This article contemplates an administrative and enforcement officer entitled the Zoning Administrator to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this zoning chapter require review and recommendation by the Plan Commission. A Zoning Board of Appeals is provided to ensure proper administration of the chapter and to avoid arbitrariness.

(Code 2005, § 13-1-170)

(a)

Appointment. The Common Council shall designate the Building Inspector to serve as the Zoning Administrator and as the administrative 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.

(b)

Duties. In enforcing and administering this chapter, the Administrator shall perform the following duties:

(1)

Issue the necessary building permits and occupancy and zoning use permits required by the provisions of this chapter, provided its provisions have been complied with.

(2)

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

(3)

In case of any finding of a violation of a provision of this chapter, notify, in writing, the actual violator where known, the owner of the property on which the violation has taken place and the City 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 chapter which are filed in the zoning office.

(5)

Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of the recommendations to the Plan Commission for investigation and appropriate action.

(6)

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this chapter.

(c)

Authority. In the enforcement of this chapter, the Administrator shall have the power and authority for the following:

(1)

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

(2)

Upon reasonable cause or question as to proper compliance, to 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 the provisions of this chapter, such revocation to be in effect until reinstated by the Administrator or the Board of Appeals, or take any other action as directed by the Common Council to insure compliance with or to prevent violation of its provisions.

(3)

In the name of the City and with authorization of the Common Council commence any legal proceedings necessary to enforce the provisions of this chapter or the Building Code, including the collection of forfeitures provided for herein.

(Code 2005, § 13-1-171)

(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 advisory to the Common Council, pursuant to guidelines set forth in this chapter as to various matters and, always, being mindful of the intent and purposes of this chapter, except that it shall decide applications for conditional use permits. 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 occasion of 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 the City zoning ordinance, 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 said Council, has ultimate authority to grant planned unit development applications, make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map and to amend the text of this chapter. The Common Council may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter.

(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 chapter. See Article XIV of this chapter for detail provisions.

(Code 2005, § 13-1-172)

(a)

No vacant land shall be occupied or used, and no building shall be hereafter erected, structurally altered, relocated, used or occupied until a zoning and occupancy permit has been issued certifying that any such building, use or occupancy complies with the provisions of this chapter. A like permit shall be obtained before any change is made in the type of use before any legal nonconforming use is resumed, changes, extended or granted conditional use status.

(b)

Application for such permit shall be made to the Administrator prior to or at the same time as the application for a building permit or prior to the commencement of any use not involving a building permit.

(1)

Such application shall state that the building or proposed use of a building or land complies with all the building and health laws and with the provisions of this chapter, a statement by the applicant as to the intended use of the premises and buildings thereon.

(2)

Within ten days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the Administrator shall make an inspection of the premises and any building thereof and of the building and the intended use thereof, and if the proposed use of the premises complies with the requirements of this chapter, a zoning and occupancy permit shall be issued.

(3)

For the purpose of defraying the cost of inspection and administrative processing, such application shall be accompanied by the appropriate fee.

(c)

If, within 12 months of the date of application, no zoning and occupancy permit has been issued, any building permit related thereto shall lapse and the Administrator shall make immediate investigation to ascertain that no use or occupancy has, in fact, commenced without proper authority. Upon showing valid cause, the Administrator may grant an extension of such permit for a period not to exceed six months.

(d)

Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.

(Code 2005, § 13-1-173)

(a)

Required. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in Residential Districts, shall require site plan approval by the Zoning Administrator or, if he rejects or requests, further study by Plan Commission in accordance with the requirements of 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 Zoning Administrator or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto.

(c)

Administration. The Zoning Administrator shall make a preliminary review of the application and plans and approve or refer them, along with a report of his 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 chapter. Within 30, 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 Zoning Administrator or 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, and the applicant shall so design the construction or use as 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 Zoning Administrator or 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 so 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 Zoning Administrator or Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Director of Public Works or other City officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Zoning Administrator or 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 2005, § 13-1-174)

The following fees shall be applicable for this chapter:

(1)

Rezoning application or petition for amendments. A fee in an amount as established from time to time by the Common Council and maintained in the fee schedule available in the office of the City Clerk-Treasurer per application, including repetitions of previous applications.

(2)

Conditional use permit application. All conditional use applications shall be filed with the City Clerk-Treasurer along with a filing fee in an amount as established from time to time by the Common Council and maintained in the fee schedule available in the office of the City Clerk-Treasurer. The City Clerk-Treasurer, upon receipt of an application and the fee provided herein, shall immediately refer it to the Plan Commission for consideration.

(3)

Variance application. All applications for special exceptions and variances and appeals shall be filed with the City Clerk-Treasurer along with a filing fee in an amount as established from time to time by the Common Council and maintained in the fee schedule available in the office of the City Clerk-Treasurer. The City Clerk-Treasurer, upon receipt of an application or appeal and the fee provided herein, shall immediately refer it to the Board of Appeals for consideration.

(4)

Building permit application. The fees for building permits shall be in an amount as established from time to time by the Common Council and maintained in the fee schedule available in the office of the City Clerk-Treasurer.

(5)

Zoning and occupancy permit application. A fee in an amount as established from time to time by the Common Council and maintained in the fee schedule available in the office of the City Clerk-Treasurer.

(Code 2005, § 13-1-175)

(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 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 cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter 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 or otherwise served upon 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.

(Code 2005, § 13-1-176)