Section 116.19. Appointment and duties of zoning administrator, zoning agency and board of adjustment or appeals.

 

(1)   Appointment powers. Municipalities shall provide in their floodplain zoning ordinances for the appointment of appropriate boards and staff, and the development of necessary policies and procedures, to administer the floodplain zoning ordinance in accordance with this section. If a zoning administrator, zoning agency or a board of adjustment or appeals has already been appointed to administer a zoning ordinance adopted under s. 59.69 , 59.692 or 62.23 (7) , Stats., these officials shall also administer the floodplain zoning ordinance.

(2)   Zoning administrator. A zoning administrator and such additional staff as needed shall be appointed and given the duties and powers to:

(a) Advise applicants of the provisions of the floodplain zoning ordinance and provide assistance in preparing permit applications and appeals;

(b) Issue permits and inspect properties for compliance with the floodplain zoning ordinance;

(c) Keep the official records of, and any changes to, all water surface profiles, floodplain zoning maps, floodplain zoning ordinances, nonconforming buildings and nonconforming uses and the official records of all permit applications, permits, appeals, variances and amendments related to the floodplain zoning ordinance;

(d) Submit copies of any required data, special exception permits, variances, amendments, case-by-case analyses, annual reports and any other required information to the department. An annual summary showing only the number and types of zoning actions taken by the municipality shall be submitted to the department by the zoning administrator; and

(e) Investigate, prepare reports and report violations of the floodplain zoning ordinance to the appropriate municipal committee and to the municipal attorney, corporation counsel or district attorney, with copies to the appropriate department district office.

(3)   Zoning agency.

(a) A zoning agency shall be appointed and given the duties and powers to:

1. Oversee the functions of the office of the zoning administrator;

2. Review and act upon all proposed amendments to the floodplain zoning ordinance; and

3. Maintain a complete public record of all its proceedings.

(b) In some cases, a zoning agency may act in place of the board of adjustment or appeals, if so designated by the municipality, to hear and decide special exception or conditional use permits. However, a zoning agency cannot act upon requests for a variance.

(4)   Board of adjustment or appeals. A board of adjustment, in counties or board of appeals, in cities and villages shall be appointed and given the duties and powers in accordance with ss. 59.694 and 62.23 (7) , Stats., to:

(a) Hear and decide appeals where there is an alleged error in any interpretation, order, requirement, decision, or determination made by the zoning administrator in the enforcement or administration of the floodplain zoning ordinance;

(b) Hear and decide all requested special exceptions or conditional uses to the terms of the floodplain zoning ordinance, using the criteria found in s. NR 116.21 (3) ;

(c) Hear and decide all requested variances to the terms of the floodplain zoning ordinance;

(d) Maintain a complete public record of all its proceedings; and

(e) Make all of its decisions within a reasonable time and in the form of a written statement, resolution or order signed by the secretary. The zoning administrator may not be the secretary of the board of adjustment or appeals.

History: Cr. Register, February, 1986, No. 362 , eff. 3-1-86; corrections in (1) and (4) (intro.) were made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547 .