The Department of Community Development shall enforce this Code and shall perform the following duties:

(1)

Conduct inspections of buildings, structures, and uses of land, to determine compliance with the terms of this Code;

(2)

Maintain permanent and current records of this Code, including, but not limited to the following: All maps, amendments, special use permits, variances, appeals, nonconforming uses, planned unit developments, and other applications thereto;

(3)

Receive and file all applications for amendments, appeals, variances, special use permits, planned unit developments, and other matters which the Plan Commission or Board of Appeals are required to consider under this Code;

(4)

Institute, in the name of the City, appropriate actions or proceedings against a violator as provided by law;

(5)

Establish and enforce necessary or desirable regulations in writing, clarifying or explaining any provision of this Code; and

(6)

Provide such clerical, technical, and professional assistance as may be required by the Plan Commission in the exercise of their duties.

(Code 1977, § 20.02(1))

(a)

Organization and appointment. The Board of Zoning Appeals herein referred to as the Board of Appeals, shall consist of five members appointed by the Mayor, subject to confirmation by the Council, for terms of three years. The members of the Board shall serve without compensation and shall be removable by the Mayor for cause upon written charges and after public hearing. The Mayor shall designate one of the members Chairman. The Board may employ a secretary and other employees. The Mayor may appoint, for three years, one or two alternate members of such Board, in addition to the five members, who shall act with full power only when a member of the Board refuses to vote because of interest or when a member is absent. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(b)

Alternates. The Mayor shall appoint two alternate members, for three-year terms who shall act with full power, only when a member of the Board of Appeals refuses to vote because of interest or when a member is absent. Alternate members shall be designated first alternate and second alternate for the purpose of alternating with regular members.

(c)

Vacancies. Unexpired terms of members whose positions are vacated shall be filled in the same manner as appointments for a full-term appointment.

(d)

Ex officio members. The Secretary shall be the Director of Community Development or their designee; and shall prepare all correspondence for the Board; receive and file all appeals, applications, papers and records; prepare, publish and mail all notices required; and prepare and keep all minutes and recordings of the Board's proceedings. The Secretary shall also present to the Board the staff findings or recommendations for each appeal or variance requested.

(e)

Procedure. The Board of Appeals shall adopt rules to govern its procedures. Those rules shall describe meeting schedules, minutes and records, and methods of application and notification.

(f)

Powers.

(1)

Hear and decide appeals. The Board may hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Department of Community Development in the enforcement of the Zoning Code.

(2)

Authorize variances. The Board may also authorize, upon appeal in specific cases, such variance from the terms of the Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the Zoning Code will result in a practical difficulty or unnecessary hardship, so that the spirit of the Code shall be observed, public safety and welfare secured, and substantial justice done.

(Code 1977, § 20.02(2); Ord. No. 1283, § 1(1.40), 3-2-2005)

State Law reference— Zoning board of appeals, Wis. Stats. § 62.23(7)(e).

(a)

Membership. The Plan Commission shall consist of the Mayor, who shall be its presiding officer, the Director of Public Works, the Chairman of the Park and Recreation Commission (or in his absence, the Vice-Chairman, who shall serve as an alternate), an Alderman, a member of the Board of Education who is a resident of the City and three residents.

(b)

Appointment. The Alderman and the Board of Education members shall be appointed by a two-thirds vote of the entire Council each April. The mayor shall appoint one resident member annually each April for a term of three years. Such appointed members of the Commission shall commence their terms on May 1.

(c)

Powers and duties. The Plan Commission shall have such powers as are conferred upon it by law and shall perform such other further duties as are imposed upon it by the Council.

(Code 1977, § 20.02(2); Ord. No. 1283, § 1(1.32), 3-2-2005)

State Law reference— Plan Commission, Wis. Stats. § 62.23(1)—(3).

(a)

Intent. The Council may adopt rezonings and amendments to this Code. A rezoning shall refer to a change in the location of a district's lines and an amendment shall refer to a change in either a district's regulations or a change in any other provision of this Code.

(b)

Procedure. A rezoning or amendment may be initiated by the Council, City Plan Commission, or by petition of one or more property owners within the area proposed to be affected. The procedure for a property owner or lessee of property to initiate a rezoning or amendment is:

(1)

The owner or his agent or lessee shall meet with the Department of Community Development to explain his proposal, obtain procedures and an application form.

(2)

The applicant shall file the completed application form with the Department of Community Development and shall pay a filing fee as established by the Council.

(3)

Upon receipt of the application, the Department of Community Development shall schedule an informal public hearing before the Plan Commission at its next meeting and shall also schedule a date for a formal public hearing before the Common Council. Prior to such formal hearing, a Class 2 notice as provided in Wis. Stats. ch. 985 shall be published in the official newspaper of the City. In the case of a rezoning, owners of all properties lying within 200 feet of the area proposed to be rezoned will also be notified.

(4)

After holding the informal public hearing, the Plan Commission shall make a recommendation to the Council.

(5)

Following the formal public hearing and after careful consideration of the Plan Commission's recommendations, the Council shall vote on the passage of the proposed rezoning or amendment.

(6)

If an application for a proposed rezoning or amendment is not acted upon finally by the Council within 90 days of the date upon which such application was received by the Council, it shall be deemed to have been denied.

(Code 1977, § 20.03; Ord. No. 2014-14, § 2, 8-6-2014; Ord. No. 2023-02, § 1, 7-19-2023)

(a)

Abatement. Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of, any of the provisions of this Code shall upon conviction comply with the provisions of this Code. If upon conviction such person fails to comply, the City shall cause the violation to be corrected or abated, either through a public agency or by contract arrangements with private persons; and the costs of such correction or abatement shall be charged against the real estate upon which such violation exists, and shall become a lien upon the real estate, which may be assessed and collected as a special tax.

(b)

Penalty. At the discretion of the court, such person may also be required upon conviction to forfeit not less than $10.00 nor more than $100.00 for each offense. Each day a violation continues or occurs shall constitute a separate offense.

(c)

Bond. The Council may also require that a performance bond be obtained and filed with the City Clerk to insure compliance with terms or conditions imposed by the Council. Such bond shall be in an amount not less than $500.00 nor more than $25,000.00. In setting the amount of the bond, consideration should be given to the purpose of the bond, and any increased costs due to time or inflation, that may be incurred by the City in the event of noncompliance with this Code.

(Code 1977, § 20.04)

State Law reference— Zoning violations, Wis. Stats. § 62.23(8).

Annexation of territory to the City shall be accomplished as follows:

(1)

Receipt and distribution of petition. Immediately upon receipt of a petition for annexation, the City Clerk shall distribute a copy of the petition, including a written description and a map of the area proposed to be annexed, and a request for a report returnable to the Finance and Personnel Committee, on the impact of the proposed annexation to the following department heads, commissions, boards and officers:

a.

Director of Finance.

b.

Director of Public Works.

c.

City Assessor.

d.

Director of Community Development and City Plan Commission.

e.

Board of Education.

f.

Park and Recreation Commission.

g.

Chief of Police.

h.

Fire Chief.

i.

Water Department.

(2)

Report to council and committee referral. At the first regular Common Council meeting following the receipt of the annexation petition, the City Clerk shall report to the Council that the petition has been received; and the Council shall then refer the petition to the Finance and Personnel Committee.

(3)

Impact reports.

a.

When required. Each of the department heads, commissions, boards and officers enumerated above shall prepare a report on the impact of the proposed annexation, to be submitted to the Finance and Personnel Committee on or before the date designated by the Committee. The impact report shall contain at least the following information, where applicable:

1.

Additional personnel required and an estimate of the cost.

2.

Additional equipment required and an estimate of the cost.

3.

Additional buildings and an estimate of the cost.

4.

Additional improvements and an estimate of the cost.

5.

Additional miscellaneous cost estimates.

6.

A total cost estimate.

7.

An estimate of additional revenues to be generated and a forecast of the years in which such revenues will be realized.

8.

A recommendation for or against the proposed annexation and a statement of the reasons therefor.

b.

"No impact" reports. Where the area proposed for the annexed is so small that the impact will be insignificant, the department heads, commissions, boards, and officers may submit a "no impact" report.

(4)

Committee procedures, recommendation and council action. Upon receipt of the impact reports, the Finance and Personnel Committee shall review the reports, together with the opinion of the head of the planning function of the Wisconsin Department of Administration, and any other material pertinent to the proposed annexation to the Common Council in a timely manner and make a recommendation to the Common Council, so that an ordinance annexing the territory may be adopted by the Council not later than 60 days after the date of the filing of the petition for annexation with the City Clerk, or not later than 60 days after the referendum election, if favorable to the annexation. If the Finance and Personnel Committee opposes the annexation and the Council votes to reject the petition, no further action shall be taken thereon.

(5)

Zoning. All territory annexed to the City shall automatically become a part of the R-1 Single-family Residence District until definite boundaries and regulations are recommended by the Plan Commission and adopted by the Council; provided the Council may, in the annexation ordinance, temporarily designate the classification of the annexed area for zoning purposes. The Common Council shall adopt definite boundaries and district regulations within 90 days from the date of annexation for properties zoned other than R-1 Single-Family Residence District.

(Code 1977, § 20.27)

(a)

Purpose. To conserve and promote the public health, safety, convenience and general welfare, the City adopts and establishes the "Official Map of the City of Neenah, Wisconsin", in accordance with Wis. Stats., § 62.23(6). To promote efficient and economical development of the City, it is the further purpose of the Official Map to show the width and location of streets, highways and parkways (Street Development Plan) and to show the plan for extending the City streets with the extra-territorial jurisdiction of the City (street extension map).

(b)

Certificates to be filed. Immediately upon the adoption of any change or addition to the Official Map, the City Clerk shall file with the Register of Deeds of Winnebago County a certificate showing that the City made such change or addition.

(c)

Plan commission. The Plan Commission, when passing upon a land subdivision plat referred to it by the Council, shall not recommend such plat for approval unless it conforms with the Official Map as to street development plan and street extension map.

(d)

Building permits, plot plan. To preserve the integrity of the Official Map, no permit shall hereafter be issued for any building in the bed of any street, highway or parkway shown or laid out in such map except as provided in Wis. Stats., § 62.23(6)(d) and (g). The Building Inspector shall require each applicant to submit a plot plan for approval. Such plot plan shall show accurately the location of any proposed building with reference to any streets as shown on the Official Map. The Building Inspector may require such plot plan to be certified by a qualified surveyor if, without such a certificate he is unable to satisfy himself that such proposed building is not located within the bed of any proposed street, highway or parkway shown or laid out on such Official Map.

(Ord. No. 1353, § 1, 4-17-2007)