This chapter contemplates an administrative and enforcement
officer titled the "Zoning Administrator" to administer and enforce
the same. Certain considerations, particularly with regard to granting
of permitted conditional uses and planned unit development conditional
uses, changing zoning districts and the Zoning Map, and amending the
text of this chapter, require review and action by the Common Council.
A Zoning Board of Appeals is provided to assure proper administration
of this chapter and to avoid arbitrariness.
A.
The Common Council shall designate a City official to serve as the
Zoning Administrator and as the administrative enforcement officer
for the provisions of this chapter. The duty of the Zoning Administrator
shall be to interpret and administer this chapter and to issue, after
on-site inspection, all permits required by this chapter. The Zoning
Administrator shall further:[1]
(1)
Maintain records of all permits issued, inspections made, work
approved and other official actions.
(2)
Inspect all structures, lands and waters as often as necessary
to assure compliance with this chapter.
(3)
Investigate all complaints made relating to the location of
structures and the use of structures, lands and waters, give notice
of all violations of this chapter to the owner, resident, agent or
occupant of the premises and report uncorrected violations to the
City Attorney in a manner specified by him.
(4)
Prohibit the use or erection of any structure, land or water
until he/she has inspected and approved such use or erection.
(5)
Request assistance and cooperation from the City Administrator,
Building Inspector and City Attorney as deemed necessary.
B.
Due to the size of the City of New Lisbon it may not be feasible
to find a suitable person willing to take on the responsibility of
being Zoning Administrator on a part-time basis. It is therefore provided
that the function of the Zoning Administrator can be delegated to
a committee of the Council or a single member of the Council or the
Mayor. An officer other than a Council member or another employee
of the City may also be designated to handle the duties of Zoning
Administrator on a part-time basis in addition to the other duties
performed by such person. In the absence of a different appointment
being made, the City Clerk-Treasurer shall serve as the Zoning Administrator.
A.
Common Council. The Common Council, the governing body of the City,
subject to the holding of public hearings by said Council, has ultimate
authority to grant permitted conditional uses and planned unit development
conditional uses, to make changes and amendments in zoning districts
and the Zoning Map, and to amend the text of this chapter.[1]
A.
Zoning permit required. No new structure, new use of land, water
or air or change in the use of land, water or air shall hereafter
be permitted and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit. The zoning permit may be issued as
part of issuance of a building permit; there shall be a charge for
only one permit under such circumstances.
B.
Application. Applications for a zoning permit shall be made to the
Zoning Administrator and shall include the following where pertinent
and necessary for proper review:
(1)
Names and addresses of the applicant, owner of the site, architect,
professional engineer and contractor.
(2)
Description of the subject site by lot, block and recorded subdivision,
certified survey map or by metes and bounds; address 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.
(3)
Plat of survey prepared by a land surveyor registered in the
State of Wisconsin or other map drawn to scale and showing such of
the following as may be required by the Zoning Administrator: the
location, boundaries, dimensions, uses, and size of the following:
subject site; existing and proposed structures; existing and proposed
easements, streets and other public ways; public utilities; off-street
parking, loading areas and driveways; existing highway access restrictions;
high water; channel, floodway and floodplain boundaries; and existing
and proposed street, side and rear yards.
(5)
Additional information as may be required by the Zoning Administrator
or Common Council.
C.
Action.
(1)
Subject to the requirements of § 520-103, a zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application and the applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within six months unless substantial
work has commenced or within 18 months after the issuance of the permit
if the structure for which a permit is issued is not substantially
completed, in which case of expiration the applicant shall reapply
for a zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions of this chapter
shall be null and void.
A.
Applicability. All applications for zoning permits for any construction,
reconstruction, expansion or conversion, except for one- and two-family
residences in residential districts, shall require site plan approval
by the Common Council in accordance with the requirements of this
section.
B.
Submission. 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 Common Council 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 Common Council within 10 days. The Common
Council 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 45 days of its receipt
of the application, the Common Council shall authorize the Zoning
Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Common Council 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 layout of the site with regard to entrances and exits to
public streets, the arrangement and improvement of interior roadways,
and the location, adequacy and improvement of areas for parking and
for loading and unloading and shall, in this connection, satisfy itself
that the traffic pattern generated by the proposed construction or
use shall be developed in a manner consistent with the safety of residents
and the community, and the applicant shall so design the construction
or use as to minimize any traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site. The Common
Council 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 or impair
the intent or purposes of this section.
E.
Effect on municipal services. Before granting any site approval,
the Common Council 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 Common Council shall not issue
final approval until the Common Council has entered into an agreement
with the applicant regarding the development of such facilities.
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 or any property owner who would be specifically
damaged by such violation may cause appropriate action or proceedings
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, 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 which 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 § 1-4 of this Code of Ordinances.