(a)

Penalty. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this chapter shall be subject to a penalty as provided in section 1-9 of this Code.

(b)

Enforcement by injunction. Compliance with the provisions of this chapter may also be enforced by injunction at the suit of the city or one or more owners of real estate situated within an area affected by the regulations of this chapter.

(c)

Declared nuisances. Any building erected, structurally altered or placed on a lot or any use carried on in violation of the provisions of this chapter is declared to be a nuisance per se, and the city may apply to any court of competent jurisdiction to restrain or abate such nuisance.

(Code 2001, § 17.30)

(a)

Duty of building inspector and police. Except as otherwise provided in this chapter, the building inspector and housing inspector, with the aid of the police department, shall enforce the provisions of this chapter. The police department shall report to the building inspector any activities which are being carried out without the required permit.

(b)

Applications; plans and information to be submitted. All applications for a building permit shall be made to the building inspector and shall be accompanied by plans in duplicate, drawn to scale, showing the name and address of the property owner; location, actual shape and dimensions of the lot to be built upon; high water mark of any abutting watercourse; centerline of abutting streets and highways, the exact size and location on the lot of the proposed, or existing building and accessory building; the lines within which the building shall be erected, altered or moved; the existing and intended use of each building or part of a building; the number of families the building is intended to accommodate; and 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 chapter. Fees for such permits shall be established by the council. Any person who receives a building permit for a new structure on a vacant lot shall obtain from the city engineer the proper sidewalk elevation.

(c)

Certificate of occupancy. No vacant land shall be occupied or used and no building erected, altered or moved after the effective date of the ordinance from which this chapter is derived shall be occupied, until a certificate of occupancy has been issued by the building inspector and/or housing inspector. Such certificate shall show that the building or premises or part thereof and the use thereof are in conformity with the provisions of this chapter. Such certificate shall be issued only when the building or premises and the use thereof conform to all the requirements of this chapter.

(Code 2001, § 17.25)

(a)

Appointment. A board of appeals shall be appointed as specified in Wis. Stats. § 62.23(7)(e). The members shall serve without compensation and shall be removable by the council for cause upon written charges and after public hearing. The board of appeals shall make and file in the office of the clerk its own rules and procedure consistent with statute.

(b)

Meetings. Meetings of the board shall be held once a month and at such other times as the board may determine. There shall be a fixed place of meeting and all meetings shall be open to the public. The board shall adopt Robert's Rules of Order, Newly Revised, for its procedure and shall keep a record of its proceedings, showing the action of the board and the vote of each member upon each question considered. The presence of four members shall be necessary to constitute a quorum.

(c)

Appeal. Appeal from a ruling of the building inspector or housing inspector concerning the enforcement of the provisions of this chapter may be made to the board of appeals within a reasonable time as prescribed by the board of appeals. There shall be filed with the building inspector or housing inspector and with the board of appeals a notice of appeal specifying the grounds thereof. The building inspector or housing inspector shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken. The final disposition of any such appeal shall be in the form of a resolution, either reversing, modifying or affirming, in whole or in part, the decision or determination appealed from. The concurring vote of four members of such board shall be necessary to pass a resolution.

(d)

Stay. An appeal stays all proceedings in furtherance of the action appealed from unless the building inspector or housing inspector 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 in his opinion causes imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the board of appeals, on application, on notice to the building inspector from whom the appeal is taken and on due cause shown.

(e)

Jurisdiction. In specific cases, the board of appeals may, after public notice and hearings, authorize by permit a variation of the application of the use, height and area regulations established in this chapter in harmony with their general purpose and intent as follows:

(1)

A temporary building for commerce or industry, in a residence district, which is incidental to the residential development, such permit to be issued for a period of not more than one year.

(2)

The extension of a use of height and area district for a distance of not more than 25 feet where the boundary line of a district divides a lot into a single ownership on January 1, 1963.

(3)

The erection and use of a building or the use of a premises in any location by a public service corporation or for public utility purposes which the board admits is reasonably necessary for the public convenience or welfare.

(4)

By special permit, authorize the location of any of the following buildings or uses in any district from which they are excluded by this chapter, provided that such building or use shall comply with all other regulations in the district in which it is proposed to be located:

a.

Nurseries and greenhouses for the propagation and cultivation of plants.

b.

Private clubs and lodges excepting those the chief activity of which is a service customarily carried on as a business.

c.

Hospitals and clinics.

d.

Institutions of a philanthropic or eleemosynary nature.

e.

Cemeteries.

f.

Storage garage or parking area in connection with a housing project.

g.

Sewage disposal plants.

(5)

The interpretation of the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts accompanying and made part of this chapter where the street layout actually on the ground varies from the street layout as shown on the maps.

(6)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict interpretation of this section, the board of appeals may in a specific case vary or modify any of these rules, regulations or provisions relating to the construction, structural changes in, equipment or alteration of buildings or structures, in harmony with their fundamental purpose and intent so that the public health, safety and general welfare may be secured and substantial justice done. 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. The board shall have the power to call on any of the other city departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.

(7)

The regulation, operation, construction, enforcement and appeals from this section, when not otherwise provided by this chapter, shall be as provided by Wis. Stats. § 62.23(7), (8) and (9).

(Code 2001, § 17.26)

Cross reference— Boards, commissions and committees, § 2-81 et seq.

(a)

Notice and hearing required. The council may from time to time on its own motion or on petition, after first submitting the proposal to the plan commission, amend, supplement or change the district boundaries or regulations now or subsequently established upon giving a class 2 notice under Wis. Stats. ch. 985 of the proposed amendment, supplement or change and of hearing and opportunity to any person interested to be heard.

(b)

Fees. A fee as provided in section 70-46 shall be paid to the clerk upon filing of all petitions for amendment, supplement, change, modification or repeal of this chapter.

(c)

Protest. In case of protest against such change, signed and acknowledged by the owners of 20 percent or more either of the areas of land included in such proposed amendment, supplement or change, the land immediately adjacent extending 100 feet therefrom or directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment, supplement or change shall not become effective except by, favorable vote of three-fourths of the entire council.

(Code 2001, § 17.27)

(a)

Establishment. There is established an official map of the city showing the location and width of streets, highways, parkways, parks, playgrounds and parking areas as laid out, adopted and established and proposed street rights-of-way as set out on survey plats. Such official map consists of one sheet, such sheet showing the location and width of such streets, highways and parkways as adopted and established within the city.

(b)

Plat approval. No land subdivision plat shall be approved, unless such plat conforms with the official map and chapter 58 of this Code.

(c)

Permits. For the purpose of preserving the integrity of the official map, no building shall be erected or located within the bed of any street, highway, parkway, park, playground and parking area shown on the official map, unless a permit therefor shall first have been applied for and issued in accordance with Wis. Stats. § 62.23(6)(d), (e), (f) and (g). The applicant for such a permit shall submit to the building inspector with his application an accurate plot plan, certified by a qualified surveyor, showing the exact location of the proposed building with reference to any street, highway or parkway shown on the official map.

(d)

Changes. The council may, whenever and as often as it may deem for the public interest, and after a public hearing as provided in Wis. Stats. § 62.23(6)(c), change or add to the official map of the city to establish the exterior lines of planned new streets, highways, parkways, parks, playgrounds and parking areas or to widen, narrow, extend or vacate existing streets, highways or parkways. The clerk shall serve notice by mail upon the owners of all property lying in the bed of the proposed new streets, highways, parkways, parks, playgrounds and parking areas. Such notice shall be served at least ten days before the public hearing thereon and shall set forth briefly the purpose of the public hearing.

Editor's note— Amendments are as follows: Ordinance Nos. 26-73, 4-74, 23-74, 27-74, 19-75, 19-79, 38-80, 31-82, 25-87, 33-87, 4-88, 9-89, 4-92, 31-94, 3-97, 5-97, 11-97, 19-97, 9-98, 23-99, 14-2000, 8-2002, 8-2003, 9-2003, 10-2006, 40-2006, 46-2006, 22-2015.

(e)

Registration. The clerk shall file with the county register of deeds a certificate showing that the city has established an official map and shall do likewise as to any changes or additions.

(f)

Penalty. Any person who fails to comply with any provision of this section shall forfeit not less than $10.00 nor more than $200.00 and the costs of prosecution and in default of payment of forfeiture and costs shall be imprisoned in the county jail until the payment of such forfeiture and costs of prosecution, but not more than 30 days for each violation. Every day of violation shall constitute a separate offense.

(g)

Severability. The various parts of this section are declared to be severable and should any part be held to be invalid, such invalidity shall apply only to the part in question and shall not affect the remainder of the section.

(Code 2001, § 17.35)

There is established a schedule of application fees and permit charges, which is listed in article III, chapter 42 of this Code.

(Code 2001, § 17.36)

(a)

Existing nonconforming uses; continuation. Except as specified in this chapter, the lawful use of a building or premises existing January 1, 1963, or amendment of this chapter may be continued, although such use, building or structure does not conform with the provisions of this chapter for the district in which it is located.

(1)

Illegal nonconforming uses. Illegal nonconforming uses as to lot area of record for more than ten years are declared legal nonconforming uses.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Illegal nonconforming use means a use of property obtained contrary to the provisions of this Code after January 1, 1963.

Legal nonconforming use means a use of property obtained pursuant to subsection (a)(1) of this section.

Use means real estate having substantial improvements thereon.

(b)

Nonconforming uses or buildings; enlargement, substitution or other alteration. No nonconforming building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered unless the use thereof is changed to a use permitted in the district in which such building or premises is located and except as follows:

(1)

Substitution. When authorized by the board, the substitution for a nonconforming use of another not more objectionable nonconforming use.

(2)

Nonconforming use made to conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(3)

Discontinuance of a use. No building, structure or premises where a nonconforming use has ceased, for a period of 12 months or more, shall again be put to a nonconforming use.

(4)

Replacing damaged buildings. Any nonconforming building or structure damaged more than 50 percent of its then fair market value, exclusive of the foundation, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity, shall not be restored or reconstructed and used as before such happening; but if less than 50 percent is damaged above the foundation, it may be restored, reconstructed or used as before, provided that it is done within six months of such happening.

(5)

Repairs and alterations. Repairs and maintenance work required to keep it in sound condition may be made to a nonconforming building or structure, provided that the total structural repairs and alterations shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed 30 percent of its fair market value at such date, unless the building or structure is permanently changed to a conforming use.

(6)

Existing buildings. Buildings existing on December 19, 1963, shall comply with the then existing setbacks and side yard requirements of this Code and may be presently structurally altered or enlarged in accordance with such previously established standards.

(Code 2001, § 17.22)

Editor's note— The following ordinances amending this subsection are on file in the clerk's office and are adopted and by reference made a part of this chapter as if fully set forth in this subsection: Ord. No. 19-77.