Definition. A "zoning permit" is a document, signed by the Zoning Administrator, which states that a specific proposed use, structure or building complies with the standard procedures and other provisions of this chapter.

When required.

How obtained. For property located in the Single-Family Residence and Two-Family Residence Districts, except for conditional uses, if it is determined that the proposal meets all requirements of this chapter the Zoning Administrator may directly issue a zoning permit. If the Zoning Administrator fails to determine that the proposal meets the requirements of this chapter for property located in the Single-Family Residence and Two-Family Residence Districts, except for conditional uses, the Zoning Board of Appeals shall review and approve the proposal before the Zoning Administrator may issue a zoning permit. For conditional uses in the Single-Family Residence and Two-Family Residence Districts and all other districts, the Plan Commission shall review and approve a zoning permit. A zoning permit may be issued subject to conditions required by the Board or Commission. These conditions shall be noted on the zoning permit. If construction on a site, building or structure as approved in a zoning permit has not commenced within six months of the issuance of that zoning permit, the permit shall be void. The Plan Commission may extend this date for just cause.

Definition. An "occupancy permit" is a document, signed by the Zoning Administrator, which states that a use, structure or building complies with the requirements, standards and other provisions of the Zoning Code, the Building Code and other applicable codes, as well as any conditions specified in the zoning permit. An occupancy permit allows the property to be occupied and used as outlined in the zoning permit. If a use, structure or building does not fully comply with the requirements, standards and other provisions of the Zoning Code, Building Code and other applicable codes, as well as any conditions specified in the zoning permit, the occupancy permit may be withheld by the Zoning Administrator or a bond or irrevocable letter of credit required for performance.

When required. No vacant land shall be occupied or used and no building, structure or part thereof undergoing activity which requires a building permit shall be occupied or used until an occupancy permit has been issued. An occupancy permit is not required for a change solely in ownership or occupancy.

Temporary occupancy permit. If a use, structure or building is substantially in compliance, but compliance with some requirements is still pending, a temporary occupancy permit with a limited term may be issued. If all requirements are not met when the temporary occupancy permit expires, the use becomes illegal. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be void if the building fails to conform to this chapter or other applicable codes to such a degree as to render it unsafe for the occupancy proposed.

Review of grant or denial of occupancy permit. The grant or denial of an occupancy permit shall be reviewable by the Zoning Board of Appeals under § 480-49.

Zoning Administrator. Under §§ 480-52 and 480-53, the Zoning Administrator may issue zoning and occupancy permits for the Single-Family Residence and Two-Family Residence Districts upon compliance with all applicable provisions.

Review of grant or denial of permit. The grant or denial of a zoning or occupancy permit shall be appealable to the Zoning Board of Appeals under § 480-49.

Application. Application for a zoning and/or occupancy permit shall be made to the Zoning Administrator by the owner of the property for which the permit is being requested. The property owner shall be ultimately responsible for the implementation of any plans and conditions of a zoning permit.

Preapplication review by Zoning Administrator. Prior to formal application for a zoning permit under this article, the Zoning Administrator shall confer with the applicant or a designated representative to advise the applicant or representatives as to what information will be required by the Commission in order to act on the application. Such information may include an engineering survey, a comprehensive site plan, topographic data, a public utilities plan, a traffic circulation plan, an off-street parking plan, a preliminary sketch of any planned subdivision, architectural renderings of proposed buildings, a comprehensive landscape plan and a plan for erosion and runoff control including site restoration. The Zoning Administrator shall not advise the applicant or the applicant's representatives as to the possibility of favorable or unfavorable action by the Commission on the application.

Prehearing conference with the Plan Commission. After the preapplication review by the Zoning Administrator, the applicant may request an informal prehearing conference with the Commission or a subcommittee thereof to review the applicant's proposal. The purpose of such conference shall be to familiarize the Commission with the applicant's proposal and to familiarize the applicant with the requirements which may be imposed by the Commission and the City before favorable action can be taken by the Commission on the application. The Plan Commission or its subcommittee may at this time require the applicant to submit information in addition to that which will be required under Subsection B when formal application is made. Any prehearing conference will be open to the public. At least five days prior to the public hearing, the Zoning Administrator shall send notice of the public hearing to adjacent property owners within 200 feet of the property for which an application has been filed.

Formal hearing before the Plan Commission. Within 30 days of submission of a formal application, the Commission shall hold a formal hearing on the application. Any formal hearing will be open to the public, and the Zoning Administrator shall send notice of the public hearing to adjacent property owners within 200 feet of the property for which an application has been filed at least five days prior to the hearing. The applicant may elect to have his or her application considered a contested case, in which case the rules of procedure for such cases established by the Zoning Board of Appeals for applications for variances shall apply. The time for the formal hearing may be extended by agreement of the applicant or for 15 additional days by the Chairperson of the Commission upon notice to the applicant specifying the reasons for such extension.

Decision of the Commission. The Commission may approve, approve conditionally or reject the application for a zoning permit. Ch. 68, Wis. Stats., shall apply to the decision of the Commission. If no request for review of approval of the application is received within 30 days of notice of such determination as provided in § 68.08, Wis. Stats., the Zoning Administrator shall issue the zoning permit. Upon request of the applicant, the Zoning Administrator may issue a zoning permit upon approval of the Commission; however, such permit shall state on its face that the issuance is subject to review and appeal if a request therefor is filed by an aggrieved person within 30 days. If the Commission's approval is conditional, the Zoning Administrator may issue the permit on satisfaction of the conditions; however, the application may be referred back to the Commission for determination of whether or not the conditions have been satisfied. If the Plan Commission determines that the conditions have not been satisfied, the zoning permit and occupancy permit may be revoked. If a request for review of the determination of the Commission is filed pursuant to § 68.08, Wis. Stats., the Commission shall review its own determination. In all cases, any decision of the Commission shall be in writing and shall state the reasons for the decision and shall indicate the evidence in support of the decision. The Zoning Administrator or the Commission shall mail copies of any decision to the applicant and anyone appearing at the hearing who has requested a copy. The Commission may reconsider and change its decision on its own motion at its next regular meeting or a special meeting called for that purpose.[1]

Appeal to Common Council. Appeal of the decision of the Commission after review under §§ 68.08 and 68.09, Wis. Stats., may be made to the Common Council pursuant to Ch. 68, Wis. Stats. For purposes of such appeal, the Common Council shall be the impartial decision maker required under § 68.11(2), Wis. Stats. If the appellant had a hearing or opportunity for hearing before the Commission substantially in compliance with § 68.11, Wis. Stats., the decision of the Common Council shall be on the basis of the hearing record made before the Commission and a due process type hearing as required under § 68.11, Wis. Stats., shall not be necessary. Ch. 68, Wis. Stats., shall otherwise apply.