Weyauwega City City Zoning Code

This article shall set forth the requirements to adequately provide and develop the proper administration and enforcement of this chapter.

This article shall provide for the position of Zoning Administrator and establish the Plan Commission and Zoning Board of Appeals.

Responsibilities. The Zoning Administrator shall further:

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

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

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 Common 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.

Establishment. A Board of Appeals is hereby established.

Meetings. Meetings of the Board of Appeals shall be held at the call of the Chair and at such other times as the Board of Appeals may determine. Such Chair, or in his/her absence the acting Chair, 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.

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

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.

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.

Public hearings. The Board of Appeals shall fix a reasonable time and place for the hearing, give a Class 2 public notice thereof as specified in Ch. 985 of the Wisconsin Statutes Annotated, 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.

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.

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.

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.

Notice. Notice of the proposed zoning map, text amendment, or conditional use permit shall require a Class II 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 City 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 is not 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 City 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.

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 City Clerk's Office.

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 City 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.

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.[1] No application shall be accepted unless accompanied by the established application fee.

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% of the application fee as cited above. If the submittal is so different as to constitute a new application, the full review fee shall be paid.

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 Common 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.

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.