In accordance with state law, the city council may, from time to time, adopt amendments. All proposed amendments shall be referred to the plan commission prior to adoption.

(Code 2001, § 16.18(1))

The procedure for changing zoning district boundaries (rezoning) shall be as follows:

(1)

The plan commission, city council or property owner may initiate a rezoning. Persons wishing to initiate a rezoning of property shall make application on forms provided by the city clerk. The form shall be accompanied by a fee established by resolution which is to be used for the costs of processing the application. The application shall be filed with the city clerk.

(2)

Property owners or occupants within 200 feet of the property in question shall be notified in writing, although failure by any property owner to receive such notification shall not invalidate the proceedings.

(3)

The plan commission shall make its report to the city council on or before the next regular meeting of the city council.

(4)

A public hearing on the rezoning application shall be held by the city council. Notice of the hearing shall be made by publication as a Class 2 notice under Wis. Stats. ch. 985.

(5)

The city council must take action on the application within 60 days following referral by the plan commission. The person making the application shall be notified of the city council's action.

(Code 2001, § 16.18(2))

The procedure for issuance of conditional use permits is as follows:

(1)

The person applying for a conditional use permit shall fill out a form provided by the city clerk together with a fee as established by resolution.

(2)

Conditional use permit applications require site plan review according to article V of this chapter.

(3)

The clerk shall refer the application to the plan commission. Property owners within 200 feet of the property in question shall be notified in writing, although failure of any property owner to receive such notification shall not invalidate the proceedings.

(4)

The plan commission shall consider the petition at its next regular meeting, but not earlier than seven days from the date of submission to the plan commission.

(5)

The petitioner or his representative shall appear before the plan commission in order to answer questions concerning the proposed conditional use.

(6)

The report of the plan commission shall be placed on the agenda of the city council at its next regular meeting following referral from the plan commission, but no more than 90 days after the application has been submitted by the applicant.

(7)

The city council must take action on the application within 60 days after receiving the report of the plan commission. If it grants the conditional use permit, the city council may impose conditions it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate.

(Code 2001, § 16.18(3))

This chapter shall be administered by the building inspector and enforced by the public works director who may institute in the name of the city any appropriate actions or proceedings against a violator as provided by law. Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the provisions of this chapter shall be subject to a penalty as provided in section 1-12.

(Code 2001, § 16.18(4))

The public works director or designee shall enforce this chapter and in addition thereto, and in furtherance of the authority, he shall:

(1)

Determine that all building permits comply with the terms of this chapter.

(2)

Conduct inspections of buildings and use of land to determine compliance with terms of this chapter.

(3)

Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, and conditional uses, variances, appeals and applications therefor.

(4)

Receive, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies.

(5)

Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law.

(Code 2001, § 16.18(5))

(a)

The board of appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official.

(2)

To hear and decide special exceptions to the terms of this chapter upon which the board of appeals is required to pass.

(3)

To authorize upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.

(4)

To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter, for such public utility purposes which are reasonably necessary for public convenience and welfare.

(5)

May reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the administrative official. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variation in the requirements of this chapter.

(b)

In addition to the powers mentioned previously, the board of appeals shall have the following specific powers:

(1)

Grant a permit for 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)

Grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of the ordinance from which this chapter is derived.

(3)

By special permit, after due notice and public hearing, 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 relocated:

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 an educational, philanthropic or eleemosynary nature.

e.

Cemeteries.

f.

Community building or recreation field.

(4)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the district map accompanying and made a part of this article, where the street layout actually on the ground varies from the street layout on the map.

(5)

After public hearing, grant a permit for the construction or erection of a building or structure located within two miles of the boundary line of any airport to a height greater than that permitted by this chapter, provided that the board of appeals shall first have determined that the height, use and location of such building or structure will not constitute a hazard to the normal, safe operation of aircraft.

(6)

Have the power to call on any other city department 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.

(c)

Appeals to the board of appeals may be taken by any person, persons, bodies politic or corporate or the officers thereof aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officers. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of appeals, by filing with the officers from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officers from whom the appeal is taken shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken. The board of appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time.

(d)

In passing upon appeals covering the foregoing uses, the board may establish adequate safeguards and conditions in harmony with the terms of this chapter, particularly as they apply to structures of a height and bulk greater than the normal standards of the district in which the proposed use may be located.

(Code 2001, § 16.18(6))

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(e).

No person shall erect, alter, wreck or move any building, sign or part thereof without first securing a building permit therefor. No structure requiring a building permit shall be occupied prior to final inspection/approval by the building inspector.

(Code 2001, § 16.18(7))

(a)

Application. No structure hereafter erected or moved, or that portion of an existing structure erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building inspector stating that the structure complies with all of the provisions within this chapter. No parcel of land unoccupied by a building or structure shall be utilized for a use until a certificate of occupancy has been issued by the building inspector stating that the proposed use of land complies with all the provisions within this chapter. No parcel of land unoccupied by a building or structure shall be utilized for a use until a certificate of occupancy has been issued by the building inspector stating that the proposed use of land complies with all the provisions within this article.

(b)

Request for certificate. The certificate shall be issued after the building inspector has found the building or structure satisfactory.

(c)

Non-conforming use. A certificate of occupancy shall be issued and a record maintained of each existing non-conforming use upon the effective date of this chapter. The certificate shall indicate the type of use, square footage in use, number of employees and other such information as considered necessary to establish the size and scale of the non-conforming use.

(Code 2001, § 16.18(8))