The purpose of this article is to outline specific rules and procedures whereby the provisions of this chapter shall be administered and enforced.
The Zoning Administrator shall have the responsibility of administering and enforcing the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Zoning Administrator shall have the following powers to enforce the provisions of this chapter:
A.
Examine and approve any application pertaining to the use of land, buildings or structures to determine if the application conforms with the provisions of this chapter.
B.
Issue all zoning certificates and keep permanent records thereof.
C.
Conduct inspections of buildings, structures and uses of land to determine their compliance with this chapter.
D.
Receive, file and forward for action all applications for appeals, variations, conditional uses, and amendments to this chapter which are filed in the Zoning Office.
E.
Initiate, direct, and review, from time to time, a study of the provisions of this chapter, and make reports of his/her recommendation to the Planning Commission and the Common Council not less frequently than once a year.
F.
Revoke certificates of zoning compliance where provisions of this chapter are being violated.
G.
Maintain permanent and current records of this chapter, including all maps, amendments, conditional uses, and variations.
H.
Provide and maintain public information relative to all matters arising out of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Meeting and rules. All meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. All hearings conducted by the said Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this chapter or with the applicable Wisconsin Statutes.
B.
Offices. The Common Council shall provide suitable offices for the Board of Appeals for holding of hearings and the preservation of records, documents, and accounts.
C.
Appropriations. The Common Council shall appropriate funds to carry out the duties of the Board and the Board shall have the authority to expend, under regular procedure, all sums appropriated to it for the purpose and activities authorized herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Scope of appeals. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question.
B.
State of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
The Board shall fix a reasonable time, not more than 30 days from the date of filing, for the hearing of an appeal and shall give due notice thereof to all the parties involved. The Board or any of its officers it shall designate shall cause such hearings to be published in the City's newspaper or newspapers.
[Amended 2-8-1994 by Ord. No. 912; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Application for conditional use permit. An application for conditional use permit shall be filed with the Zoning Office. The application shall contain the following information:
(1)
Name and address of applicant.
(2)
Statement that the applicant is the owner or authorized agent of the owner of the property for which the change in district boundary or use is proposed.
(3)
Address and description of property.
(4)
An accurate drawing of the site and surrounding area for a distance of at least 300 feet from each boundary.
(5)
Name and address of adjacent property owners.
(6)
The application shall be accompanied with a filing fee in an amount as established from time to time by the Common Council.
B.
Hearing of appeal. Upon receipt of application, the Common Council shall hold at least one public hearing on the proposed conditional use. The hearing shall be recorded and filed in the Zoning Office. Such hearing shall be held following publication in the City of a Class 2 notice under Ch. 985, Wis. Stats. Owners of the adjacent properties shall also be notified. Their failure to get the notice or attend the hearing shall not invalidate the proceedings.
C.
Referral to the office of the Planning Commission. The Zoning Administrator shall refer the application for conditional use permit to the City Planning Commission at least 10 days before the public hearing. The Planning Commission shall submit a report and recommendation to the Common Council. No application for a conditional use shall be granted unless all of the following conditions are present:
(1)
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2)
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(5)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6)
That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
(7)
That the proposed use does not violate floodplain regulations governing the site.
(8)
That when applying the above standards to any new construction of a building or an addition to an existing building the Planning Commission and Common Council shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
D.
Conditions and guarantees. Prior to the granting of any conditional use, the Planning Commission may recommend and the Common Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in Subsection C above. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards, Council may modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that § 450-61C(1) and (2) will be met, the Common Council may revoke the subject conditional approval and direct the Building Inspector, Zoning Administrator and City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Common Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
[Amended 2-8-1994 by Ord. No. 913; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Purpose. The Board of Appeals shall determine and may vary the regulations of this chapter in harmony with its general purpose and intent only in specific instance where the Board of Appeals makes a finding of fact based on the standards hereinafter prescribed. Any variation granted by the Board of Appeals has to be referred to the Council for final approval. Variation from the provisions of this chapter may be granted by the Common Council on the recommendation of the Board of Appeals:
B.
Application for variation. The application for variation shall be filed with the Zoning Administrator. The application shall contain the following information:
(1)
Name and address of applicant.
(2)
Statement that the applicant is the owner or the authorized agent of the owner of the property.
(3)
Address and description of the property.
(4)
An accurate scale drawing of the site and the surrounding areas for a distance at least 800 feet from each boundary of the site showing the location of streets and property lines.
(5)
The application shall be accompanied with a filing fee in an amount as established from time to time by the Common Council.
C.
Public hearing of application. The Board of Appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than 15 days before the hearing in one or more of the newspapers in general circulation in the City of Neillsville.
D.
Referral to the office of the planning commission. The Zoning Administrator shall refer the application for variation to the Chair of the City Planning Commission at least 10 days before the public hearing for consideration. The Planning Commission shall submit a report and recommendation to the Board of Appeals on the variation before the public hearing.
E.
Recommendation of the Board of Appeals. The Board shall make an affirmative or negative recommendation to the Common Council after the public hearing. For the Board to make affirmative recommendation it must find that:
(1)
Denial of variation may result in hardship to the property owner due to physiographical considerations.
(2)
The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought.
(3)
The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.
(4)
The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.
(5)
The proposed variation will not undermine the spirit and general and specific purposes of this chapter.
(6)
The concurring vote of four members of the Board shall be necessary to recommend the authorization of any variance in this chapter.
F.
Disposition by the Common Council. After public hearing, the Board of Appeals shall forward its recommendations to the Common Council and the Common Council shall act within 30 days to authorize variation in the Ordinance or may refer it back to the Board for further consideration. Every variation shall be accompanied by a written finding of fact specifying the reason for making such variation. Any proposed variation which fails to receive the approval of the Board shall not be passed by the Common Council except by favorable vote of 3/4 of the Council members then holding office. A copy of the variation shall be supplied to the Zoning Administrator within 10 days of passage.
[Amended 2-8-1994 by Ord. No. 914; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Purpose. The purpose of this section is to provide a procedure for changing district boundaries, district regulations, off-street parking and other provisions of this chapter.
B.
Application for amendment. An application for an amendment shall be filed with the Zoning Office. The application shall contain the following information:
(1)
Name and address of applicant.
(2)
Statement that the applicant is the owner or authorized agent of the owner of the property for which the change in district boundary or use is proposed.
(3)
Address and description of property.
(4)
An accurate drawing of the site and surrounding area for a distance of at least 300 feet from each boundary.
(5)
Name and address of adjacent property owners.
(6)
The application shall be accompanied with a filing fee in an amount as established from time to time by the Common Council.
C.
Hearing of application. Upon receipt of application, the Common Council shall hold at least one public hearing on the proposed amendment. The hearing shall be recorded and filed in the Zoning Office. Such hearing shall be held following publication in the City of a Class 2 notice under Ch. 985, Wis. Stats. Owners of the adjacent properties shall also be notified. Their failure to get the notice or attend the hearing shall not invalidate the proceedings.
D.
Referral to the office of the Planning Commission. The Zoning Administrator or Officer shall refer the application for amendment to the City Planning Commission at least 10 days before the public hearing. The Planning Commission shall submit a report and recommendation to the Common Council, recommending approval where its findings indicate that the Zoning Code amendment will in no way endanger public health, safety, morals, comfort and general welfare; the Zoning Code amendment will not be injurious to the enjoyment of other property in the immediate vicinity; the establishment of the Zoning Code amendment will not impede the orderly development and improvement of other property for the use permitted in the district; and it shall conform to the applicable regulations of the district in which it is located.
E.
Disposition by Common Council. An amendment shall be passed by a majority vote of the elected members of the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Failure to comply with the provisions of this chapter shall be regarded as violations, and any person who commits such violation shall be liable to a forfeiture of not less than $25 nor more than $500, plus costs of prosecution, and upon failure to pay such fine and costs, shall be imprisoned for up to 90 days in Clark County Jail. Each day a violation is continued shall be considered a separate offense.