The Zoning Administrator is hereby authorized to administer
the provisions of this chapter. The Zoning Administrator shall have
the following duties and powers:
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
municipal planning agency and the District Attorney 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 or conditional use permit
are violated, the permit shall be revoked by the Zoning Board of Appeals.
The Zoning Board of Appeals shall be appointed under § 62.23(7)(e), Wis. Stats., in accordance with §
19-3 of the City Code. The Zoning Board of Appeals shall adopt rules for the conduct of its business as required by § 62.23(7), 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 a variance from the dimensional standards
of this chapter where an applicant convincingly demonstrates that:
(a)
Literal enforcement of the terms of this chapter will result
in unnecessary hardship for the applicant;
(b)
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)
Such variance is not contrary to the public interest as expressed
by the purpose of this chapter; and
(d)
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 Zoning Board of Appeals may
be taken by any person aggrieved or by an officer, department, board
or bureau of the municipality 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 Zoning 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 or application, 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 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 or application for a conditional
use permit before the Zoning 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 Chair. 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.
(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.