Mishicot City Zoning Code
ARTICLE X
Administration
§ 395-66 Organization.
§ 395-67 Zoning Administrator.
A.
The Zoning Administrator or Village Board designee and such deputies or assistants that have been, or shall be, duly appointed by the Village Board is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The Village Board may designate and appoint the Village Clerk or Building Inspector as the Zoning Administrator.
B.
Duties and powers. The Zoning Administrator shall possess the following duties and powers:
(1)
To receive applications, issue permits and make inspections and maintain records as required by this chapter.
(2)
To administer this chapter with the authority to enter upon any public or private premises at a reasonable time and make an inspection thereof and, upon reasonable cause or question of proper compliance, revoke any building/zoning permit and issue cease-and-desist orders requiring the cessation of any building, moving, alteration or use which is in violation of this chapter, such revocation to remain in effect until reinstated by the Zoning Administrator, Board of Appeals or the Village Board.
(3)
Under rule established by the Village Board of the Village of Mishicot the Zoning Administrator may issue temporary permits of up to one year's duration.
§ 395-68 Plan Commission.
A.
The Plan Commission, as defined herein and as established in § 62.23, Wis. Stats., is the Plan Commission referred to in this chapter.
B.
Membership. The Plan Commission shall consist of seven members which shall include the Village President, the Village Clerk, one Village Board Trustee, and four citizen members who are not otherwise Village officials.
(2)
Terms. Terms for citizen members shall be for staggered three-year periods.
(3)
Chairperson. Chairperson shall be the Village President or a Plan Commission member elected by majority vote of the Plan Commission.
(4)
Alternates. Two alternate citizen members shall be appointed by the Village President for a term of three years and shall act only when a regular member is absent or refuses to vote due to conflict of interest.
(5)
Secretary. Secretary shall be the Village Clerk or a Plan Commission member appointed by the Plan Commission Chairperson. The Secretary shall keep minutes of its proceedings, showing the vote of each member upon each question.
(6)
Quorum. The presence of four members shall be necessary to constitute a quorum.
(7)
Staff. The Zoning Administrator and any other staff or Village officers shall attend all meetings for the purpose of providing technical assistance when requested by the Commission.
(9)
Vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
(10)
Compensation. Each member of the Plan Commission shall receive compensation at a rate set by the Village Board per meeting for attendance at all duly held Plan Commission meetings.
C.
Duties and powers. The Plan Commission shall have the powers authorized in § 62.23, Wis. Stats., and shall discharge the following duties under this chapter:
(1)
Hear all applications for conditional uses and amendments to this chapter and report said findings and recommendations to the Village Board in the manner prescribed in this chapter for amendments and conditional uses;
(2)
Prepare and recommend to the Village Board for adoption of a Comprehensive Plan for the Village, and from time to time to recommend amendments as it may deem appropriate.
(3)
Be enabled to promote Village planning.
(4)
Make reports and recommendations, per § 62.23(4), Wis. Stats., relating to the plan and development of the Village to the Village Board, other public bodies, citizens, public utilities and organizations.
(5)
Receive from the Zoning Administrator their recommendations as related to the effectiveness of this chapter and report its conclusions and recommendations to the Village Board not less frequently than once a year.
(6)
For itself, its members and employees, in the performance of their duties, enter upon land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. However, entry shall not be made upon private land, except to the extent that the private land is held open to the general public, without the permission of the landowner or tenant. If such permission has been refused, entry shall be made under the authority of an inspection warrant issued for cause under § 66.0119, Wis. Stats., or other court-issued warrant.
(7)
To hear and decide all other matters as delegated by the Village Board.
§ 395-69 Board of appeals.
A.
The Board of Appeals, as defined herein and as established in § 62.23, Wis. Stats., is the Board of Appeals referred to in this chapter.
B.
Membership. The Board of Appeals shall consist of five members appointed by the Village President, subject to confirmation of the Village Board.
(1)
Terms. Terms shall be for three-year periods.
(2)
Chairperson. Chairperson shall be designated by the Village President. Such Chairperson, or in his absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(3)
Alternates. Two alternate member shall be appointed by the Village President in accordance with § 62.23(7)(e)2, Wis. Stats., and shall act only when a regular member is absent or refuses to vote due to conflict of interest.
(4)
Secretary. The Secretary shall be the Village Clerk or a Board of Appeals member appointed by the Board of Appeals Chairperson. The Secretary shall keep minutes of its proceedings, showing the vote of each member upon each question.
(5)
Quorum. The presence of three members shall be necessary to constitute a quorum.
(6)
Staff. The Zoning Administrator and any other staff or Village officers shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
(7)
Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public.
(8)
Rules of procedure. The Board shall adopt its own rules of procedure deemed necessary to carry out the provisions of this section.
(10)
Vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
(11)
Compensation. Each member of the Board of Appeals shall receive compensation at a rate set by the Village Board per meeting for attendance at all duly held Board of Appeals meetings.
C.
Duties and powers. Except as specifically provided, no action of the Board of Appeals shall have the effect of permitting in any district uses prohibited in such district. The Board of Appeals shall have the following powers:
(2)
Variances. To 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 will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. In every case where a variance from these regulations has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that an unnecessary hardship or practical difficulty exists, and the records of the Board shall clearly show in what particular or specific respects an unnecessary hardship or practical difficulty has been created.
(3)
To determine the precise location of zoning district boundary lines where there is appeal upon such a decision by the Zoning Administrator.
D.
Decisions. In exercising the preceding powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and 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, and may issue the permit. If a quorum is present, the Board of Appeals may take action under this section by a majority vote of the members present. The grounds of every such determination shall be stated.
E.
Review by court of record. Any person or persons aggrieved by any decision of the Board of Appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals.