Any area annexed to the city will be zoned through the annexation ordinance adopted by the common council.

(Code 1972, § 17.48; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Authority. Whenever public necessity, convenience, general welfare or good zoning practice requires, the council may by ordinance change the district boundaries or amend, change or supplement the regulations or classifications established by this chapter or amendments to this chapter.

(b)

Initiation. A change or amendment may be initiated by the council, plan commission, or a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(c)

Petitions. For any change to the property zoning designation, the petitioner will submit a request for a change on a form to be supplied by the zoning administrator, which form will be submitted to the zoning administrator. The fee for each request is $125.00 except for other governmental bodies, non-profit entities that are determined to provide community wide benefit and those initiated by the city.

(d)

Recommendations. The plan commission will review the requested zoning and study all amendments and changes and may make a recommendation to the common council. Requested zoning changes will be acted upon within 60 days of the request beginning on the date and time of the first agenda appearance. If the planning commission does not make a recommendation to the council within 60 days, the request moves on to the council without recommendation.

(e)

Hearing. The Planning commission will hold a class 2 public hearing per Wis. Stats. ch. 985 and may give notice to the parties in interest including properties within 300 feet of the petitioning property.

(f)

Council's action. Following such hearing and after reviewing the plan commission's recommendation, the council may take appropriate action with regard to the requested zoning change.

(g)

Protest. In the event of a protest against such district change or amendment to the regulations of this chapter signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change, by the owners of 20 percent or more 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 frontages of such opposite land, such amendments or changes will not become effective except by the favorable vote of three-fourths of the council membership.

(Code 1972, § 17.47; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Enforcement. The zoning administrator is authorized and directed to enforce all of the provisions of this chapter.

(b)

Interpretation. Where there is any ambiguity or dispute concerning the interpretation of this chapter, the decision of the zoning administrator will prevail, subject to appeal as provided in this article.

(Code 1972, § 17.19; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The zoning administrator will enforce the provisions of this chapter. In carrying out this duty the administrator will:

(1)

Issue the necessary zoning permits and conditional use certificates in compliance with this chapter.

(2)

Keep a permanent record of all permits and certificates numbered in the order of issuance in a record book kept for this purpose.

(3)

Notify in writing any person who will be in violation of any provision of this chapter, indicating the nature of the violation and the action necessary to correct such violation.

(4)

Carry out such additional responsibilities as are set forth by ordinance or by order of the mayor or council.

(Code 1972, § 17.45(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

In the enforcement of this chapter, the zoning administrator may:

(1)

Report all violations of this chapter or any other provision of this Code that the administrator is charged with enforcing to the council.

(2)

Recommend to the common council to revoke a zoning permit. The common council may revoke a conditional use permit after hearing on the matter with all parties being invited to provide their reasons as to why the conditional use permit should not be revoked.

(Code 1972, § 17.45(2); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The zoning board of appeals for the city is to hear appeals and applications and for special exception to Chapter 14, Chapter 70, Chapter 83 and Chapter 106.

(Code 1972, § 17.46(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

The zoning board of appeals will consist of five uncompensated members appointed by the mayor, subject to confirmation of the council with two additional alternate members who fill in the absence or refusal to participate of a regular member as a full voting member. All members will be residents of the city.

(b)

Terms will be for staggered three-year periods.

(c)

The chairperson will be designated by the mayor.

(d)

Two alternate members will be appointed by the mayor, subject to confirmation of the council.

(e)

The secretary will be elected by the zoning board of appeals.

(f)

The zoning administrator will attend all meetings.

(g)

Official oaths will be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointment.

(h)

Vacancies will be filled for the unexpired term in the same manner as appointments for the full term.

(Code 1972, § 17.46(2); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

The zoning board of appeals will organize and adopt rules for its own governance in accordance with the provisions of this chapter.

(b)

Meetings will be held at the call of the chairperson, and all meetings will be open to the public.

(c)

Minutes will be kept showing the vote of each member upon each question and will be a public record. The grounds for every determination will be stated in the record.

(d)

If a quorum is present, the board of appeals may take action under this subsection by a majority vote of the members present (Wis. Stat. 62.23 (7)(e)3m).

(Code 1972, § 17.46(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The zoning board of appeals will have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator or the plan commission.

(2)

Variances. To hear and decide appeals for variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter will be observed and the public safety, welfare and justice secured.

(3)

Permits. To reverse, affirm, wholly or partly, and modify the requirements appealed from and issue or direct the issuance of a permit.

(4)

Assistance. To request assistance from other city offices, departments, commissions and boards.

(5)

Oaths. To administer oaths and compel the attendance of witnesses, through its chairperson.

(Code 1972, § 17.46(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Aggrieved person. Any person aggrieved or affected by any decision or action of the airport commission made in the administration of Chapter 14 may appeal such decision or action to the zoning board of appeals.

(b)

Procedure. Any appeal taken pursuant to this subsection will be in conformity with the procedure established by Wis. Stats. § 62.23(7)(e).

(Code 1972, § 17.40(9)(b), (c); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Appeals and applications may be made by any officer, department, commission, board of the city or any person aggrieved. They will be filed with the clerk within 30 days after a decision and will specify the grounds for the appeal.

(b)

The fee for each appeal and application will be $125.00, payable to the clerk; and the receipt will be attached.

(c)

An appeal stays all legal proceedings in furtherance of the action, except by the certification of the officer or a restraining order by the zoning board of appeals or the court of record.

(Code 1972, § 17.46(5); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The zoning board of appeals will fix a reasonable time and place for the hearing, give a class 1 public notice of the hearing per Wis. Stat. Chap. 985 and may give notice to the parties in interest, including the city attorney, plan commission, mayor and common council. At the hearing, the appellant may appear in person, by agent or attorney.

(Code 1972, § 17.46(6); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

No area variance to the provisions of this chapter will be granted by the zoning board of appeals unless the board finds that all the following facts and conditions exist and so indicate in the minutes of their proceedings:

(1)

Special condition creates an unnecessary hardship. Whether compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome.

(2)

Property has a special condition. Property limitations that may prevent the property owner from substantially enjoying their property rights if they constructed to existing code requirements or the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and vicinity.

(3)

Proposed variance will not be contrary to the public interest. That the variance will not create a substantial detriment to adjacent property and will not materially impair the purpose of this chapter or the public interest.

(b)

No use variance to the provisions of this chapter will be granted by the zoning board of appeals unless the board finds that no reasonable use can be made of the property.

(Code 1972, § 17.46(7); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The zoning board of appeals will decide all appeals within 30 days after the final hearing and will transmit a signed copy of the board's decision to the appellant or applicant, zoning administrator, plan commission, council and city attorney.

(Code 1972, § 17.46(8); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Any person or persons, jointly or severally aggrieved by any decision of the zoning board of appeals, or any taxpayer, or any officer, department, board or bureau of the municipality, may, within 30 days after filing of the decision in the office of the board of appeals, may commence an action seeking the remedy available by writ of certiorari.

(Code 1972, § 17.46(9); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

A building permit for commercial, industrial and multifamily housing construction or reconstruction of four or more units will be issued by the State of Wisconsin building inspector per the State of Wisconsin building codes.

(b)

Residential construction or reconstruction does not require a building permit if the primary structure was constructed prior to June 1, 1980 per Wisconsin Administrative Code Chapter SPS 320. This also applies to all exemptions outlined in SPS 320.05 Exemptions including siding, roof repairs and window treatment.

(c)

For new residential construction of the primary structure after June 1, 1980 a building permit is required by the city building inspector.

(d)

Zoning permits are required for construction that would impact the setbacks, types of use and fencing. Permit fees will be established by the Eagle River Common Council for projects that exceed $2,000.00. Permit fees are waived for projects that cost less than $2,000.00, government related projects or projects deemed in the public interest.

(e)

The building inspector will be responsible for erosion control enforcement on all construction sites within the City of Eagle River.

(Code 1972, § 17.10(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Cross reference— Buildings and building regulations, Ch. 18.

(a)

Determination of compliance. The zoning administrator will determine whether the proposed use is a use permitted by right in the district in which the property is located; and if the building or structure complies with the site requirements for the district in which the building or structure is to be located. If the zoning administrator finds that the structure is not in compliance with the original zoning permit, the zoning administrator will notify the city attorney and take appropriate action to bring the violation into compliance with the zoning code. If the proposed use requires a conditional use permit, the zoning administrator will refer the application to the plan commission and common council.

(b)

Hazardous materials. The zoning administrator will send the council a copy of the building permit application if hazardous materials are to be used or stored as part of the land use.

(c)

Expiration of permit. Zoning permits are valid for two years from the date of issue. If the project is not complete the property owner must apply for an extension.

(d)

Permit compliance. If the holder of the permit fails to comply with the provisions of this chapter or Chapter 18, the City of Eagle River may pursue appropriate corrective action to bring the property into compliance.

(e)

Permanent record to be kept. The zoning administrator will keep a permanent record of all zoning permits issued.

(Code 1972, § 17.11; Ord. No. 368, § 3, 12-14-1999; Ord. No. 399, 4-11-2003; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The property owner is fully responsible for complying with the City of Eagle River Zoning and all applicable building codes. The City of Eagle River may pursue appropriate action to bring the property into compliance if it is determined that the construction project is not in compliance with the zoning and construction codes.

(Code 1972, § 17.10(2); Ord. No. 368, §§ 1, 2, 12-14-1999; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Properties that constitute a legal nonconforming use are allowed to continue that use, including routine maintenance, until an event may require coming into compliance with the current code of ordinances. For area zoning requirements, as long as the property owner is bringing the property closer to compliance, the property owner does not need to obtain a variance. This will be determined by the zoning administrator. The property owner may appeal the decision to the board of appeals. If at any time the use of a building, structure or land does not conform to the provisions of this chapter, but such use constitutes a legal nonconforming use, the owner may apply to the zoning administrator for a nonconforming use certificate.

(Code 1972, § 17.10(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Application. Any use listed as a conditional use in this chapter will be permitted only after a Class I public hearing per Wis. Stats. ch. 985 before the planning commission and final decision by the common council.

(b)

Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in this chapter, the zoning administrator will schedule a public hearing before the planning commission for consideration and recommendation to the common council. The common council will make the final determination with regard to the conditional use permit.

(Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)