The City Clerk/Treasurer is appointed Zoning Administrator for
the purpose of administering and enforcing this chapter. The Zoning
Administrator shall have the following duties and powers:
A. Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
B. Keep records of all permits issued, inspections made, work approved
and other official actions.
C. 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.
D. Submit copies of decisions on variances, 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.
E. Investigate and report violations of this chapter to the appropriate
municipal planning agency and the district attorney, corporation counsel
or municipal attorney.
The municipal governing body may, by resolution, adopt fees
for the following:
B. Certificates of compliance.
D. 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 are violated, the permit
shall be revoked by the Board of Appeals.
The City Mayor shall appoint a Board of Appeals under § 62.23(7)(e),
Wis. Stats., consisting of five members subject to confirmation by
the municipality's governing body. The Board of Appeals shall adopt
rules for the conduct of its business as required by § 63.23(7)(e)3,
Wis. Stats.
A. 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 administration
official in the enforcement or administration of this chapter.
(2) May authorize upon appeal a variance from the dimensional standards
of this chapter where an applicant convincingly demonstrates:
(a)
That literal enforcement of the terms of the chapter will result
in unnecessary hardship for the applicant;
(b)
That the hardship is due to special conditions unique to the
property and is not self-created or based solely on economic gain
or loss;
(c)
That such variance is not contrary to the public interest as
expressed by the purpose of this chapter; and
(d)
That such variance will not grant or increase any use of property
which is prohibited in the zoning district.
B. 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.
C. 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 Chapter 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.
(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.
D. Decisions.
(1) The final disposition of an appeal 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 all
the Board's determination and shall either affirm, reverse, or modify
the order, requirement, decision or determination appealed, in whole
or in part, or dismiss the appeal for lack of jurisdiction or prosecution.
(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.