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Ashland City Zoning Code

PART 2

Review And Approval Authorities

2.1 General Provisions

  1. Intent. This part establishes review and approval authority under this Ordinance. Specific requirements for each type of application or permit are described in Part 3: Application, Review, and Approval Procedures.
  2. Summary of Primary Review and Approval Authority. Table 2.1.A summarizes the primary review and approval authorities of the primary departments, commissions, boards, and elected officials of the City of Ashland as they relate to this Ordinance. If there is a conflict between the review and approval authorities presented in Table 2.1.A and the provisions in Part 3: Application, Review, and Approval Procedures of this Ordinance, the provisions in Part 3 of this Ordinance shall prevail.
  3. Conformity with Development Regulations. Every official and employee with the City of Ashland vested with the duty or authority to issue a permit, certificate, or license under this Ordinance shall not issue such for any use, building, or purpose that conflicts with any provision of this Ordinance. Any permit, certificate, or license issued in conflict with the provisions of this Ordinance shall be null and void.
  4. Other Review and Approval Authorities and Powers and Duties. This Ordinance may reference various review and approval authorities that are not specifically described in this Part. Such lack of description shall not invalidate such review and approval authorities. Furthermore, the review and approval authorities may have additional powers and duties beyond those specified in this Ordinance.

    Table 2.1.A: Summary of Primary Review and Approval Authority
    Application or Permit
    Zoning Administrator*
    Building Inspector*Public Works Director*
    Plan Commission
    Zoning Board of Appeals
    Common Council
    Common Council Final Action
    Comprehensive Plan Amendment
    RA

    RA
    FA
    Zoning Map or Ordinance Amendment
    RA

    RA
    FA
    Floodplain/Wetland Overlay Amendment
    RA

    RA
    FA
    PUD General or Specific Develop. Plan
    RARA
    RA
    FA
    Conditional Use Permit
    RARA
    RA
    FA
    Discontinuance of a Public Way
    RA
    RARA
    FA
    Final PlatRA RARA FA
    Plan Commission Final Action
    Site Plan ApprovalRARA FA  
    Preliminary PlatRARARAFA  
    Zoning Board of Appeals Final Action
    VarianceRA   FA 
    Appeal of Administrative Decision    FA 
    Floodplain/Wetland Variances/AppealsRA   FA 
    Administrative Final Action
    Development PermitFARARARA  
    Sign PermitFARA RA  
    Sidewalk Sign PermitFA RA   
    Airport Overlay Certificate of ComplianceFA     
    Wildlife Hazard Management PlanFARA    
    Bed and Breakfast Establishment PermitFARA RA  
    Floodplain Certificate of ComplianceFARARA   
    Certified Survey Map w/o Public DedicationFARA    
    Building Permit FA    
    Demolition Permit FARA   
    Permit to Move a Building or Structure FARA   
    Certificate of OccupancyRAFA    
    Fence PermitRAFA RA  
    Public Art PermitRARARARA  
    Erosion and Sediment Control PlanRARAFA   
    Storm Water Management PlanRARAFA   
    R.O.W. Permit RAFA   
    RA: Recommend Action; FA: Final Action * or Designated Authorized Agent

2.2 Zoning Administrator

  1. Establishment of Office. There is hereby established the Office of Zoning Administrator.
  2. Powers and Duties of the Zoning Administrator or Designated Authorized Agent. The Zoning Administrator or Designated Authorized Agent shall properly administer and enforce this Ordinance. In addition and in furtherance of such authority, the powers and duties of the Zoning Administrator or Designated Authorized Agent shall include, but not be limited to, the following:
    1. Receive, review, analyze, and develop written reports on all applications for development permits, certificates of occupancy, appeals, variances, amendments, or other development matters;
    2. Serve as staff to the Plan Commission, the Zoning Board of Appeals, and other appropriate boards and commissions;
    3. Issue development permits, sign permits and similar permits when the requirements of this Ordinance have been met; and make and maintain records thereof;
    4. Coordinate official development review processes with other governmental offices to the maximum extent practical;
    5. Conduct inspections to determine compliance with the terms of this Ordinance and to take remedial action when required; and
    6. Conduct other similar planning and zoning related activities as directed by the City Administrator or Common Council.

2.3 Building Inspector

  1. Establishment of Office. There is hereby established the Office of the Building Inspector to include the positions of Building Inspector and such other inspectors as the Common Council may from time to time provide to supervise the construction of buildings and permanent equipment of buildings, including utilities from buildings to the public right-of-way.
  2. Powers and Duties. The Building Inspector shall have power and it shall be his or her duty to enforce the provisions of this Ordinance, City of Ashland Ordinance 748 and of all other laws and lawful orders of the State of Wisconsin and of all ordinances of the City of Ashland relating to buildings. The Building Inspector may appoint Designated Authorized Agents who shall have the power and duty to enforce all, or specific portions of, said ordinances and laws. In addition and in furtherance of such authority, the powers and duties of the Building Inspector or Designated Authorized Agent shall include, but not be limited to, the following:
    1. Assist with the enforcement of zoning, health, and safety codes;
    2. Inspect buildings, grounds, construction, maintenance, and repair activities to ensure compliance with this Ordinance and Wisconsin Statutes;
    3. Enter upon any private or public property during any reasonable hours to make inspections thereof;
    4. Review job specifications and plans;
    5. Issue permits and citations and keep the following permit records in his or her office:
      1. Applications for building permits numbered consecutively;
      2. The number, description, and size of all buildings erected during his or her term of office indicating the type of material used and the cost of each building;
      3. All inspections made;
      4. All removal and condemnations of buildings; and
      5. All fees collected by him or her showing date of their receipt and delivery to the City Treasurer;
    6. Make a monthly report and an annual report to the Common Council regarding activities of the Office of the Building Inspector; and
    7. Perform other functions as required by the City Administrator or the Common Council.

2.4 Director Of Public Works

  1. Establishment of Office. A Public Works Department is hereby established.
  2. Powers and Duties. The Public Works Director shall have power and it shall be his or her duty to enforce the provisions of this Ordinance and of all other laws and lawful orders of the State of Wisconsin and of all ordinances of the City of Ashland as specified in this Ordinance. The Public Works Director may appoint Designated Authorized Agents who shall have the power and duty to enforce all, or specific portions of, said ordinances and laws.

2.5 Plan Commission

  1. Creation and Membership. A Plan Commission is hereby established pursuant to City of Ashland Ordinance 38.
  2. Meetings. Meetings of the Plan Commission shall be held at least once a month, unless there is nothing to come before it. There shall be a fixed place of meeting and all meetings shall be open to the public. The Plan Commission shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Plan Commission and vote of each member upon each question considered. The presence of four (4) members shall be necessary to constitute a quorum. Special meetings may be requested by applicants with payment of fees per the City fee schedule and shall be called by the Chairperson of the Plan Commission.
  3. Powers and Duties. The Plan Commission shall have the following powers:
    1. To review requests and hold public hearings on Comprehensive Plan Amendments, official maps, and other long range planning studies, and make recommendations to the Common Council on these items;
    2. To review capital improvement programs for their coordination with the City's Comprehensive Plan and make recommendations to the Common Council;
    3. To review and hold public hearings on applications for conditional use permits, zoning amendments, and planned unit developments, and make recommendations to the Common Council on these items;
    4. To review and decide on applications for site plan approval for major development and site plan approval for moderate development; and
    5. Perform other functions as identified in Section 62.23 of the Wisconsin Statutes and as directed by the Common Council.
  4. Actions Limited. The Plan Commission shall publish notices of meetings and follow procedures as established by the Wisconsin Open Meeting Law.

2.6 Common Council

  1. Powers. The Common Council shall be constituted, have the powers, and conduct all activities in accordance with Wisconsin law.
  2. Duties. The duties of the Common Council as they relate to the administration of this Ordinance shall be to exercise the legislative power of the City, to determine all matters of policy, to act on recommendations of the Plan Commission and other commissions and boards, and to enforce the provisions of this Ordinance as specified in this Ordinance and other applicable ordinances of the City.

2.7 Zoning Board Of Appeals

  1. Creation and Membership. A Zoning Board of Appeals is hereby established pursuant to Chapter 62.23 (7) (e) of the Wisconsin Statutes.
  2. Meetings. Meetings of the Zoning Board of Appeals shall be held at least once a month, unless there is nothing to come before it. There shall be a fixed place of meeting and all meetings shall be open to the public. Special meetings may be requested by applicants with payment of fees per the City Fee Schedule and shall be called by the Chairperson of the Zoning Board of Appeals.
  3. Actions Limited. The Zoning Board of Appeals shall only make decisions during a public meeting or after a public hearing conducted by the Zoning Board of Appeals. Nothing herein contained shall be construed to give or grant to the Zoning Board of Appeals the powers or authority to alter or change the provisions of this Ordinance or the Zoning Map or to permit the establishment of a nonconforming use.