The Zoning Administrator shall have the following duties and
powers. The Zoning Administrator shall:
(1) Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms.
(2) Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
(3) Keep records of all permits issued, inspections made, work approved
and other official actions.
(4) 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.
(5) 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.
(6) Investigate and report violations of this chapter to the appropriate
municipal planning agency and the City Attorney.
The Common Council may, by resolution, adopt fees for the following:
(2) Certificates of compliance.
(4) Legal notice publications.
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.
The Zoning Board of Appeals established pursuant to §
1.17 of the City Code shall serve as the Board of Appeals for this chapter.
(1) Powers and duties. The Board of Appeals:
(a)
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.
(b)
Shall hear and decide applications for conditional use permits.
(c)
May authorize, upon appeal, a variance from the dimensional
standards of this chapter where an applicant convincingly demonstrates
that:
1.
Literal enforcement of the terms of this chapter will result
in unnecessary hardship for the applicant;
2.
The hardship is due to special conditions unique to the property
and is not self-created or based solely on economic gain or loss;
3.
Such variance is not contrary to the public interest as expressed
by the purpose of this chapter; and
4.
Such variance will not grant or increase any use of property
which is prohibited in the zoning district.
(2) 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 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 official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
(3) Public hearings.
(a)
Before making a decision on an appeal or application, 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 present testimony in person,
by agent or by attorney.
(b)
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.
(4) Decisions.
(a)
The final disposition of an appeal or application for a conditional
use permit before the Board of Appeals shall be in the form of a written
decision, made within a reasonable time after the public hearing and
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.
(b)
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.