Martell Town City Zoning Code
ARTICLE X
Administration
§ 240-69 Land Management Committee.
[Amended by Ord. No. 97-19]
A.
The Land Management Committee, or its successor, created by the Pierce County Board of Supervisors, shall be the designated county zoning agency pursuant to § 59.69(2), Wis Stats.
B.
The Land Management Committee shall adopt and follow any governing rules of procedure as specified in § 59.69(2), Wis. Stats., and shall comply with the Wisconsin Open Meeting Law as specified in §§ 19.81 through 19.98, Wis. Stats.
C.
Duties and powers. In administering this chapter, the duties and powers of the Land Management Committee shall be as follows. The Land Management Committee shall:
(1)
Supervise the administration of this chapter.
(2)
Exercise those duties and powers specified in § 59.69, Wis. Stats.
(3)
Hold public hearings as required by this chapter, by Wisconsin statutes or by its own motions.
(4)
Submit recommendations to the County Board of Supervisors for or against proposed zoning text and map amendments and planned residential developments.
(5)
Issue or deny conditional use permits and establish any conditions for such permits.
(6)
Approve or deny development plans for planned residential developments.
(8)
Perform any other duties determined by the County Board of Supervisors.
D.
Financial sureties.
(1)
The Land Management Committee may require that a performance bond or letter of credit be provided for the benefit of the county and filed with the county so as to ensure compliance with the terms of this chapter or required permit.
(2)
Failure to provide or maintain such bond or letter of credit shall invalidate any permit.
§ 240-70 Board of Adjustment.
[Amended by Ord. No. 97-19]
A.
Establishment. There is hereby established a Board of Adjustment for the County of Pierce as authorized by § 59.694, Wis. Stats.
B.
Membership.
(1)
Size and appointment. The Board of Adjustment shall consist of five regular members and two alternates, with one being a first alternate, and the other being a second alternate, all appointed by the Chair of the County Board of Supervisors with the approval of the County Board of Supervisors.
[Amended 11-8-2005 by Ord. No. 05-14]
(2)
Eligibility. Members of the Board of Adjustment shall reside in the unincorporated areas of Pierce County. No two members of the Board of Adjustment shall reside in the same town.
(3)
Terms of office. The term of office shall be three years. However, these terms of office shall be staggered such that no more than three members' terms of office are expired in any one year. Each term shall begin July 1.
[Amended 11-8-2005 by Ord. No. 05-14]
(4)
Officers. The Board of Adjustment shall choose its own Chairperson, Vice Chairperson and Secretary.
(5)
Removal. Members may be removed by the Chairperson of the County Board of Supervisors.
C.
Operation and rules.
(1)
The Board of Adjustment shall adopt rules for the conduct of its business which shall be in accordance with the provisions of this chapter and § 59.694, Wis. Stats.
(2)
Call to meetings. The Board of Adjustment shall meet at the call of the Chair and at such other time as the Board of Adjustment may determine, at a fixed time and place.
(3)
Open meetings. All meetings of the Board of Adjustment shall be open to the public, unless otherwise allowed by Wisconsin law.
[Amended 4-17-2001 by Ord. No. 00-15]
(4)
Minutes. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each 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 public record.
(5)
In the case of all appeals, the Board of Adjustment may call upon the Administrator/Planner of the Department of Land Management for all information pertinent to the decision appealed.
(6)
Quorum. The quorum for any meeting shall consist of three members.
(7)
The Chair may administer oaths and compel the attendance of witnesses.
D.
Powers. The Board of Adjustment shall have the following powers:
(1)
Appeals. To hear and decide appeals, pursuant to § 59.694, Wis. Stats., where it is alleged that there is an error or errors in any order, requirement, decision or determination made by the Administrator/Planner or Zoning Administrator. In exercising the above-mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination which is the subject of the appeal and to that end shall have all the powers of the officer from whom the appeal is taken.
(2)
Variances. To hear and authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter will be observed and substantial justice done. Such variance shall not have the effect of permitting in any district a use that is prohibited in that district.
(3)
To grant variances for renewable energy resource systems as provided in § 59.694(7)(d), Wis. Stats.
§ 240-71 Administrator/Planner.
In administering this chapter, the Administrator/Planner or such other person designated by the Land Management Committee shall possess the following duties and powers. He or she shall:
A.
Oversee the Zoning Administrator in carrying out the assigned responsibilities of this chapter.
B.
Make necessary studies relevant to deliberations regarding conditional use permits, as directed by the Land Management Committee.
C.
Recommend to the Land Management Committee amendments necessary to make this chapter more effective.
§ 240-72 Zoning Administrator.
[Amended by Ord. No. 97-19]
The Zoning Administrator shall possess the following duties and powers. The Zoning Administrator shall:
A.
Administer and enforce this chapter as the authorized representative of the Land Management Committee.
B.
Provide to the public the necessary permit application forms and variance and appeals forms and assist the public in preparing permit applications and variance and appeal petitions.
C.
Conduct all necessary on-site inspections and investigations of structures, lands and waters to certify compliance with this chapter.
D.
Issue or deny land use permits and sign permits.
E.
Suspend or revoke land use permits and sign permits and/or issue cease and desist orders upon noncompliance with the terms of the permit and/or this chapter.
F.
Issue, deny or revoke certificates of compliance.
G.
Investigate alleged zoning violations and give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises.
H.
Issue citations for uncorrected violations of this chapter and/or assist the Corporation Counsel in initiating enforcement proceedings.
I.
Gain entry to premises, buildings and structures during reasonable hours for the purpose of investigating applications for permits and for the purpose of determining compliance with this chapter or with any issued permit. If entry is refused after presentation of proper identification, a special inspection warrant may be procured in accordance with § 66.0119, Wis. Stats.
J.
Record all permits issued, inspections made, work approved and other official actions.
K.
Assist in giving all legal notices required by state statutes or this chapter.
L.
When necessary, provide technical and clerical assistance during hearings conducted by the Board of Adjustment or the Land Management Committee.
M.
Make referrals and recommendations to the Land Management Committee and Board of Adjustment in accordance with this chapter.