Lake Winnebago City Zoning Code
ARTICLE II
Administration
Section 400.150 Zoning Administrator.
[Ord. No. 700 §1, 9-26-2007]
A.
Responsibility. The Zoning Administrator or their designees shall be responsible for the administration of this Chapter.
B.
Powers And Duties. In administering this Chapter, the Zoning Administrator or their designees shall have the following powers and duties:
1.
Enforce the regulations of this Chapter.
2.
Act as the local administrator of the floodplain management regulations set forth herein.
3.
Receive, file and forward to the Board of Zoning Adjustment the records in all appeals and all other applications.
4.
Maintain permanent and current records of this Chapter including, but not limited to, all zoning maps, amendments, rezonings, special use permits, variances, appeals and applications therefore and records of hearings thereon.
5.
Maintain for distribution to the public a supply of copies of the zoning map and this Chapter.
6.
Provide such clerical, technical and consultative assistance as may be required by the Planning and Zoning Commission, Board of Zoning Adjustment, other boards, commissions and officials in the exercise of their duties relating to this Chapter.
Section 400.160 Planning and Zoning Commission.
[Ord. No. 700 §1, 9-26-2007]
A.
Membership. The previously established Planning and Zoning Commission is hereby continued. It shall consist of a minimum of seven (7) members with six (6) citizen members and the Mayor and/or one (1) representative from the Board of Aldermen. Citizen members shall be appointed by the Mayor and approved by the Board of Aldermen. At the Board of Aldermen meeting conducted in May of each year, the Mayor shall declare if he/she desires to be a member of the Commission and the Board shall determine if a representative will serve as a Commission liaison for the year. The Board of Aldermen representative shall be selected by their peers.
B.
Compensation. All members shall serve without compensation.
C.
Terms Of Office. Each member shall be appointed for a four (4) year term. There shall be no limit to the number of terms that may be served.
D.
Vacancies. Vacancies shall be filled by appointment by the Mayor with approval by the Board of Aldermen for the unexpired term.
E.
Removal. Any member may be removed by the Board of Aldermen for cause stated in writing and after a public hearing.
F.
Officers. The Planning and Zoning Commission shall elect a Chairperson and Secretary from among the citizen members. The terms of the Chairperson and Secretary shall be for one (1) year with eligibility for re-election.
G.
Procedure. A quorum of five (5) members shall be required for a meeting to be held. Decisions on all issues brought before the Planning and Zoning Commission shall require a majority vote of those members present at the meeting. The Planning and Zoning Commission may adopt rules of procedure. The Planning and Zoning Commission shall hold regular meetings and special meetings as necessary and keep a record of its proceedings. These records shall be public records. Any regular meeting of the Planning and Zoning Commission may be omitted, if in the sole discretion of the Chairperson there are too few items on the agenda to justify the expense of holding the meeting. Other meetings may be designated by the Planning and Zoning Commission or may be called by the Chairperson.
H.
Powers And Duties. The Planning and Zoning Commission shall have the power and duty to:
1.
Make recommendations to the Board of Aldermen on all proposed zoning text amendments, rezonings of property and special use permits.
2.
Make recommendations to the Board of Aldermen on proposed subdivisions of land.
3.
Make recommendations to the Board of Aldermen as necessary for the development and use of land.
4.
Make decisions as necessary for the development, disturbance and use of land.
5.
Adopt and amend the City's Comprehensive Master Plan.
6.
Make recommendations to the Board of Aldermen regarding plans, planning studies, general development and planning policies and infrastructure improvement programs, including the financing thereof.
7.
Perform all other functions pursuant to State law.
Section 400.170 Board of Zoning Adjustment.
[Ord. No. 700 §1, 9-26-2007]
A.
Membership. The previously established Board of Zoning Adjustment is hereby continued and shall consist of five (5) citizen members appointed by the Mayor and approved by the Board of Aldermen.
[Ord. No. 836, 4-26-2017]
B.
Compensation. All members shall serve without compensation.
C.
Terms Of Office. Each member shall be appointed for a five (5) year term, except the terms of appointment for the first (1st) Board shall be staggered as followed to assure continuity in the operations of the Board: One (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. There shall be no limit to the number of terms that may be served.
D.
Alternates. Three (3) alternate members may be appointed by the Mayor and approved by the Board of Aldermen to serve in the absence of or the disqualification of the regular members. Alternate members shall be appointed for a five (5) year term.
E.
Vacancies. Vacancies shall be filled by appointment by the Mayor with approval by the Board of Aldermen for the unexpired term.
F.
Removal. Any member and alternate may be removed by the Board of Aldermen for cause stated in writing and after a public hearing.
G.
Officers. The Board shall elect a Chairperson from among the members. The term of the Chairperson shall be for one (1) year with eligibility for re-election. The Chairperson may administer oaths and compel the attendance of witnesses. The Board shall appoint a Secretary who may be an officer or an employee of the City.
H.
Procedure. The Board shall adopt its own rules of procedure in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. A quorum of four (4) members shall be required for a meeting to be held. The affirmative vote of four (4) members of the Board shall be required to approve any request, application or variance. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon question or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record.
I.
Powers And Duties. The Board of Zoning Adjustment shall have the following powers and duties:
1.
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator or their designees in the enforcement of these regulations or of any ordinance adopted pursuant thereto.
2.
Hear and decide upon applications for use, area and flood hazard variances in accordance with the provisions of this Chapter.
3.
Undertake such other responsibilities as may be required by this Chapter or referred to it by the Board of Aldermen.
4.
In exercising the above-mentioned powers, such Board may, in accordance with the provisions of this Chapter, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.