Maintain records of all permits issued, inspections made, work approved and other official actions.

Record the lowest floor elevations of all structures erected, moved, altered or improved in the floodland districts.

Establish that all necessary permits that are required for floodland uses by state and federal law have been secured.

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

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 the City Attorney.

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

Request assistance and cooperation from the Police Department and City Attorney as deemed necessary.

Plan Commission. The Plan Commission, together with its other statutory duties, 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 may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing. The Plan Commission shall have the powers to conduct and hold public hearings on all proposed amendments to this chapter as provided in W.S.A. s. 62.23(7)(d).

Common Council. The Common Council, the governing body of the city, subject to recommendations by the Plan Commission and the holding of public hearings by said Council, has ultimate authority to grant permitted conditional uses and planned unit development conditional uses, make changes and amendments in zoning districts, the Zoning Map and Supplementary Floodland Zoning Map and to amend the text of this chapter. The Common Council may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter.

Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter. See Article XVI of this chapter for detail provisions.

Zoning permit required. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit.

Applications for a zoning permit shall be made to the Zoning Administrator and shall include the following where pertinent and necessary for proper review:

Action.

Certificate required. No vacant land hereafter developed; no building hereafter erected, relocated, moved, reconstructed or structurally altered; and no floodlands hereafter filled, excavated or developed shall be occupied or used until a certificate of compliance has been issued by the Zoning Administrator. Such certificate shall show that the structure, premises or use is in conformity with the provisions of this chapter.

Application for certificate of compliance. Application shall be made in the same manner as for a zoning permit pursuant to § 303-106 and coincidental with application for zoning and/or building permit. Application for a certificate of compliance in the floodland districts shall include certification by a registered professional engineer or land surveyor that the plans therefor will fully comply with the floodland regulations set forth in this chapter.[1] Before the certificate shall issue, further such certification by an engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.

Existing uses. Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of the adoption of this chapter certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this chapter.

Nonconforming uses.

Site plan approval. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section.

Application. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.

Administration. The Zoning Administrator shall make a preliminary review of the application and plans and refer them, along with a report of his or her findings, to the Plan Commission within 10 days. The Plan Commission shall review the application and may refer the application and plans to any expert consultants selected by the Common Council to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Commission shall authorize the Zoning Administrator to issue or refuse a zoning permit.

Requirements. In acting on any site plan, the Plan Commission shall consider the following:

Effect on municipal services. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the City Engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall forward its recommendations to the Common Council and shall not issue final approval until the Common Council has entered into an agreement with the applicant regarding the development of such facilities.

Rezoning application: $30 per application (including repetitions of previous applications).

Conditional use permit application. All conditional use permit applications shall be filed with the City Clerk-Treasurer along with a filing fee of $30. The filing fee shall be used to reimburse the city for publication costs and attorney fees incurred in relation to the application and hearings thereon. The City Clerk-Treasurer, upon receipt of an application and the fee provided herein, shall immediately refer it to the Plan Commission for consideration.

Variance application. All applications for special exceptions and variances and appeals shall be filed with the City Clerk-Treasurer along with a filing fee of $30. The filing fee shall be used to reimburse the city for publication costs and attorney fees incurred in relation to the application or appeal and hearings thereon. The City Clerk-Treasurer, upon receipt of an application or appeal and the fee provided herein, shall immediately refer it to the Zoning Board of Appeals for consideration.

Building permit application. The fees for building permits shall be established in Chapter 106, Building Construction.

Certificate of compliance application: $30.

Violations. 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 Plan Commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.

Remedial action. Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, the resident agent or occupant of the premises, the Common Council, the Zoning Administrator or the City Attorney may institute appropriate legal action or proceedings.

Penalties. Any person, firm or corporation who or which 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, be subject to a forfeiture and a maximum penalty of $500.