This article contemplates an administrative and enforcement officer entitled the "zoning administrator" to administer and enforce this article. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and the zoning map, and amending the text of this article require review and recommendation by the plan commission and ultimate action by the common council. A zoning board of appeals is provided to ensure proper administration of this article and to avoid arbitrariness.

(Code 1999, § 13-1-220)

(a)

Appointment. The common council shall designate the city inspector as zoning administrator and as the administrative enforcement officer for this article. The duty of the zoning administrator shall be to interpret and administer this article and to issue, after on-site inspection, all permits required by this article.

(b)

Duties. In enforcing and administering this article, the zoning administrator shall perform the following duties:

(1)

Issue the necessary building permits and occupancy and zoning use permits required by this article, provided there has been compliance with this article.

(2)

Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.

(3)

For any finding of a violation of a section of this article, notify, in writing, the actual violator where known, the owner of the property on which the violation has taken place and the common council, indicating the nature of the violation and the action necessary to correct it.

(4)

Receive, file and process for action all applications for conditional uses, variances and amendments to this article which are filed in the zoning office.

(5)

Initiate, direct and review, from time to time, a study of this article and make reports of the recommendations to the plan commission for investigation and appropriate action.

(6)

Carry out such additional responsibilities as are set forth by this article.

(c)

Authority. In the enforcement of this article, the zoning administrator shall have the power and authority for the following:

(1)

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

(2)

Upon reasonable cause or question as to proper compliance, revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of this article, such revocation to be in effect until reinstated by the zoning administrator 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 this article.

(3)

In the name of the city and with authorization of the common council, commence any legal proceedings necessary to enforce this article or article VI of this chapter, including the collection of forfeitures provided for in this article.

(Code 1999, § 13-1-221)

Cross reference— Officers and employees, § 2-76 et seq.

(a)

Plan commission. 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. In general, the plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this article, its functions are primarily recommendatory to the common council pursuant to guidelines set forth in this article as to various matters and, always, being mindful of the intent and purposes of this article. 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 its own volition, conduct its own public hearing. The plan commission shall have the powers to conduct and hold public hearings on all proposed amendments to this article as provided in Wis. Stats. § 62.23(7)(d).

(b)

Common council. The common council, the governing body of the city, subject to recommendations by the plan commission and the holding of public hearings by such council, has ultimate authority to grant planned unit development applications; to issue conditional use permits; to make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map; and to amend the text of this article. The common council may delegate to the plan commission the responsibility to hold some or all public hearings as required under this article.

(c)

Zoning board of appeals. A zoning board of appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this article.

(Code 1999, § 13-1-222)

(a)

Required. No building shall be erected, moved or structurally altered until a zoning permit therefor shall have been applied for and issued.

(b)

Application. Every application for a zoning permit shall be accompanied by a location sketch in duplicate, drawn to scale, showing the following:

(1)

The location, actual shape and dimensions of the lot to be built upon;

(2)

The exact size and location on the lot of the proposed or existing building and accessory building;

(3)

The lines within which the building shall be erected, altered or moved;

(4)

The existing or intended use of each building or part of a building;

(5)

The number of families the building is intended to accommodate; and

(6)

Such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this article.

(c)

Dimensions. All dimensions shown relating to the location and size of the lot shall be based on an actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

(d)

Issuance or denial. Except as otherwise provided in this article, the zoning administrator shall issue or refuse to issue a zoning permit within ten days after receipt of an application therefor. Refusal to issue a zoning permit shall be given in writing, with the reasons for such refusal.

(e)

Proper applicants generally. The following shall be considered proper applicants for a zoning permit or certificate of compliance under the terms of this article:

(1)

The record title owner under a properly recorded instrument of conveyance.

(2)

The vendee under a properly recorded land contract.

(3)

The vendee under a written contract of sale, agreement to sell, earnest money agreement or similar real estate agreement.

(4)

The duly authorized agent for any of the persons listed in this subsection.

(f)

Identification of proper applicants. The zoning administrator may request proper proof of the applicant showing that he/she is a proper applicant, under the terms of this article. His/her application for a zoning permit or certificate of compliance shall not be considered filed until such time as the requested proof is filed with the zoning administrator's office. The zoning administrator may revise the form of the application for a zoning permit and certificate of compliance to conform with the terms of this article. If the applicant is not the fee simple owner of the property involved, the name of any lienholder shall be included in the application.

(g)

Time limitations. Any zoning permit granted under this article shall become null and void within six months after it is issued if construction on the property for which the permit is granted has not been commenced within the six-month period. In all such cases where a permit has become null and void, a new application must be filed for a new zoning permit before any construction can commence at such location. All zoning permits granted under the terms of this article shall be valid for only 12 months. Zoning permits shall expire on the first anniversary date from their issuance. If a certificate of compliance has not been issued for the property by the expiration date of the zoning permit, application for a new zoning permit must be made in order to continue work on the premises involved.

(h)

Conditions for refusal; appeal procedure. The zoning administrator shall not issue a zoning permit for any property, the improvement of which might tend to interfere with the exterior lines of planned new streets, highways, parkways, parks or playgrounds or the exterior lines of planned widening or extending of existing streets, highways, parkways, parks or playgrounds. Any person who feels aggrieved by the decision of the zoning administrator may appeal to the zoning board of appeals, which has power in a specific case, by the vote of a majority of its members, to grant a permit for a building or such street, highway, parkway, park or playground, which will as little as practicable increase the cost of opening such street, highway, parkway, park or playground. Such board may impose reasonable requirements as a condition of granting such permit, which requirements shall be designed to promote the health, convenience, safety or general welfare of the city. Such board shall refuse a permit where the applicant will not be substantially damaged by placing his/her building outside the planned street, highway, parkway, park or playground.

(i)

Fees. Prior to issuing a zoning permit, the zoning administrator shall collect from the applicant, to defray the costs to the city of processing the application, a permit fee as provided in section 1-22.

(j)

Additional requirements. In addition to other requirements of this article, no building, land use or moving permit shall be issued unless:

(1)

Sanitary sewer and water is available or installation thereof has been approved by the council; or

(2)

Alternatively, a sanitary sewer system in accordance with Wis. Admin. Code § Comm 82.30 and related sections thereof has been approved for the premises and the premises is in compliance with Wis. Admin. Code §§ NR 112.01—112.25.

(Code 1999, § 13-1-223)

(a)

Generally. No building or addition thereto constructed after December 1968 and no addition to a previously existing building shall be occupied and no land vacant after December 1968 shall be occupied or used and no building erected, altered or moved shall be occupied until an occupancy certificate has been issued by the zoning administrator. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with this article. Such certificate shall be applied for when the application is made for a zoning permit and shall be issued within ten days after the completion of the work specified in such zoning permit application, but only if the building or premises and the proposed use thereof conform with all the requirements of this article.

(b)

Application. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the building inspector.

(c)

Issuance. No occupancy certificate for a building or portion thereof constructed after December 1968 shall be issued until construction has been completed and the premises inspected and certified by the zoning administrator to be in conformity with the plans and specifications upon which the zoning certificate was based. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued not later than 14 days after the zoning administrator is notified in writing that the building is or premises are ready for occupancy.

(Code 1999, § 13-1-224)

(a)

Required. All applications for zoning permits for any construction, reconstruction, expansion or conversion, including mobile home parks and subdivisions, except for one- and two-family residences in residential districts, shall require site plan approval by the plan commission in accordance with this section.

(b)

Application. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the plan commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this article.

(c)

Administration. The zoning administrator shall make a preliminary review of the application and plans and shall refer them, along with a report of his/her findings, to the plan commission within ten days. The plan commission shall review the application and may refer the application and plans to any expert consultants selected by the common council to advise whether the application and plans meet all the requirements applicable thereto in this article. Within 40 days of its receipt of the application, the commission shall authorize the zoning administrator to issue or refuse a zoning permit.

(d)

Considerations. In acting on any site plan, the plan commission shall consider the following:

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community. The applicant shall design the construction or use to minimize any traffic hazard created thereby.

(3)

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(4)

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

(e)

Effect on municipal services. Before granting any site approval, the plan commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the city engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the plan commission shall forward its recommendations to the common council and shall not issue final approval until the common council has entered into an agreement with the applicant regarding the development of such facilities.

(Code 1999, § 13-1-225)

The following fees shall be applicable for this article:

(1)

Rezoning application. A fee per application, including repetitions of previous applications, as prescribed in section 1-22.

(2)

Conditional use permit application. All conditional use applications shall be filed with the clerk-treasurer along with a filing fee as prescribed in section 1-22. The filing fee shall be used to reimburse the city for publication costs and attorney's fees incurred in relation to the application and hearings thereon. The clerk-treasurer, upon receipt of an application and the fee, shall immediately refer it to the plan commission for consideration.

(3)

Variance application. All applications for special exceptions, variances and appeals shall be filed with the clerk-treasurer along with a filing fee as prescribed in section 1-22. The clerk-treasurer, upon receipt of an application or appeal and the fee shall immediately refer it to the zoning board of appeals for consideration.

(4)

Building permit application. The fees for building permits shall be established in article VI of this chapter.

(5)

Zoning and certificate of compliance permit applications. An application fee for zoning and certificate of compliance permits shall be as prescribed in section 1-22.

(Code 1999, § 13-1-226)

(a)

Violations. It shall be unlawful to use or improve any structure or land or to use water or air in violation of any of the sections of this article. If any violation occurs, the common council, the zoning administrator, the plan commission or any property owner who would be specifically damaged by such violation may cause any appropriate action or proceeding to be instituted to enjoin a violation of this article or cause a structure to be vacated or removed.

(b)

Remedial action. Whenever an order of the zoning administrator has not been complied with within 30 days after written notice has been mailed to the owner, the resident agent or occupant of the premises, the common council, the zoning administrator or the city attorney may institute appropriate legal actions or proceedings.

(c)

Penalties. Any person who fails to comply with this article or any order of the zoning administrator issued in accordance with this article or who resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in section 1-14.

(Code 1999, § 13-1-227)

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the common council may, by ordinance, change the district boundaries established by this article and the zoning map incorporated in this article and/or the supplementary floodland zoning map incorporated in this article or may amend, change or supplement the text of the regulations established by this article or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

(Code 1999, § 13-1-240)

The common council, the plan commission, the zoning board of appeals and other government bodies and any private petitioners may apply for an amendment to the text of this article, to the district boundaries established or by amendments to this article in the zoning map made a part of this article and/or the supplementary floodland zoning map to be made a part of this article by reference.

(Code 1999, § 13-1-241)

(a)

Petition. Changes or amendments to this article may be made by petition in accordance with the following:

(1)

Petitions for any change to the district boundaries and map or amendments to the text shall be addressed to the common council and shall be filed with the clerk-treasurer. The person requesting such action shall provide all information requested on the petition, including the following:

a.

Name and street address of the petitioner.

b.

The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.

c.

Legal description of the property to be altered.

d.

The existing use of all buildings on such land.

e.

The principal use of all properties within 300 feet of such land.

f.

The purpose for which such property is to be used.

g.

Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this article.

h.

Names and addresses of all abutting and opposite property owners within 300 feet of the property to be altered.

i.

Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures and property lines within 300 feet of the parcel.

j.

Any further information requested to the petition or which may be required by the plan commission to facilitate the making of a comprehensive report to the council.

(2)

Failure to supply such information shall be grounds for dismissal of the petition.

(3)

A petition for change or amendment submitted by a private property owner shall be prepared in triplicate and filed with the clerk-treasurer and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

(b)

Hearing. The common council or the clerk-treasurer shall cause the petition to be forwarded to the plan commission for its consideration and recommendation. The plan commission shall hold a public hearing on each application for an amendment at such time and place as shall be established by the plan commission. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the plan commission shall, by rule, prescribe from time to time. The plan commission shall review all proposed amendments to the text and zoning map within the corporate limits and shall recommend in writing that the petition be granted as requested, modified or denied.

(c)

Notice of hearing. Notice of the hearing shall be given as follows:

(1)

The zoning administrator shall notify by mail all adjoining property owners.

(2)

The zoning administrator, when the application is to rezone property, shall post a sign on all adjoining streets which shall state as follows:

NOTICE OF REZONING

The City of Antigo has been petitioned to rezone the property at _______, currently zoned _______ to rezone the property to _______.

Public hearings will be held:

Plan Commission:_______ Date:_______ Time:_______

Common Council:_______ Date:_______ Time:_______

Location of Hearing: _____

The sign should be posted at least ten days prior to the public hearing.

(3)

Verification of the posting and mailing list will become part of the rezoning process.

(d)

Plan commission's action. Findings of fact and the recommendation of the plan commission shall be made as follows:

(1)

Within 30 days after the close of the hearing on a proposed amendment, the plan commission shall make written findings of fact and shall submit the findings together with its recommendations to the common council. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

a.

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

b.

The zoning classification of property within the general area of the property in question.

c.

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

d.

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.

e.

A lot or parcel of land shall not qualify for a zoning amendment unless it possesses 200 feet of frontage, contains 25,000 square feet of area or adjoins a lot or parcel of land which bears the same zoning district classification as the proposed zoning amendment.

(2)

The plan 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. The plan 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. For the purpose of this subsection, the R-1 district shall be considered the highest classification and the I-2 district shall be considered the lowest classification.

(e)

Council's action. Following such hearing and after consideration of the plan commission's recommendations, the common council shall vote on the proposed ordinance effecting the proposed change or amendment. A three-fourths vote of the full common council membership is required to override the plan commission's determination.

(Code 1999, § 13-1-242)

(a)

If a protest occurs against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more, either of the areas of the land included in such proposed change or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full common council membership.

(b)

If a protest occurs against amendment to the text of this article, duly signed and acknowledged by 20 percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full common council membership to adopt such amendment.

(Code 1999, § 13-1-243)

(a)

Scope of appeals. Appeals to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the common council. The officer from whom the appeal is taken shall forthwith transmit to the board of appeals all papers constituting the record of the appeal upon which the action appealed from was taken.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the board of appeals that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause immediate 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.

(c)

Powers of zoning board of appeals. In addition to the powers enumerated elsewhere in this Code, the board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator or building inspector.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, the spirit and purposes of this article shall be observed and the public safety, welfare and justice secured.

(3)

Interpretations. 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.

(4)

Substitutions. 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.

(5)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the plan commission has made a review and recommendation.

(6)

Temporary uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the plan commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the zoning board of appeals and shall be issued for a period not to exceed 12 months. Compliance with all other sections of this article shall be required.

(7)

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

(Code 1999, § 13-1-260)

The board of appeals shall fix a reasonable time for the hearing as provided in this subdivision, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, and cause notice to be given to the appellant or applicant and the administrative officer appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing to the fee owners of record of all land within 100 feet of any part of the subject building or premises involved in the appeal.

(Code 1999, § 13-1-261)

(a)

Timeframe. The board of appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant and the zoning administrator.

(b)

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by the board of appeals.

(c)

Validity. Variances, substitutions or use permits granted by the board shall expire within 18 months unless substantial work has commenced pursuant to such grant.

(Code 1999, § 13-1-262)

(a)

Purpose. The purpose of this section is as follows:

(1)

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to this article would cause him/her undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(2)

The board of appeals may authorize upon appeal, in specific cases, such variance from the terms of this article as will not be contrary to the public interest, where owing to special conditions a literal enforcement of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than those required by law.

(3)

For the purposes of this section, the term "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or poor soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(b)

Application. The application for variance shall be filed with the clerk-treasurer. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

The names and addresses of the applicant and all abutting and opposite property owners of record.

(2)

A statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

The address and description of the property.

(4)

A site plan showing an accurate depiction of the property.

(5)

Additional information required by the plan commission, city engineer, board of zoning appeals or zoning administrator.

(c)

Public hearing on application. A public hearing on the application shall be held in accordance with the following:

(1)

Reserved.

(2)

The board of appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than seven days before the hearing in one or more of the newspapers in general circulation in the city and shall give due notice to the parties in interest, the zoning administrator and the plan commission. At the hearing the appellant or applicant may appear in person, by agent or by attorney. The board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, zoning administrator and plan commission.

(d)

Action of board of appeals. For the board of appeals to grant a variance, it must find that:

(1)

Denial of the variation may result in hardship to the property owner due to physiographical consideration. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this article should be changed.

(2)

The conditions upon which a petition for a variation is based are unique to the property for which the variation is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(3)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

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

(5)

The proposed variation will not undermine the spirit and general and specific purposes of this article.

(6)

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

(7)

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

(e)

Conditions. The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

(Code 1999, § 13-1-263; Ord. No. 1280B, § 1, 9-14-2016)

Any person aggrieved by any decision of the board of appeals may present to a 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 offices of the board of appeals.

(Code 1999, § 13-1-264)

(a)

This article establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

(b)

The purpose of this subdivision is to provide for the regulation of nonconforming buildings, structures and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.

(Code 1999, § 13-1-100)

Any nonconforming building, structure or use which existed lawfully as of December 1968 and which remains nonconforming and any such building, structure or use which shall become nonconforming upon that date or the effective date of any subsequent amendments to this article may be continued subject to this subdivision.

(Code 1999, § 13-1-101)

(a)

Continuation. Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to this section.

(b)

Repairs and alterations. Repairs and alterations are subject to the following:

(1)

Building or structure designed or intended for nonconforming use. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and the use thereof conform to the regulations of the district in which it is located. For the purpose of subsection (b) of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement and other replacements of or substitutions for machinery or equipment not involving structural alterations to the building or structure, except as provided in this subsection.

(2)

Building or structure designed or intended for permitted use. Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided such repairs, alterations or structural changes conform to the regulations of the district in which such building or structure is located.

(c)

Additions and enlargements. A nonconforming building or structure which is nonconforming as to bulk or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

(1)

The applicable regulations concerning the amount of lot area provided per dwelling unit.

(2)

The allowable floor area ratio.

(3)

The allowable gross floor area per establishment.

(d)

Relocation of building or structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved and the use thereof is made to conform to all of the regulations of the district in which it is to be located.

(e)

Restoration of damaged building or structure designed or intended for nonconforming use. Standards for the restoration of a damaged building or structure designed or intended for a nonconforming use are as follows:

(1)

A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the assessed value of the building shall not be restored unless such building or structure and the use thereof shall conform to all of the regulations of the district in which it is located.

(2)

If such damage or destruction is less than 50 percent of the assessed value of the building, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion.

(3)

If the restoration is not started within one year of such calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared.

(f)

Discontinuance of nonconforming use. If the nonconforming use of a building, structure or premises is discontinued for a continuous period of 12 months, it shall not be renewed, and any subsequent use of the building, structure or premises shall conform to the use regulations of the district to which such building, structure or premises is located.

(g)

Expansion of nonconforming use. Procedures for the expansion of a nonconforming use are as follows:

(1)

Building or structure designed or intended for nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which such use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located.

(2)

Building or structure designed or intended for permitted use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure nor changed to any other nonconforming use.

(3)

Land. The nonconforming use of land not involving a building or structure or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land shall not be expanded or extended beyond the area it occupies.

(h)

Change of nonconforming use. Procedures for the change of a nonconforming use are as follows:

(1)

Building or structure designed or intended for nonconforming use. The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the same district as the nonconforming use which presently occupies the building or structure or to a use permitted in a more restrictive district. For the purpose of this section only, the R-1 district shall be considered the most restrictive and the I-2 district the least restrictive district.

(2)

Building or structure designed or intended for permitted use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which is designed or intended for a permitted use.

(3)

Land.

a.

The nonconforming use of land not involving a building or structure or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land shall not be changed to any other use, except to a use permitted in the district in which the land is located.

b.

A building or structure may be constructed on nonconforming vacant land if the following conditions are met:

1.

Principal and accessory buildings shall maintain minimum yard dimensions and setback requirements.

2.

Site, building, and stormwater plans shall be submitted, reviewed, and approved by the city plan commission and the common council.

3.

Construction shall begin within 12 months following the approval of the site, building, and stormwater plans by the common council or the approval is void.

4.

All other zoning requirements must be met.

(Code 1999, § 13-1-102; Ord. No. 1367B, § 1, 7-10-2024)