(1)

Administration.

The administration of this ordinance is vested the following three (3) offices of the City of Madison:

(a)

Zoning Administrator.

(b)

Zoning Board of Appeals.

(c)

City Plan Commission.

(1)

Establishment.

(a)

This section establishes the office of the Zoning Administrator of the Department of Planning and Community and Economic Development.

(b)

The Zoning Administrator is responsible to the Director of the Building Inspection Division or their designee.

(c)

The Director of the Building Inspection Division is assigned the same powers as the Zoning Administrator.

(2)

Duties.

The Zoning Administrator shall enforce this ordinance, and shall exercise the duties listed below to determine compliance with this chapter and to support its enforcement or administrative functions:

(a)

Issue all zoning certificates (See (3) below).

(b)

Issue all certificates of occupancy.

(c)

Approve all site plans.

(d)

Conduct inspections of buildings, structures, and use of land, including damage assessment for floodplain structures per MGO Chapter 21, to determine compliance with this ordinance.

(e)

Maintain permanent and current records of this ordinance, including but not limited to all maps, amendments, conditional uses, variances, appeals, zoning certificates, certificates of occupancy, and applications for approval.

(f)

Provide and maintain public records relative to all matters arising out of this ordinance.

(g)

Receive, file and forward to the City Clerk all applications for amendments to this ordinance.

(h)

Receive, file and forward to the City Plan Commission all applications for conditional uses.

(i)

Receive, file and forward to the Zoning Board of Appeals all applications for appeals, variances or other matters on which the Zoning Board of Appeals is required to act under this ordinance or per MGO Chapter 21.

(j)

Initiate, direct and review, from time to time, a study of this chapter.

(k)

Make recommendations to the City Plan Commission about revisions to this chapter.

(l)

Refer violations of this chapter to the City Attorney for prosecution. Copies of the violation report on floodplain regulations shall be sent to the Southern District office of the Wisconsin Department of Natural Resources pursuant to MGO Chapter 21.

(m)

Review and interpret deed restrictions which were initiated at the request of a City agency in order to relate the restrictions to uses of land authorized in this Zoning Code.

(n)

Provide substantial damage assessment for floodplain structures under MGO Chapter 21.

(o)

Act as the Floodplain Officer pursuant to MGO Chapter 21, and in that capacity the duties may include, but are not limited to, the following:

i.

Maintain floodplain records, including all permits issued, inspections made, and work approved related to floodplains; documentation of certified lowest floor and regional flood elevations; floodproofing certificates; floodplain maps, and ordinances, all water surface profiles, substantial damage assessment reports, and list of nonconforming structures and uses. (Am. by ORD-14-00146, 9-12-14)

ii.

Submit copies of applications for amendments, variances and appeals to the floodplain regulations and floodplain maps to the appropriate Regional Office of the Wisconsin Department of Natural Resources, and the Federal Emergency Management Agency.

iii.

Submit copies of any adopted amendments, any decisions by the Zoning Board of Appeals on appeals and variances to the floodplain regulations and floodplain maps within ten (10) days of the decision, any case-by-case analyses of proposals in floodplain areas, an annual summary report of the number and types of zoning actions taken and substantial damage assessment reports to the appropriate District Office of the Wisconsin Department of Natural Resources. Decisions by the Zoning Board of Appeals on appeals and variances to the flood plain regulations and flood plain maps shall be signed by the chair of the Zoning Board of Appeals and shall state the basis for the Board's decision, including appropriate facts.

(p)

Take other actions that are assigned under other provisions of this chapter.

(Am. by ORD-25-00013, 3-20-25)

(3)

Issuance of Zoning Certificates.

(a)

A zoning certificate is required before any permit relating to the use of land, buildings or structures is issued by any officer, department or employee of the City.

(b)

Any permit or certificate of occupancy issued in conflict with this Section is null and void.

(c)

This section does not apply to:

1.

Lots without buildings or structures; and

2.

Lots used for public recreation purposes.

(d)

The Zoning Administrator shall approve or deny the zoning certificate application. Approval indicates that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all of the provisions of this chapter.

(e)

No change in use shall be made until a zoning certificate has been issued by the Zoning Administrator. Every certificate shall state that the use complies with all provisions of this ordinance. For the purposes of floodplain regulations, this certificate shall also be known as a Certificate of Compliance and must meet the requirements in MGO Chapter 21. (Am. by ORD-13-00086, 5-29-13; Am. by ORD-14-00146, 9-12-14)

(Am. by ORD-25-00013, 3-20-25)

(4)

Appeals to Decisions of the Zoning Administrator.

Any decision of the office of the Zoning Administrator may be appealed to the Zoning Board of Appeals, as specified in Sec. 28.205(5) below.

The Common Council is the governing body of the City of Madison. The Common Council is the final decision maker for text or map amendments to this chapter. Refer to Chapter 2, MGO for the Standing Rules for the Government of the Common Council.

(1)

Establishment.

The City Plan Commission is created by Chapter 16 of the City Code.

(2)

Jurisdiction.

The City Plan Commission has the following jurisdiction and authority:

(a)

To hear and act upon all applications for conditional uses.

(b)

To hear and make recommendations about applications for amendments to this chapter to the Common Council.

(c)

To hear and act upon all other matters referred to it upon which it is required to act under this chapter.

(1)

Establishment.

This section establishes the Zoning Board of Appeals as authorized by Wis. Stat. § 62.23(7)(e).

(2)

Membership and Administration.

(a)

The Zoning Board of Appeals has five (5) members appointed by the Mayor subject to confirmation by the Common Council.

(b)

Each member of the Zoning Board of Appeals serves for a staggered term of three (3) years.

(c)

The members of the board are removable by the Mayor for cause upon written charges and after public hearing.

(d)

The Mayor shall designate one (1) of the members as chairperson.

(e)

The board may employ a secretary and other employees.

(f)

Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(g)

The Mayor shall appoint, for staggered terms of three (3) years, two (2) alternate members in addition to the five (5) standing members. Annually, the Mayor shall designate one (1) 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 such board refuses to vote because of interest or when a member is absent. The second alternate shall so 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 above provisions, with regard to removal and the filling of vacancies, shall apply to the alternates.

(3)

Jurisdiction.

The Zoning Board of Appeals has the following jurisdiction and authority:

(a)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter.

(b)

To hear and act upon applications for variances from the terms provided in this chapter (Refer to Sec. 28.184 for procedures and standards).

(c)

To hear and decide appeals where it is alleged there is error in a determination made by the Director of the Department of Planning and Community and Economic Development.

(d)

To hear and decide disputes concerning the district boundaries shown on the official Floodplain Maps.

(e)

To hear and act upon all other matters referred to it upon which it is required to act under this chapter.

(4)

Meetings and Rules.

(a)

Meetings of the Zoning Board of Appeals shall be held at the call of the chairperson and at such other times as the Board may determine.

(b)

The chair, or in their absence the acting chair, may administer oaths and compel the attendance of witnesses. (Am. by ORD-14-00012, 1-14-14)

(c)

All meetings of said board, including all deliberations on any appeal prior to reaching a decision thereon, shall be open to the public.

(d)

The board shall keep minutes of its proceedings, showing the vote for each member upon each question or, if absent or failing to vote, indicating such fact. The board shall also keep records of its examinations and other official actions. All of the Board's minutes and records shall be immediately filed in the office of the Board and shall be a public record.

(e)

Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney.

(f)

The board shall adopt its own rules of procedure not in conflict with this ordinance or with the applicable Wisconsin Statutes.

(g)

The Board may select or appoint any officer that it deems necessary.

(5)

Appeals to Decisions of the Zoning Administrator.

Appeals to the Zoning Board of Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected, by any decision of the Zoning Administrator.

(a)

An appeal shall be taken within a reasonable time, as provided by the rules of the Zoning Board of Appeals.

(b)

The applicant shall file a notice of appeal with the Zoning Board of Appeals. The notice of appeal must specify the grounds for the appeal, including a specific reference to the terms of this chapter, state or federal law, or the state or federal constitution that the applicant believes were incorrectly applied.

(c)

The Zoning Administrator shall transmit all the papers constituting the record upon which the action appealed from was taken to the Zoning Board of Appeals.

(d)

Stay of Proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate, a stay would in their opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed unless the Zoning Board of Appeals or a court of record grants a restraining order on application. A restraining order requires the applicant to show due cause and to notify the Zoning Administrator.

(e)

Notice. An appeal requires the following types of notice (See Sec. 28.181(5)):

1.

Mail - sent at least 10 days before the required public hearing.

2.

Publication - at least 7 days before the required public hearing.

(f)

Scheduling. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal.

(g)

Rendering the Decision. The Zoning Board of Appeals, upon its findings, shall render a decision on the appeal within a reasonable time. The Board, upon the concurring vote of a majority of quorum, may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from.

(h)

Approval Criteria. The Zoning Board of Appeals may reverse or modify the decision appealed from if it determines that it is error based on the terms of this chapter, a lawful condition of approval established under this chapter, or a provision of a federal or statute or constitution.

1.

For appeals concerning increases in regional flood elevation the Board shall:

a.

Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases greater than 0.00 foot may only be allowed after amending the flood profile and map and any appropriate legal arrangements are made with all adversely affected property owners.

b.

Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase greater than 0.00 foot provided no other reasons for denial exist.

(Am. by ORD-13-00086, 5-29-13)

2.

For disputes concerning floodplain district boundaries:

a.

If a floodplain district boundary is established by approximate or detailed floodplain studies, the map scale, and the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.

b.

In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.

c.

If the boundary is incorrectly mapped, the Zoning Board of Appeals should inform the person contesting the boundary location to petition the Common Council for a map amendment.

(6)

Finality of Decisions of the Zoning Board of Appeals.

All decisions and findings of the Zoning Board of Appeals are considered final administrative determinations, and are subject to judicial review as provided by law.

The following fees are required for applications under this chapter. All fees shall be payable to the City Treasurer except where specified below.

(Am. by ORD-13-00007, 1-15-13; ORD-13-00054, 4-24-13; ORD-13-00189, 11-26-13; ORD-15-00033, 4-8-15; Am. by ORD-18-00017, 2-16-18; Am. by ORD-22-00105, 10-21-22; Am. by ORD-23-00005, 1-12-23; Am. by ORD-25-00011, 3-8-25; ORD-25-00069, 10-7-25)

(1)

In General.

Any person who violates any provisions of this chapter or fails to comply with any of its requirements shall upon conviction thereof be subject to a forfeiture of not less than one dollar ($1) and not more than one thousand dollars ($1,000). (Am. by ORD-13-00086, 5-29-13; Am. by ORD-25-00013, 3-20-25)

(2)

Penalty for Failure to Provide Notice.

Failure to comply with the notice requirements for posting of signs (See Sec. 28.181(5) shall subject the applicant to a forfeiture of at least fifty dollars ($50) and no more than one hundred dollars ($100). Failure to post or mail these notices does not affect the validity of the action taken.

(3)

Penalty for Failure to Comply With Demolition Standards.

(a)

Any person who fails to submit documentation of compliance with an approved reuse and recycling plan shall, upon conviction thereof, be subject to a forfeiture of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). Each day or portion thereof such violation continues shall be considered a separate offense.

(b)

Any person who fails to obtain a demolition or removal permit prior to the demolition or removal shall, upon conviction thereof, be subject to a forfeiture of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000). Each day or portion thereof such violation continues shall be considered a separate offense.

(4)

Penalty for Failure to Comply with Inspection.

(a)

Any person who shall fail or neglect to comply with any lawful order of the Director of the Building Inspection Division issued pursuant to the provisions of this chapter may be assessed seventy-five dollars ($75) per compliance inspection, as defined in Sec. 27.03(2), MGO, that does not result in compliance with the order. A thirty-five dollar ($35) charge may be assessed when an inspector fails to gain entry to carry out a compliance inspection.

(b)

The Department of Planning and Community and Economic Development shall keep an accurate account of all unpaid inspection fees incurred for compliance inspection services rendered and report the same to the Finance Director, who shall annually prepare a statement of these special charges attach lot or parcel of land and report the same to the City Clerk, and the amount therein charged to each lot or parcel of land shall be by said Clerk entered in the tax roll as a serial charge against said lot or parcel of land, and the same shall be collected in all respects like other special charges upon real estate as provided in Wis. Stat. § 66.0627.