The City Building Inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter or as otherwise designated by the City Administrator.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The Zoning Administrator shall have the following duties and powers:

(1)

Assist the City Clerk to maintain records of all permits issued, inspections made, work approved and other official actions.

(2)

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

(3)

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.

(4)

Assist the City Attorney in the prosecution of chapter violations.

(5)

Issue zoning permits upon application for the erection or use of a structure, land or water where such erection or use complies with all provisions of this chapter.

(6)

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 Section 66.122, Wis. Stats., except in cases of emergency.

(7)

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

(8)

Recommend to the Common Council and Plan Commission any additional use regulations as he shall deem necessary.

(9)

Request assistance and cooperation from the City Police Department and City Attorney.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Applications for a zoning permit shall be made to the Zoning Administrator (see Section 17.14-1) on forms furnished by the City Clerk and shall include the following where pertinent and necessary for proper review (applications deemed incomplete shall not be accepted by the City):

(a)

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

(b)

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

(c)

Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and approved by the City Zoning Administrator showing the location, 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; and existing and proposed street, side and rear yards;

(d)

Additional information as may be required by the City Plan Commission or City Zoning Administrator;

(e)

Fee receipt from the City Treasurer in an amount specified in Section 17.14-6 of this chapter.

(2)

A zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application and the applicant shall post such permit in a conspicuous place at the site. The permit shall expire within 6 months unless substantial work has commenced, or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, and the applicant shall reapply for a zoning permit before commencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(3)

Post Foundation Survey. Within 10 working days from the date a foundation is installed, backfilled and rough graded, and prior to any additional work being performed, a post foundation survey shall be submitted to the Zoning Administrator. The Zoning Administrator shall not authorize any additional construction work to be performed until and unless a survey is submitted which shows:

(a)

Location of foundation with respect to the property lines.

(b)

Height of foundation in accordance with master grading plan.

If the post foundation survey reveals any deviation from the master grading plan, or other plans upon which permits were approved and issued, it shall be reinstalled accordingly, or approved by the City Engineer.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Certificate of Occupancy Required.

(a)

For all current or future uses of land or improvements thereon, no land shall be occupied, used or developed, and no building or premises shall be erected, altered, moved or substantially improved or its principal or accessory uses changed, and no nonconforming use shall be renewed, changed or extended, and no occupancy or tenancy may be changed until an occupancy permit has been issued. Once issued, an occupancy permit does not have to be renewed, but a new occupancy permit for a new owner or tenant of any nonresidential land improvement must be obtained before a new, different or additional principal or accessory use can occur.

(b)

An occupancy permit shall not be required under the circumstances described in subsection (1)(a) of this section for all present or future residential uses, except that a change from a residential use (as principal use) to any other type of principal use shall require an occupancy permit, and an occupancy permit shall be required for all activities requiring a building permit under Chapter 14 of this Code.

(c)

Any building, structure or premises which is vacant under any of the following conditions shall not be occupied or used for any purpose until a new certificate of occupancy has been issued by the Zoning Administrator:

1.

It has been found unfit for human habitation or use under any order issued in accordance with this Code requiring the repair, alteration, vacation, removal or demolition; or

2.

It has been vacant for a period in excess of 12 months; or

3.

It is subject to orders regulating vacant buildings under this Code and the order specified that the internal conditions of the property does not comply with code requirements and that a certificate of occupancy shall be obtained; or

4.

Where any of the conditions described in subsection (1)(c)1. and 3. of this section are found, the premises shall be posted and shall not be occupied until an occupancy permit is obtained.

(2)

Certificate of Occupancy—Application and Issuance.

(a)

Application. Applications for a certificate of occupancy shall be made to the Zoning Administrator on forms furnished by the Administrator and shall be accompanied by a written statement signed by the owner authorizing necessary inspection(s) of the premises.

(b)

Issuance. An occupancy permit shall be issued by the Zoning Administrator based upon compliance with the provision of this Code. New construction shall be complete and inspected prior to issuance of certificate of occupancy.

(3)

Certificate of Occupancy—Displayed. Upon issuance the certificate of occupancy shall be posted in a conspicuous place in the building, structure or on the premises except residential dwellings and accessory buildings or structures thereto.

(4)

Temporary Certificate of Occupancy. A temporary certificate of occupancy may be issued by the Zoning Administrator for the temporary occupancy and use of any building, structure or premises or part thereof, prior to the completion of the same and the issuance of a final certificate of occupancy, provided that such occupancy or use would not jeopardize life, health, or property. The Zoning Administrator is authorized to require whatever temporary precautionary measures over and above any code requirements to safeguard the public as a condition of the issuance of a temporary certificate of occupancy.

(5)

Nonconforming Occupancy or Use of Building. The existing lawful use of a building or land, (or an amendment applicable thereto), which at the time of the enactment of this amendment is not in conformity with the provisions established herein, may be continued in the manner and for the purpose then existing, subject to the provisions or Article 17.9 of this Code. Where any such use and/or occupancy is discontinued for a period of 12 consecutive or 18 cumulative months within a consecutive 3-year period, any future use and/or occupancy of the building shall conform to the regulations of the district in which it is located.

(6)

Abandonment of Occupancy, Use Rights and Privileges.

(a)

Whenever a lawful nonconforming occupancy or use of any existing building, or structure, premises or part thereof is changed to an occupancy or use conforming to the regulations of Chapter 17 and/or to a conforming type of construction applicable to such building, structure, premises or part thereof, as regulated by this Code, then thereafter in either or both cases, any such existing building, structure, premises or part thereof shall not again be occupied or used for any nonconforming occupancy and use rights and privileges.

(b)

If a nonconforming building or structure, or use is abandoned for a period of 12 consecutive months, or 18 months in any consecutive 3-year period, the legal nonconforming use or occupancy of that building or structure shall cease and the use of that building or structure shall thereafter be restricted to a legal use or occupancy.

(c)

If a nonconforming open storage occupancy and use on any premises is vacated for a period of 6 months, then any future occupancy and use of the premises shall conform to the regulations of Chapter 17.

Upon conclusion of the Zoning Administrator, a request for occupancy, change of occupancy, and occupancy conditions, may be referred to Plan Commission for final determination.

(7)

Revocation of Permit, Voiding of Occupancy Applications,. Upon issuance of a certificate of occupancy, applicant shall commence use of said property within a 6-month period thereafter. If occupancy does not occur within said period, or compliance with all associated regulations are not met the certificate of occupancy application shall be declared void and no use of the premises shall be made until a new certificate of occupancy has been procured.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

The Common Council may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after City Plan Commission review, receipt of City Plan Commission recommendations, 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.

(2)

Existing Uses. All uses existing at the effective date of the ordinance codified in 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 the ordinance codified in this chapter are hereby declared to be conforming conditional uses. Any proposed change in the existing operation shall be subject to the conditional use procedures as if such use were being established anew.

(3)

Application for Conditional Use Permit. Application for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by the City Clerk and shall include the following where pertinent and necessary for proper review by the City Plan Commission and Common Council (applications deemed incomplete shall not be accepted by the City):

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, when engaged, and all opposite and abutting owners of record;

(b)

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;

(c)

Plat of survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale and approved by the Zoning Administrator, 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;

(d)

In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40' of the subject site; soil mapping unit lines, types and slopes, ground surface elevations; and existing and proposed landscaping when so required by the Zoning Administrator, City Plan Commission or Common Council;

(e)

Additional information as may be required by the Common Council, City Plan Commission, Elkhorn Light and Water Commission, City Engineer or the Zoning Administrator.

(5)

Review and Recommendation. In evaluating a request for Conditional Use Permit, the City Plan Commission shall review the application in regard to the following factors in making its recommendation to the Common Council:

(a)

Consistency with the City's Comprehensive Plan,

(b)

Site plan layout,

(c)

Existing and proposed structures,

(d)

Potential impacts on surrounding properties,

(e)

Compatibility with the nearby pattern of development,

(f)

Design of parking areas,

(g)

Driveway locations and access to adjacent roads/roadway system,

(h)

Traffic generation, circulation and potential congestion,

(i)

Infrastructure/utilities including drainage, sewerage, and water systems,

(j)

Proposed business operations,

(k)

Landscaping,

(l)

Lighting,

(m)

Type of construction,

(n)

Construction commencement and completion dates, and

(p)

Sureties.

(6)

Hearings. The Common Council shall fix a reasonable time and place for the hearings, publish a Class 2 notice thereof, and shall give due notice to the parties in interest and the Zoning Administrator. At the hearing, the applicant may appear in person, by agent or by attorney.

(7)

Revocation and Extension of Permit. If no substantial construction has begun within 12 months from the approval of the conditional use permit then without further action by the Plan Commission and without notice to the applicant, the conditional use permit shall become null and void. The permit holder may apply to the Plan Commission or Common Council for an extension of this time requirement. In its discretion and for good cause, the Plan Commission or Common Council may extend, for a reasonable time, not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, no construction shall begin until a new conditional use permit is issued.

(Ord. No. 18-09, § 2, 10-1-2018; Ord. No. 14-05, §§ 1, 2, 2014.)

Permit Fees. Any person, firm or corporation applying for a rezone, conditional use, variance, appeal or permit shall pay the applicable fee as set , by resolution of the Common Council from time to time, at the time the application is filed.

(Ord. No. 24-07, § 1, 8-19-2024; Ord. No. 14-05, §§ 1, 2, 2014.)

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.

(Ord. No. 14-05, §§ 1, 2, 2014.)

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 City 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.

(Ord. No. 14-05, §§ 1, 2, 2014.)

Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises at his last known address 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.

(Ord. No. 14-05, §§ 1, 2, 2014.)

Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, forfeit an amount to be determined by the City and published regulation and costs of prosecution of each violation and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(See Section 17.1-7 of this chapter.)

(Ord. No. 14-05, §§ 1, 2, 2014.)