Suamico, WI Zoning Ordinance

This section shall provide the authority and necessary requirements for issuance of variances, appeals, amendments, conditional uses, special exceptions, and penalties.

(2)

Planning and Zoning Commission. The Planning and Zoning Commission (referred to as Planning Commission) shall be the authorized planning agency, administer the said zoning ordinance, and shall perform the duties of the Planning and Zoning Committee as set forth in Wis. Stats. § 62.23 (and as amended).

Jurisdiction. The Planning Commission shall carry out the following duties as enumerated in Wis. Stats. § 62.23 under this ordinance:

Carry out the administration of this zoning ordinance.

Review all applications for conditional uses, special exceptions, and amendments to this ordinance and report said findings and recommendations to the Board in the manner designated by this ordinance for conditional uses, special exceptions, and amendments.

Provide and maintain a public information bureau relative to all matters arising out of this ordinance.

Maintain permanent and current records of this ordinance including, but not limited to all maps, land divisions, amendments, conditional uses, special exceptions, variances, appeals, and applications thereof.

Initiate, direct, and review from time to time a study of the provisions of this ordinance and to make reports of its recommendations to the Board.

Meetings.

All meetings of the Planning Commission shall be held on the second Wednesday of the month or at the call of the chairperson of the Commission and at such times as the Commission may determine.

The Commission 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 also keep records of its hearings and other official actions.

Decisions. All actions of the Planning Commission shall require the vote of a majority of the members of the Commission.

Membership. Shall be as specified in Village Code Section 2.07.

(3)

Board of Appeals. The Board of Appeals is hereby established under Village Code Section 1.03 and as authorized under the provisions of the Wisconsin State Statutes, Chapter 62.23(7)(e) and as amended.

Jurisdiction. The Board of Appeals is hereby entrusted with the jurisdiction and authority to:

Hear and decide appeals from any order, requirement, decision, or determination made under the provisions of this ordinance.

Hear and act upon the application for variances from the terms provided in this ordinance in the manner prescribed by and subject to the standards established herein.

Hear and decide all matters referred to it or upon which it is required to act upon under this ordinance as prescribed by Wis. Stats. § 62.23(7)(e) (and as amended).

To 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 of Wis. Stats. § 62.23(7)(e) or of any ordinance adopted thereto.

To authorize upon appeal in specific cases such variance from the terms of the land use and planning ordinance as will not be contrary to the public interest where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. To have the powers and duties provided for Boards of Appeals under 62.23(7)(e)7 Wisconsin Statutes and shall carry out their duties in the manner provided for Boards of Appeals by 62.23(7)(e) Wisconsin Statutes.

Meetings and Rules.

All meetings of the Board of Appeals shall be governed by Wisconsin Statute 62.23(7)(e).

The Board shall adopt its own rules and procedures not in conflict with this ordinance or with the applicable Wisconsin state statutes.

Decisions. All decisions and findings of the Board of Appeals on appeals or upon application for a variance shall be by the concurring vote of the majority of the Board and after said hearing shall in all instances be final administrative decisions and shall be subject to judicial review as by law may be provided.

Board Membership. Shall be as specified in Village Code Section 1.03.

(4)

Variances.

Application.

An application for a variance shall be filed with the Zoning Administrator. The application shall contain such information as the Board of Appeals by rule may require. Notice of the time and place of such public hearing shall be published as a Class 1 Notice and also by mailing notice thereof to parties in interest, said publication and mailing to be made at least 10 days prior to the date of the hearing. The Board of Appeals shall thereafter reach its decision within 60 days from the filing of the appeal.

Standards for Variances. The Board of Appeals shall not vary the regulations as set forth in the Zoning Code unless it shall make findings based upon the evidence presented to it in each specific case.

Because of the particular physical surrounds, shape, or topographical condition of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

Conditions upon which a petition for a variation is based are unique to the property for which the variance is sought, and are not applicable generally to other property within the same zoning classification.

Alleged difficulty or hardship is caused by this ordinance and has not been created by any person presently having an interest in the property.

Granting of the variation shall not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

Proposed variation shall not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(5)

Appeals. An appeal may be taken to the Board of Appeals by any person, firm, or corporation, or by any office, department, board, or bureau aggrieved by a decision of the Administrative Officer. The process for such appeals shall be governed by Wisconsin Statute 62.23(7)(e).

(6)

Amendments to the Zoning Code.

Authority. The Board may from time to time in the manner hereafter set forth amend the regulations imposed in the districts or amend district boundary lines provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for the intent purpose of said changes as per 18.02, Purpose and Severability of this ordinance.

Initiation. Amendments may be proposed by any governmental body or any interested person or organization.

Application. An application for an amendment shall be filed with the Zoning Administrator in such form and accompanied by such information as required by the Planning and Zoning Commission. Said application shall be reviewed and a written recommendation submitted thereon to the Board.

Hearing Notice. The Board shall hold public hearing on each application for an amendment. Time, place, and purpose of the hearing shall be published as a Class 2 Notice.

(e)

Findings and Recommendations.

The Planning Commission shall make written findings of fact and shall submit together with its recommendations to the Board prior to the public hearing.

Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

Existing uses of property within the general area of the property in question.

Zoning classification of property within the general area of the property in question.

Suitability of the property in question to the uses permitted under the existing zoning classification.

Trend of development, if any in the general area of the property in question, including changes if any, which have taken place in its present zoning classification.

Adequate public facilities to serve the development are present or will be provided.

Providing these facilities will not be an unreasonable burden to the Village.

The land is suitable for development and development will not cause unreasonable air and water pollution, soil erosion, or adverse effects on rare or irreplaceable natural areas.

The Planning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant.

The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant.

(f)

Board Action.

The Board shall not act upon a proposed amendment to this ordinance until it has received a written report and recommendation from the Planning Commission on the proposed amendment.

The Board may grant or deny any application for an amendment provided, however, that in the event of a written protest, Wis. Stats. 62.23(7)(d)2m is followed.

If an application for a proposed amendment is not acted upon finally by the Board within 90 days of the date upon which such application is received by the Board, it shall be deemed to have been denied.

This section shall not interfere with the Board's ability to alter, supplement, or change the boundaries or regulations established in this ordinance.

(7)

Conditional Uses.

Purpose. To place unique land use characteristics within favorable zoning districts to ease conflicts on neighboring lands and public need, conditional uses shall be of two types.

Uses publicly operated or traditionally affected with a public interest.

Private uses in character of an unusual nature that their operation may give use to unique problems with respect to their impact upon neighboring property as public facilities.

Initiation. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable; may file an application to use such land for one or more of the conditional uses provided for in this ordinance in the zoning district in which the land is located.

Application. The application for a conditional use shall be filed with the Zoning Administrator on a form so prescribed by the Planning Commission. The application shall be accompanied by such plans and/or data prescribed by the Planning Commission and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zone districts. Such application shall be reviewed by the Planning Commission and a written recommendation submitted thereon to the Board.

Hearing on Application. Upon receipt in proper form of the written recommendation referred to Section 18.99 (7)(c), the Board shall hold a public hearing on the proposed conditional use.

(e)

Authorization. For each condition listed in an application for a conditional use, the Planning Commission shall report to the Board its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed conditional use is not acted upon within 90 days of the date upon which such application is received by the Board, it shall be deemed to have been denied.

(f)

Standards. No conditional use shall be recommended by the Planning Commission unless said Commission shall find that the conditions comply with Section 18.02.

(g)

Conditions and Guarantees. Before issuing a conditional use, the Planning Commission may recommend that the Board shall stipulate conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 18.99(7) (f) above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(8)

Special Exceptions.

Purpose. A special or unique situation, excluding a change in use or a use prohibited in a zoning district, which may authorized by the Planning and Zoning Commission and is specifically set forth in the ordinance as a special exception and which may justify the waiver of the regulations applicable thereto and does not necessarily require the demonstration of an unnecessary hardship or practical difficulty.

Initiation. Any person having a freehold interest in land or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application for a special exception provided for in this ordinance in the Zoning District in which the land is located.

Application. The application for a special exception shall be filed with the Planning Commission on a form so prescribed by the Planning Commission. The application shall be accompanied by such plans and/or data prescribed by the Planning Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special exception will conform to the standards set forth in the respective zone districts. Such application shall be reviewed and acted upon by the Planning Commission.