This chapter contemplates an administrative
and enforcement officer entitled the "Zoning Administrator" to administer
and enforce the same. Certain considerations, particularly with regard
to granting of permitted conditional uses, planned unit development
conditional uses, changes in zoning districts and Zoning Map, and
amending the text of this Zoning Chapter require review and recommendation
by the Plan Commission and ultimate action by the Common Council.
A Zoning Board of Appeals is provided to assure proper administration
of the chapter and to avoid arbitrariness. Questions regarding interpretation
by the Zoning Administrator will be referred to the Plan Commission.
Persons aggrieved by the interpretations supplied by the Plan Commission
may be appealed to the Zoning Board of Appeals.
A.
Appointment. The Zoning Administrator shall be appointed
by the Mayor, subject to confirmation by the Council. The Zoning Administrator
shall have an indefinite term of office.
B.
Duties. In enforcing and administering this chapter,
the Administrator shall perform the following duties:
(1)
Issue the necessary building permits and zoning permits
required by the provisions of this chapter, provided its provisions
have been complied with.
(2)
Keep an accurate record of all permits, numbered in
the order of issuance, in a record book for this purpose.
(3)
In case of any finding of a violation of a provision
of this chapter, notify, in writing, the actual violator where known,
the owner of the property on which the violation has taken place and
the Common Council, indicating the nature of the violation and the
action necessary to correct it.
(4)
Receive, file and process for action all applications
for conditional uses, variances and amendments to this chapter which
are filed in the zoning office.
(5)
Initiate, direct and review, from time to time, a
study of the provisions of this chapter and make reports of the recommendations
to the Plan Commission for investigation and appropriate action.
(6)
Carry out such additional responsibilities as are
hereinafter set forth by the provisions of this chapter.
C.
Authority. In the enforcement of this chapter, the
Administrator shall have the power and authority for the following:
(1)
At any reasonable time and for any proper purpose
to enter upon any public or private premises and make inspection thereof.
(2)
Upon reasonable cause or question as to proper compliance,
to revoke any building or occupancy permit and issue cease-and-desist
orders requiring the cessation of any building, moving, alteration
or use which is in violation of the provisions of this chapter, such
revocation to be in effect until reinstated by the Administrator or
the Zoning Board of Appeals, or take any other action as directed
by the Common Council to insure compliance with or to prevent violation
of its provisions.
A.
Plan Commission. The Plan Commission, together with
its other statutory duties, shall make reports and recommendations
relating to the plan and development of the City to the Common Council,
other public officials and other interested organizations and citizens.
In general, the Plan Commission shall have such powers as may be necessary
to enable it to perform its functions and promote municipal planning.
Under this chapter, its functions are primarily recommendatory to
the Common Council pursuant to guidelines set forth in this chapter
as to various matters and, always, being mindful of the intent and
purposes of this chapter, except that it shall decide applications
for conditional use permits. Recommendations shall be in writing.
A recording thereof in the Commission's minutes shall constitute the
required written recommendation. The Commission may, in arriving at
its recommendation, on occasion of its own volition, conduct its own
public hearing. The Plan Commission shall have the powers to conduct
and hold public hearings on all proposed amendments to the City Zoning
Ordinance as provided in § 62.23(7)(d), Wis. Stats.
B.
Common Council. The Common Council, the governing
body of the City, subject to recommendations by the Plan Commission
and the holding of public hearings by said Council, has ultimate authority
to grant planned unit development applications, make changes and amendments
in zoning districts, the Zoning Map and supplementary Floodland Zoning
Map and to amend the text of this chapter. The Common Council may
delegate to the Plan Commission the responsibility to hold some or
all public hearings as required under this chapter.
A.
Zoning permit required.
(1)
No vacant land shall be occupied or used, and no building
shall be hereafter erected, structurally altered, relocated, used
or occupied until a zoning permit has been issued certifying that
any such building, use or occupancy complies with the provisions of
this chapter. Such permit shall be obtained before any change is made
in the type of use or before any legal nonconforming use is resumed,
changed, extended or granted conditional use status.
(2)
A zoning and occupant permit is required in the following
situations:
(a)
Before any building or other structure which
is the principal permitted use is erected, moved or structurally altered
so as to change its use or increase its floor area.
(b)
Before any land use is substantially altered.
(c)
Before any building or structure is erected
or substantially altered which would be a conditional use or require
a variance regardless of whether principal or accessory use.
(d)
Before building an accessory structure, even
though not intended for human occupancy.
B.
Application procedure; required information.
(1)
The permit application shall be made to the Zoning
Administrator on forms provided by the City. Applications shall be
submitted in duplicate, except that, when site plan approval is required,
they shall be submitted in quadruplicate. The application shall include
the following information:
(a)
Names and addresses of the applicant, owner
of the site, architect, professional engineer or contractor.
(b)
Description of the subject site by lot, block,
and recorded subdivision or by metes and bounds; addresses of the
subject site; type of structure; existing and proposed operation or
use of the structure or site; number of employees; and the zoning
district within which the subject site lies.
(c)
Plat of survey prepared by a registered land
surveyor showing the location, boundaries, dimensions, elevations,
uses and size of the following: subject site; existing and proposed
structures; existing and proposed easements, streets and other public
ways; off-street parking, loading areas and driveways; existing highway
access restrictions; existing and proposed street, side and rear yards.
In addition, the plat of survey shall show the location, elevation
and use of any abutting lands and their structures within 40 feet
of the subject site. The plat of survey may be waived at the discretion
of the Zoning Administrator and/or the Plan Commission in instances
where a survey is not deemed necessary.
(d)
Additional information as may be required by
the Zoning Administrator, Plan Commission and City Engineer, including
all information required for site plan approval.
(2)
Application for such permit shall be made to the Administrator
prior to or at the same time as the application for a building permit
or prior to the commencement of any use not involving a building permit.
(a)
Such application shall state that the building
or proposed use of a building or land complies with all the building
and health laws and with the provisions of this chapter, a statement
by the applicant as to the intended use of the premises and buildings
thereon.
(b)
Within 10 days after the notification of the
completion of the erection, alteration or relocation of the building
or of intent to commence a use, the Administrator shall make an inspection
of the premises and any building thereof and of the building and the
intended use thereof, and if the proposed use of the premises complies
with the requirements of this chapter, a zoning permit shall be issued.
(c)
For the purpose of defraying the cost of inspection
and administrative processing, such application shall be accompanied
by such fee as established by the Common Council.
C.
If, within 12 months of the date of application, no
zoning permit has been issued, any building permit related thereto
shall lapse, and the Administrator shall make immediate investigation
to ascertain that no use or occupancy has, in fact, commenced without
proper authority. Upon showing valid cause, the Administrator may
grant an extension of such permit for a period not to exceed six months.
D.
Pending the issuance of a regular permit, a temporary
permit may be issued for a period not exceeding six months during
the completion of alterations or during partial occupancy of a building
pending its permanent occupation. Such temporary permit shall not
be issued except under such restrictions and provisions as will adequately
ensure the safety of the occupants. A temporary permit shall be voided
if the building fails to conform to the provisions of this chapter
to such a degree as to render it unsafe for the occupancy proposed.
A.
Site plan approval. All applications for permits for
any construction, reconstruction, expansion or conversion shall require
site plan approval by the Plan Commission and the Architectural Review
Board in accordance with the requirements of this section.
B.
Application. The applicant for a zoning permit shall
also submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Architectural
Review Board or its expert consultants to determine whether the proposed
application meets all the requirements applicable thereto in this
chapter.
C.
Administration. The Zoning Administrator shall make
a preliminary review of the application and plans and refer them,
along with a report of his findings, to the Architectural Review Board
within 10 days. The Architectural Review Board shall review the application
and may refer the application and plans to any expert consultants
selected by the Common Council to advise whether the application and
plans meet all the requirements applicable thereto in this chapter.
Within 30 days of its receipt of the application, the Commission shall
authorize the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Architectural
Review Board shall consider the following:
(1)
The appropriateness of the site plan and buildings
in relation to the physical character of the site and the usage of
adjoining land areas.
(2)
The landscaping and appearance of the completed site.
The Architectural Review Board may require that those portions of
all front, rear and side yards not used for off-street parking shall
be attractively planted with trees, shrubs, plants or grass lawns
and that the site be effectively screened so as not to impair the
value of adjacent properties nor impair the intent or purposes of
this section.
E.
Effect on municipal services. Before granting any
site approval, the Architectural Review Board may, besides obtaining
advice from consultants, secure such advice as may be deemed necessary
from the City Engineer or other municipal officials, with special
attention to the effect of such approval upon existing municipal services
and utilities. Should additional facilities be needed, the Architectural
Review Board shall forward its recommendations to the Common Council
and shall not issue final approval until the Common Council has entered
into an agreement with the applicant regarding the development of
such facilities.
A.
Appointment. The Architectural Review Board shall be appointed as prescribed in Chapter 21, Boards, Commissions and Committees, of the Code of the City of Bayfield.
C.
Applications. Applications for approval by the Architectural
Review Board shall be made to the Zoning Administrator and shall be
accompanied by the zoning permit application required under this section
and, in addition, shall be accompanied by plans showing the exterior
elevations of the existing and proposed structure description of the
proposed materials and colors, proposed floor grades, and a list of
the names and addresses of the parties in interest.
D.
Hearings. Notice to be mailed to the applicant, Zoning
Administrator, and the parties in interest at least five days prior
to the hearing. The applicant may appear in person, by agent, or by
attorney.
E.
Findings. The Architectural Review Board shall not
approve any application unless they find beyond a reasonable doubt
after viewing the site that the following facts and conditions exist
and shall so indicate in the minutes of their proceedings. The exterior
design proposed is not unsightly or obnoxious and is not disharmonious
or so similar to existing or proposed neighboring developments that
substantial depreciation of neighboring property or development will
be caused by the applicant's proposal.
F.
The Architectural Review Board shall decide all applications
within five days after the final hearing and shall transmit a signed
copy of their decision to the applicant and file a copy with the Building
Inspector.
G.
Appeals. Any person or person aggrieved by any decisions
of the Architectural Review Board may appeal the decision to the Zoning
Board of Appeals. Such appeal shall be filed with the City Clerk within
30 days after filing of the decision with the Building Inspector.
Fees applicable to this chapter shall be set
by the Common Council.
A.
Rezoning application, per application (including repetitions
of previous applications).
B.
Conditional use permit application. All conditional
use applications shall be filed with the City Clerk along with said
fee. The filing fee shall be used to reimburse the City for publication
costs and attorney's fees incurred in relation to the application
and hearings thereon. The Zoning Administrator, upon receipt of an
application and the fee provided herein, shall immediately refer it
to the Plan Commission for consideration.
C.
Variance application. All applications for special
exceptions and variances and appeals shall be filed with the Zoning
Administrator along with said fee. The filing fee shall be used to
reimburse the City for publication costs and attorney's fees incurred
in relation to the application or appeal and hearings thereon. The
City Clerk, upon receipt of an application or appeal and the fee provided
herein, shall immediately refer it to the Zoning Board of Appeals
for consideration.
D.
Building permit application.
|
Type
|
Residential Permit Fees
|
Commercial Permit Fees
|
Additional/Special Comments
| |
|---|---|---|---|---|
|
New construction
|
As set by the Common Council
|
Requires a survey
| ||
|
Alterations:
Additions
Garages greater than 8 feet by 12 feet
New decks
|
As set by the Common Council
|
Requires a survey, any time setbacks questionable
(to be determined by the City)
| ||
|
Alterations:
Roofing
Small and existing decks
Sheds less than or equal to 8 feet by 12 feet
Siding
Window/door repair
Foundation work
|
As set by the Common Council
| |||
|
Maintenance:
Roof patching
Siding patching
Rotten board repair
Painting
|
As set by the Common Council
|
If there is a question about whether it qualifies
as maintenance, check with the Zoning Administrator first
| ||
|
Fencing (perimeter)
|
As set by the Common Council
|
No solid fences allowed in front yards
| ||
E.
Zoning permit application (initial fee, and other
fee if requested after the fact).
F.
Interpretation.
(1)
Regardless of how a property is officially zoned,
fees will be based on use; i.e., if commercially zoned property is
used residentially, then residential fees will apply, and if residentially
zoned property is used commercially, the commercial fees will apply.
(2)
The Architectural Review Board will require all contractors
listed on applications to present a copy of their Wisconsin Division
of Safety and Buildings credential card. They are encouraged to place
them on file in the Clerk's office for their convenience.
(3)
Surveys are required for all setback variance requests,
new construction, and additions when setbacks are questionable.
G.
Escrow deposits for consultants. If, in considering
an application for a conditional use permit, zoning permit, building
permit, or planned development district or other rezoning, the Plan
Commission determines that one or more outside consultants are required
in order for the Plan Commission to adequately evaluate the application,
the applicant shall pay to the City the costs of the consultant services,
as follows. Upon notice from the City that outside consultant services
are required, the applicant shall deposit $5,000 with the City, to
be held in escrow, upon which the City shall draw to pay for said
costs as they are incurred during the course of reviewing the application.
Itemized statements reflecting the amounts drawn from the deposit
shall be sent to the applicant each month. In the event that the escrow
deposit has been drawn down to 25% of the required amount, the applicant
shall replenish the escrow deposit to its original amount. If any
funds remain in the escrow deposit following final determination of
the application, such remaining funds shall be returned to the applicant
within 60 days of the determination, together with an accounting of
the deposits and draws on the escrow. Payments under this section
are in addition to the fees required under the other provisions of
this section.
[Added 12-18-2007 by Ord. No. 339]
A.
Violations. It shall be unlawful to use or improve
any structure or land, or to use water or air in violation of any
of the provisions of this chapter. In case of any violation, the Common
Council, the Zoning Administrator, the Architectural Review Board
or any property owner who would be specifically damaged by such violation
may cause appropriate action or proceeding to be instituted to enjoin
a violation of this chapter or cause a structure to be vacated or
removed.
B.
Remedial action. Whenever an order of the Zoning Administrator
has not been complied with within 30 days after written notice has
been mailed to the owner, the resident agent or occupant of the premises,
the Common Council, the Zoning Administrator or the City Attorney
may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in § 1-3 of the Code of the City of Bayfield.
