The plan commission shall have the duties of making reports and recommendations relating to the plan and development of the city to public officials, agencies, public utility companies, civic, educational, professional, and other organizations, and citizens. The plan commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the plan commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning.

The city building inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the zoning administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The zoning administrator shall further:

(a)

Maintain records of all permits issued, inspections made, work approved, and other official actions.

(b)

Record the lowest floor elevations of all structures erected, moved, altered, or improved in the floodland districts.

(c)

Establish that all necessary permits that are required for floodland uses by state and federal law have been secured.

(d)

Inspect all structures, lands, and waters as often as necessary to assure compliance with this ordinance.

(e)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters; give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises; and report uncorrected violations to the city attorney in a manner specified by him.

(f)

Assist the city attorney in the prosecution of chapter violations.

(g)

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, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.122.

(h)

Prohibit the use or erection of any structure, land, or water until he has inspected and approved such use or erection.

(i)

Request assistance and cooperation from the city police department and city attorney as deemed necessary.

(j)

Make available to the public, to the fullest extent possible, all reports and documents concerning the city'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 plan commission may set fees necessary to recover the cost of providing information to the public. Where useful, the zoning administrator, or his agent, may set marks on bridges or buildings or other markers which show the depth of the 100 year recurrence interval flood or may set marks delineating the boundaries of wetlands.

For site plan review, see article F of this chapter.

For architectural review, see article F of this chapter.

See title 15, chapter 5.

(a)

Occupancy permit requirement. An occupancy permit shall be issued by the zoning administrator before any vacant land is occupied, and before any new or existing building is occupied as defined below:

(1)

For all types of residential buildings (single and two-family, and multi-family), an occupancy permit shall be issued for the first occupants of the building after its initial construction. Subsequent residential tenants need not obtain occupancy permit unless their occupancy is preceded by construction, remodeling or structural alterations requiring the issuance of a building permit.

(2)

For all types of commercial, retail, office, industrial and institutional buildings and uses, an occupancy permit shall be issued for the first occupants of the building after its initial construction. All subsequent owners, users, or tenants shall also obtain an occupancy permit prior to their occupancy.

(3)

For temporary uses as defined in section 13-1-22(f), a temporary occupancy permit shall be required and may be issued by the zoning administrator without plan commission approval.

(4)

For the commercial outdoor vending and sales of merchandise conducted on private property, a temporary occupancy permit shall be required from the zoning administrator. Excluded from this requirement are rummage sales, craft sales, and yard sales held on private property used for solely residential purposes. Rummage, garage, craft or occasional sales are limited to a total of four such sales in a calendar year, each not to exceed four consecutive days per private residential unit.

(b)

Application. Applications for an occupancy permit shall be made on forms furnished by the zoning administrator and shall include such of the following as required by the zoning administrator for the issuance of a permanent or temporary occupancy permit:

(1)

The name, address, and telephone number of the applicant or agent to be contacted with regard to the application.

(2)

Description of the property by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; a narrative description of the existing and proposed operation or use of the structure or site; number of employees; the zoning district within which the subject site lies and any other information pertinent to an adequate understanding of the intended use by the zoning administrator.

(3)

An accurate drawing and/or plat of survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing the location, boundaries, dimensions, elevations, uses and sizes of the following: subject site, existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; existing and proposed street, side, and rear yards; a detailed plan of proposed surface drainage, topographic data or pertinent grade elevations where necessary for proper interpretation of the plans; and a small locational diagram showing the property in relation to the surrounding area, and U.S. Public Land Survey Section number; additional data as required by the zoning administrator. In addition, the drawing and/or plat or survey shall show the location, elevations, and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

The city clerk shall transmit the application and related data to the zoning administrator and other appropriate city departments for their study and/or comment.

(c)

Issuance of zoning permit. If the use described in the application for an occupancy permit complies with the requirements of the chapter, the zoning administrator shall issue an occupancy permit within 30 days after submittal of the application accompanied by all applicable fees and all related data required by the zoning administrator and after compliance with all contingencies required for issuance of the permit.

(d)

Enforcement. Failure to comply with this section relating to occupancy permits may be enforced pursuant to this article or any other provision of law including, but not limited to, revocation of the permit, injunction, civil suite. The building inspector shall have authority to require any party occupying or using property in violation of this code to cease such use and/or vacate the subject property, as is necessary to eliminate the violation. Each day of noncompliance of this section shall constitute a separate violation. Appeals of decisions under this section shall be to the board of appeals pursuant to section 13-1-203 of the Municipal Code.

(Ord. No. 90-42; Ord. No. 2005-32)

(a)

Permit. The plan commission may authorize the zoning administrator/city planner to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.

(b)

Existing conditional use permits. Existing conditional use permits may be reassigned to a new permittee and/or property owner by action of the plan commission, provided all terms and conditions of the original conditional use permit and all subsequent amendments remain unchanged. In the event the new permittee or property owner proposes any changes to the existing terms and conditions, the request shall be processed as for a new conditional use permit. In the case of both reassignment and new conditional use permits, a public hearing shall be conducted, as set forth in subsection (f) below, by the plan commission.

When an existing conditional use permittee requests an amendment to their existing permit, the amendment request shall be processed as for a new conditional use permit. A public hearing shall be conducted, as set forth in subsection (f) below, by the plan commission.

(c)

Existing uses. All uses existing at the effective date of this chapter which would be classified as a conditional use in the particular district concerned if they were to be established after the effective date of this chapter are hereby declared to be conforming, albeit undocumented conditional uses. Any proposed change in the existing use, site or structure(s) shall be subject to the conditional use procedures as if such use were being established anew.

(d)

Application for conditional use permit. Except as provided herein, application for conditional use permit shall be made to the city planner using the land development application form and shall include at least the following information where pertinent and necessary for proper review by the plan commission:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor, when engaged.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale and approved by the zoning administrator/city planner, showing the location, property boundaries, dimensions, uses, and size of the following: Subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; existing and proposed street, side, and rear yards; a detailed plan of proposed surface drainage, topographic data or pertinent grade elevations where necessary for proper interpretation of the plans, and a small locational diagram showing the property in relation to the surrounding area, and U.S. Public Land Survey Section number; and areas subject to inundation by floodwaters.

(4)

In areas subject to inundation by floodwaters, the plat of survey shall also include first floor elevations, utility elevations, historic and probable future floodwater elevations, depth of inundation, floodproofing measures, and plans for proposed structures, giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure or its effects on flood flows. Where floodproofing is required, the applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequate to withstand the flood forces and velocities associated with the 100 year recurrence interval flood. Prior to the issuance of an occupancy permit, the applicant shall also submit a certification by the registered professional engineer that the finished floodproofing measures were accomplished in compliance with the provisions of this chapter.

(5)

In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site; soil mapping unit lines, types, and slopes, ground surface elevations; mean and historic highwater lines, on or within 40 feet of the subject premises, and existing and proposed landscaping when so required by the city plan commission.

(6)

Additional information, as may be required by the common council, plan commission, city engineer, building inspector, or the zoning administrator/city planner.

(7)

Multiple copies of the above materials may be required at the time of submittal (refer to the application form for instructions in this regard). An electronic copy of the full submittal in pdf format is also required, either by electronic transmittal or by portable data drive delivery.

(e)

Review and approval. The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter. The foregoing is not an exclusive list of the types of conditions which may be imposed. Conditional uses shall comply with all other provisions of this chapter unless variances are granted by the zoning board of appeals. On city-owned property, the plan commission shall make a recommendation to the common council concerning applications for conditional use permits, and the common council shall have final approval regarding those conditional use permit applications. (Ord. 2001-07)

(f)

Hearings. The plan commission shall fix a reasonable time and place for the hearing, publish a Class Two notice thereof, and shall give due notice to the parties in interest and zoning administrator/city planner, and as specified in section 13-1-228. At the hearing the applicant may appear in person, by agent, or by attorney.

(g)

Notice to DNR. The city plan commission shall transmit a copy of each application for a conditional floodland use to the Wisconsin Department of Natural Resources (DNR) for review and comment. Action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all floodland conditional use permits shall be transmitted to the DNR within ten days of the effective date of such permit.

(h)

Recordation of conditional use permits. The city clerk shall cause the recording of all conditional use permits with the Ozaukee County Register of Deeds.

(i)

Termination.

(1)

Where the planning commission has approved or conditionally approved a conditional use permit, such approval shall become null and void within 12 months of the date of the plan commission action unless the use is commenced, construction is underway or the permittee possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently pursued.

(2)

Where a permitted conditional use is discontinued for a period of 12 consecutive or 36 cumulative months, the conditional use permit shall automatically expire and any future use of the site or buildings shall conform to the regulations of the district in which it is located.

(3)

Where an approved conditional use does not continue in conformity with the conditions of the original approval, or where there is a change in the nature and/or character of the permitted conditional use, the plan commission may require termination or modification of such use.

(Ord. No. 2024-13, § I, 9-30-2024

(a)

Permit Requirement. Before work is commenced on the construction or erection of a private residential swimming pool or on any alterations, additions, remodeling, or other improvements (not including repairs), a swimming pool permit to construct, erect, alter, remodel, or add a swimming pool must be obtained from the building inspector of the City of Cedarburg. Plans, specifications, and pertinent explanatory data shall be submitted to the city at the time of application for the permit. No work or any part of the work shall be commenced until a permit for such work is obtained by the applicant.

(b)

Fee. Please refer to section 15-1-101 for the fee for a private swimming pool permit.

(c)

Occupancy. No private residential swimming pool for which a swimming pool permit is issued for the construction, alteration, remodeling, or other improvements shall be used by the owner, operator, or lessee until the building inspector has inspected the pool and has ascertained that said private residential swimming pool conforms to the requirements of this ordinance and has issued a swimming pool permit for the same. Such swimming pool permit shall be issued without further fee and shall be prominently displayed at or near the swimming pool at all times as such pool is being used.

It is the responsibility of the permit applicant to secure all other necessary permits required by any federal, state, or local agency. This includes, but is not limited to, a water use permit pursuant to Wis. Stats. chs. 30 or 31 or a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act.

(a)

Publication. Published notice of any public hearing required to be held shall be given pursuant to the requirements set forth in Wis. Stats. § 62.23(7)(e)(d), or any succeeding legislation.

(b)

Posting. When the hearing involves a proposed change in the zoning of any property or the granting of a conditional use, one of the uses shall be posted in the vicinity of such proposed change or conditional use, where practical.

(c)

Notice to interested persons. The city clerk shall mail notice of the public hearing to the owners of all lands within 300 feet of any part of the land included in such proposed change or conditional use at least ten days before such public hearing. The city clerk shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed action. The failure of such notice to reach any property owners provided such failure be not intentional, shall not invalidate any amending ordinance or grant of conditional use. Such mailed notice shall not be required where the change is of such a comprehensive nature that such notice would involve unreasonable administrative effort and expense and is not necessary for reasonable notification of affected property owners except that municipalities within 1,000 feet of the land affected shall be notified as set forth herein.

(d)

Content of notice. Such notice shall state the time and place of the public hearing, the purpose for which 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 clerk's office at city hall.

(a)

All persons, firms, or corporations performing work which, by this chapter, requires the issuance of a permit shall pay a fee for such permit to the city treasurer to help defray the cost of administration, investigation, advertising, and processing of permits and variances. The permits for which a fee is required are the zoning permit, conditional use permit, site plan review, architectural plan review, parking lot permit, swimming pool permit, and planned unit development review. A fee shall also be required for a zoning text or map amendment and a zoning appeal or variance.

(b)

The fee for permits shall be as follows:

(c)

Permit fees do not include and are in addition to permit fees established by the City Building, Plumbing, and Electric Codes.

(Ord. No 92-54; Ord. No. 93-43; Ord. No. 98-39; Ord. No. 98-43; Ord. No. 2008-29)

A double fee may be charged by the zoning administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

(a)

Violations generally. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the common council, the zoning administrator, the plan commission or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter or cause a structure to be vacated or removed. Each day shall constitute a separate violation.

(b)

Every structure, fill, or development placed or maintained within any floodland area in violation of this chapter is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the state, the county, the city or any citizen hereof.

(c)

Notice of violation. The building inspector shall serve notice by regular mail to the property owner of alleged violations of this chapter. If the alleged violation has not been corrected within 30 days, the building inspector shall serve a second notice of violation on the owner by registered mail. If the alleged violation has not been corrected within 30 days following the second notice, the building inspector shall issue an ordinance violation citation or refer the matter to the city attorney for prosecution.

(d)

Nuisance. Any building erected, structurally altered or placed on a lot or any use carried on in violation of this ordinance is hereby declared to be a nuisance.

Whenever an order of the zoning administrator has not been complied within 30 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the common council, the zoning administrator, or the city attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.

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 forfeiture of not less than $10.00 nor more than $200.00 for each offense, together with the costs of said action. In default of payment thereof, such person shall be imprisoned in the county jail for a period not to exceed six months or until such forfeiture and costs have been paid. Each day that a violation continues to exist shall constitute a separate offense.

(a)

Definitions. For purposes of this section, the following terms shall be defined as follows:

(1)

Commercial facility means a commercial facility defined in 42 U.S.C. § 12181(2).

(2)

Covered multifamily housing means any of the following:

a.

Housing that is first ready for occupancy on or after October 1, 1993, consisting of three or more dwelling units; or

b.

Housing consisting of three or more dwelling units if the housing is to be remodeled, as that term is defined in Wis. Stats. § 101.132(1)(h); or

c.

Housing that is first ready for occupancy on or after March 13, 1991, consisting of four or more dwelling units.

(3)

Dwelling means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(4)

Public place of accommodation or amusement shall be interpreted broadly to include, but not be limited to, places of business or recreation; lodging establishments; restaurants; taverns; barber or cosmetologist, aesthetician, electrologist or manicuring establishments; nursing homes; clinics; hospitals; cemeteries; and any place where accommodations, amusement, goods or services are available either free or for a consideration, subject to subd. (e).

(5)

Public place of accommodation or amusement does not include a place where a bona fide private, nonprofit organization or institution provides accommodations, amusement, goods or services during an event in which the organization or institution provides the accommodations, amusement, goods or services to the following individuals only:

a.

Members of the organization or institution.

b.

Guests named by members of the organization or institution.

c.

Guests named by the organization or institution.

(6)

Qualified historic property means a building or facility which is eligible for listing in the National Register of Historic Places under the NHPA or those buildings or facilities designated as historic, as landmarks, or as part of a historic district, under state or local ordinance.

(b)

The zoning administrator shall have the following powers and duties:

(1)

The zoning administrator may advise applicants as to the provisions of this ordinance, the Wisconsin Open Housing Law, the Federal Fair Housing Act, and the Americans with Disabilities Act, and assist them in preparing permit applications and appeal forms.

(2)

The zoning administrator may issue permits and certificates of compliance and inspect properties or compliance with this ordinance, the Wisconsin Open Housing Law, the Federal Fair Housing Act, and the Americans with Disabilities Act.

(3)

The zoning administrator may determine whether or not specific ordinance requirements shall be waived and a permit should be issued in situations where the applicant alleges that a dwelling is to be occupied by a handicapped or disabled person and "reasonable accommodations" under the Federal Fair Housing Act, 42 U.S.C. §§ 3601-3631 or the Wisconsin Open Housing Law, Wis. Stats. § 106.04, are necessary to afford the handicapped or disabled person equal opportunity to use and enjoy the premises, or where the owner of a public place of accommodation or amusement, commercial facility, or covered multifamily housing alleges that certain zoning restrictions must be waived in order to make the public place of accommodation or amusement, commercial facility, or covered multifamily housing accessible to the disabled as required by the Americans With Disabilities Act, 42 U.S.C. §§ 12131-12213, the Wisconsin Open Housing Law, or the Federal Fair Housing Act. In all such cases, the applicant shall provide the following information to the zoning administrator:

a.

The nature of the handicap or disability;

b.

An explanation of the need for a waiver of specified zoning restrictions; and

c.

A discussion of alternative solutions that have been considered, if any.

(4)

the zoning administrator may issue a building permit that waives specified zoning ordinance requirements if the zoning administrator determines that all of the following conditions have been met:

a.

The accommodations (i.e. the waiver of zoning restrictions) that have been requested, or another less extensive accommodation, is necessary to afford a handicapped or disabled person equal opportunity to use and enjoy a dwelling and is the minimum accommodation that will afford the handicapped or disabled person full enjoyment of the premises as required by the Fair Housing Act or the Wisconsin Open Housing Law; and

b.

The accommodation is reasonable, will not impose undue financial and administrative burdens, and will not fundamentally alter the zoning code or unreasonably undermine the basic purposes that the zoning ordinance seeks to achieve; and

c.

The accommodation will not threaten or destroy the historic significance of a qualified historic property.

(5)

The zoning administrator may issue a building permit that waives specified zoning ordinance requirements if the zoning administrator determines that the waiver of the zoning ordinance is the minimum necessary for covered multifamily housing to comply with the handicapped accessible construction and design specifications required by the Wisconsin Open Housing Law or the Federal Fair Housing Act, and will not threaten or destroy the historic significance of a Qualified Historic Property. With respect to a qualified historic property, which becomes subject to the Wisconsin Open Housing Law's handicapped accessible construction and design specifications due to remodeling, the zoning administrator may require the use of the alternative minimum accessibility requirements provided for under the State Historic Building Code, Wis. Stats. § 101.121, and regulations thereunder.

(6)

The zoning administrator may issue a building permit that waives specified zoning ordinance requirements if the zoning administrator determines that the waiver of the zoning ordinance is the minimum necessary for a public place of accommodation or amusement or a commercial facility to comply with the handicapped accessible requirements of the Americans With Disabilities Act or the Wisconsin Open Housing Law, and will not threaten or destroy the historic significance of a qualified historic property.

(7)

The zoning administrator shall not issue a building permit that waives zoning ordinance requirements if the waiver of the zoning ordinance will threaten or destroy the historic significance of a qualified historic property. In such cases, the zoning administrator shall work with the property owner, the landmarks commission, and the plan commission to determine alternative accommodations which will provide handicapped accessibility to the maximum extent possible without threatening or destroying the historic significance of a qualified historic property.

(8)

The zoning administrator shall not issue a building permit or waive zoning ordinance requirements for a qualified historic property until the landmarks commission and the plan commission have, in accordance with sections 13-1-70, 15-1-14, or 15-1-15 of the city's land use codes, reviewed the application or petition and have recommended approval or approval with conditions.

(9)

Where needed to protect the historic significance of a qualified historic property, the zoning administrator may attach to the building permit the condition that the building addition or other structure (such as entrance ramps) that is authorized by the permit must be constructed in such a way that it can easily be removed when the handicapped or disabled person no longer occupies the qualified historic property or when the qualified historic property is no longer used as a public place of accommodation or amusement or a commercial facility. If such a condition is attached to the permit, the property owner is required by this ordinance to notify the zoning administrator no later than 30 days after the handicapped or disabled person vacates the qualified historic property or after the qualified historic property ceases to be used as a place of public accommodation or amusement or a commercial facility. In cases where the zoning administrator issues such a conditional permit, the permit shall not become effective until the owner of the property signs an affidavit giving notice of the conditional nature of the permit, and records the affidavit at the Ozaukee County Register of Deeds Office.

(10)

If the zoning administrator issues a building permit to a dwelling to be occupied by a handicapped or disabled person, or the owner of a public place of accommodation or amusement or commercial facility or covered multifamily housing, that waives certain specified zoning requirements, the permit shall state that issuance of the permit is required by the Federal Fair Housing Act, the Wisconsin Open Housing Law, or the Americans with Disabilities Act.

(Ord. No. 99-28)