Algoma City Zoning Code

The zoning administrator shall administer and enforce this chapter. If the zoning administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.

(Prior Code, § 18.09(1))

No building or other structure shall be erected, moved added to, structurally altered, or improved in excess of $100.00 without a permit therefor, issued by the zoning administrator. No building permit shall be issued except in conformity with the provisions of this article, except after written order from the board. Failure to obtain a building permit shall be a violation of this chapter and shall be punishable under section 113-2. The fee for building permits for every construction, addition or alteration shall be specified in the building permit schedule.

(Prior Code, § 18.09(2))

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the zoning administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plot plans shall be returned to the applicant by the zoning administrator, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the zoning administrator.

(Prior Code, § 18.09(3))

The enforcement of the zoning code shall not be exclusively under the jurisdiction of the zoning administrator. Any person otherwise qualified to commence an action for an ordinance violations shall be qualified to institute an action for the enforcement of the zoning code.

(Prior Code, § 18.13)

(a)

Procedure. The council may, from time to time, on its own motion or on petition, after public notice and hearing as provided by Wis. Stats. § 62.23(7)(d), amend, supplement or change, modify, or repeal the boundaries or regulations herein or subsequently established, after submitting the same to the planning commission for its recommendations and report. The public hearing required by Wis. Stats. § 62.23(7)(d) shall be held before the planning commission. In case, however, of a protest against such change, duly signed and acknowledged by the owners of the property affected by the proposed change, or by the owners of 30 percent or more of the area of the land immediately adjacent extending 100 feet, therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the council.

(b)

Fees. All petitions for amendment of the zoning code shall be accompanied by a fee of established by resolution which shall be paid to the city treasurer and receipt therefore delivered to the city clerk upon filing a zoning amendment. Such fee shall be used for the purpose of deferring expenses of advertising and other administrative expenses in relation to such amendment and no part thereof shall be returnable.

(Prior Code, § 18.11; Ord. No. 821, § I, 1-6-2020)

Where, at the effective date of adoption (Feb. 7, 1963) or amendment of the ordinance from which this chapter is derived, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption (Feb. 7, 1963) or amendment of the ordinance from which this chapter is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption (Feb. 7, 1963) or amendment of the ordinance from which this chapter is derived.

(3)

If any such nonconforming use is discontinued for a period of 12 months, any future use of the premises shall conform to the chapter.

(Prior Code, § 18.08(1))

Where a lawful structure exists at the effective date of adoption (Feb. 7, 1963) or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

(1)

No structure may be enlarged or altered in a way, which increases its nonconformity.

(2)

Except as otherwise provided in subsections (2)a and b of this section, the total structural repairs or alterations in a nonconforming structure shall not during its life exceed 50 percent of the assessed value of the structure unless permanently changed to a conforming use.

a.

In this subsection:

1.

The term "development regulations" means the part of this chapter that applies to elements including setback, height, lot coverage, and side yard.

2.

The term "nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to one or more of the development regulations in the current zoning ordinance.

3.

This section does not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.

b.

Restrictions that are applicable to damaged or destroyed nonconforming structures do not prohibit the restoration or replacement of a nonconforming structure if the structure will be restored to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:

1.

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

2.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

3.

The size of a structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

(3)

Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

(4)

Except as otherwise provided in subsection (2)b of this section, where the nonconforming structure is destroyed by fire or other calamity to the extent of not more than one half of its fair market value it may be rebuilt if construction is started within 12 months of the destruction.

(Prior Code, § 18.08(2))

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption (Feb. 7, 1963) or amendment of the ordinance from which this chapter is derived, that would not be allowed in the zone under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, or moved, except in changing the use of the structure to a use permitted in the zone in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of adoption (Feb. 7, 1963) or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the board of zoning appeals shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the board may require appropriate conditions and safeguards in accord with the provisions of this chapter.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

If any such nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to the chapter.

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Prior Code, § 18.08(3))

The board of zoning appeals is hereby created pursuant to Wis. Stats. § 62.23(7)(e).

(Prior Code, § 1.07)

The board shall consist of five members who shall be appointed by the mayor and approved by the council. The members of the board shall serve without compensation, and shall be removable by the mayor for cause upon written charges and after public hearing. The mayor shall designate one of the members to be the chairperson. The term of office of the members of the board shall be for three calendar years. The board may employ a secretary and other employees. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The mayor shall appoint, for staggered terms of three years, two alternate members of such board, in addition to the five members above provided for. 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 board so refuses or is absent. The above provisions, with regard to removal and the filling of vacancies, shall apply to such alternates.

(Prior Code, § 18.10(1))

All meetings of the board shall be held at the city hall unless a different meeting place is announced in a public notice of the meeting, and shall be open to the public. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.

(Prior Code, § 18.10(2))

The board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and Wis. Stats. § 62.23(7). The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or absent for failing to vote showing such fact. The final disposition of appeals shall be by recorded resolution indicating the reasons of the board therefore, all of which shall be a public record. If a quorum is present, the board of zoning appeals may reverse any order or determination of the zoning administrator or to decide in favor of the applicant any matter upon which it is required to pass, or to effect any variation of this chapter by a majority vote of the members present.

(Prior Code, § 18.10(3))

(a)

Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the city within such reasonable time as shall be prescribed by the rules of the board by filing with the zoning administrator and with the board a notice of appeal specifying the grounds, thereof. The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. The board shall fix a reasonable time for the hearing of the appeal, 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.

(b)

Fees. All appeals to the board under this section shall be accompanied by a fee established by resolution which shall be paid to the city clerk upon filing such appeal. Such fee shall be used for the purpose of deferring expenses of advertising and other administrative expenses in relation to such appeal and no part thereof shall be returnable.

(c)

Public notice to be given under this section shall require a Class 1 notice under Wis. Stats. ch. 985 at least 15 days prior to the hearing stating the time and place of such hearing.

(Prior Code, § 18.10(4))

The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the administration of this chapter.

(2)

To permit the reasonable extension of a district where, in a single ownership, the boundary line of a district divides the lot.

(3)

To interpret the provisions of this chapter in such a way as shown to carry out the intent and purpose of the plan where the street layout actually on the ground varies from the layout as shown on the zoning map.

(4)

To permit a change of nonconforming use to another use where the board, after public hearing thereon, deems that the proposed use will be equally appropriate or more appropriate to the zone than the existing nonconforming uses, subject to suitable conditions.

(5)

If recommended by the state public service commission, to permit, in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used by a public service corporation or for public utility purposes in any location and for any purpose which is reasonable necessary for the public convenience and welfare.

(6)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

(7)

In exercising the above mentioned powers, the board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the zoning administrator.

(8)

The board of zoning appeals shall place the greatest emphasis upon the request by the owners of 20 percent or more either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land.

(Prior Code, § 18.10(5))

Any person aggrieved by any decision of the board, or any taxpayer, or any officer, department, board or bureau of the city may within 30 days after the filing of the decision in the office of the board, but not thereafter, present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part; specifying the grounds of illegality, whereupon such decision of the board shall be subject to review by certiorari as provided by Wis. Stats. § 62.23(7)(e)10 et seq.

(Prior Code, § 18.10(6))