The Zoning Administrator shall administer this Chapter. The City of Waupaca Code Enforcement Officer in consultation with the Zoning Administrator shall enforce this Chapter. Certain considerations, particularly with regard to granting of Conditional Uses, issuance of site plan permits for all nonresidential development, changes in zoning districts and the 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.

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.

(1)

Responsibilities. The Zoning Administrator shall further:

(a)

Maintain records of all reports prepared, permits issued, inspections made, work approved, and other official actions.

(b)

Establish that all necessary permits that are required for floodland uses by state and federal law have been secured.

(c)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, and any other purported violations of this Chapter.

(d)

Notify the City Administrator upon determination of a violation of this Chapter.

(e)

In case of any finding of a violation of a provision of this Chapter, notify in writing, the owner of the property on which the violation has taken place indicating the nature of the violation and the action necessary to correct it.

(f)

Prohibit the issuance of any permit until any required zoning approvals have been issued. (Am. Ord. #04-21)

(g)

Request assistance and cooperation from the Building Inspector, City Attorney, Police Department, and other applicable parties as deemed necessary.

(h)

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this Chapter.

(2)

Authority. In the enforcement of this Chapter, the Zoning Administrator shall have the power and authority for the following:

(a)

At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof.

(b)

Upon reasonable cause or question as to proper compliance, to revoke any zoning permits and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this Chapter, such revocation to be in effect until reinstated by the Director of Community and Economic Development or designee, Code Enforcement Office, and the Building Inspector or the Board of Appeals; or take any other action as directed by the Common Council to ensure compliance with or to prevent violation of its provisions.

(c)

In the name of the City, in consultation with the City Attorney, and with authorization of the Common Council commence any legal proceedings necessary to enforce the provisions of this Chapter, including the collection of forfeitures provided for herein.

The duty of the Code Enforcement Officer shall be to monitor and enforce the provisions required by this Chapter.

(1)

Responsibilities. The Code Enforcement Officer shall further:

(a)

Maintain records of all reports prepared, inspections made, work approved, and other official actions.

(b)

Monitor, investigate, respond to complaints, and cause prosecution of violations of the City ordinances as set forth in the ordinances.

(c)

Take steps to cause the correction of any violation of this chapter and all other chapters of this Code under the Officer's jurisdiction. These steps may include warnings, a written order to correct the matter, filing of citations for ordinance violations or filing, with the assistance of the City Attorney, other court actions to enforce this Code. Section 66.0113, Wis. Stats., which authorizes the use of citations, is hereby adopted and incorporated herein by reference.

(d)

In case of any finding of a violation of a provision of this Chapter, notify in writing, the owner of the property on which the violation has taken place indicating the nature of the violation and the action necessary to correct it.

(e)

Request assistance and cooperation from the Building Inspector, City Attorney, Police Department, and other applicable parties as deemed necessary.

(f)

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this Chapter.

(2)

Authority. In the enforcement of this Chapter the Code Enforcement Officer shall have the power and authority for the following:

(a)

At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof.

(b)

Upon reasonable cause or question as to proper compliance, to revoke any zoning permits and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this Chapter, such revocation to be in effect until reinstated by the Director of Community and Economic Development or designee, Code Enforcement Office, and the Building Inspector or the Board of Appeals; or take any other action as directed by the Common Council to ensure compliance with or to prevent violation of its provisions.

(c)

In the name of the City, in consultation with the City Attorney, and with authorization of the Common Council commence any legal proceedings necessary to enforce the provisions of this Chapter, including the collection of forfeitures provided for herein.

(1)

Duties. 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 City Council, other public officials and other interested organizations and citizens. The Commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys.

(2)

Powers. 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 City Council 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 and of its own volition, conduct its own public hearing.

(1)

Notice. Notice of the proposed zoning map or text amendment shall require a Class II notice, and the notice of a Conditional use shall require a Class I notice. Hearing thereon shall be given by publication in the official paper, and in cases of petitions requesting changes in the zoning district classification of any property, granting of Conditional uses, or of planned developments, the Clerk shall mail notice of the public hearing to the owners of all lands within 250 feet of any part of the land included in such proposed change or Conditional use at least five days before such public hearing. The failure of such notice to reach any property owner provided such failure not be intentional, shall not invalidate any amending ordinance, or grant of Conditional use of planned development. Such mailed notice shall not be required where the Common Council determines that the change is of such comprehensive nature that such notice would involve excessive administrative effort and expense and is not necessary for reasonable notification of affected property owners. At least five days prior written notice of changes in the district plan shall also be given to the Clerk of any municipality whose boundaries are within 1,000 feet of the land to be affected by the proposed change. Failure to give such notice shall not invalidate any such change.

(2)

Information. Such notices shall state the time and place of such public hearing and the purpose for which the hearing is held, and shall include, in the case of map changes a description of the area involved and in the case of text changes a description of the proposed change, in sufficient detail for general public identification. Reference shall also be made to the fact that detailed descriptions are available for public inspection at the Clerk's Office.

(3)

Petitions Not Involving Zoning Change. Where such hearing is required by the provisions of this Chapter as a result of a request for other than a zoning change or appearance before the Board of Appeals, such request shall be presented to the Clerk in writing, and shall be accompanied by a map or description clearly identifying the property involved and by a fee payable to the City, as from time to time established by Resolution of the Common Council, to defray the cost of notification and holding of a public hearing.

(1)

Establishment.

(a)

A Board of Appeals is hereby established.

1.

The Board of Appeals shall consist of five members appointed by the Mayor, subject to confirmation by the Council, for three-year terms.

2.

Official Oaths shall be taken by all members in accordance with Chapter 19.01, Wis. Stats., within 10 days of receiving notice of their appointment.

3.

The members shall serve without compensation and shall be removable by the Mayor for cause upon written charges and after public hearing.

4.

The Mayor shall designate one of the members as Chair.

5.

The Mayor shall appoint two alternate members for three-year terms who shall act with full power only when a member of the Board of Appeals is absent or refuses to vote because of interest.

6.

Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The Board of Appeals may employ a secretary and other employees.

(2)

Meetings. Meetings of the Board of Appeals shall be held at the call of the chairman and at such other times as the Board of Appeals may determine. Such chair, or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Appeals shall be open to the public. The Board of Appeals 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 keep records of its examinations and other official action, all of which shall be immediately filed in the office of the Board of Appeals and shall be public record.

(a)

The Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Board of Appeals.

(3)

Powers. The Board of Appeals shall have the following powers:

(a)

Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by any administrative official.

(b)

Variances. To authorize, upon appeal in specific cases, such variances from the terms of this Chapter as shall not be contrary to the public interest where, owning to special conditions, a literal enforcement shall result in unnecessary hardship so that the spirit and purposes of this Chapter shall be observed and the public safety, welfare and justice secured. The burden of proof for the unnecessary hardship shall rest entirely upon the applicant. Use variances shall not be granted. In every case where a variance from these regulations has been granted, the minutes of the Board of Appeals meeting shall affirmatively show that an unnecessary hardship exists, and the records of the Board of Appeals shall clearly show in what particular and specific respects an unnecessary hardship is created.

(c)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.

(d)

Permits. The Board of Appeals may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issuance of a permit.

(e)

Assistance. The Board of Appeals may request assistance from other City officers, departments, commissions and boards.

(f)

Oaths. The Chairperson may administer oaths and compel the attendance of witnesses.

(4)

Appeals and Applications. Appeals from the decision of any administrative official concerning the literal enforcement of this Chapter may be made by any person aggrieved or by an officer, department, board, or bureau of the City.

(a)

Stay. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a Court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(b)

Deadline for Application. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the administrative official. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed with the secretary. Such appeals and applications shall include the following:

1.

Name and Address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.

2.

Information. All information required for a zoning permit.

3.

Additional Information. Additional information required by the Plan Commission, the Board of Appeals or the Zoning Administrator.

4.

Payment of Fee in accordance with this Chapter.

(5)

Prohibited Uses. 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.

(6)

Public Hearings. The Board of Appeals shall fix a reasonable time and place for the hearing, give a Class 1 public notice thereof as specified in Ch. 985, Wis. Stats., and shall give due notice to the parties of interest, the adjacent property owners, the Zoning Administrator, and the Plan Commission. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney.

(7)

Findings. No variance to the provisions of this chapter shall be granted by the Board of Appeals unless it finds that all the following facts and conditions exist and so indicated such in the minutes of its proceedings. (Am. Ord. #04-21)

(a)

Preservation of Intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or Conditional use in that particular district.

(b)

Special or Unique Condition. There shall be a special or unique condition applying to the lot or parcel that does not apply generally to other properties in the same district, and the granting of the variance shall not be of so general or recurrent nature as to suggest that the Zoning Code should be changed.

(c)

Economic Hardship and Self-Imposed Hardship Not Grounds for Variance. The special or unique condition on the lot or parcel must cause an unnecessary hardship. However, no variance shall be granted solely on the basis of economic gain or loss and self-imposed hardships shall not be considered as grounds for the granting of a variance.

(d)

Public Interest: No variance shall be granted that will materially impair or be contrary to the purpose and spirit of this Chapter or the public interest.

(8)

Decision. The Board of Appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of its decision to the appellant or applicant, Zoning Administrator, and Plan Commission.

(a)

Required Vote. The concurring vote of 4 members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to affect any variation therefrom. The grounds of every such determination shall be stated.

(b)

Conditions may be placed upon any building permit ordered or authorized by the Board.

(c)

Variances, Substitutions, or Permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.

(9)

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 Zoning Board of Appeals.

(1)

Jurisdiction. In the event an extraterritorial zoning committee is formed, pursuant to §62.23(7a), Wis. Stats., the jurisdiction of this Section shall also extend to those lands and waters lying within the unincorporated area that are approved by a majority of the members of the appropriate joint extraterritorial zoning committee.

(2)

Changes and Amendments. Each change or amendment shall be subject to the review and recommendation of the Plan Commission and the appropriate joint extraterritorial zoning committee.

(3)

Recommendations. The appropriate joint extraterritorial zoning committee and the Plan Commission shall review all proposed changes and amendments within the extraterritorial zoning jurisdiction, but only the members of the appropriate joint committee shall vote on matters relating to their zoning jurisdiction.

(4)

Hearings. The Council shall hold a public hearing upon each recommendation, giving notice by publication thereof by a Class 2 notice under Chapter 985, Wis. Stats., during the preceding 30 days, listing the time, place and the changes or amendments proposed and by mailing notice to the town clerk of the town affected. The Council shall also give at least 10 days prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment. Prior to the Council hearing, the appropriate joint extraterritorial zoning committee shall hold a public hearing upon each proposed change or amendment within their zoning jurisdiction, giving notice thereof by a Class 2 notice under Chapter 985, Wis. Stats., during the preceding 30 days by listing the time, place and the changes or amendments proposed. The joint committee shall mail notice to the clerk of the affected town.

(5)

Council Action. Following such hearing and after careful consideration to the recommendations of the Plan Commission and the appropriate joint extraterritorial zoning committee, the Council shall vote on the passage of the proposed change or amendment. The Plan Commission's recommendations may only be overruled by a ¾ vote of the full Council membership. A favorable vote of a majority of 6 members of the appropriate joint extraterritorial zoning committee is required before the Council may adopt any changes or amendments affecting their extraterritorial zoning jurisdiction.

Plan Commission approvals granted for building, site and operation plans, signs, second garage structures, temporary structures and sketch land divisions in which the petitioner has not commenced construction activity or preparation of the land, or has not submitted a certified survey map or preliminary plat within the past 24 months of the date of approval, said approval will expire and reapplication will be required. A reapplication shall be limited solely to reasonable compliance with current design, locational, and operational requirements. A reapplication shall not involve the basic permissibility of the use where such use is permitted by right at the time of reapplication. The Plan Commission may grant one six-month extension if requested 30 days prior to the pending expiration date provided that the applicant demonstrates a valid cause. This Section shall be in force and effect for all applications filed after the date of adoption and publication.

(1)

Application Fees. The application fee charged for a permit issued under this Chapter shall be in an amount as indicated in the most recently Common Council adopted Fee Schedule. No application shall be accepted unless accompanied by the established application fee.

(2)

Reapplication Fee. A reapplication fee shall be paid with the submission of any revised or amended application for a permit issued under this Chapter which contains substantial changes from the original submittal. Such reapplication fee shall be 50 percent of the application fee as cited in Subsection (1) above. If the submittal is so different as to constitute a new application, the full review fee shall be paid.

(3)

Consultant Fees. The City may retain the services of professional consultants (including planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the City's review of a proposal coming before the Plan Commission and/or City Council. The submittal of a development proposal application or petition shall be construed as an agreement to pay for such professional review services applicable to the proposal. The City may apply the charges for these services to the petitioner. The City may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until the petitioner pays such fees. Review fees which are applied to a petitioner, but which are not paid, may be assigned by the City as a special assessment to the subject property. The Petitioner shall be required to provide the City with an executed copy of a professional services reimbursement form as a prerequisite to the processing of the development application.

(4)

Fees Doubled. Fees shall be doubled if the work, use, or activity is commenced prior to the issuance of a permit required under this Chapter.

Any person who violates any provision of this Chapter shall be subject to a penalty as provided in Chapter 25.04 of the City of Waupaca Code of Ordinances.

(1)

It shall be the duty of the Zoning Administrator in consultation with the Director of Community and Economic Development and with the aid of the Building Inspector, Code Enforcement Office, Police department, and City Attorney to enforce the provisions of this Chapter.

(2)

Any building or structure hereafter erected, moved, or structurally altered or any use hereafter established in violation of any of the provisions of this Chapter shall be deemed an unlawful building, structure, or use. The Zoning Administrator shall promptly report all such violations to the City Attorney, who shall bring action to enjoin the erection, moving, or structural alteration of such building of the establishment of such use or to cause such building, structure, or use to be vacated or removed.