Marion City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 625-52 Building permit required; alterations and repairs.
A.
General permit requirements. No building of any kind shall be moved within or into the City of Marion and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the City of Marion, except as herein provided, until a permit therefor shall first have been obtained by the owner or his authorized agent from the Zoning Administrator or Building Inspector.
B.
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(1)
Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.[1]
(2)
Repairs. Repairs for purposes of maintenance or replacement in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use shall be deemed minor repairs.[2]
(3)
When alterations not permitted. When an existing building or structure, which for any reason whatsoever does not conform to the regulations of this Code, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises within 30 days of notice thereof.[3]
(4)
Alterations and repairs required. When any building or structure or building component thereof, whether existing or being constructed, has deteriorated from any cause whatsoever to less than its designed or safe performance level, the owner of such building or structure shall commence within 48 hours to cause such building or structure, or building component thereof, to be restored to its designed or safe performance level. Failure to restore shall cause the building or structure or building component thereof to be considered a menace to public safety and welfare, and it shall be ordered vacated and disconnected from utilities and thereafter no further occupancy or use shall be permitted. If the orders of the Building Inspector are not complied with after due notice and within 30 days, the Building Inspector shall proceed as required by this chapter to have such building or structure demolished.
(5)
Use of unsanitary building. No person shall occupy or use, or permit to be occupied or used, any building or structure that is unsanitary, dilapidated, deteriorated or out of repair, thereby being unfit for human habitation, occupancy or use, until the regulations of this chapter are complied with.
(6)
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
§ 625-53 Issuance of building permits.
A.
New construction. Building permits for new construction shall be issued by the Building Inspector in not less than five nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.
B.
Structural additions and accessory buildings. Building permits for structural additions or accessory buildings shall be issued by the Building Inspector in not less than five days nor more than 10 days after a completed building permit application has been submitted to the Building Inspector.
C.
Remodeling or demolition. Building permits for remodeling or demolition shall be issued by the Building Inspector in not less than five days nor more than 10 days after a completed building permit application had been submitted to the Building Inspector.
D.
Permit expires. The building permits shall expire within one year.
§ 625-54 Zoning Administrator. [1]
A.
There is hereby created the office of Zoning Administrator for the City of Marion as the administrative and enforcement officer for the provisions of this chapter.
B.
The Common Council shall designate the Zoning Administrator. For such duties, there may be provided the assistance of such additional persons as the Common Council may direct.
C.
Duties. It shall be the duty of the Zoning Administrator to administer, supervise and enforce the provisions of this chapter and to:
(1)
Record all permits issued, inspections made, work approved and other official actions.
(2)
Inspect all structures, lands and waters as often as is 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.
(4)
Give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises.
(5)
Report uncorrected violations to the City Attorney and assist him in the prosecution of said violations.
(6)
Prepare agendas for the City Plan Commission and Zoning Board of Appeals, including processing of applications for action by those bodies.
D.
Powers. The Zoning Administrator shall have all the powers necessary to enforce the provisions of this chapter, including the following:[2]
(1)
To permit temporary events for periods not to exceed 10 days for specific purposes such as temporary carnivals, sports activities over public ways, church bazaars, charity fund-raisers, and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that said use or operation and any incidental temporary structures or tents are in conformance with all other ordinances and codes of the City.
(2)
To enter premises, public or private, at any reasonable time for any proper purpose 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 § 66.0119, Wis. Stats., except in case of emergency.
(3)
To issue cease and desist orders requiring the cessation of any activity which is in violation of this chapter.
(4)
To commence any legal proceedings in the name of the City and with the authorization of the Common Council necessary to enforce the provisions of this chapter.
§ 625-55 Fees. [1]
Fees for building permits, demolition permits, conditional uses, zoning changes and amendments, variances or other requests before the Zoning Board of Appeals shall be required to defray the cost of administration, map preparation, inspections, public notices and recordkeeping. The Common Council shall, upon recommendation of the City Plan Commission, establish a fee schedule by resolution and the fee schedule shall be published and made available through the Zoning Administrator and Building Inspector. A double fee may be charged by the Zoning Administrator or Building Inspector 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.
§ 625-56 Violations and penalties. [1]
Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this chapter shall, upon conviction, be subject to a penalty as prescribed in § 1-4 of this Code. Each day that a violation continues to exist shall constitute a separate offense. Notwithstanding such penalty, action may be brought to enjoin, remove, or vacate any use, erection, moving, or alteration of any building or use in violation of this chapter.