Monona City Zoning Code
ARTICLE IX
Administration
§ 480-48 Zoning Administrator; powers and duties.
A.
Duties. In addition to any other duties set by the Mayor and Common Council, the Zoning Administrator shall administer, supervise and enforce the provisions of this chapter and shall:
(1)
Prepare all forms necessary or useful in the administration of this chapter.
(2)
Inspect each project for which a permit has been applied for or granted.
(3)
Issue zoning and occupancy permits when authorized or required to do so under this chapter.
(4)
Record violations and provide this information to the Common Council.
(5)
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, permits, variances, appeals and applications therefor, and nonconforming uses as such uses come to his/her attention.
(6)
Receive, file and forward to the Commission all applications for amendments to this chapter.
(7)
Receive, file and forward to the Commission all applications for zoning permits for uses other than single-family and two-family residences.
(8)
Receive, file and forward to the Zoning Board of Appeals all applications for appeals, variances and other matters upon which the Zoning Board of Appeals is required to act under this chapter.
(10)
Make periodic activity reports to the Commission and Common Council.
B.
Powers and authority. In the enforcement of this chapter, the Zoning Administrator shall have the power and authority for the following:
(1)
At any reasonable time and for any proper purpose to enter upon any public premises and make inspection thereof.
(2)
Upon reasonable cause or question as to proper compliance, to revoke any zoning or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of this chapter, such revocation to be in effect until reinstated by him/her or the Board of Appeals; or take any other action as directed by the Common Council to ensure compliance with or to prevent violation of its provisions.
(3)
In the name of the City and with approval of the City Attorney, commence any legal proceedings necessary to enforce this chapter.
(4)
To prepare and recommend to the Council rules and regulations for the administration of this chapter, which when they become effective under this chapter shall have the force of ordinances.
§ 480-49 Zoning Board of Appeals.
A.
Composition. The Zoning Board of Appeals shall have a composition as prescribed in § 18-2 of the Code.
B.
Procedure.
(1)
General. The Board shall adopt rules for its government and procedure not inconsistent with law and with the provisions of this or of any other ordinance of the City. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chair, or in the Chair's absence the acting Chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. Sessions of the Board may be closed to the public only as provided in § 19.85, Wis. Stats. The Board shall keep minutes of it proceedings, showing the vote of each member upon each question, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The presence of four members shall constitute a quorum. The Board shall act by motion or resolution. The concurring vote of four members of such Board shall be necessary to reverse any other requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation of this chapter. Those items before the Board which do not by state statute require an absolute majority vote shall require a vote of three members for approval.
C.
Applications and appeals.
(1)
An application to the Board, in cases in which it has original jurisdiction under this chapter, may be taken by any property owner, including a tenant, or by a governmental officer, department or board. Such application shall be filed with the Zoning Administrator, who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application, to the Board. In the case of a request for a conditional use permit within the one- or two-family residence zone, the decision of the Board may be appealed by a person aggrieved to the Common Council.
(2)
An appeal to the Board may be taken by any person aggrieved or any governmental officer, department or board affected by any ruling of the Zoning Administrator. An appeal from a ruling of the Zoning Administrator shall be taken within a reasonable time, as prescribed by the rules of the Board, by filing with the Zoning Administrator and with the Board notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board such notice of appeal, together with all the plans and papers constituting the record upon which the action appealed from was taken.
(3)
The Board shall fix a reasonable time for the hearing of an application or of an appeal. It shall give public notice of such hearing as well as notice to the owners of all property adjacent to the property affected by any appeal or application for a variance a reasonable time before such application or appeal shall be considered by the Board. The Board shall also notify the applicant or appellant and the Zoning Administrator. The owners of adjacent property as referred to herein shall be deemed to be the owners as shown on the assessment records in the City Hall. Any party may appear at such hearing in person or by agent or by attorney. The Board shall decide the application or appeal within a reasonable time.
(4)
The Board shall not have jurisdiction of appeals from determinations of the Commission or Common Council unless otherwise provided in this chapter.
D.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board after notice of appeal is filed that by reason of facts stated in the certificate a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than for good cause by a restraining order granted by the Board or by the circuit court, on application, on notice to the Zoning Administrator.
E.
Powers of the Board.
(1)
The Board may hear and decide, in accordance with the provisions of this chapter and filed as herein provided, requests or applications for special exceptions or for interpretation of the District Map or for decisions upon other special questions upon which the Board is authorized to pass.
(2)
In addition to permitting special exceptions specified in this chapter, the Board may permit the following:
(b)
Temporary uses and permits. The temporary use of a building or premises for a purpose incidental to commerce or industry in a residential district, provided such be of a true temporary nature and not involve the erection of permanent buildings. Such permit shall be granted for not more than one year, subject to such conditions as will safeguard the public health, safety, convenience and the general welfare.
(c)
Social and recreational buildings. Where it is desired to locate in an area zoned for residence purposes clubs, lodges, social and recreational center buildings, except those the chief activity of which is carried on or is one customarily carried on primarily for gain, the Board of Appeals may issue a permit for such use or any extension thereof. Such uses shall comply with the following requirements:
[1]
Plans of the site and of the buildings proposed shall be submitted to the Zoning Administrator with a written request for approval of such use.
[2]
Any such building shall be located not less than 75 feet from any lot in any residential district not used for similar purposes.
[3]
The Board shall give notice to adjacent property owners and hold public hearings as required.
(3)
The Board shall interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this plan as shown on the District Map and as provided in the Comprehensive Plan.
(4)
The Board may hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Administrator in the carrying out or enforcement of this chapter. In accordance with the above, the Board shall have the following general powers:
(a)
To permit the projection of a building into a required front yard, side yard or rear yard, but only to an extent necessary to construct a building or structure practicable in construction and arrangement for an exceptionally narrow, shallow or irregular lot, or for exceptional topography so existing on the effective date of this chapter.
(b)
To permit in any district such modification of the requirements of this chapter as the Board may deem necessary to secure an appropriate development of a lot, where adjacent to such lot there are buildings or uses that do not conform to regulations prescribed by this chapter for the district in which these are located, provided the Board shall not permit in any district a use not permitted under the district regulations or a use denied by the Plan Commission.
(c)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property on the effective date of this chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or conditions of such property, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the Board may authorize, upon appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardships, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.
§ 480-50 Fees.
The Common Council shall annually determine the average cost and establish a fee for processing applications for zoning permits, occupancy permits, rezonings, variances and appeals. An applicant for a zoning permit, occupancy permit, rezoning, variance or appeal shall pay the required fee upon final submission of the application. An application shall not be deemed complete until the required fee has been paid. A copy of the current fees established by the Common Council shall be kept on file by the City Clerk.
§ 480-51 Enforcement and penalties.
A.
Any building or structure hereafter erected, moved or structurally altered or any use hereafter established in violation of any provision of this chapter shall be deemed an unlawful building, structure or use. The Zoning Administrator shall promptly report all such violations to the City Attorney who shall cause an action to be brought to enjoin the erection, moving or structural alteration of such building or the establishment of such use or to cause such building, structure or use to be vacated or removed.