This title contemplates an administrative officer entitled the "zoning official" to administer, and an enforcement officer, here called the building inspector to 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 zoning code require review and recommendation by the planning commission and ultimate action by the common council. A zoning board of appeals is provided to ensure proper administration of this title and to avoid arbitrariness.

(Prior Code, § 13-1-240; Code 1998, § 17.76.010; Ord. No. 346, § 1(part), 1997)

A.

Appointment. The common council shall designate the zoning official as the administrative official officer for the provisions of this title. The duty of the zoning official shall be to interpret and administer this title.

B.

Duties. In administering this title, the administrator shall perform the following duties:

1.

Receive, file and process for action all applications for conditional uses, variances and amendments to this title which are filed in the zoning office;

2.

Initiate, direct and review, from time to time, a study of the provisions of this title and make reports of the recommendations to the planning commission for investigation and appropriate action;

3.

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this title and as required by the common council;

4.

Consult with and direct, as required, the work of the building inspector.

(Prior Code, § 13-1-241; Code 1998, § 17.76.020; Ord. No. 346, § 1(part), 1997)

A.

Appointment. The common council shall designate the building inspector as the enforcement officer for the provisions of this title. The duty of the building inspector shall be to enforce this title, and to issue all permits and perform all inspections required by this title.

B.

Duties. In enforcing this title, the building inspector shall perform the following duties:

1.

Issue the necessary building permits and occupancy permits required by the provisions of this title, provided its provisions have been complied with;

2.

Keep an accurate record of all permits, numbered in the order of issuance;

3.

In case of any finding of a violation of this title, notify in writing the actual violator where known, the owner of the property on which the violation has taken place and in extreme cases the common council, indicating the nature of the violation and the action necessary to correct it;

4.

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this title.

C.

Authority. In the enforcement of this title, the building inspector shall have the power and authority for the following:

1.

At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof;

2.

In the name of the city and with authorization of the common council commence any legal proceedings necessary to enforce the provisions of this title or the building code, including the collection of forfeitures provided for herein;

3.

Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this title, such revocation to be in effect until reinstated by the zoning official or the zoning 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.

(Prior Code, § 13-1-242; Code 1998, § 17.76.030; Ord. No. 346, § 1(part), 1997)

A.

Planning Commission. The planning 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 planning commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this title, its functions are primarily recommendatory to the common council pursuant to guidelines set forth in this title, as to various matters and, always, being mindful of the intent and purposes of this title. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing. The planning commission shall have the powers to conduct and hold public hearings on all proposed amendments to the city zoning code as provided in Wis. Stats. § 62.23(7)(d).

B.

Common Council. The common council, governing body of the city, subject to recommendations by the planning commission and the holding of public hearings by the council, has ultimate authority to grant planned unit development applications, make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map and to amend the text of this title. The common council may delegate to the planning commission the responsibility to hold some or all public hearings as required under this title.

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 title. See Chapter 17.12 for detail provisions.

(Prior Code, § 13-1-243; Code 1998, § 17.76.040; Ord. No. 346, § 1(part), 1997)

A.

Permit Required. No building shall be erected, moved or structurally altered until a building permit therefor shall have been applied for and issued.

B.

Application. All applications for a building permit shall be accompanied by a location sketch in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building, any changes in grade, the lines within which the building shall be erected, altered or moved, the existing or intended use of each building, or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of these zoning regulations.

C.

Application; Dimensions. All dimensions shown relating to the location and size the lot shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

D.

Issuance or Denial. Except as otherwise provided in these regulations, the building inspector shall issue or refuse to issue a building permit within ten days after receipt of an application therefor. Refusal to issue a building permit shall be given in writing, with the reasons for such refusal.

E.

Proper Applicants; In General. The following shall be considered proper applicants for a building permit or certificate of compliance under the terms of these zoning regulations:

1.

Record title owner under properly recorded instrument of conveyance;

2.

Owner under properly recorded land contract;

3.

Owner under written contract of sale, agreement to sell, earnest money agreement, or similar real estate agreement;

4.

Duly authorized agent for any of the above. If a contractor, he/she shall be state licensed.

F.

Identification. The zoning official, clerk or building inspector may request proper proof of the applicant showing that he/she is a proper applicant, under the terms of this title. His/her application for a building permit or certificate of compliance shall not be considered filed until such time as the requested proof is filed with the zoning official's office. The zoning official may revise the form of application for land use permit and certificate of compliance to conform with the terms of this title. If the applicant is not the fee simple owner of the property involved, the name of the owner of any lienholder shall be included in the application.

G.

Time Limitations. Any land use permit granted under this title shall become null and void within 24 months after it is issued, if construction on the property for which the permit is granted has not been commenced within the 24-month period. In all such cases where a permit has become null and void, a new application must be filed for a new building permit before any construction can be commenced at such location. Building permits shall expire on the second anniversary date from their issuance.

H.

Conditions for Refusal; Appeal Procedure. The zoning official or building inspector shall not issue a building permit for any property, the improvement of which might tend to interfere with the exterior lines of planned new streets, highways, parkways, parks or playgrounds, or the exterior lines of planned widening or extending of existing streets, highways, parkways, parks or playgrounds. Any person who feels aggrieved by the decision of the zoning official or building inspector may appeal to the zoning board of appeals.

I.

Fees. Prior to issuing a building permit the zoning official or clerk shall collect from the applicant, to defray the cost to the city of processing the application, a permit fee.

J.

Additional Requirements. In addition to other requirements of this title, no building, land use, or moving permit shall be issued unless sanitary sewer and water is available or installation thereof has been approved by the council.

(Prior Code, § 13-1-244; Code 1998, § 17.76.050; Ord. No. 346, § 1(part), 1997)

No vacant land shall be occupied or used and no building erected, altered or moved shall be occupied until a final inspection has been performed by the building inspector. Upon written request from the owner, the building inspector after inspection, shall issue a certificate of compliance certifying the extent and kind of use made of the building or premise and whether or not such use conforms to the provisions of this title.

(Prior Code, § 13-1-245; Code 1998, § 17.76.060; Ord. No. 346, § 1(part), 1997)

A.

Site Plan Approval. Applications for permits for any construction, reconstruction, expansion or conversion of mobile home parks, subdivisions, planned unit developments (PD), manmade lakes or ponds, and parking lot, shall require site plan approval by the planning commission and all other applications approval by the building inspector in accordance with the requirements of this section.

B.

Application. An applicant for a building permit shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the planning commission or building inspector to determine whether the proposed application meets all requirements applicable in this title.

C.

Administration. The zoning official shall make a preliminary review of the application and plans, refer them, along with a report of findings to the planning commission within ten days. The planning commission shall review application and may refer the application and plans to any expert consultant selected by the council to advise whether plans and application meet all requirements applicable thereto in this title. Within 60 days of receipt of application, the planning commission shall authorize the zoning official to issue or refuse building permit.

D.

Requirements. In acting on any site plan, the planning 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 hazards 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 shall also be considered by the planning commission. The planning commission may require that those portions of all front yards, rear yards, and side yards not being 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 planning commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the city engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the planning 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.

(Prior Code, § 13-1-246; Code 1998, § 17.76.070; Ord. No. 346, § 1(part), 1997)

The fees applicable for this title, as approved by the common council, are listed on the fee schedule posted in the city clerk's office.

(Prior Code, § 13-1-247; Code 1998, § 17.76.080; Ord. No. 346, § 1(part), 1997)

A.

Violations. It is unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this title. In case of any violation, the common council, the zoning official, the building inspector or the planning commission may cause appropriate action or proceeding to be instituted to enjoin a violation of this title or cause a structure to be vacated or removed.

B.

Remedial Action. Whenever an order of the zoning official or building inspector has not been complied with within 30 days after written notice has been mailed to the owner, the resident agent or occupant of the premises, the common council, the zoning official, the building inspector or the city attorney may institute appropriate legal action or proceedings.

C.

Penalties. Any person, firm or corporation who fails to comply with the provisions of this title or any order of the zoning official, etc., issued in accordance with this title or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Chapter 1.24.

(Prior Code, § 13-1-248; Code 1998, § 17.76.090; Ord. No. 346, § 1(part), 1997)