Williams Bay City Zoning Code
ARTICLE 11
Administration
§ 390-1101 Purpose.
The purpose of this article is to establish the administrative and enforcement framework for the application of this chapter.
§ 390-1102 Zoning Administrator.
The Building Inspector, and/or other designee of the Village Administrator, is hereby designated as the administrative and enforcement officer(s) for the provisions of this chapter and is also herein referred to as the Zoning Administrator. The general duty of the Zoning Administrator is to interpret and administer this chapter, as well as certain other Village of Williams Bay ordinances as indicated within those ordinances.
A.
With respect to this chapter, the Zoning Administrator shall have the following specific duties and responsibilities:
(1)
Determine that all amendments, permits, and site plans comply with the provisions of this chapter.
(2)
Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter.
(3)
Maintain permanent and current records of this chapter, including but not limited to all permits issued, fees collected, inspections made, work approved, map amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications thereof.
(4)
Record the first floor and lowest floor (basement or crawlspace) elevations of all structures erected, moved, altered, or improved in the floodplain overlay districts.
(5)
Receive, file, and forward all applications for all procedures governed by this chapter to the designated official bodies.
(6)
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters.
(7)
Give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney in a manner specified by him.
(8)
Institute, in the name of the Village of Williams Bay, any appropriate actions or proceedings against a violator of this chapter, as provided by law, and assist the Village Attorney in the prosecution of violations of this chapter.
(9)
Prohibit the use or erection of any structure, land, or water until inspection and approval of such use or erection.
(10)
Where useful, the Zoning Administrator may set marks on bridges or buildings or other markers depicting the depth of the regional flood or may set marks delineating the boundaries of wetlands.
(11)
Request assistance and cooperation from the Village Police Department and Village Attorney as deemed necessary.
(12)
Make available to the public, to the fullest extent possible, all reports and documents concerning the Village's Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The Village Board may set fees necessary to recover the cost of providing information to the public.
(14)
Grant minor variations from the dimensional (setback, height, and area) requirements of this chapter, up to a maximum variation of 5% for setbacks and height limitations and up to a maximum variation of 5% or 1,000 square feet for area requirements (whichever is less), so long as the spirit and intent of the performance standards are preserved.
(15)
Establish that all necessary permits required for floodland uses by state and federal law have been secured.
(16)
Attend all meetings of the Village Plan Commission and the Village Zoning Board of Appeals.
B.
In the enforcement of this chapter, the Zoning Administrator shall be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If entry is refused, the Zoning Administrator may procure a special inspection warrant in accordance with § 66.0119(2), Wis. Stats.
§ 390-1103 Plan Commission.
The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the planning and development of the Village to the Village Board, other public officials, and other interested organizations and citizens. 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 Village Board pursuant to the guidelines set forth in this chapter.
§ 390-1104 Village Board.
The Village Board, the governing body of the Village, subject to recommendations by the Plan Commission, has ultimate authority to make changes and amendments to this Zoning Ordinance and the Official Zoning Map. The Village Board may, in arriving at its decision, on occasion and of its own volition, conduct its own public hearing.
§ 390-1105 Zoning Board of Appeals.
There is hereby established a Zoning Board of Appeals for the Village of Williams Bay for the purpose of hearing appeals and granting variances and exceptions to the provisions of this Zoning Ordinance.
A.
Membership.
(1)
The Zoning Board of Appeals shall consist of five members appointed by the Village President and confirmed by the Village Board.
(2)
The Village President shall appoint a first alternate member and a second alternate member to act only when a regular member is absent or refuses to vote because of interest.
(3)
The second alternate member may act only when the first alternate is unable to act or is already sitting.
(4)
Terms shall be for staggered three-year periods.
(5)
The Village Clerk shall serve as the secretary.
(6)
Two members shall be Village Board members and three members shall be citizen members.
(7)
One member shall be a Village Plan Commissioner and one member shall be a registered architect, professional engineer, builder, real estate agent, or certified planner.
(8)
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within five days of receiving notice of their appointment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(9)
The Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
(10)
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
B.
Organization.
(1)
The Zoning Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.
(2)
The Zoning Board of Appeals shall hold meetings as prescribed in its rules of procedures and such meetings shall be open to the public.
(3)
Minutes of the proceedings and a record of all actions taken shall be kept showing the vote of each member upon each question, the reasons for the Board's determination, and its findings of fact. These records shall be immediately filed in the official records of the Zoning Board of Appeals and shall be a public record.
(4)
When a quorum is present, the concurring vote of the majority is required to correct an error, grant a variance, or make an interpretation.
(5)
Members shall serve without compensation.
(6)
Members shall be removable by the Village President for cause upon written charges and after public hearing.
(7)
The Village President shall designate one of the members Chairperson and the Zoning Board of Appeals may designate such other officers and employ such employees as it feels necessary.
C.
Powers.
(1)
The Zoning Board of Appeals shall have the following powers:
(a)
To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator or Plan Commission.
(b)
To hear and grant variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.
(c)
To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.
(d)
To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made and the Plan Commission has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
(e)
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 or administration of the Shoreland-Wetland Overlay Zoning District provisions.
(2)
The Board may reverse, affirm wholly, or partly modify the requirements appealed from, and may issue or direct the issue of a permit.
(3)
Conditions may be placed upon any building permit ordered or authorized by the Zoning Board of Appeals.
(4)
The Board may request assistance from other Village officers, departments, commissions, and boards.
(5)
The Chairperson may administer oaths and compel the attendance of witnesses.
D.
Review by court of record. Any person or persons aggrieved by any decision of the Zoning 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.
§ 390-1106 Fees.
A.
All persons, firms, or corporations performing work that by this chapter requires the issuance of a permit shall pay a fee for such permit to help defray the cost of administration, investigation, advertising, and processing of permits. Permit fees shall be in addition to those established by the Village Building, Plumbing, and Electric Codes. The fees for permits shall be in accordance with the most current "Resolution of the Village Board Establishing Zoning Fees," which is on filed in the office of the Village Clerk.
B.
All fees shall be established by separate resolution by the Village Board from time to time as deemed appropriate.
C.
Fees shall be payable at the time applications are filed with the appropriate officer of the Village (per the requirements of this chapter) and are not refundable.
D.
A double fee shall be charged if work is started before a permit is applied for and issued, or if a building is occupied prior to the issuance of a certificate of compliance, per § 390-1211. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
§ 390-1107 Recovery of Village costs and expenses.
A.
General provisions.
(1)
In addition to any other fees required to be paid in conjunction with the filing of an application requesting any consideration on the part of the Village Board, the Village Plan Commission, or the Village Board of Appeals to establish or modify any use of land or subdivision of land within the Village, the person, partnership, or entity requesting such consideration (hereinafter called "applicant") shall compensate the Village for all costs and expenses the Village incurs in the consideration of any such application or request. The obligation to compensate the Village for its costs or expenses shall include costs incurred as part of any preapplication discussions with the Village or its representatives that precede an application to the Village.
(2)
Applicant certificate and agreement. Before the Village shall incur any costs or expenses in consideration of any application as described in this section, the applicant shall sign a Cost Recovery Certificate and Agreement on a form to be made available by the Village Clerk acknowledging the applicant's responsibility for all Village costs and expenses directly or indirectly related to the consideration of the applicant's proposal. The original of said Certificate and Agreement shall be kept on file with the Village Clerk. A copy shall be given to the applicant at the time of signing.
B.
Costs recoverable. All costs that are incurred by the Village in the consideration of any proposals related to the Village zoning or subdivision ordinance, the Official Map, building code, property maintenance code, or tax increment finance districts shall be recoverable. This shall include all professional and technical consultant services and fees incurred by the Village and rendered in review of any application, including but not limited to the Village Engineer, Planner, Building Inspector, Village Attorney or any other professional or expert hired by the Village for purposes of review of the application or preapplication.
C.
Billing of costs. The Village Clerk shall, on a monthly basis, bill all costs recoverable pursuant to this section to the applicant. Said costs shall be paid by applicant within 10 days of receipt of the Village's billing. The Village Board may require an applicant to submit an advance deposit against future billings by the Village for the recovery of costs provided by this section. Surplus deposits shall be returned to the applicant at the conclusion of the project if such deposit exceeds the amount of billings for recoverable costs.
D.
Condition of all applications. Notwithstanding anything in the Village Municipal Code to the contrary, an applicant's failure to pay in full all recoverable costs pursuant to this section shall cause the Village to halt any further consideration of or action on the applicant's proposal until such recoverable costs have been paid. This condition shall extend to any Village Board request for an advance deposit against future billings for recoverable costs, as called for herein.
E.
Enforcement. In addition to those provisions for enforcement contained in the Village Municipal Code, in the event the Village is not paid billed recoverable fees as called for herein, the Village shall be entitled to assign such fees as a special assessment to the subject property. The Village shall also be entitled to recover all actual attorney fees, litigation expenses, witness fees, filing fees, expert witness fees, and all other costs or expenses incurred by the Village in the prosecution of a violation of this section.