The Zoning Administrator shall have 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.
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 § 508-24B 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)
Location 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)
Location and landward limit 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 one year from the date of issuance.
A.
Except where no zoning permit or conditional use 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 provisions:
(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
the completion of the work specified in the zoning or conditional
use permit, providing the building or premises or proposed use thereof
conforms with 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 therefor 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 the adoption of this chapter, 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.
A.
Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Board of Appeals, following the procedures in § 508-21C, D and E for hearing and deciding appeals.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in § 508-11C of this chapter, the Board of Appeals shall attach such conditions to a conditional use permit in addition to those required elsewhere in this chapter as are necessary to further the purposes of this chapter as listed in § 508-2 of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion potential; increased side yard setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
The Village Board, by resolution, shall establish fees for permits
and administrative procedures under this chapter.
Where a zoning permit or conditional use 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 or conditional use permit
are violated, the permit shall be revoked by the Board of Appeals.
A.
Appointment. The Village President shall appoint a Board of Appeals under Chapter 14 of this Code and § 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the Village Board. The Board of Appeals shall adopt rules for the conduct of the business of the Board of Appeals as required by § 62.23(7)(e)3, Wis. Stats.
B.
Powers and duties. The 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)
Shall hear and decide applications for conditional use permits under
this chapter.
(3)
May authorize, upon appeal in specific cases, such variance from
the terms of this chapter as shall not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of this
chapter will result in unnecessary hardship. In the issuance of a
variance, the spirit of this chapter shall be observed and substantial
justice done. No variance from the terms of this chapter shall be
granted which is contrary to the public interest. A variance may be
granted where, owing to special conditions, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship.
The granting of a variance shall not have the effect of granting or
extending any use of property which is prohibited in that zoning district
by this chapter.
C.
Appeals to the Board. Appeals to the 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 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 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 Ch. 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 or application for a conditional
use permit to the Board of Appeals shall be in the form of a written
decision, made within a reasonable time after the public hearing,
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, dismiss the appeal
for lack of jurisdiction or prosecution, or grant the application
for a conditional use.
(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, from time to time, 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., 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 Plan Commission, 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 10 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 Plan Commission
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 Plan Commission 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 § 61.351(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under § 61.351(6), Wis. Stats., is completed or otherwise terminated.
