A.
Composition.
(1)
A Zoning Board of Appeals is hereby established. The Zoning Board
of Appeals will consist of five members. Members of the Board will
be appointed by the Mayor subject to confirmation by the Common Council.
Immediately after the adoption of this section, the Zoning Board of
Appeals shall be divided into three classes as follows:
(2)
Thereafter, members shall serve staggered, three-year terms, which
terms shall expire on the third Monday in April three years after
their appointment. Members are removable for cause and after a public
hearing by the Mayor and the Common Council. The Mayor will designate
one member as a Chairperson. Vacancies shall be filled for the unexpired
terms by appointment by the Mayor subject to confirmation of the Common
Council. The Mayor shall appoint, subject to confirmation by the Common
Council, two alternate members of the Board. Annually, the Mayor shall
designate one of the alternate members as first alternate and the
other as second alternate. The first alternate shall act, with full
power, only when a member of the Board refuses to vote because of
interest or when a member is absent. The second alternate shall so
act only when the first alternate so refuses or is absent or when
more than one member of the Zoning Board of Appeals so refuses or
is absent. The above provisions with regard to removal and the filling
of vacancies shall apply to such alternates.
B.
Powers of the Zoning Board of Appeals.
(1)
The Zoning Board of Appeals shall have the following powers:
(a)
To hear and decide appeals where it is alleged that the Zoning
Administrator has erred in the enforcement of this chapter.
(b)
To hear and decide special exceptions to the terms of this chapter.
(c)
To authorize, upon appeal in specific cases, variances from
the terms of this chapter where due to special conditions a literal
enforcement of the terms will result in practical difficulty or unnecessary
hardship.
(d)
To permit, in appropriate cases, a building or premises to be
erected or used for such public utility purpose in any location which
is reasonably necessary for the public convenience and welfare.
(e)
To interpret the words, terms, rules, regulations, provisions and restrictions of this chapter, where there is doubt of the intended meaning, and to determine the location of boundaries of districts where there is uncertainty after the rules in § 425-4 hereof for determining said boundaries have been applied.
(f)
To exercise such other powers and duties as specified in § 62.23(7)(e),
Wis. Stats.
(2)
In its action, the Zoning Board of Appeals shall impose appropriate
conditions and safeguards in harmony with the general purpose and
intent of this chapter, any violation of which shall be considered
a violation of this chapter.
C.
Hearing and notice. The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof, as well as due notice to the parties
in interest, and decide the same within a reasonable time. Upon the
hearing any party may appear in person or by agent or by attorney.
D.
Limitation of powers of Zoning Board of Appeals. The powers of the
Zoning Board of Appeals, except its power of interpretation, shall
be limited to action on specific appeals and applications only. A
Zoning Board of Appeals action shall not change or have the effect
of changing any rule, regulation, provision or restriction of this
chapter, without an amendment of this chapter, but shall affect only
its application in a specific case before the Zoning Board of Appeals.
B.
Review of conditional uses.
(1)
The Plan Commission, as directed by the Common Council shall review
the site plan, existing and proposed structures, architectural plans,
neighboring uses, parking areas, driveway locations, highway access,
traffic generation and circulation, drainage, sewerage and water systems,
and the proposed operation.
(2)
Conditions, such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards, or parking requirements, may be required by the Plan
Commission upon its finding that these conditions are necessary to
fulfill the purpose and intent of this chapter.
(3)
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access, and performance standards, shall be required of all conditional
uses.
(4)
Application. Applications for conditional use permits under the City
of Arcadia Code of Ordinances shall be submitted on application forms
prescribed by the City Clerk-Treasurer and shall include but not be
limited to a site plan and equipment list, proposed transportation
routes, soil erosion plans, stormwater management plans, cultural
resource site review status, if applicable, and reclamation plans
to restore the property to the condition in which it existed on the
date the permit was granted, or as nearly similar to the existing
condition as possible. No application shall be considered until all
information required by the application form has been submitted to
the City.
(5)
Processing and decision on application.
(a)
Review of the application, including site plan and equipment
list, proposed transportation routes, soil erosion plans, stormwater
management plans, cultural resource site review status, and reclamation
plans for the property, shall be conducted by the Plan Commission.
The Plan Commission shall then provide a written recommendation and
conditional use permit, reasons for the decision, and conditions imposed
to the Common Council for final decision.
(b)
Decision. All final decisions on applications for conditional
use permits shall be in writing, shall state the reasons for the decision,
and shall state any conditions imposed.
(6)
Term of permit. The conditional use permit shall state the term or
duration of the conditional use permit.
(7)
Annual review. Notwithstanding the foregoing, the permit, and all
conditions specified therein, may be subject to review by the Plan
Commission no less frequently that once each year during the term
of the permit. The findings and recommendations of the review shall
be provided to the Common Council for the proper course of action.
(8)
Termination; lapse; renewal.
(a)
In the event the holder of the permit shall violate or fail
to fulfill any of the conditions of the permit, the City shall give
written notice to the holder of the permit specifying the nature of
the violation or failure and establishing a reasonable amount of time
within which such violation or failure shall be corrected. In the
event the holder of the permit fails to cure the violation or failure
to the reasonable satisfaction of the City within the stated period
of time, the permit shall be terminated effective immediately upon
the expiration of the stated period of time.
(b)
Provided that the permit has not been terminated and has not
lapsed, the holder of the permit may petition the City for renewal
of the permit prior to the expiration of the term of the permit.
This chapter may be amended by changing any of the regulations
hereof, or the District Map or any of the districts thereon, in accordance
with § 62.23(7)(d), Wis. Stats.
A.
Zoning Administrator. The Common Council shall appoint a Zoning Administrator
to administer and enforce this chapter, to issue required permits,
to inspect buildings and the use of land and buildings, and to order
the remedying of violations of this chapter.
B.
Permits required. A zoning permit or a conditional use permit shall
be applied for and issued before the erection, construction, reconstruction,
enlargement or moving of any buildings, except for minor alterations
or repairs not involving change of use or moving or building, and
not costing over $2,500, and except for painting, decorating, siding
and roofing. Temporary permits for temporary buildings and uses incidental
to and necessary for the erection, alteration, enlargement, moving
and equipping of permitted buildings and uses may be issued for a
duration of up to one year.
C.
Plats. Each application for a permit shall be accompanied by a certified
survey map, if the land for which the permit is sought is not platted,
or a plat, in duplicate, drawn to scale, and showing the following:
location and dimensions of lot; proposed buildings on lot, if any;
existing buildings on adjoining lots or parcels, if any; building
setbacks and sizes of yards around existing and proposed buildings;
present and proposed uses of buildings; proposed off-street parking
spaces; proposed sewer, water disposal, and water supply system; and
other information required by the Zoning Administrator for the purposes
of this chapter.
A certificate of compliance, stating that the provisions of
this chapter have been complied with, is required prior to any occupancy
or use of any structure or land, or any change of use of an existing
structure or land, or prior to any change of nonconforming use. Application
for a certificate of occupancy shall be made to the Zoning Administrator,
who shall inspect the same and shall sign and issue a certificate
of compliance if found to be in conformity with the provisions of
this chapter.
A.
All departments, officials and employees of the City of Arcadia who
are vested with the duty or authority to issue permits or licenses
shall issue no such permit or license for any use, structure or purpose
if the same would not conform to the provisions of this chapter.
B.
The City of Arcadia or any adjacent or neighboring property owner
who would be specifically damaged by such violation may institute
appropriate action to prevent unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use; to restrain, correct or
abate such violation; to prevent the occupancy of said building, structure
or land; or to prevent any illegal act, conduct, business or use in
or about such premises.
C.
Other measures of enforcement and remedies shall be as authorized
by § 62.23(8), Wis. Stats.
D.
Penalty. Any person, firm or corporation in violation of the provisions
of this chapter shall be deemed guilty of an ordinance violation and
upon conviction thereof shall forfeit not more than $500. Each and
every day during which said violation continues shall be deemed a
separate offense.
