(a)

The board of appeals members must be Durand citizens.

(b)

The appointment of the chairperson shall be made on an annual basis and a board member may serve in the capacity of chairperson for multiple years.

(c)

The board shall work with city staff in organizing and determining meeting times in order to ensure compliance with the state's open meeting laws.

(d)

In case of all appeals, the board shall call upon the common council for all information pertinent to the decision appealed from.

(e)

Whenever in this article the zoning board of appeals is authorized to grant a permit for a use or exception not otherwise permitted, the following procedure shall be followed:

(1)

Application shall be made in writing to the zoning commissioner who shall refer the application to the chairperson of the board. Such application shall state the name and address of the applicant, the location of the property for which the permit is sought, the section of this article which authorizes the granting of the permit and a statement of the basis upon which the applicant requests the granting of the permit. The application shall be accompanied by plans or sketches which will show the location and extent of the proposed use.

(2)

The board shall set a time for a hearing within a reasonable time after the application is filed, shall give notice of such hearing by publication in a newspaper of general circulation in the county at least once within the ten days preceding such hearing and shall give personal notice to such parties as may be substantially affected by the granting of the permit applied for. Failure to give such personal notice, however, shall not invalidate the proceedings. Such hearing shall be governed by the provisions of section 113-44. Notice of any hearing and the results of any hearing which affects the floodplain district shall be sent to the department of natural resources. The department must approve proposed changes.

(3)

No permit shall be granted hereunder unless the board is satisfied from the evidence before it that the proposed use or exception will not violate the purposes of this article or be contrary to the public interest and that the spirit of this article will be observed and substantial justice done. The board shall impose such conditions upon the granting of a permit hereunder as may be necessary to protect the public interest and the integrity of the zoning regulations and classifications

(Code 2006, § 8.3.11(A), (C), (D), (H)(4), (I)(1)—(I)(3); Ord. No. 479, § I, 7-12-2006)

State Law reference— Board of appeals, Wis. Stats. § 62.23(7)(e).

(a)

The common council may from time to time amend, supplement, or change, by ordinance, the boundaries of districts established on the zoning map or the regulations set forth in this article. Any proposed amendment or supplement or change shall upon its introduction be referred to the city plan commission for its recommendation and report. Such recommendation and report shall be filed with the city administrator-clerk-treasurer in advance of the public hearing on such amendment or change provided for in subsection (b) of this section.

(b)

A public hearing shall be held by the common council before the adoption of the proposed amendment, supplement or change.

(c)

Any person other than the common council and councilmember or the plan commission, desiring a change in zoning shall initiate the necessary proceedings by filing a petition with the city administrator-clerk-treasurer and paying a fee as established by the city to cover costs of publishing notices. The petition shall give the legal description of the property on which the change of zoning is desired, shall indicate the zoning classification the petitioner seeks, and shall include the names and addresses of the owners of all properties lying within the block where the proposed change is to be made and within 200 feet of any part of the property to be changed.

(d)

In case of a protest against such change duly signed and acknowledged by the owners of 20 percent or more of the area of the land included in such proposed change, or by the owners of 20 percent or more of the area 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 amendment shall not become effective except by a favorable vote of three-fourths of the members of the council.

(Code 2006, § 8.3.12(A), (B), (D), (F))

State Law reference— Amendments, Wis. Stats. § 62.23(7)(d).

(a)

Application for a zoning permit shall be made in duplicate to the zoning inspector on forms furnished by the zoning inspector and shall include the following where applicable:

(1)

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

(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 or site; number of employees; and the zoning district within the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, 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. 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.

(4)

Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall be approved by an appropriate professional licensed authority who shall certify in writing that satisfactory, adequate, and safe sewage disposal is possible on the site as proposed by the plan in accordance with applicable local, county, and state board of health regulations.

(5)

Proposed water supply plan if municipal water service is not available. This plan shall be approved by an appropriate professionally licensed authority who shall certify in writing that an adequate and safe supply of water will be provided.

(6)

Additional information as may be required by the appropriate body of the community.

(b)

A zoning permit shall be granted or denied in writing by the zoning inspector within seven days. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this article shall be null and void.

(Code 2006, § 8.3.2(C))

(a)

Existing nonconforming uses. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although the use does not conform with the provisions of this article, however:

(1)

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the community's assessed value of the structure unless it is permanently changed to conform to the use provisions of this article.

(3)

Substitution of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(b)

Manufactured home community. Notwithstanding subsection (a) of this section, a manufactured home community licensed under Wis. Stats. § 101.935 that is a legal nonconforming use continues to be a legal nonconforming use notwithstanding the occurrence of any of the following activities within the community:

(1)

Repair or replacement of homes.

(2)

Repair or replacement of infrastructure.

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

(c)

Development regulations. In this subsection the term "development regulations" means the part of this article that applies to elements including setback, height, lot coverage, and side yard. Notwithstanding any other provisions in this article, a dwelling or other building that existed lawfully before the ordinance from which this article was derived was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance may be repaired, maintained, renovated, or remodeled, regardless of the cost.

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

(d)

Restoration of existing structure. Notwithstanding any other provisions:

(1)

Damaged or destroyed nonconforming structures may be restored if the structure will be restored to the size, location, and use that it had immediately before the damage or destruction occurred and there shall be no limits on the costs of the repair, reconstruction, or improvement of same if all of the following apply:

a.

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

b.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

(2)

The size of such a structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

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

(e)

Abolishment or replacement . If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this article. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity, to the extent of more than 50 percent of its current assessed value, it shall not be restored except to as to comply with the use provisions of this article. A current file of all nonconforming uses shall be maintained by the zoning inspector listing the following: owner's name and address; use of the structure, land or water; and assessed value at the time of it's becoming a nonconforming use.

(f)

Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this article; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article.

(g)

Changes and substitutions . Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of appeals.

(h)

Substandard lots. In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the county register of deeds office before the effective date or amendment of the ordinance from which this article is derived. Such lot or parcel shall be in separate ownership from the abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this article. If in separate ownership, all the district requirements shall be complied with insofar as practical but shall not be less than the following:

(1)

Lot width: minimum 30 feet.

(2)

Area: minimum 4,000 square feet.

(3)

Building area: minimum 1,000 square feet.

(4)

Height: maximum 30 feet.

(5)

Yards:

a.

Street: minimum 25 feet; the second street yard on corner lots shall be not less than ten feet.

b.

Rear: minimum 25 feet.

c.

Side: minimum 16 percent of the frontage, but not less than five feet.

(Code 2006, § 8.3.8)