Appointment. The Common Council shall designate the Zoning Administrator and as the administrative enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter, except as otherwise provided in this chapter.

Duties. In enforcing and administering this chapter, the Administrator shall perform the following duties:

Authority. In the enforcement of this chapter, the Administrator shall have the power and authority for the following:

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. The Plan Commission is authorized to issue a conditional use permit after review and public hearing, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. 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 chapter, its functions are primarily recommendatory to the Common Council pursuant to guidelines set forth in this chapter as to various matters and, always, being mindful of the intent and purposes of this chapter. 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 Plan Commission shall have the powers to conduct and hold public hearings on all proposed amendments to the City Zoning Ordinance as provided in § 62.23(7)(d), Wis. Stats.

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 said Council, has ultimate authority to grant planned unit development applications, make changes and amendments in zoning districts and the zoning map and to amend the text of this chapter. The Common Council may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter.

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 chapter. See Article XIV of this chapter for detail provisions.

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

Application. All applications for a land use 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, 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.

Application; dimensions. All dimensions shown relating to the location and size of 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.

Issuance or denial. Except as otherwise provided in these zoning regulations, the Zoning Administrator shall issue or refuse to issue a land use permit within 10 days after receipt of an application therefor. Refusal to issue a land use permit shall be given in writing, with the reasons for such refusal.

Proper applicants; in general. The following shall be considered proper applicants for a land use permit or certificate of compliance under the terms of these zoning regulations:

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

Time limitations. All land use permits granted under the terms of this chapter shall be valid for 12 months. Land use permits shall expire on the first anniversary date from their issuance. In all such cases where a permit has become null and void, a new application must be filed for a new land use permit before any construction can be commenced at such location. If a certificate of compliance has not been issued for the property by the expiration date of the land use permit, application for a new land use permit must be made in order to continue work on the premises involved.

Conditions for refusal; appeal procedure. The Zoning Administrator or City Engineer shall not issue a land use 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 Administrator or City Engineer may appeal to the Zoning Board of Appeals, which has power in a specific case, by the vote of a majority of its members, to grant a permit for a building or such street, highway, parkway, park or playground, which will as little as practicable increase the cost of opening such street, highway, parkway, park or playground and such board may impose reasonable requirements as a condition of granting such permit, which requirements shall be designed to promote the health, convenience, safety or general welfare of the City. Such board shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the planned street, highway, parkway, park or playground.

Fees. Prior to issuing a land use permit, the Zoning Administrator shall collect from the applicant to defray the cost to the City of processing the application, a permit fee.

Additional requirements. In addition to other requirements of this chapter, no building, land use or moving permit shall be issued unless:

Required. No owner shall use or permit the use of any commercial building or industrial building or premises or multifamily dwelling hereafter constructed, changed, converted, remodeled, altered, repaired, enlarged, or moved until a certificate of occupancy has been issued by the City of Prescott. Such certificate shall show that such building or premises, and the proposed use thereof, are in conformity with the ordinances of the City.

Application for certificate of occupancy. Every application for a building permit shall be deemed to be an application for an certificate of occupancy. Every application for a certificate of occupancy for a new use or change in use of the building or premises shall be made directly to the office of the Zoning Administrator. The fee for either application shall be as prescribed by the fee schedule prescribed by the Common Council.

Issuance of certificate of occupancy. No certificate of occupancy for a commercial building or industrial building, multifamily dwelling or portion thereof, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises has been inspected by the Building Inspector and Fire Chief or his/her designee.

Site plan approval. All applications for land use permits for any construction, reconstruction, expansion or conversion, (including manufactured and mobile home communities and subdivisions) 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.

Application. The applicant for a land use 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 chapter.

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 10 days. The Plan Commission shall review the application and may refer the application and plans to any expert consultants selected by the Common Council to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 40 days of its receipt of the application, the Commission shall authorize the Zoning Administrator to issue or refuse a land use permit.

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

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 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 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.

Rezoning application. A fee per application (including repetitions of previous applications), prescribed by the City's fee schedule. The fees will be used to reimburse the City for administrative costs, publication cost, attorney and engineer's fees incurred in relation to the application and hearing thereon. Cost over the prescribed fee in the City's fee schedule will be billed.

Conditional use permit application. All conditional use applications shall be filed with the Zoning Administrator along with a filing fee prescribed by the City's fee schedule. The filing fee shall be used to reimburse the City for publication costs and attorney's fees incurred in relation to the application and hearings thereon. The Zoning Administrator, upon receipt of an application and the fee provided herein, shall immediately refer it to the Plan Commission for consideration. Cost over prescribed fee in the City's fee schedule will be billed.

Variance application. All applications for special exceptions and variances and appeals shall be filed with the City Clerk along with a filing fee prescribed by the City's fee schedule. The filing fee shall be used to reimburse the City for publication costs and attorney's fees incurred in relation to the application and hearings thereon. Cost over prescribed fee in the City's fee schedule will be billed. The City Clerk, upon receipt of an application or appeal and the fee provided herein, shall immediately refer it to the Zoning Board of Appeals for consideration.

Building permit application. The fees for building permits shall be established in Chapter 259, Building Construction, of this Code.

Land use permit and certificate of occupancy applications. An application fee shall be paid as prescribed by the City's fee schedule.

Improvement review fee.

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

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, the resident agent or occupant of the premises, the Common Council, the Zoning Administrator or the City Attorney may institute appropriate legal action or proceedings.

Penalties.