Colby City Zoning Code
ARTICLE XII
Administration
§ 480-102 General administrative system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 Planning Committee 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.
§ 480-103 Zoning Administrator.
A.
Appointment. The Common Council shall designate the Zoning Administrator as the administrative enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter.
B.
Duties. In enforcing and administering this chapter, the Administrator shall perform the following duties:
(1)
Issue the necessary building permits and occupancy and zoning use 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 Planning Committee for investigation and appropriate action.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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 Zoning 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 Board of Appeals, or take any other action as directed by the Common Council to ensure 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, including the collection of forfeitures provided for herein.
§ 480-104 Role of specific City officials in zoning administration.
A.
Planning Committee. The Planning Committee, 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 Planning Committee 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. Recommendations shall be in writing. A recording thereof in the Committee's minutes shall constitute the required written recommendation. The Committee may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing. The Planning Committee shall have the powers to conduct and hold public hearings on all proposed amendments to the City's Zoning Ordinance as provided in § 62.23(7)(d), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Common Council. The Common Council, the governing body of the City, subject to recommendations by the Planning Committee 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 to amend the text of this chapter. The Common Council may delegate to the Planning Committee the responsibility to hold some or all public hearings as required under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 480-105 Land use permits.
A.
Permit required. No building shall be erected, moved or structurally altered until a land use permit therefor shall have been applied for and issued.
B.
Application. All applications for a land use permit shall be accompanied by a location sketch in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building and the lines within which the building shall be erected or altered.
C.
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 Planning Committee or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
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 Common Council within 10 days. The Common Council 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 40 days of its receipt of the application, the Common Council shall authorize the Zoning Administrator to issue or refuse a zoning permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Requirements. In acting on any site plan, the Common Council shall consider the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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 layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site. The Common Council 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.
F.
Effect on municipal services. Before granting any site approval, the Common Council 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 Common Council shall not issue final approval until the Common Council has entered into an agreement with the applicant regarding the development of such facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 480-106 Fees.
The following fees shall be applicable for this chapter:
A.
Rezoning application. All rezoning applications shall be filed with the City Clerk-Treasurer along with a filing fee set by resolution of the Common Council.
B.
Conditional use permit application. All conditional use applications shall be filed with the City Clerk-Treasurer along with a filing fee set by resolution of the Common Council.
C.
Variance application. All applications for special exceptions and variances and appeals shall be filed with the City Clerk-Treasurer along with a filing fee set by resolution of the Common Council.
D.
Building permit application. The fees for building permits shall be established by resolution of the Common Council.
§ 480-107 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 Planning Committee 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 or which 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, General penalty, of the Code of the City of Colby.
§ 480-108 Notifications to registered citizens regarding zoning or comprehensive plan changes.
A.
Notice registry.
(1)
List of registered citizens; scope. The City of Colby shall maintain a registry list of persons who submit a written or electronic request to receive notice of any proposed municipal zoning action or ordinance change, or Comprehensive Plan amendment, which would affect the allowable use of the person's property. This notification list shall apply to any proposed zoning ordinance or Comprehensive Plan amendment which would impact the allowable use, size or density requirements pertaining to the registered person's property.
(2)
Registration requests. To be included on the list to receive notice of such proposed zoning regulation or Comprehensive Plan changes, a person shall make a written or electronic request to the City Clerk-Treasurer. Verbal requests shall not be accepted. With such request, the person shall provide:
B.
Annual registration information notice.
(1)
Public notification to be provided. Annually, the City shall inform residents of the municipality that they may add their names to the notification list. The date of providing such annual notice shall be set by the City.
(2)
How annual notification is provided. The annual notice requirement providing information on the notice registry can be provided by any one of the following methods, or combination of methods:
C.
Form of notifications. Following recommendation from the Planning Committee on the proposed zoning regulation change or Comprehensive Plan amendment but prior to action by the Common Council to vote on such proposal, the City shall send a notice to each person on the notice registry list. Such notice shall include a copy of the proposed zoning or change or Comprehensive Plan amendment, or a summary thereof. Such notice shall be by first class mail or by any other reasonable form agreed to by the registered person and the City, including email, voice mail or text message. The City shall not require a fee for the sending of such notices, except that the City may charge each person on the list who receives a notice by first class may a fee that does not exceed the approximate cost of providing the mailed notice to the person. An ordinance or amendment that is subject to this notice requirement may take effect even if the City fails to send the notice.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]