This article contemplates an administrative and enforcement officer entitled the "zoning administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map and amending the text of this article require review and recommendation by the plan commission and ultimate action by the common council. A zoning board of appeals is provided to ensure proper administration of the article and to avoid arbitrariness.

The city administrator is designated as the administrative and enforcement officer for the provisions of this article and is referred to as the zoning administrator. The duty of the zoning administrator shall be to interpret and administer this article and to issue, after onsite inspection, all permits required by this article. The zoning administrator shall further:

(1)

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

(2)

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

(3)

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

(4)

Inspect all structures, lands and waters as often as necessary to ensure compliance with this article.

(5)

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 article 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.

(6)

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

(7)

Request assistance and cooperation from the police department and city attorney as deemed necessary.

Cross reference— Officers and employes, § 2-176 et seq.

(a)

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 article, its functions are primarily recommendatory to the common council pursuant to guidelines set forth in this article as to various matters and, always, being mindful of the intent and purposes of this article. Recommendations shall be in writing. A recording thereof in the plan commission's minutes shall constitute the required written recommendation. The plan commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.

(b)

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 such council, has ultimate authority to grant permitted conditional uses, 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 article. The council may delegate to the plan commission the responsibility to hold some or all public hearings as required under this chapter and other provisions therefor elsewhere in this article.

(c)

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 article. See sections 42-116—42-119 for detailed provisions.

(a)

Required. No new structure, new use of land, water or air, or change in the use of land, water or air shall after the effective date of the ordinance from which this article is derived be permitted and no structure or part thereof shall after the effective date of the ordinance from which this article is derived be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit.

(b)

Application. Applications for a zoning permit shall be made to the zoning administrator and shall include the following where pertinent and necessary for proper review:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.

(2)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employes; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a land surveyor registered in the state or other map drawn to scale and showing such of the following as may be required by the zoning administrator: the location, boundaries, dimensions, uses and size of the following: Subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; public utilities; off-street parking, loading areas and driveways; existing highway access restrictions; high water; channel, floodway and floodplain boundaries; and existing and proposed street, side and rear yards.

(4)

Additional information as may be required by the zoning administrator or the plan commission (if involved).

(c)

Action.

(1)

A zoning permit shall be granted or denied in writing by the zoning administrator within 30 days of application and the applicant shall post such permit in a conspicuous place at the site.

(2)

The permit shall expire within six months unless substantial work has commenced, or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the applicant shall reapply for a zoning permit before commencing work on the structure.

(3)

Any permit issued in conflict with the provisions of this article shall be null and void.

(a)

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.

(b)

Application. Application shall be made in the same manner as for a zoning permit pursuant to section 42-64 and coincidental with application for zoning and/or building permit. Application for 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 article; before the certificate shall issue, further such certification by the engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.

(c)

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 article, 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 article.

(d)

Nonconforming uses.

(1)

No nonconforming use shall be maintained, renewed or changed until a certificate of compliance has been issued by the zoning administrator.

(2)

Certificates of compliance for the continued occupancy of nonconforming uses existing at the time of the passage of this article shall be issued by the zoning administrator and the certificate shall state that the use is a nonconforming one and does not conform with the provisions of this article. The zoning administrator shall notify the owners of the property being used as nonconforming use.

(a)

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.

(b)

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 article.

(c)

Administration. The zoning administrator shall make a preliminary review of the application and plans, and refer them, along with a report of his findings, to the plan commission within ten days. The plan commission shall review the application and may refer the application and plans to one or more expert consultants selected by the common council to advise whether the application and plans meet all the requirements applicable thereto in this article. Within 30 days of its receipt of the application, the plan commission shall authorize the zoning administrator to issue or refuse a zoning permit.

(d)

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

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(3)

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(4)

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

(e)

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 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.

(a)

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 article. 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 article or cause a structure to be vacated or removed.

(b)

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, resident agent or occupant of the premises, the common council, the zoning administrator or the city attorney may institute appropriate legal action or proceedings.

(c)

Penalties. Any person who fails to comply with the provisions of this article or any order of the zoning administrator issued in accordance with this article or resists enforcement shall, upon conviction, be subject to a forfeiture and such additional penalties as provided for in section 1-13, except that the minimum forfeiture shall be $100.00.

Whenever the public necessity, convenience, general welfare or good zoning practice require, the common council may, by ordinance, change the district boundaries established by this article and the zoning map incorporated in this section by reference or amend, change or supplement the text of the regulations established by this article or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

The common council, the city plan commission, the zoning board of appeals, other government bodies and any private petitioners may apply for an amendment to the text of this article, to the district boundaries established or by amendments hereto in the accompanying zoning map made a part of this article.

(a)

Filing procedure. Petitions for any change to the district boundaries and maps or amendments to the text regulations shall be addressed to the common council and shall be filed with the zoning administrator, describe the premises to be rezoned or the portions of text of regulations to be amended, list the reasons justifying the petition, specify the proposed use, if applicable, and have attached the following, if petition is for change of district boundaries:

(1)

Plot plan, drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.

(3)

Together with additional information as may be required by the plan commission or common council.

(b)

Recommendations. The zoning administrator shall cause the petition to be forwarded to the plan commission for its consideration and recommendation. The plan commission shall review all proposed amendments to the text and zoning maps within the corporate limits and shall recommend in writing that the petition be granted as requested, modified or denied. A recording of the recommendation in the plan commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the plan commission may, on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).

(c)

Hearings.

(1)

The common council, following receipt of recommendation of the plan commission, shall hold a public hearing upon each proposed change or amendment, giving notice of the time, place and the change or amendment proposed by publication of a class 2 notice, under Wis. Stats. ch. 985. At least ten days prior, written notice shall also be given to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(2)

The common council may delegate to the plan commission the responsibility to hold public hearings as required under this section.

(d)

Common council's action. Following such hearing and after consideration of the plan commission's recommendations, the common council shall vote on the proposed ordinance effecting the proposed change or amendment.

(e)

Zone change request fee. The fee for requesting a change to this article as described in this section shall be as set by the council from time to time. Such fee shall be paid to the administrator at the time the zone change request is filed with the zoning administrator.

(Ord. No. 91-3, § 10-1-182(e), 1-28-1991)

(a)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full common council membership.

(b)

In the event of protest against amendment to the text of the regulations of this article, duly signed and acknowledged by 20 percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full common council membership to adopt such amendment.

(a)

Scope. Appeals to the 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 administrative officer. Such appeal shall be taken within 30 days of the alleged aggrievance or judgment in question by filing with the officers from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the common council. The officers from whom the appeal is taken shall forthwith transmit to the board of appeals all papers constituting the record of appeals upon which the action appealed from was taken.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the board of appeals that by reason of facts stated in the certificate a stay would, in their opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(c)

Powers of zoning board of appeals. In addition to the powers enumerated elsewhere in this Code, the board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator and/or building inspector.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this article shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(3)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the plan commission has made a review and recommendation.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided that no structural alterations are to be made and the city plan commission has made a review and recommendation. Whenever the board of appeals permits such a substitution, the use may not thereafter be changed without application.

(5)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district, and the plan commission has made a review and recommendation.

(6)

Temporary uses. To hear and grant applications for temporary uses, in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses, and the plan commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the board of zoning appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this article shall be required.

(7)

Permits. The board of appeals may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issuance of a permit.

The board of appeals shall fix a reasonable time for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officers appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing to the fee owners of record of all land within 100 feet of any part of the subject building or premises involved in the appeal.

(a)

Time frame. The board of appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant and the zoning administrator.

(b)

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by this board.

(c)

Validity. Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(a)

Purpose.

(1)

The board of appeals may authorize upon appeal, in specific cases, such variance from the terms of this article as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit standards lower than those required by state law.

(2)

For the purposes of this section, the term "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or poor soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(b)

Application for variation. The application for variation shall be filed with the zoning administrator. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

Name and address of applicant and all abutting and opposite property owners of record.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

A site plan showing an accurate depiction of the property.

(5)

Additional information required by the plan commission, zoning administrator or board of zoning appeals.

(6)

Fee receipt in the amount set by the council from time to time.

(c)

Public hearing of application. The board of appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the city, and shall give due notice to the parties in interest, the zoning administrator, and the plan commission. At the hearing the appellant or applicant may appear in person, by agent or by attorney. The board of appeals shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, zoning administrator and plan commission.

(d)

Action of the board of appeals. For the board of appeals to grant a variance it must find that:

(1)

Denial of variation may result in hardship to the property owner due to physiographical considerations. There must beexceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this article should be changed.

(2)

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought, and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(3)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

(5)

The proposed variation will not undermine the spirit and general and specific purposes of this article.

(e)

Conditions. The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.