The purpose of this article is to establish the administrative
and enforcement framework for the application of this chapter.
The Building Inspector, and/or other designee of the Village
Administrator, is hereby designated as the administrative and enforcement
officer(s) for the provisions of this chapter and is also herein referred
to as the Zoning Administrator. The general duty of the Zoning Administrator
is to interpret and administer this chapter, as well as certain other
Village of Williams Bay ordinances as indicated within those ordinances.
A.
With
respect to this chapter, the Zoning Administrator shall have the following
specific duties and responsibilities:
(1)
Determine that all amendments, permits, and site plans comply
with the provisions of this chapter.
(2)
Conduct inspections of buildings, structures, waters, and land
to determine compliance with all provisions of this chapter.
(3)
Maintain permanent and current records of this chapter, including
but not limited to all permits issued, fees collected, inspections
made, work approved, map amendments, conditional uses, temporary uses,
sign permits, site plans, occupancy permits, variances, appeals, interpretations,
and applications thereof.
(4)
Record the first floor and lowest floor (basement or crawlspace)
elevations of all structures erected, moved, altered, or improved
in the floodplain overlay districts.
(5)
Receive, file, and forward all applications for all procedures
governed by this chapter to the designated official bodies.
(6)
Investigate all complaints made relating to the location of
structures and the use of structures, lands, and waters.
(7)
Give notice of all violations of this chapter to the owner,
resident, agent, or occupant of the premises, and report uncorrected
violations to the Village Attorney in a manner specified by him.
(8)
Institute, in the name of the Village of Williams Bay, any appropriate
actions or proceedings against a violator of this chapter, as provided
by law, and assist the Village Attorney in the prosecution of violations
of this chapter.
(9)
Prohibit the use or erection of any structure, land, or water
until inspection and approval of such use or erection.
(10)
Where useful, the Zoning Administrator may set marks on bridges
or buildings or other markers depicting the depth of the regional
flood or may set marks delineating the boundaries of wetlands.
(11)
Request assistance and cooperation from the Village Police Department
and Village Attorney as deemed necessary.
(12)
Make available to the public, to the fullest extent possible,
all reports and documents concerning the Village's Comprehensive Plan
and ordinances. In addition, information in the form of reports, bulletins,
maps, and engineering data shall be readily available and widely distributed.
The Village Board may set fees necessary to recover the cost of providing
information to the public.
(14)
Grant minor variations from the dimensional (setback, height,
and area) requirements of this chapter, up to a maximum variation
of 5% for setbacks and height limitations and up to a maximum variation
of 5% or 1,000 square feet for area requirements (whichever is less),
so long as the spirit and intent of the performance standards are
preserved.
(15)
Establish that all necessary permits required for floodland
uses by state and federal law have been secured.
(16)
Attend all meetings of the Village Plan Commission and the Village
Zoning Board of Appeals.
B.
In the
enforcement of this chapter, the Zoning Administrator shall be permitted
access to premises and structures during reasonable hours to make
those inspections as deemed necessary by him to ensure compliance
with this chapter. If entry is refused, the Zoning Administrator may
procure a special inspection warrant in accordance with § 66.0119(2),
Wis. Stats.
The Plan Commission, together with its other statutory duties,
shall make reports and recommendations relating to the planning and
development of the Village to the Village Board, other public officials,
and other interested organizations and citizens. The Plan Commission
shall have such powers as may be necessary to enable it to perform
its functions and promote municipal planning. Under this chapter,
its functions are primarily recommendatory to the Village Board pursuant
to the guidelines set forth in this chapter.
The Village Board, the governing body of the Village, subject
to recommendations by the Plan Commission, has ultimate authority
to make changes and amendments to this Zoning Ordinance and the Official
Zoning Map. The Village Board may, in arriving at its decision, on
occasion and of its own volition, conduct its own public hearing.
There is hereby established a Zoning Board of Appeals for the
Village of Williams Bay for the purpose of hearing appeals and granting
variances and exceptions to the provisions of this Zoning Ordinance.
A.
Membership.
(1)
The Zoning Board of Appeals shall consist of five members appointed
by the Village President and confirmed by the Village Board.
(2)
The Village President shall appoint a first alternate member
and a second alternate member to act only when a regular member is
absent or refuses to vote because of interest.
(3)
The second alternate member may act only when the first alternate
is unable to act or is already sitting.
(4)
Terms shall be for staggered three-year periods.
(5)
The Village Clerk shall serve as the secretary.
(6)
Two members shall be Village Board members and three members
shall be citizen members.
(7)
One member shall be a Village Plan Commissioner and one member
shall be a registered architect, professional engineer, builder, real
estate agent, or certified planner.
(8)
Official oaths shall be taken by all members in accordance with
§ 19.01, Wis. Stats., within five days of receiving notice
of their appointment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(9)
The Zoning Administrator shall attend all meetings for the purpose
of providing technical assistance when requested by the Board.
(10)
Vacancies shall be filled for the unexpired term in the same
manner as appointments for a full term.
B.
Organization.
(1)
The Zoning Board of Appeals shall organize and adopt rules of
procedure for its own government in accordance with the provisions
of this chapter.
(2)
The Zoning Board of Appeals shall hold meetings as prescribed
in its rules of procedures and such meetings shall be open to the
public.
(3)
Minutes of the proceedings and a record of all actions taken
shall be kept showing the vote of each member upon each question,
the reasons for the Board's determination, and its findings of fact.
These records shall be immediately filed in the official records of
the Zoning Board of Appeals and shall be a public record.
(4)
When a quorum is present, the concurring vote of the majority
is required to correct an error, grant a variance, or make an interpretation.
(5)
Members shall serve without compensation.
(6)
Members shall be removable by the Village President for cause
upon written charges and after public hearing.
(7)
The Village President shall designate one of the members Chairperson
and the Zoning Board of Appeals may designate such other officers
and employ such employees as it feels necessary.
C.
Powers.
(1)
The Zoning Board of Appeals shall have the following powers:
(a)
To hear and decide appeals when it is alleged there is error
in any order, requirement, decision, or determination made by the
Zoning Administrator or Plan Commission.
(b)
To hear and grant variances as will not be contrary to the public
interest, when, owing to special conditions, a literal enforcement
will result in unnecessary hardship, so that the spirit and purposes
of this chapter shall be observed and the public safety, welfare,
and justice secured. Use variances shall not be granted.
(c)
To hear and decide applications for interpretations of the zoning
regulations and the boundaries of the zoning districts after the Plan
Commission has made a review and recommendation.
(d)
To hear and grant applications for substitution of more restrictive
nonconforming uses for existing nonconforming uses, provided no structural
alterations are to be made and the Plan Commission has made a review
and recommendation. Whenever the Board permits such a substitution,
the use may not thereafter be changed without application.
(e)
To 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 the Shoreland-Wetland
Overlay Zoning District provisions.
(2)
The Board may reverse, affirm wholly, or partly modify the requirements
appealed from, and may issue or direct the issue of a permit.
(3)
Conditions may be placed upon any building permit ordered or authorized
by the Zoning Board of Appeals.
(4)
The Board may request assistance from other Village officers, departments,
commissions, and boards.
(5)
The Chairperson may administer oaths and compel the attendance of
witnesses.
D.
Review by court of record. Any person or persons aggrieved by any
decision of the Zoning Board of Appeals may present to the court of
record a petition duly verified setting forth that such decision is
illegal and specifying the grounds of the illegality. Such petition
shall be presented to the court within 30 days after the filing of
the decision in the office of the Zoning Board of Appeals.
A.
All persons, firms, or corporations performing work that by this
chapter requires the issuance of a permit shall pay a fee for such
permit to help defray the cost of administration, investigation, advertising,
and processing of permits. Permit fees shall be in addition to those
established by the Village Building, Plumbing, and Electric Codes.
The fees for permits shall be in accordance with the most current
"Resolution of the Village Board Establishing Zoning Fees," which
is on filed in the office of the Village Clerk.
B.
All fees shall be established by separate resolution by the Village
Board from time to time as deemed appropriate.
C.
Fees shall be payable at the time applications are filed with the
appropriate officer of the Village (per the requirements of this chapter)
and are not refundable.
D.
A double fee shall be charged if work is started before a permit is applied for and issued, or if a building is occupied prior to the issuance of a certificate of compliance, per § 390-1211. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
A.
General provisions.
(1)
In addition to any other fees required to be paid in conjunction
with the filing of an application requesting any consideration on
the part of the Village Board, the Village Plan Commission, or the
Village Board of Appeals to establish or modify any use of land or
subdivision of land within the Village, the person, partnership, or
entity requesting such consideration (hereinafter called "applicant")
shall compensate the Village for all costs and expenses the Village
incurs in the consideration of any such application or request. The
obligation to compensate the Village for its costs or expenses shall
include costs incurred as part of any preapplication discussions with
the Village or its representatives that precede an application to
the Village.
(2)
Applicant certificate and agreement. Before the Village shall
incur any costs or expenses in consideration of any application as
described in this section, the applicant shall sign a Cost Recovery
Certificate and Agreement on a form to be made available by the Village
Clerk acknowledging the applicant's responsibility for all Village
costs and expenses directly or indirectly related to the consideration
of the applicant's proposal. The original of said Certificate and
Agreement shall be kept on file with the Village Clerk. A copy shall
be given to the applicant at the time of signing.
B.
Costs recoverable. All costs that are incurred by the Village in
the consideration of any proposals related to the Village zoning or
subdivision ordinance, the Official Map, building code, property maintenance
code, or tax increment finance districts shall be recoverable. This
shall include all professional and technical consultant services and
fees incurred by the Village and rendered in review of any application,
including but not limited to the Village Engineer, Planner, Building
Inspector, Village Attorney or any other professional or expert hired
by the Village for purposes of review of the application or preapplication.
C.
Billing of costs. The Village Clerk shall, on a monthly basis, bill
all costs recoverable pursuant to this section to the applicant. Said
costs shall be paid by applicant within 10 days of receipt of the
Village's billing. The Village Board may require an applicant to submit
an advance deposit against future billings by the Village for the
recovery of costs provided by this section. Surplus deposits shall
be returned to the applicant at the conclusion of the project if such
deposit exceeds the amount of billings for recoverable costs.
D.
Condition of all applications. Notwithstanding anything in the Village
Municipal Code to the contrary, an applicant's failure to pay in full
all recoverable costs pursuant to this section shall cause the Village
to halt any further consideration of or action on the applicant's
proposal until such recoverable costs have been paid. This condition
shall extend to any Village Board request for an advance deposit against
future billings for recoverable costs, as called for herein.
E.
Enforcement. In addition to those provisions for enforcement contained
in the Village Municipal Code, in the event the Village is not paid
billed recoverable fees as called for herein, the Village shall be
entitled to assign such fees as a special assessment to the subject
property. The Village shall also be entitled to recover all actual
attorney fees, litigation expenses, witness fees, filing fees, expert
witness fees, and all other costs or expenses incurred by the Village
in the prosecution of a violation of this section.
