Bayfield City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 500-91 General administrative system.
This chapter contemplates an administrative and enforcement officer entitled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and Zoning Map, and amending the text of this Zoning Chapter require review and recommendation by the Plan Commission and ultimate action by the Common Council. A Zoning Board of Appeals is provided to assure proper administration of the chapter and to avoid arbitrariness. Questions regarding interpretation by the Zoning Administrator will be referred to the Plan Commission. Persons aggrieved by the interpretations supplied by the Plan Commission may be appealed to the Zoning Board of Appeals.
§ 500-92 Zoning Administrator.
A.
Appointment. The Zoning Administrator shall be appointed by the Mayor, subject to confirmation by the Council. The Zoning Administrator shall have an indefinite term of office.
B.
Duties. In enforcing and administering this chapter, the Administrator shall perform the following duties:
(1)
Issue the necessary building permits and zoning permits required by the provisions of this chapter, provided its provisions have been complied with.
(2)
Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.
(3)
In case of any finding of a violation of a provision of this chapter, notify, in writing, the actual violator where known, the owner of the property on which the violation has taken place and the Common Council, indicating the nature of the violation and the action necessary to correct it.
(4)
Receive, file and process for action all applications for conditional uses, variances and amendments to this chapter which are filed in the zoning office.
(5)
Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of the recommendations to the Plan Commission for investigation and appropriate action.
(6)
Carry out such additional responsibilities as are hereinafter set forth by the provisions of this chapter.
C.
Authority. In the enforcement of this chapter, the Administrator shall have the power and authority for the following:
(1)
At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof.
(2)
Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease-and-desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the Administrator or the Zoning Board of Appeals, or take any other action as directed by the Common Council to insure compliance with or to prevent violation of its provisions.
(3)
In the name of the City and with authorization of the Common Council commence any legal proceedings necessary to enforce the provisions of this chapter or the Building Code,[1] including the collection of forfeitures provided for herein.
[1]
Editor's Note: See Ch. 152, Building Construction.
§ 500-93 Role of specific City officials in Zoning Administration.
A.
Plan Commission. The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the City to the Common Council, other public officials and other interested organizations and citizens. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this chapter, its functions are primarily recommendatory to the Common Council pursuant to guidelines set forth in this chapter as to various matters and, always, being mindful of the intent and purposes of this chapter, except that it shall decide applications for conditional use permits. Recommendations shall be in writing. A recording thereof in the Commission's minutes shall constitute the required written recommendation. The Commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing. The Plan Commission shall have the powers to conduct and hold public hearings on all proposed amendments to the City Zoning Ordinance as provided in § 62.23(7)(d), Wis. Stats.
B.
Common Council. The Common Council, the governing body of the City, subject to recommendations by the Plan Commission and the holding of public hearings by said Council, has ultimate authority to grant planned unit development applications, make changes and amendments in zoning districts, the Zoning Map and supplementary Floodland Zoning Map and to amend the text of this chapter. The Common Council may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter.
C.
Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter. See Article XV of this chapter for detailed provisions.
§ 500-94 Zoning permit.
A.
Zoning permit required.
(1)
No vacant land shall be occupied or used, and no building shall be hereafter erected, structurally altered, relocated, used or occupied until a zoning permit has been issued certifying that any such building, use or occupancy complies with the provisions of this chapter. Such permit shall be obtained before any change is made in the type of use or before any legal nonconforming use is resumed, changed, extended or granted conditional use status.
(2)
A zoning and occupant permit is required in the following situations:
(a)
Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase its floor area.
(b)
Before any land use is substantially altered.
(c)
Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.
(d)
Before building an accessory structure, even though not intended for human occupancy.
B.
Application procedure; required information.
(1)
The permit application shall be made to the Zoning Administrator on forms provided by the City. Applications shall be submitted in duplicate, except that, when site plan approval is required, they shall be submitted in quadruplicate. The application shall include the following information:
(a)
Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.
(b)
Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; addresses of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(c)
Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site. The plat of survey may be waived at the discretion of the Zoning Administrator and/or the Plan Commission in instances where a survey is not deemed necessary.
(d)
Additional information as may be required by the Zoning Administrator, Plan Commission and City Engineer, including all information required for site plan approval.
(2)
Application for such permit shall be made to the Administrator prior to or at the same time as the application for a building permit or prior to the commencement of any use not involving a building permit.
(a)
Such application shall state that the building or proposed use of a building or land complies with all the building and health laws and with the provisions of this chapter, a statement by the applicant as to the intended use of the premises and buildings thereon.
(b)
Within 10 days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the Administrator shall make an inspection of the premises and any building thereof and of the building and the intended use thereof, and if the proposed use of the premises complies with the requirements of this chapter, a zoning permit shall be issued.
(c)
For the purpose of defraying the cost of inspection and administrative processing, such application shall be accompanied by such fee as established by the Common Council.
C.
If, within 12 months of the date of application, no zoning permit has been issued, any building permit related thereto shall lapse, and the Administrator shall make immediate investigation to ascertain that no use or occupancy has, in fact, commenced without proper authority. Upon showing valid cause, the Administrator may grant an extension of such permit for a period not to exceed six months.
D.
Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.
§ 500-95 Site plan approval.
A.
Site plan approval. All applications for permits for any construction, reconstruction, expansion or conversion shall require site plan approval by the Plan Commission and the Architectural Review Board in accordance with the requirements of this section.
B.
Application. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Architectural Review Board or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
C.
Administration. The Zoning Administrator shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the Architectural Review Board within 10 days. The Architectural Review Board shall review the application and may refer the application and plans to any expert consultants selected by the Common Council to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Commission shall authorize the Zoning Administrator to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Architectural Review Board shall consider the following:
(1)
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
(2)
The landscaping and appearance of the completed site. The Architectural Review Board may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
E.
Effect on municipal services. Before granting any site approval, the Architectural Review Board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the City Engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Architectural Review Board shall forward its recommendations to the Common Council and shall not issue final approval until the Common Council has entered into an agreement with the applicant regarding the development of such facilities.
§ 500-96 Architectural review.
A.
Appointment. The Architectural Review Board shall be appointed as prescribed in Chapter 21, Boards, Commissions and Committees, of the Code of the City of Bayfield.
B.
Powers. The Architectural Review Board shall have powers enumerated in § 21-8 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C.
Applications. Applications for approval by the Architectural Review Board shall be made to the Zoning Administrator and shall be accompanied by the zoning permit application required under this section and, in addition, shall be accompanied by plans showing the exterior elevations of the existing and proposed structure description of the proposed materials and colors, proposed floor grades, and a list of the names and addresses of the parties in interest.
D.
Hearings. Notice to be mailed to the applicant, Zoning Administrator, and the parties in interest at least five days prior to the hearing. The applicant may appear in person, by agent, or by attorney.
E.
Findings. The Architectural Review Board shall not approve any application unless they find beyond a reasonable doubt after viewing the site that the following facts and conditions exist and shall so indicate in the minutes of their proceedings. The exterior design proposed is not unsightly or obnoxious and is not disharmonious or so similar to existing or proposed neighboring developments that substantial depreciation of neighboring property or development will be caused by the applicant's proposal.
F.
The Architectural Review Board shall decide all applications within five days after the final hearing and shall transmit a signed copy of their decision to the applicant and file a copy with the Building Inspector.
G.
Appeals. Any person or person aggrieved by any decisions of the Architectural Review Board may appeal the decision to the Zoning Board of Appeals. Such appeal shall be filed with the City Clerk within 30 days after filing of the decision with the Building Inspector.
§ 500-97 Fees. [1]
Fees applicable to this chapter shall be set by the Common Council.
A.
Rezoning application, per application (including repetitions of previous applications).
B.
Conditional use permit application. All conditional use applications shall be filed with the City Clerk along with said fee. The filing fee shall be used to reimburse the City for publication costs and attorney's fees incurred in relation to the application and hearings thereon. The Zoning Administrator, upon receipt of an application and the fee provided herein, shall immediately refer it to the Plan Commission for consideration.
C.
Variance application. All applications for special exceptions and variances and appeals shall be filed with the Zoning Administrator along with said fee. The filing fee shall be used to reimburse the City for publication costs and attorney's fees incurred in relation to the application or appeal and hearings thereon. The City Clerk, upon receipt of an application or appeal and the fee provided herein, shall immediately refer it to the Zoning Board of Appeals for consideration.
D.
Building permit application.
Type | Residential Permit Fees | Commercial Permit Fees | Additional/Special Comments | |
|---|---|---|---|---|
New construction | As set by the Common Council | Requires a survey | ||
Alterations: Additions Garages greater than 8 feet by 12 feet New decks | As set by the Common Council | Requires a survey, any time setbacks questionable (to be determined by the City) | ||
Alterations: Roofing Small and existing decks Sheds less than or equal to 8 feet by 12 feet Siding Window/door repair Foundation work | As set by the Common Council | |||
Maintenance: Roof patching Siding patching Rotten board repair Painting | As set by the Common Council | If there is a question about whether it qualifies as maintenance, check with the Zoning Administrator first | ||
Fencing (perimeter) | As set by the Common Council | No solid fences allowed in front yards | ||
E.
Zoning permit application (initial fee, and other fee if requested after the fact).
F.
Interpretation.
(1)
Regardless of how a property is officially zoned, fees will be based on use; i.e., if commercially zoned property is used residentially, then residential fees will apply, and if residentially zoned property is used commercially, the commercial fees will apply.
(2)
The Architectural Review Board will require all contractors listed on applications to present a copy of their Wisconsin Division of Safety and Buildings credential card. They are encouraged to place them on file in the Clerk's office for their convenience.
(3)
Surveys are required for all setback variance requests, new construction, and additions when setbacks are questionable.
G.
Escrow deposits for consultants. If, in considering an application for a conditional use permit, zoning permit, building permit, or planned development district or other rezoning, the Plan Commission determines that one or more outside consultants are required in order for the Plan Commission to adequately evaluate the application, the applicant shall pay to the City the costs of the consultant services, as follows. Upon notice from the City that outside consultant services are required, the applicant shall deposit $5,000 with the City, to be held in escrow, upon which the City shall draw to pay for said costs as they are incurred during the course of reviewing the application. Itemized statements reflecting the amounts drawn from the deposit shall be sent to the applicant each month. In the event that the escrow deposit has been drawn down to 25% of the required amount, the applicant shall replenish the escrow deposit to its original amount. If any funds remain in the escrow deposit following final determination of the application, such remaining funds shall be returned to the applicant within 60 days of the determination, together with an accounting of the deposits and draws on the escrow. Payments under this section are in addition to the fees required under the other provisions of this section.
[Added 12-18-2007 by Ord. No. 339]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 500-98 Violations and penalties.
A.
Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Common Council, the Zoning Administrator, the Architectural Review Board or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, the resident agent or occupant of the premises, the Common Council, the Zoning Administrator or the City Attorney may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in § 1-3 of the Code of the City of Bayfield.