Sheboygan Town City Zoning Code
ARTICLE XI
Administration
§ 335-102 General provisions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The administration of this chapter is hereby vested in the following five offices of the Town of Sheboygan:
A.
The Building Inspector.
B.
The Town Clerk.
C.
The Board of Zoning Appeals.
D.
The Town Plan Commission.
E.
The Town Board.
§ 335-103 Duties of office of Building Inspector.
A.
The Building Inspector, or his/her duly designated and acting deputy, shall enforce the provisions of this chapter within the Town of Sheboygan and, in addition thereto and in furtherance of said authority, he shall:
(1)
Record all permits issued, inspections made, work approved, and other official actions, including but not limited to map amendments, conditional uses, variances, appeals, and applications therefor, and records of hearings thereon.
(2)
Inspect all structures, lands, and waters as often as necessary to reasonably assure compliance with this chapter.
(3)
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 Town Attorney in a manner specified by him.
(4)
Assist the Town Attorney in the prosecution of ordinance violations.
(5)
Provide such technical and consultative assistance as may be required by the Board of Zoning Appeals, the Town Plan Commission, and other Town officials in the exercise of their duties relative to this chapter.
B.
Powers. The Building Inspector shall have all the powers necessary to enforce the provisions of this chapter without limitations by reason of enumeration, including the following:
(1)
Issue or direct the Town Clerk to issue building permits, zoning and occupancy certificates upon application for the erection or use of a structure, land, or water where such erection or use complies with all the provisions of this chapter.
(2)
Access to premises and structures during reasonable hours to make those inspections as deemed necessary by him/her to ensure compliance with this chapter. If, however, he/she is refused entry after presentation of his/her identification, he/she may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119, except in cases of emergency when he/she shall have the right of immediate entry.
(3)
Prohibit the use or erection of any structure, land, or water until he/she has inspected and approved such use or erection.
(4)
Recommend to the Plan Commission any additional use regulations as he/she shall deem necessary.
§ 335-104 Duties of Town Clerk.
The Town Clerk, or his/her designated deputy, shall:
A.
Upon direction of the Building Inspector, issue building permits, zoning and occupancy certificates.
B.
Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, special exceptions, variances, appeals and applications therefor, and records of hearings thereon.
C.
Have available in book, pamphlet, photocopied, or map form on or before July 1 of each year:
(1)
The compiled text of this chapter and amendments thereto, including amendments adopted through the preceding Town Board year.
(2)
A Zoning Map showing the zoning districts, divisions, and classifications in effect in the Town of Sheboygan and at the close of the preceding Town Board year.
D.
Maintain for distribution to the public a supply of copies of the Zoning Map, the compiled text of this chapter , and the rules of the Board of Zoning Appeals and the Town Plan Commission. A fee as set from time to time by the Town Board may be charged to defray the cost of printing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E.
Receive, file, and forward to the Plan Commission and the Board of Zoning Appeals for action all requests for rezoning, conditional use permits, and appeals for variance.
F.
Provide such clerical and consultative assistance as the Commission and other Town officials request in the exercise of their duties relative to this chapter.
§ 335-105 Board of Appeals.
A.
Establishment. There is hereby established a Board of Appeals for the Town of Sheboygan for the purpose of hearing appeals and applications, and for granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.
B.
General.
(1)
The Board of Appeals shall consist of members appointed by the Town Chairperson and confirmed by the Town Board (see Subsection C).
(2)
Terms shall be for staggered three-year periods.
(3)
The Board of Appeals shall elect a Chairperson. The Town Clerk shall act as the recording secretary for the Zoning Board of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Alternate members shall be appointed by the Town Chairperson and confirmed by the Town Board for a term of three years and shall act only when a regular member is absent or refuses to vote because of conflict of interest (see Subsection C.)
(5)
The Building Inspector may be required to attend the meetings for the purpose of providing technical assistance when requested by the Board.
(6)
Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within five days of receiving notice of their appointment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(7)
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
C.
Membership. The Board of Appeals shall consist of seven members, five regular and two alternates, appointed by the Town Chairperson and confirmed by the Town Board, to serve for three years, except that no more than three members' terms shall terminate during the same year. The Town Chairperson shall designate one member as the chairperson.
[Amended 11-18-2008; 6-16-2009; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 335-106 Organization of Board.
The Board of Zoning Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.
A.
Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in the Chairperson's absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Appeals shall be open to the public.
[Amended 11-18-2008]
B.
Time for appeals. All appeals from decisions or orders of the Town Clerk, Building Inspector, or other Town official shall be filed with the Town Clerk within 30 days after the date of notice of the decision or order. Appeals shall be taken within the prescribed time by filing a notice of appeal with the office of the Building Inspector and the Board of Appeals. The notice of appeal shall specify the grounds for the appeal. Upon receipt of a notice of appeal, the Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the decision being appealed was based.
[Amended 11-18-2008]
C.
Quorum. A quorum shall consist of a majority of the five-member board. If a quorum is present, the Board may take action in matters over which it has jurisdiction and authority by a majority vote of the present members.
[Amended 11-18-2008; 6-16-2009; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 335-107 Jurisdiction of Board.
The Board of Zoning Appeals shall have the following jurisdiction and authority:
A.
Errors. To hear and decide appeals, subject to the procedure and standards set out in § 335-109, where it is alleged there is error in any order, requirement, decision, or determination made under this chapter by the Building Inspector or any other administrative official of the Town.
B.
Variances. To authorize, upon appeal in specific cases, variances from the terms of this chapter subject to the procedure and standards set out in § 335-110.
C.
General. To hear and decide all matters referred to it or upon which it is required to pass by this chapter.
D.
Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts.
E.
Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
F.
Permits. The Board may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issue of a permit.
G.
Assistance. The Board may request assistance from other Town officers, departments, commissions and boards.
H.
Zoning Map. To interpret the provisions of this chapter in such a way as to carry out the intent and purposes of the plan as shown on the Zoning Map accompanying and made a part of this chapter.
§ 335-108 Hearings and meetings.
A.
Meetings, hearings and rules. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings that this chapter requires the Board to conduct shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney. All testimony shall be given under oath. The Chairman, or in his absence the acting Chairman, shall administer oaths and may compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, of if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Every rule or regulation and every order, requirement, decision, or determination of the Board shall be filed immediately in the office of the Building Inspector and shall be a public record. The Board shall select or appoint a secretary who may be a member of the Board, and may designate such other officers from among its membership as it deems necessary. The Board shall adopt and print in book, pamphlet, or photocopied form its own rules of procedure not in conflict with this chapter or with the applicable Wisconsin Statutes.
B.
Finality of decisions of the Board of Zoning Appeals. All decisions and findings of the Board shall be subject to judicial review in the manner provided by the applicable Wisconsin Statutes.
§ 335-109 Appeals.
A.
Scope of appeals. An appeal may be taken to the Board of Zoning Appeals by any person aggrieved or by any officer, department, board, or bureau affected by any decision of the office of the Building Inspector with respect to the interpretation or application of this chapter.
B.
Time for appeals. All appeals from decisions or orders of the Town Clerk, Building Inspector, or other Town official shall be filed with the Town Clerk within 30 days after the date of notice of the decision or order. Appeals shall be taken within the prescribed time by filing a notice of appeal with the office of the Building Inspector and the Board of Appeals. The notice of appeal shall specify the grounds for the appeal. Upon receipt of a notice of appeal, the Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the decision being appealed was based.
[Amended 11-18-2008]
C.
Procedure for appeals.
(1)
An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board, or by a court of record on application, on notice to the Building Inspector and on due cause shown.
(2)
The Board shall select a reasonable time and place for the hearing of the appeal or other matter referred to it and give at least 10 days' written notice thereof to the interested parties and the public. The Board shall render a written decision on the appeal without unreasonable delay. In any action involving a listed property as defined by the Wisconsin Statutes, the Board shall consider any suggested alternatives or recommended decisions submitted by the Planning Commission.
[Amended 11-18-2008]
D.
Decision of appeals. The Board may affirm or reverse, 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, and may issue or direct the issuance of a permit. The concurring vote of four members of the Board shall be necessary to reverse any order, decision, or determination of the Building Inspector under this chapter.
E.
Records of appeals. The Building Inspector shall maintain complete records of all actions of the Board with respect to appeals and shall keep the Town Board informed on a current basis of the disposition of each case.
§ 335-110 Variances.
The Board of Zoning Appeals may authorize upon appeal such variances from the terms of this chapter as will not be contrary to the public interest. Variances may be authorized only in the specific instances enumerated in this section and then only when the Board has made findings of fact, based upon the standards set out in § 335-110C, that owing to special conditions a literal enforcement of the provisions of this chapter will result in practical difficulties or unnecessary hardship for the owner, lessee, or occupant of land, buildings, or structures.
A.
Appeal for variance and notice of hearing. An appeal for a variance shall be filed with the office of the Town Clerk, who shall forward a copy of same to the Board without delay. The appeal shall contain such information as the Board may, from time to time, by rule provide. A hearing shall be held on an appeal for a variance no more than 60 days after the appeal is filed. Notice of the hearing shall be published in the official paper of the Town of Sheboygan as a Class 1 notice in accordance with Wis. Stats. § 985.07 before such hearing. Written notice shall be given to the person requesting the variance at least 10 days before the published notice and the published notice may be supplemented by such additional form of notice as the Board may require by its rules. The notice of hearing shall contain the date, time, and place of the hearing, the street address or common description of the property involved, and a brief statement of the relief sought.
B.
Authorized variances. Variances from the regulations of this chapter shall be granted by the Board only in accordance with the standards set out in § 335-110C, and may be granted only in the following instances, and in no other:
(1)
To vary the applicable lot size requirements, including lot area, lot width, and density requirements.
(2)
To vary the applicable building bulk limitations, including height, lot coverage, floor area ratio, and yard requirements.
(3)
To vary the applicable off-street parking and off-street loading requirements.
(4)
To vary the applicable sign regulations.
(5)
To vary the regulations and restrictions applicable to nonconformities.
C.
Standards for variances. The Board shall not vary the regulations of this chapter, as authorized in § 335-110B, hereof, unless it shall, in each specific case, make findings of fact based upon the evidence presented to it that support a conclusion that the spirit of this chapter will be observed, the public safety and welfare will be secured, substantial justice will be done and, where applicable, that:
(1)
The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the provisions of the ordinance were literally enforced.
(2)
The conditions upon which the appeal for a variance is based are unique and would not be generally applicable to other property within the same zoning classification.
(3)
The appeal for a variance is not based exclusively upon a desire of the owner, lessee or occupant to make more money out of the property.
(4)
The alleged difficulty or hardship has not been created by any person presently having an interest in the property.
(5)
The granting of the variance will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(6)
The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(7)
The Board may impose such conditions, safeguards, and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set out in this Subsection C, to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter.
§ 335-111 Fees.
[Amended 3-21-2006 by Ord. No. 2005/06; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
See the current Town Fee Schedule, on file in the Town offices.
§ 335-112 Review by court of record.
Any person or persons aggrieved by any decision of the Board of Zoning 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 Zoning Appeals.
§ 335-113 Zoning certified.
No building permit pertaining to the use of land, buildings, or other structures shall be issued by any employee of the Town of Sheboygan unless the application for such permit has been examined by the Building Inspector or his duly authorized deputy certifying that the proposed building or other structure complies with all of the provisions of this chapter. Any building permit issued in conflict with the provisions of this chapter shall be void.
§ 335-114 Occupancy certificates.
See Chapter 120, Building Construction, Article I, Building Code, of this Code.
§ 335-115 Charges for development services.
[Added 9-16-1997 by Ord. No. 1997/98]
A.
All persons proposing an action that requires the issuance of a building permit, conditional use permit, map approval, plat approval, or rezoning approval by the Town or any of its commissions, committees, officers or other agents shall pay such reasonable and necessary charges for professional services incurred by the Town for the review, administration, investigation, and processing of the application. Professional services may include planning, engineering, legal, and related services. Such charges shall be in addition to any other filing, permit, publication or meeting fees, charges or costs otherwise payable by the applicant.
B.
A schedule of standard charges for professional services related to development shall be developed by the Town Clerk and Town Building Inspector within two months after the date of adoption of this chapter and submitted to the Town Board for review and approval. After approval by resolution of the Town Board, the schedule of standard charges shall be maintained by the Town Clerk and Town Building Inspector, and such officials shall provide copies to any person upon request.