(A) Zoning Administrator. The Zoning Administrator and Village Engineer are authorized to administer this chapter and shall have the following duties and powers:
(1) Advise applicants as to the provisions of this chapter and assist them in preparing permit applications and appeal forms;
(2) Issue permits and certificates of compliance and inspect properties for compliance with this chapter;
(3) Keep records of all permits issued, inspections made, work approved, and other official actions;
(4) 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;
(5) Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied to the appropriate district office of the state’s Department of Natural Resources; and
(6) Investigate and report violations of this chapter to the appropriate municipal planning agency and the district attorney, corporation counsel, or municipal attorney.
(B) Zoning permits.
(1) When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in § 151.02, or any change in the use of an existing building or structure is initiated.
(2) Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information.
(a) General information.
1. Name, address, and telephone number of applicant, property owner, and contractor, where applicable;
2. Legal description of the property and a general description of the proposed use or development; and
3. Whether or not a private water supply or sewage system is to be installed.
(b) Site development plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
1. Dimensions and area of the lot;
2. Location of any structures with distances measured from the lot lines and centerline of all abutting streets or highways;
3. Description of any existing or proposed on-site sewage systems or private water supply systems;
4. Location of the ordinary high water mark of any abutting navigable waterways;
5. Boundaries of all wetlands;
6. Existing and proposed topographic and drainage features and vegetative cover;
7. Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
8. Location of existing or future access roads; and
9. Specifications and dimensions for areas of proposed wetland alteration.
(c) Expiration. All permits issued under the authority of this chapter shall expire 24 months from the date of issuance.
(C) Certificates of compliance.
(1) Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt, or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator, subject to the following provisions:
(a) The certificate of compliance shall show that the building or premises or part thereof and the proposed use thereof conform to the provisions of this chapter;
(b) Application for such certificate shall be concurrent with the application for a zoning or conditional use permit; and
(c) The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this chapter.
(2) The Zoning Administrator may issue a temporary certificate of compliance for a building, premises, or part thereof pursuant to rules and regulations established by the municipal governing body.
(3) Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of chapter adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this chapter.
(D) Conditional use permits.
(1) Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in divisions (H)(2) through (H)(4) below.
(2) Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 151.01(D). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
(1) Zoning permits;
(2) Certificates of compliance;
(3) Public hearings;
(4) Legal notice publications;
(5) Conditional use permits; and
(6) Rezoning petitions.
(F) Recording. 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.
(G) Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Board of Appeals.
(H) Board of Appeals. The Village President shall appoint a Board of Appeals, under Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the municipal governing body. The Board of Appeals shall adopt rules for the conduct of its business as required by Wis. Stats. § 62.23(7)(e)3.
(1) Powers and duties. The Board of Appeals:
(a) 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;
(b) Shall hear and decide applications for conditional use permits; and
(c) May authorize, upon appeal, a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates:
1. Literal enforcement of the terms of the chapter will result in unnecessary hardship for the applicant;
2. The hardship is due to special conditions unique to the property and is not self-created or based solely on economic gain or loss;
3. Such variance is not contrary to the public interest as expressed by the purpose of this chapter; and
4. Such variance will not grant or increase any use of property which is prohibited in the zoning district.
(2) 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 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 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.
(3) Public hearings.
(a) Before making a decision on an appeal or application, the 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 Wis. Stats. Chapter 985, 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.
(b) A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the state’s Department of Natural Resources at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.
(4) Decisions.
(a) The final disposition of an appeal or application for a conditional use permit before the 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 Chairperson. 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.
(b) A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the state’s Department of Natural Resources within ten days after the decision is issued.
(c) Any person or persons aggrieved by any decision of the Board of Appeals may, within 30 days after the filing of the decision in the office of the Board of Appeals, seek court review of the decision.
(Prior Code, § 23.06) (Ord. 03-2019, passed 2-14-2019)