(a)

The city administrator, or his designee, shall be the zoning administrator. The zoning administrator 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.

(b)

The city building inspector shall, as directed by the zoning administrator, issue, after on-site inspection, all permits required by this chapter. The building inspector shall further:

(1)

Provide records of all permits issued, inspections made, work approved, and other official actions to the city clerk.

(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 administrator with zoning issues and plan review as directed.

(5)

Assist the city attorney in the prosecution of ordinance violations.

(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 Wis. Stats. § 66.0119.

(7)

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

(8)

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

(c)

Administration and enforcement. The City of Kewaunee welcomes the opportunity to assist in eliminating housing discrimination in the City of Kewaunee arising as a result of disability. The zoning administrator shall have the authority to issue a special permit upon request to any owner or user of a residence which will allow the owner or user to make modifications or uses of the residence which would not otherwise be permitted by this Zoning Code to prevent disability discrimination in the use of the residence. The term of any such permit shall not exceed one year, and the residence owner or user shall confirm to the zoning administrator at least once per year that the disability continues to affect access to or use of the residence. The owner or user must identify the person with the disability and the nature of the disability. The residence and the use thereof must be restored to compliance with the underlying zoning within 90 days after the special permit expires.

(Ord. No. 566-12, § 1, 2-13-2012; Ord. No. 577-17, § 2, 5-8-2017; Ord. No. 619-2020, § 2, 11-9-2020)

The plan commission, together with its other statutory duties prescribed in Wis. Stats. § 62.23, 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 chapter, its functions are primarily recommendatory 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. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission shall, in arriving at its recommendation, on occasion of its own volition, conduct public hearings. The plan commission shall have the powers to conduct and hold public hearings on all proposed amendments to this zoning ordinance as provided in Wis. Stats. § 62.23(7)(d).

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Permit required; application. No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a building permit from the building inspector, unless otherwise exempted pursuant to section 94-224. Applications for building permits shall be made in duplicate to the building inspector on forms furnished by the building inspector, shall be in compliance with chapter 14, article II (i.e., the building code), of this Code and shall include the following where applicable:

(1)

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

(2)

Description of the subject site by lot, block and recorded subdivision, or 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.

(3)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations to city datum, 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; and existing and proposed front, 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 sewer service is not available. This plan shall include a copy of the permit issued by the county health department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The building inspector shall certify that satisfactory, adequate and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.

(5)

Proposed water supply plan if municipal water service is not available. This plan shall be in accordance with Wis. Admin. Code ch. NR 812, and shall be approved by the building inspector, 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 city plan commission and building inspector.

(b)

Granting or denial; expiration. A building permit shall be granted or denied in writing by the building inspector within 30 days. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(c)

Pole buildings. No building permit shall be granted for the erection, enlargement or alteration of any pole type building exceeding 200 square feet in area in any zoned as an R-1, R-2 or R-3 district.

(Ord. No. 566-12, § 1, 2-13-2012)

No building permit shall be required for any of the following uses:

(1)

For repairs or interior alterations to buildings having a cost or fair market value of less than $750.00; or

(2)

For exterior improvements or additions having a cost or fair market value of less than $500.00.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Required. No vacant land shall be occupied or used, no building or premises shall be erected, altered or moved or create change in use, and no nonconforming use shall be maintained, renewed, changed or extended until an occupancy permit shall have been issued by the building inspector. Such permit shall show that the building or premises or part thereof is in compliance with the provisions of this chapter. Such permit shall be applied for at the time of occupancy of any land and/or building.

(b)

Business and industrial buildings. No building located in a business or industrial zone and used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new occupancy permit by the building inspector. Such permit shall show that the building or premises or part thereof is in compliance with the provisions of this chapter, the building code, the electrical code, the fire prevention code and the plumbing code of the city and state. Such occupancy permit for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner.

(c)

Application. Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to section 94-223. Every application for a building permit shall be deemed to be an application for an occupancy permit.

(Ord. No. 566-12, § 1, 2-13-2012)

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 fee for permits shall be as set from time to time by the council. All fees shall be paid to the clerk-treasurer, who shall give a receipt therefor. The building inspector shall not issue a permit without presentation of such receipt.

(1)

Building and occupancy permits.

(2)

Conditional use permit.

(3)

Amendment to ordinance (text or map).

(4)

Variance or appeal.

(5)

Sign permit.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this chapter. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the city council, the building inspector, the plan commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter.

(b)

Any person, firm, or corporation that fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $10.00, nor more than $200.00, and costs of prosecution for each violation, and in default of payments 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. 566-12, § 1, 2-13-2012)

There is hereby established a zoning board of appeals for the city for the purposes of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Regular members. The board shall consist of five members appointed by the mayor and confirmed by the city council. Members should be knowledgeable of zoning rules and procedures. One member should be a plan commissioner, registered architect, registered professional engineer, builder or real estate appraiser. The mayor shall designate one of the members chairman. The secretary shall be the city clerk. Board members shall be removable by the mayor for cause upon written charges and after public hearing.

(b)

Alternate members. The mayor shall appoint two alternate members to the board. Annually, the mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board is absent or refuses to vote because of interest. The second alternate shall act only when the first alternate so refuses or is absent or when more than one member of the board so refuses or is absent. The provisions for removing board members shall apply to the removal of alternates.

(c)

Terms. Board members shall be appointed to three-year terms, except for those first appointed, in which case one member shall serve for one year, two members for two years and two members for three years. Alternate members shall serve staggered terms of three years.

(d)

Vacancies. Vacancies shall be filled for the unexpired terms in the same manner as appointments for a full term.

(e)

Technical assistance by building inspector. The building inspector shall attend all meetings for the purpose of providing technical assistance when requested by the board.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

The zoning board of appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

(b)

Meetings shall be held at the call of the chairman.

(c)

Minutes of the proceedings and a record of all actions shall be kept by the secretary, or other designated person, showing the vote of each member upon each question, the reasons for the board's determination, and its finding of facts. These records shall be immediately filed in the office of the board and shall be a public record.

(d)

The concurring vote of four members of the board shall be necessary to correct an error, grant a variance, make an interpretation, and permit a utility, temporary, unclassified, or substituted use.

(Ord. No. 566-12, § 1, 2-13-2012; Ord. No. 602-19, § 1, 3-11-2019)

(a)

Generally. The zoning board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by the building inspector or plan commission.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(3)

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the plan commission has made a review and recommendation.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(5)

Temporary uses. To hear and grant applications for temporary uses in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses, and provided that the plan commission has made a review and recommendation. The permit shall be temporary, revocable, and subject to any conditions required by the board of zoning appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

(b)

Permits. The board may reverse, affirm wholly, or partly modify the requirements appealed from, and may issue or direct the issue of a permit.

(c)

Assistance from other officers and agencies. The board may request assistance from other city officers, departments, commissions and boards.

(d)

Oaths and attendance of witnesses. The chairman may administer oaths and compel the attendance of witnesses.

(Ord. No. 566-12, § 1, 2-13-2012)

Appeals of the decision of the building inspector or the plan commission concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the city. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the building inspector or plan commission. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the secretary. Such appeals and applications shall include the following:

(1)

Name and address of the appellant or applicant and all abutting and opposite property owners of record.

(2)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 94-223 of this chapter for a building permit.

(3)

Additional information required by the plan commission, city engineer, zoning board of appeals or building inspector.

(Ord. No. 566-12, § 1, 2-13-2012)

The zoning board of appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in article VI, division 3, of this chapter, and shall give due notice to the parties in interest, the building inspector and the plan commission. At the hearing the appellant may appear in person, by agent or by attorney.

(Ord. No. 566-12, § 1, 2-13-2012)

No variance to the provisions of this chapter shall be granted by the board unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates such in the minutes of its proceedings:

(1)

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.

(2)

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to suggest that this chapter should be changed.

(3)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(4)

Preservation of property rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(5)

Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

The zoning board of appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the board decision to the appellant or applicant, building inspector and plan commission.

(b)

Conditions may be placed upon any building permit ordered or authorized by this board.

(c)

Variances, substitutions, or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(Ord. No. 566-12, § 1, 2-13-2012)

Any person or persons aggrieved by any decision of the zoning board of appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the zoning board of appeals.

(Ord. No. 566-12, § 1, 2-13-2012)

Notice of any public hearing which the city council, plan commission or zoning board of appeals is required to hold under the terms of this chapter shall specify the date, time and place of hearing, and the matter to be presented at the hearing. Pursuant to Wis. Stats. ch. 985, the notice shall be published as a class 2 notice.

(1)

The notice of public hearing shall be published in a newspaper of general circulation in the city at least once each week for two consecutive weeks, the last publication of which shall be at least one week before the public hearing.

(2)

Notice of the public hearing shall be mailed to all parties-in-interest at least ten days before the hearing. Parties-in-interest shall be defined as the petitioner, the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition and the owners of all lands included in the petition and all lands lying within 100 feet of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by one of the aforementioned bodies.

(Ord. No. 566-12, § 1, 2-13-2012)

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the city council may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the city plan commission.

(Ord. No. 566-12, § 1, 2-13-2012)

A change or amendment may be initiated by the city council or plan commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(Ord. No. 566-12, § 1, 2-13-2012)

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the city clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use, and have attached the following:

(1)

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Additional information required by the plan commission or city council.

(Ord. No. 566-12, § 1, 2-13-2012)

The plan commission shall review all proposed changes and amendments within the corporate limits, and after public hearing shall recommend that the petition be granted as requested, modified and granted, or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the city council.

(Ord. No. 566-12, § 1, 2-13-2012)

The plan commission shall hold a public hearing upon each petition, giving public notice thereof as specified in article VI, division 3, of this chapter, listing the time, place, and the changes or amendments proposed. The plan commission 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 change or amendment.

(Ord. No. 566-12, § 1, 2-13-2012)

As soon as possible after such public hearing, and after careful consideration of the plan commission's recommendations, the city council shall act on the petition, either approving, modifying and approving, or disapproving of the same.

(Ord. No. 566-12, § 1, 2-13-2012)

Editor's note— Ord. No. 651-2024, § 2, adopted July 15, 2024, repealed § 94-317, which pertained to protest against a district change or amendment and derived from Ord. No. 566-12, § 1, adopted Feb. 13, 2012.