or may be a pollution source;
(c)
Use locations within an area tending to minimize the possibility
of pollution shall be preferred over use locations tending to increase
that possibility.
C.
Conditions attached to special exceptions. Upon consideration of
the factors listed above, the Board of Appeals shall attach such conditions,
in addition to those required elsewhere in this chapter, as are necessary
to further the purposes of this chapter. Violations of any of these
conditions shall be deemed a violation of this chapter. Such conditions
may include specifications for, without limitation because of specific
enumeration, type of shore cover; specific sewage disposal and water
supply facilities; landscaping and planting screens; period of operation;
operational control; sureties; deed restrictions; location of piers,
docks, parking and signs; and type of construction. To provide information
upon which the Board of Appeals will base its determination, the applicant
is required to furnish, in addition to the information required for
a shoreland permit, the following information:
(1)
A plan of the area showing surface contours, soil types, ordinary
high-water marks, groundwater conditions, subsurface geology and vegetative
cover.
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, piers, open space and landscaping.
(3)
Plans of buildings, sewage disposal facilities, water supply systems
and arrangement of operations.
(4)
Specifications for areas of proposed filling, grading, lagooning
or dredging.
(5)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
D.
Notice, public hearing and decision. Before acting upon an application
for a special exception permit, the Board of Appeals shall hold a
public hearing. Notice of such public hearing, specifying the time,
place and matters to come before the Board, shall be given as a Class
2 notice under Ch. 985, Wis. Stats. Such notice shall be provided
to the appropriate district office of the Department at least 10 days
prior to the hearing. The Board of Appeals shall state in writing
the grounds for granting or refusing a special exception permit.
E.
Recording. When a special exception permit is approved, an appropriate
record shall be made of the land use and structures permitted and
such permit shall be applicable solely to the structures, use and
property so described. A copy of any decision on a special exception
permit shall be provided to the appropriate district office of the
Department within 10 days after it is granted or denied.
F.
Revocation. Where the conditions of a special exception permit are
violated, the special exception permit shall be revoked by the Board
of Appeals.
A.
Decision. The Wrightstown Board of Appeals may grant upon appeal
a variance from the dimensional standards of this chapter where an
applicant convincingly demonstrates that:
(1)
Literal enforcement of the provisions of the ordinance will result
in unnecessary hardship on the applicant; (Note: The standard for
unnecessary hardship required in area variance cases is whether compliance
with the strict letter of the restrictions governing area, setbacks,
frontage, height, bulk, or density would unreasonably prevent the
owner from using the property for a permitted purpose or would render
conformity with those restrictions unnecessarily burdensome. Ziervogel
v. Washington County Board of Adjustment, 2004 WI 23, 269 Wis. 2d
549, 676 N.W. 2d 401, 02-1618. In evaluating whether to grant an area
variance to a zoning ordinance, a Board of Appeals should focus on
the purpose of the zoning law at issue in determining whether an unnecessary
hardship exists for the property owner seeking the variance. The facts
of the case should be analyzed in light of that purpose, and Boards
of Appeals must be afforded flexibility so that they may appropriately
exercise their discretion. State v. Waushara County Board of Adjustment,
2004 WI 56, 271 Wis. 2d 547, 679 N.W. 2d 514, 02-2400.)
(2)
The hardship is due to special conditions unique to the property;
and
(3)
Such variance is not contrary to the public interest.
B.
No use variance. A variance shall not grant or increase any use of
property which is prohibited in the zoning district.
C.
Notice, hearing and decision. Before acting on an application for
a variance, the Board of Appeals shall hold a public hearing. Notice
of such hearing specifying the time, place and matters of concern,
shall be given a Class 2 notice under Ch. 985, Wis. Stats. Such notice
shall be provided to the appropriate district office of the Department
at least 10 days prior to the hearing. The Board shall state in writing
the reasons for granting or refusing a variance and shall provide
a copy of such decision to the appropriate Department district office
within 10 days of the decision.
The Village Board shall appoint a Board of Appeals consisting
of five members under § 62.23(7)(e)(2), Wis. Stats. The
Village Board shall adopt such rules for the conduct of the business
of the Board of Appeals as required by § 62.23(7)(e)(3),
Wis. Stats.
A.
Powers and duties.
(1)
The Board of Appeals shall adopt such additional rules as it deems
necessary and may exercise all of the powers conferred on such boards
by § 62.23(e), Wis. Stats.
(2)
It shall hear and decide appeals where it is alleged there is error
in any order, requirements, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
(5)
In granting a special exception permit or variance, the Board of
Appeals may not impose conditions which are more restrictive than
any of the specific standards in the chapter. Where the chapter is
silent as to the extent of restriction, the Board of Appeals may impose
any reasonable permit conditions to effect the purpose of this chapter.
B.
Appeals to the Board. Appeals to the Board of Appeals may be made
by any person aggrieved or by an officer, department, board or bureau
of the Village affected by any decision of the Zoning Administrator
or other administrative officer. Such appeal shall be made within
a reasonable time, as provided by the rules of the Board, by filing
with the officer whose decision is in question, and with the Board
of Appeals, a notice of appeal specifying the reasons for the appeal.
The Zoning Administrator or other officer whose decision is in question
shall promptly transmit to the Board of Appeals all the papers constituting
the record concerning the matter appealed.
C.
Hearing appeals and applications for variances and special exception
permits.
(1)
The Board of Appeals shall fix a reasonable time for a hearing on
the appeal or application. The Board of Appeals shall give public
notice thereof 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. Notice shall be mailed to the parties
in interest. Written notice shall be given to the appropriate district
office of the Department at least 10 days prior to hearings on proposed
shoreland variances, special exceptions, and appeals for map or text
interpretations.
(2)
A decision regarding the appeal or application shall be made as soon
as practical. Copies of all decisions on shoreland variances, special
exceptions, and appeals for map or text interpretations shall be submitted
to the appropriate district office of the Department within 10 days
after they are granted or denied.
(3)
The final disposition of an appeal or application to the Board of
Appeals shall be in the form of a written resolution or order signed
by the Chairman and Secretary of the Board of Appeals. Such resolution
shall state the specific facts which are the basis of the board's
determination and shall either affirm, reverse, vary, or modify the
order, requirement, decision or determination appealed, in whole or
in part, dismiss the appeal for lack of jurisdiction, pursue prosecution,
or grant the application.
(4)
At the public hearing, any party may appear in person or by agent
or by attorney.
Fees shall be as established in Chapter 102, Village of Wrightstown Code of Ordinances.
A.
The Village Board may from time to time, alter, supplement, or change the boundaries of use districts and the regulations contained in this chapter in accordance with the requirements of §§ 62.231 and 61.351, Wis. Stats., Chapter NR 117, Wis. Adm. Code and § 208-35 of this chapter where applicable.
