Where a zoning administrator, planning agency, Board of Appeals,
or other official has been appointed to administer a zoning ordinance
adopted under § 62.23(7), Wis. Stats., these officials shall
also administer this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Planning Commission is hereby authorized to administer the
provisions of this chapter and shall have the following duties and
powers:
A. Advise applicants of the provisions of this chapter, assist them
in preparing permit applications and appeal forms, and ensure that
the regional flood elevation for the proposed development is shown
on all permit applications.
B. Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
C. Keep records of all official actions such as:
(1) All permits issued, inspections made and work approved.
(2) Documentation of certified lowest floor and regional flood elevations
for floodplain development.
(3) Records of water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures including changes, appeals, variances
and amendments.
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 the following items to the Department district office:
(1) Within 10 days of the decision, a copy of any decisions on variances,
appeals for a map or text interpretation, and map or text amendments.
(2) Copies of any case-by-case analyses and any other information required
by the Department, including an annual summary of the number and types
of floodplain zoning actions taken.
F. Investigate, prepare reports, and report violations of this chapter
to the appropriate municipal planning agency and the municipal attorney
for prosecution. Copies of the violation reports shall also be sent
to the Department district office.
G. Submit copies of floodplain text and map amendments and biennial
reports to the regional FEMA office.
The City Council or Village Board may resolve to adopt the following
fees:
A. Building, zoning and conditional use permits.
B. Certificates of compliance.
D. Legal notice publications.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. The Planning Commission shall:
(1) Oversee the functions of the office of the zoning administrator;
(2) Review and make recommendations to the governing body on all proposed
amendments to this chapter, maps and text.
B. This Planning Commission shall not:
(1) Grant variances to the terms of the ordinance in place of action
by the Board of Appeals; nor
(2) Amend the text or zoning maps in place of official action by the
governing body.
The municipality's chief executive officer shall appoint a Board
of Appeals under § 62.23(7)(e), Wis. Stats., consisting
of five members subject to confirmation by the governing body. The
Board of Appeals shall exercise the powers conferred by Wis. Stats.,
and adopt rules for the conduct of their business as required by § 62.23(7)(e)3.,
Wis. Stats.
A. Powers and duties. The Board of Appeals shall:
(1) Appeals. 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) Variances. Hear and decide, upon appeal, a variance from the dimensional standards of this chapter pursuant to §
152-33.
(3) Boundary disputes. Hear and decide disputes concerning the district
boundaries shown on the Official Floodplain Zoning Map.
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 decision of the zoning administrator
or other administrative officer. Such appeals shall be taken within
30 days, 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 official
whose decision is in question shall transmit to the Board all the
documents constituting the record concerning the matter appealed.
C. Hearing appeals and applications for variances.
(1) Notice. The Board shall:
(a)
Fix a reasonable time for the hearing;
(b)
Publish adequate notice pursuant to Wis. Stats., specifying
the date, time and place and subject of the hearing;
(c)
Assure that notice shall be mailed to the parties in interest
and the appropriate district office of the Department at least 10
days prior to the hearing.
(2) Hearing. Any party may appear in person or by agent or attorney.
The Board shall:
(a)
Resolve boundary disputes according to §
152-32D.
(b)
Decide variance applications according to §
152-33.
(c)
Decide appeals of permit denials according to §
152-34.
(3) Decision. The final decision regarding the appeal or variance application
shall:
(a)
Be made within a reasonable time;
(b)
Be sent to the appropriate district office of the Department
within 10 days of the decision;
(c)
Be a written determination signed by the Chairman or Secretary
of the Board;
(d)
State the specific facts which are the basis for the Board's
decision;
(e)
Either affirm, reverse, vary, or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or grant or deny the application for
a variance;
(f)
Include the reasons or justifications for granting an appeal,
with a description of the hardship or practical difficulty demonstrated
by the applicant in the case of a variance, clearly stated in the
recorded minutes of the Board proceedings.
D. Boundary disputes. The following procedure shall be used by the Board
of Appeals in hearing disputes concerning the district boundaries
shown on the Official Floodplain Zoning Map:
(1) Where a floodplain district boundary is established by approximate
or detailed floodplain studies, the regional flood elevations or profiles
for the point in question shall be the governing factor in locating
the district boundary. If no regional flood elevations or profiles
are available to the Board, other available evidence may be examined.
(2) In all cases, the person contesting the location of the district
boundary shall be given a reasonable opportunity to present arguments
and technical evidence to the Board of Appeals.
(3) Where it is determined that the district boundary is incorrectly
mapped, the Board should inform the planning agency or the person
contesting the location of the boundary to petition the municipality
for a map amendment.