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Park Falls City Zoning Code

ARTICLE XII

Administration

§ 480-76 General administrative system.

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 chapter require review and recommendation by the Plan Commission 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.

§ 480-77 Zoning Administrator.

The Common Council designates the Assessor or Building Inspector as the Zoning Administrator, 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. The Zoning Administrator shall further:
A. 
Maintain records of all permits issued, inspections made, work approved and other official actions.
B. 
Record the lowest floor elevations of all structures erected, moved, altered or improved in the floodland districts.
C. 
Establish that all necessary permits that are required for floodland uses by state and federal law have been secured.
D. 
Inspect all structures, lands and waters as often as necessary to assure compliance with this chapter.
E. 
Investigate all complaints made relating to the location of structures and the use of structures, lands and waters; give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises; and report uncorrected violations to the City Attorney in a manner specified by him.
F. 
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
G. 
Request assistance and cooperation from the Police Department and City Attorney as deemed necessary.

§ 480-78 Role of specific City officials in zoning administration.

A. 
Plan Commission. The Plan Commission, 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 Plan Commission 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, except for issuance of conditional use permits, 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 Commission's minutes shall constitute the required written recommendation. The Commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing.
B. 
Common Council. The Common Council, the governing body of the City, subject to recommendations by the Plan Commission and the holding of public hearings by said Council, has ultimate authority to make changes and amendments in zoning districts, the Zoning Map and supplementary Floodland Zoning Map and to amend the text of this chapter. The Common Council may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter.
C. 
Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter. See Article XIII of this chapter for detailed provisions.

§ 480-79 Site plan approval

A. 
Site plan approval. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section.
B. 
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 Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
C. 
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 Plan Commission within 10 days. The Plan Commission 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 30 days of its receipt of the application, the Commission shall authorize the Zoning Administrator to issue or refuse a zoning permit.
D. 
Requirements. In acting on any site plan, the Plan Commission shall consider the following:
(1) 
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
(2) 
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(3) 
The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractive, 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.
E. 
Effect on municipal services. Before granting any site approval, the Plan Commission 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 Plan Commission shall forward its recommendations to the Common Council and shall not issue final approval until the Common Council has entered into an agreement with the applicant regarding the development of such facilities.

§ 480-80 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 Plan Commission 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.
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 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 § 1-2 of this Code of Ordinances.

§ 480-81 Classification of unlisted uses.

A. 
Purpose. In order to ensure that this chapter will permit all similar uses in each district, the Zoning Board of Appeals, upon its own initiative or upon a written application, shall determine whether a use not specifically listed as a permitted use or a conditional use in commercial, residential, or industrial districts shall be deemed a permitted use or a conditional use in one or more districts on the basis of similarity to uses specifically listed.
B. 
Application. Application for determination that a specific use should be included as a permitted use or a conditional use in Commercial, Residential, or Industrial Districts shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Zoning Board of Appeals to facilitate the determination.
C. 
Investigation. The Zoning Board of Appeals shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to make a determination of its classification.
D. 
Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from application and shall include findings supporting the conclusion.
E. 
Effective date of determination. Within five days following the date of a decision, the Zoning Board of Appeals shall transmit to the Common Council and petitioner written notice of the decision, at which time the classification of the unlisted use shall become effective.