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.
F.
Investigate and report violations of this chapter to the appropriate
City planning agency and the District Attorney, Corporation Counsel
or Municipal Attorney.
A.
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a land use permit shall be obtained from the Zoning Administrator before any new development, as defined in § 406-26 of this chapter, or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a land use permit shall be made to
the Zoning Administrator upon forms furnished by the City and shall
include, for the purpose of proper enforcement of these regulations,
the following information:
(2)
Site development plan. The site development plan shall be drawn to
scale and submitted as a part of the permit application form and shall
contain the following information:
(a)
Dimensions and area of the lot;
(b)
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways;
(c)
Location of any existing or proposed on-site sewage systems
or private water supply systems;
(d)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(e)
Location and landward limit of all wetlands;
(f)
Existing and proposed topographic and drainage features and
vegetative cover;
(g)
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps used to delineate floodplain
areas;
(h)
Location of existing or future access roads; and
(i)
Specifications and dimensions for areas of proposed wetland
alteration.
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)
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 § 406-22B, C and D of this chapter for hearing and deciding appeals.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in § 406-12C 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 § 406-3 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.
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.
The City Mayor shall appoint a Zoning Board of Appeals under
§ 62.23(7)(e), Wis. Stats., consisting of five members 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 § 63.23(7)(e)3, Wis. Stats.
A.
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.
(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.
B.
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.
C.
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.
D.
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.
