No person may construct, reconstruct, expand or structurally
alter a building or structure or undertake any other land development
regulated under this chapter without a permit from the City. This
requirement applies to all uses and structures under this chapter.
Prior to any construction, reconstruction, expansion or structural
alteration of a building or other structure, or any undertaking of
any other land development regulated under this chapter, the property
owner must apply for a permit from the City. Application for a permit
required by this section shall be made in writing upon a form to be
furnished by the Building Inspector and shall state the name and address
of the owner of the building and the owner of the land on which it
is to be erected, the name and address of the general contractor,
location of the land and building, the street number thereof, and
such other information as the Building Inspector may require.
A.
Survey. The survey shall be prepared and certified by a surveyor
registered by the state, shall be made within one year prior to the
issuance of a building permit, and shall bear the date of the survey.
The certified survey shall also show the following:
(1)
Location and dimensions of all buildings on the lot, both existing
and proposed.
(2)
Dimensions of the lot.
(3)
Dimensions showing all setbacks to all buildings on the lot.
(4)
Proposed grade of proposed structure.
(5)
Grade of lot and/or road opposite lot.
(6)
Grade and setback of adjacent buildings. If adjacent lot is vacant,
submit elevation of nearest buildings on same side of road.
(7)
Type of monuments at each corner of lot.
(8)
Watercourses or existing drainage ditches.
(9)
Distance from property line to back of street curb or paving edge
if no curb.
(10)
Seal and signature of surveyor.
B.
Plans and specifications. All plans shall be drawn to a scale on
paper and shall disclose the existing and proposed provisions for
water supply, sanitary sewer connections, and surface water drainage.
All dimensions shall be accurately figured. Drawings that do not show
all necessary detail shall be rejected. A complete set of plans for
residential construction shall consist of:
(1)
All elevations.
(2)
All floor plans.
(3)
Complete construction details.
(4)
Masonry fireplace details showing cross section of fireplace and
flues.
(5)
Plans of garage when garage is to be built immediately or location
of garage when it is to be built at a later date. All plans shall
remain on file in the office of the Building Inspector.
C.
Approval of plans and issuance of permits. If the Building Inspector
determines that the plans submitted for a single-family dwelling substantially
conform to the provisions of this chapter and all applicable building
codes and other legal requirements, an approval shall be issued. The
plans shall be stamped "conditionally approved" by the Building Inspector.
One copy shall be returned to the applicant and one copy shall be
retained by the Building Inspector. The conditions of approval shall
be indicated by a letter or on the permit. All conditions of the approval
shall be met during construction.
D.
Seal of registered engineer or architect. All plans, data, and specifications
for the construction of any building or structure or for any construction
in connection with existing buildings and structures, other than single-family
residences, containing more than 50,000 cubic feet, total volume,
submitted with an application for a permit, shall bear the seal of
a state registered architect or state registered engineer. The plans
shall also be stamped as approved as required by the State Department
of Safety and Professional Services. Such building or structure shall
be constructed under the supervision of an architect or engineer,
who shall be responsible for its erection in accordance with the approved
plans. No permit shall be granted for such structure unless such construction
will be under the supervision of an architect or engineer, as required
by statute. The architect or engineer shall file a written statement
to this effect with the Building Inspector when the application is
submitted.
E.
Drainage; grading of lots. The plans shall show the present and proposed
grades of the lot on which it is proposed to erect the building for
which a building permit is sought and of the immediately adjoining
property in sufficient detail to indicate the surface water drainage
before and after the completion of grading. No permit shall be issued
if the erection of the building and the proposed grades shall unreasonably
obstruct the natural flow of water from the surface of adjoining property
or obstruct the flow of any existing ravine, ditch, drain, or stormwater
sewer draining neighboring property, unless suitable provision is
made for such flow by means of an adequate ditch or pipe, which shall
be shown on the plans, and shall be constructed so as to provide continuous
drainage at all times. Stormwater drains. No dwelling shall be erected
nor shall existing provisions for conveyance of water from the roof
of any dwelling be altered or replaced unless provision is made to
convey water from the roof of the dwelling in such a manner that such
water will not, directly or indirectly, pass thence into the sanitary
sewer system. No stormwater or surface water drains may be connected
with the sanitary sewer system, whether installed above or below the
surface of the ground.
F.
Fees. Before receiving a building permit, the owner or his agent
shall pay all required fees established by the City and on file in
the City office. In applying the provisions of this chapter in respect
to new work, existing buildings, alterations and repairs, the value
of the work shall be determined by the Building Inspector on the basis
of current costs, or as otherwise provided in the local ordinances.
In addition to the permit process, all applicable state and local
building codes, regulations, ordinances, etc., that apply to any construction,
reconstruction, expansion or structural alteration of a building or
other structure, or any undertaking of any other land development,
apply.
Permit applications are subject to the following procedures:
A.
A public hearing shall be held by the Zoning Board of Appeals before any variance application is approved or denied. A public hearing shall be held by the Plan Commission before a recommendation to approve or deny any conditional use is made to the Common Council. In addition to any other notice requirements, notice of all public hearings and a copy of all application materials shall be provided to the Wisconsin Department of Natural Resources, Pierce County and the Mississippi River Regional Plan Commission at least 30 days before the public hearing. In addition to the requirements of this chapter, applications for conditional use permits will follow the applicable requirements of Chapter 635, Zoning, §§ 635-34 through 635-48, of this Code. In addition to the requirements of this chapter, applications for a variance will follow the applicable requirements of Chapter 635, Zoning, § 635-117, of this Code. All applications to the Plan Commission/Common Council for conditional use permits or the Zoning Board of Appeals for a variance from the requirements of this chapter shall require the following:
(1)
A Class 1 notice is required for the public hearings to be held by
the Plan Commission for an application for conditional use permit
and by the Zoning Board of Appeals for an application for variance.
(2)
Written notice of the application and public hearing to contiguous
landowners shall be given by mail or in person by the property owner
at least seven days prior to the Plan Commission or Zoning Board of
Appeals hearings.
B.
Conditional use and variance permit applications; information requirements.
(1)
A scale drawing or survey showing the property location, boundaries,
dimensions, elevations, bluff lines, slope preservation zones, utility
and roadway corridors, ordinary high-water mark, ordinary high-water-mark
setback, floodway and flood-fringe boundaries, and adjoining land
and water-oriented uses.
(2)
A recent aerial photo with property lines drawn in, showing the location
of existing and proposed structures including height and setback dimensions.
(3)
The location of existing and proposed alterations of vegetation and
topography, including any vegetative removal and replacement that
is proposed.
(4)
A mitigation plan, if required.
(5)
Photos of the site taken from the river slightly upstream and down
stream of the property, and directly offshore.
(6)
An erosion control and proposed grading plan.
(7)
A vegetative management plan, showing where vegetation is proposed
to be removed and replaced.
(8)
Any other information that the Plan Commission, Zoning Board of Appeals
or Wisconsin Department of Natural Resources deems appropriate in
making a decision. If the Plan Commission, Zoning Board of Appeals
or Wisconsin Department of Natural Resources requests additional information,
the applicant shall submit such information to the Commission or Board
and Department prior to any hearing on the application.
(9)
Applications for land divisions, planned cluster developments, bed-and-breakfast
operations, home occupations, nature-oriented educational, nonprofit
facilities and variances shall also include:
(10)
Applications for filling and grading, structural erosion control
structures, and road construction shall also include a plan showing
the proposed construction, reconstruction, location and design of
the filling and grading, structural erosion control measure or road
construction.
(11)
Applications for transmission services and wireless communication
service facilities shall also include:
(a)
For transmission services, a plan showing the location of proposed
facilities, and if not placed underground, a documentation of why
this is technically infeasible, and a plan outlining design and construction
methods to minimize adverse visual impacts to the riverway.
(b)
For wireless communication service facilities, a plan showing
the location of proposed facilities and an illustration of the methods
to be used to meet design requirements for the appropriate, stealth,
camouflage, and height requirements.
(12)
Applications for stairways and lifts shall also include a plan
showing the stairway or lift location, design, dimensions, color,
construction materials, erosion control measures and vegetative removal
and replacement. The plan shall contain a certification by a registered
professional engineer or architect that the stairway or lift components
are securely anchored to prevent them from shifting and from causing
erosion. The plan shall be approved, or modified and approved by the
local unit of government and incorporated into the conditional use
permit.
C.
Public hearing; decision record. The public hearing record shall
contain the comments of the applicant, the public, governmental agencies
and the members of the Common Council, Plan Commission or Zoning Board
of Appeals. The decision record shall specifically address the preservation
of the scenic and recreational resources of the riverway, especially
in regard to the view from and use of the river; the maintenance of
safe and healthful conditions; the prevention of and control of water
pollution, including sedimentation; the location of the site with
respect to floodways, floodplains, slope preservation zones and blufflines;
the erosion potential of the site based on degree and direction of
slope, soil type and vegetative cover; potential impact on terrestrial
and aquatic habitat; location of the site with respect to existing
or future access roads; adequacy of proposed wastewater treatment;
and compatibility with adjacent land uses. Any plan which requires
approval submitted with an application shall be approved, or modified
and approved, and included in the record as part of the permit application.
The City shall send a copy of each decision, including a summary of
the hearing, to the department, within five working days after the
date of consideration by the Plan Commission, Zoning Board of Appeals
or Common Council.
D.
Variance standards and procedures. Variances may only be granted
by the Zoning Board of Appeals in an overlay district where such an
action is not contrary to the public interest and where, due to special
conditions, a literal enforcement of the provisions of the ordinance
will result in unnecessary hardship, so that the spirit of the ordinance
shall be observed and substantial justice done. Economic considerations
alone do not constitute a hardship, nor may the hardship be self-created.
The Zoning Board of Appeals shall impose such conditions in the granting
of variances as will ensure compliance and protect adjacent properties
and the public interest, especially in regard to the view from the
river and environmental standards. In deciding on a variance request,
the Zoning Board of Appeals should consider whether compliance with
the strict letter of the ordinance governing area, setbacks, frontage,
height, or density unreasonably prevents the owner from using the
property for a permitted purpose, renders conformity with such restrictions
unnecessarily burdensome or unduly undermines the intent of the ordinance.
In making its decision, the Zoning Board of Appeals shall also consider
the effect of the variance on the neighborhood and the larger public
interest.
(1)
Variance application process. This section shall apply to all requests
for any variance from the requirements of this chapter:
(a)
An applicant for a variance shall submit an application on a
form provided by the City.
(2)
Decision. After reviewing all information provided by the applicant,
and after considering all information received at the public hearing,
the Zoning Board of Appeals shall make its decision, either on the
record at the meeting or in a separate written document, to be provided
to the applicant within 30 days of the final consideration on the
matter. A decision should address the following concerns:
(a)
Whether hardship has been demonstrated.
(b)
Whether the public interest is harmed by granting the variance.
(c)
Whether satisfactory evidence has been provided to insure that the applicable concerns in Subsection C of this section are met if the variance is granted.
(d)
Whether any reconstructed structures or new and expanded structures
for which a variance is granted are visually inconspicuous.
(e)
Whether best management practices regulating erosion and surface
water degradation on any project for which a variance is granted are
required.
(f)
Whether the effect on the neighborhood and property values has
been considered, and if an adverse effect will occur if the variance
is granted.
A public hearing is required, preceded by Class 2 notice, before
any zoning map or zoning text amendment may be approved or denied
by the City. In addition to any other notice requirements, notices
of all public hearing and copies of all submitted application materials
shall be provided to the Wisconsin Department of Natural Resources,
Pierce County and Mississippi River Regional Plan Commission 30 days
prior to the public hearing. Applications for map and text amendments
shall include:
A.
A scale drawing or survey showing the property location, boundaries,
dimensions, elevations, blufflines, slope preservation zones, utility
and roadway corridors, ordinary high-water mark, floodway, flood fringe,
and adjoining land- and water-oriented uses.
B.
Photos of the site taken form the river slightly upstream and downstream
of the property and directly offshore.
C.
Other information that the City of Prescott Zoning Administrator or Wisconsin Department of Natural Resources requests. If additional information is requested, the applicant shall provide the requested information to the City and Wisconsin Department of Natural Resources prior to the public hearing. The City may not amend the area or boundaries of the river town or Rural Residential Management Zones established in § 606-3 of this chapter and § NR 118.04, Wis. Adm. Code. The boundaries may only be changed by revision of § NR 118.04, Wis. Adm. Code.[1]
A.
All applications for conditional use permits, variances and map and
text amendments shall by reviewed by the department. The department's
comments shall be submitted to the City and included in the public
hearing record.
B.
Where additional information is introduced at the hearing by the
applicant or where the applicant may wish to review the department's
or City's opposition, the hearing record may be held open for
review of the information. If, at the end of 30 days after the date
of the hearing, the City has not scheduled a second hearing on the
application at the request of the applicant, the department or the
City, the hearing record shall be closed.
A.
Where necessary to accommodate a disabled person entitled to reasonable
accommodations under the Americans with Disabilities Act, the Federal
Fair Housing Act or the Wisconsin Open Housing Law, the City shall
issue a special administrative permit to allow a disabled person an
accommodation that is necessary and reasonable and that would otherwise
violate the strict requirements of this chapter, provided the accommodation
does not cause undue hardship or fiscal or administrative burdens
on the City or does not undermine the basic purpose of this chapter,
as follows:
B.
The City may not issue variances to disabled persons unless the statutory
variance criteria in § 62.23(7), Wis. Stats. is satisfied.
If a special administrative permit is issued in order to accommodate
a disabled person entitled to reasonable accommodations under the
Americans with Disabilities Act, the Federal Fair Housing Act or the
Wisconsin Open Housing Law, that special administrative permit terminates
when the person whose disability it was intended to accommodate no
longer uses the site. Such permits are unique to the individual and
are not transferable.
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[Note: The Americans with Disabilities Act (ADA), 42 U.S.C.
§§ 12101 to 12213, requires state and local units of
government to take action to avoid discriminating against disabled
persons in their employment practices, in public accommodations and
in all programs, activities and services provided by the governmental
entity. The Federal Fair Housing Act, 42 U.S.C. §§ 3601
to 3631, and the Wisconsin Open Housing Law, § 106.50, Wis.
Stats., require local governments to make "reasonable accommodations"
in the application of zoning ordinances in order to provide equal
opportunity in housing to disabled persons. However, the issuance
of a variance is not the appropriate mechanism for granting reasonable
accommodations that are required because of a person's disabilities
because under Wisconsin law variances can only be granted based on
the unique characteristics of the property.]
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A.
Violations. No building or structure shall be erected, constructed,
placed, moved or structurally altered, reconstructed or expanded nor
shall any use of land, premises, building or structure be established
or changed in violation of any provision of this chapter. No person
shall fail to comply with any standard of this chapter or with any
condition or qualification placed upon the issuance of any permit,
approval or variance granted under this chapter.
B.
Responsible parties. Owners of land, occupants of land and agents
of owners or occupants including, without limitation because of enumeration,
building contractors, surveyors, plumbers, installers, soil technicians,
landscapers, road builders, grading and excavating contractors and
their agents are responsible for compliance with all provisions of
this chapter which bear upon their area of competency and responsibility.
Any such person who violates or aids or abets any violation of this
chapter shall be subject to prosecution for such violations and to
legal action seeking remedial action.
C.
Notice. If the City becomes aware of a condition that is or is likely to become a violation of this chapter as defined in Subsection A above, the City shall immediately notify the parties it deems responsible and potentially liable for said violation. The notice shall include a description of the circumstances giving rise to the City's conclusion of an existing or potential violation and a demand that the condition alleged to constitute the present or potential violation be halted, prevented from occurring or remedied. If an enforcement demand from the City is not complied within 30 days of issuance of the notice, the City may file a complaint to prosecute the alleged violation and may seek remedial action.
D.
Violation remedies. A forfeiture in the amount established by the Common Council in Chapter 42, Citations, of this Code shall be imposed upon conviction or adjudication of violation of this chapter. The City shall also be entitled to recover its actual legal fees and costs of prosecuting violations of this chapter. Each day a violation exists or continues shall constitute a separate offense for purposes of imposing a forfeiture. The City may also seek emergency or permanent injunctive relief, seeking site restoration or prohibition of a practice, action or continuing course of action, plus the actual fees and costs of obtaining said order.
E.
Other enforcement provisions.
(1)
Where a permit or variance has been approved subject to specified
conditions, and where any such condition is not complied with by the
permit or variance holder, the City may conduct a hearing, following
procedures similar to those followed in considering the granting of
said permit or variance, to consider whether the permit or variance
holder is in noncompliance with the conditions of the permit, variance
or this chapter. Finding of noncompliance with conditions originally
imposed or with other provisions of this chapter shall be grounds
for revocation of the permit or variance.
(2)
The City may require the creation, approval by the City and recording
of correction instruments correcting errors in distances, angles,
directions, bearings, chords or lot numbers, read names or other details
of a recorded Certified Survey Map or plat at the expense of the subdivider
or affected property owners.
(3)
No provision of this chapter shall be construed to bar private action
to enjoin or abate the use or occupancy of any land or structure as
a nuisance by the City or by any private party.
Should any portion of this chapter be declared by any state
or federal court to be invalid for any reason, the remainder of this
chapter shall not be affected. Notes shown in the body of this chapter
are for reference only. The notes and materials to which they refer
are not to be construed a part of this chapter.
