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Seymour City Zoning Code

DIVISION 3

ADMINISTRATIVE PROVISIONS

Sec. 78-381 - Zoning administrator.

The director of public works is appointed zoning administrator for the purpose of administering and enforcing this article. The zoning administrator shall have the following duties and powers:

(1)

Advise applicants as to the provisions of this article and assist them in preparing permit applications and appeal forms.

(2)

Issue permits and certificates of compliance and inspect properties for compliance with this article.

(3)

Keep records of all permits issued, inspections made, work approved and other official actions.

(4)

Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.

(5)

Submit copies of decisions on variances, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied, to the appropriate district office of the department.

(6)

Investigate and report violations of this article to the appropriate municipal planning agency and the district attorney, corporation counsel or municipal attorney.

(Ord. No. 92-104, § 5.1, 11-30-1992)

Sec. 78-382. - Zoning permits.

(a)

When required. Unless another section of this article specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning administrator before any new development, as defined in section 78-339, or any change in the use of an existing building or structure is initiated.

(b)

Application. An application for a zoning permit shall be made to the zoning administrator upon forms furnished by the municipality and shall include or have attached:

(1)

General information.

a.

Name, address, and telephone number of applicant, property owner and contractor, where applicable.

b.

Legal description of the property and a general description of the proposed use or development.

c.

Whether or not a private water supply or sewage system is to be installed.

(2)

State and federal permits.

a.

Copies of any and all permits required by federal laws regulating the wetlands in issue; and

b.

Any and all permits required by state laws regulating the wetlands in issue.

(3)

Site development plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale;

a.

Dimensions and area of the lot;

b.

Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

c.

Description of any existing or proposed on-site sewage systems or private water supply systems;

d.

Location of the ordinary high-water mark of any abutting navigable waterways;

e.

Boundaries of all wetlands;

f.

Existing and proposed topographic and drainage features and vegetative cover;

g.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

h.

Location of existing or future access roads; and

i.

Specifications and dimensions for areas of proposed wetland alteration.

(c)

Expiration. All permits issued under the authority of this article shall expire 12 months from the date of issuance.

(Ord. No. 92-104, § 5.2, 11-30-1992)

Sec. 78-383. - Certificates of compliance.

(a)

Except where no zoning permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the zoning administrator subject to the following provisions:

(1)

The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this article.

(2)

Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.

(3)

The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this article.

(b)

The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.

(c)

Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this article.

(Ord. No. 92-104, § 5.3, 11-30-1992)

Sec. 78-384. - Fees.

The municipal governing body may, by resolution, adopt fees for the following:

(1)

Zoning permits.

(2)

Certificates of compliance.

(3)

Public hearings.

(4)

Legal notice publications.

(5)

Rezoning petitions.

(Ord. No. 92-104, § 5.4, 11-30-1992)

Sec. 78-385. - Recording.

Where a zoning permit is approved, an appropriate record shall be made by the zoning administrator of the land use and structures permitted.

(Ord. No. 92-104, § 5.5, 11-30-1992)

Sec. 78-386. - Revocation.

Where the conditions of a zoning permit is violated, the permit shall be revoked by the board of appeals.

(Ord. No. 92-104, § 5.6, 11-30-1992)

Sec. 78-387. - Board of appeals.

(a)

Appointment; membership; rules. The city mayor or village president shall appoint a board of appeals under Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the municipal governing body. The board of appeals shall adopt rules for the conduct of its business as required by Wis. Stats. § 63.23(7)(e)3.

(b)

Powers and duties. The board of appeals:

(1)

Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this article.

(2)

May authorize upon appeal a variance from the dimensional standards of this article where an applicant convincingly demonstrates:

a.

That literal enforcement of the terms of the ordinance will result in unnecessary hardship for the applicant;

b.

That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;

c.

That such variance is not contrary to the public interest as expressed by the purpose of this article; and

d.

That such variance will not grant or increase any use of property which is prohibited in the zoning district.

(c)

Appeals. Appeals to the board of appeals may be taken by any person aggrieved or by an officer, department, board of bureau of the community affected by any order, requirement, decision, or determination of the zoning administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the board by filing with the official whose decision is in question, and with the board of appeals, a notice of appeal specifying the reasons for the appeal. The zoning administrator or other official whose decision is in question, shall transmit to the board all the papers constituting the record on the matter appealed.

(d)

Public hearings.

(1)

Before making a decision on an appeal, the board of appeals shall, within a reasonable period of time, hold a public hearing. The board shall give public notice of the hearing by publishing a Class 2 notice under ch. 985. Stats., specifying the date, time and place of the hearing and the matters to come before the board. At the public hearing, any party may present testimony in person, by agent or by attorney.

(2)

A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the department at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.

(e)

Decisions.

(1)

The final disposition of an appeal before the board of appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the board chairperson. Such decision shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.

(2)

A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the department within ten days after the decision is issued.

(Ord. No. 92-104, § 5.7, 11-30-1992)