The Zoning Administrator shall have the following duties and
powers. The Zoning Administrator shall:
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.
A.
Except where no land use 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]
(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 land use permit or conditional use permit.
(3)
The certificate of compliance shall be issued within 10 days after
the completion of the work specified in the land use permit or conditional
use permit, provided that the building or premises or proposed use
thereof conforms to 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 Common Council.
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 Zoning Board of Appeals, following the procedures in § 608-21C, 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 § 608-12C of this chapter, the Zoning 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 § 608-2 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 Zoning Board of Appeals may require the applicant to furnish, in addition to the information required for a land use permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.[1]
The Common Council may, by resolution, adopt fees for the following:
Where a land use 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 land use permit or conditional use
permit are violated, the permit shall be revoked by the Zoning Board
of Appeals.
A.
Appointment. The Mayor shall appoint a Zoning Board of Appeals under § 25-4 of this Code and § 62.23(7)(e), Wis. Stats., subject to confirmation by the Common Council. The Zoning Board of Appeals shall adopt rules for the conduct of the business of the Zoning Board of Appeals as required by § 62.23(7)(e)3, Wis. Stats.[1]
B.
Powers and duties. The Zoning 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 Zoning 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 Zoning 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 Zoning 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 Zoning 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 persecution, 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 Common Council 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., Ch. NR 117, Wis. Adm. Code, 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 City planning agency.
B.
All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the City 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 Common Council
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 City 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 City Plan
Commission on the proposed text or map amendment within 10 days after
the submission of those recommendations to the Common Council; and
(2)
Written notice of the Common Council's action on the proposed
text or map amendment within 10 days after the action is taken.
F.
If the Department notifies the City 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 Common Council, may not become effective until more than 30 days have elapsed since written notice of the Common Council approval was mailed to the Department, as required by Subsection E of this section. If, within the thirty-day period, the Department notifies the Common Council that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the City under § 62.231(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under § 62.231(6), Wis. Stats., is completed or otherwise terminated.