Administration of this title shall be the responsibility of the city administrator or his designee. Acting in this capacity, his title shall be zoning officer. The duties of the zoning officer shall be as follows:

A.

To meet with interested property owners, developers, citizens and any other party who contemplates action which comes under the jurisdiction of Title 20 and to explain the intent and provisions of this chapter.

B.

To prepare reports and findings of fact as requested by the plan commission to insure provisions of planned unit developments and conditional uses are complied with during construction and to make necessary inspections and reports to the plan commission as it may require in relation to such developments.

C.

To examine all applications for permits required under this chapter and approve such permits only after appropriate review by the plan commission and common council as required and where there is compliance with the provisions of this title. Permits and certificates requiring a conditional use permit shall be referred to the plan commission. Permits for a variance shall be referred to the board of zoning appeals for action thereon, and shall be issued only upon order of the board of zoning appeals.

D.

To issue, stop, cease and desist order requiring correction of all conditions found to be in violation of the provisions of Title 20.

E.

To make the interpretations of the provisions of this title subject to the review of the board of zoning appeals.

(Ord. 1127 (part), 1998).

Any person, corporation, firm or agent thereof, or a public official of the city wishing to petition for a change in this title or petition for a zoning amendment, as established by this title or seek relief from the provisions of this title or any other way seeking modification of the zoning regulations shall be required to follow the steps and procedures as contained herein.

(Ord. 1127 (part), 1998).

A.

This title requires that before any action can be taken on a conditional use permit, a zoning amendment or a planned unit development, the petitioner or his agent shall meet with the zoning officer to discuss the appropriate procedures. In a case of a zoning amendment involving a planned unit development, commercial or industrial request or a tract of land more than two acres in size, the petitioner may request or be required by the zoning officer to have a preapplication meeting with the planning staff.

B.

The purposes of the preapplication meeting are as follows:

1.

To explain to the petitioner the provisions of this title and other applicable city codes and ordinances;

2.

To determine whether or not any other city actions, such as subdivision, vacation or annexation are necessary for the development of this land;

3.

To determine exactly what the petition should contain and what procedures should be followed prior to the setting of a hearing;

4.

To discuss the compatibility of a petition with the city's officially adopted comprehensive plan and official maps;

5.

To determine if the petitioner has made necessary investigations to insure that this property can be developed properly upon obtaining the classification he seeks;

6.

To acquaint the developer with the technical planning assistance available;

7.

To save unnecessary development costs.

C.

Information Needed for Preapplication Conference. The petitioner shall have a legal description and map of his property showing the surrounding land uses at the time of his meeting with the zoning officer or planning staff. Other information, such as soil types, official maps, and other data related to the site suitability for its development may be required.

(Ord. 1127 (part), 1998).

Upon satisfying the preapplication requirements, the petitioner may then proceed to file a petition to amend the zoning map or obtain a conditional use permit with the city clerk (city administrator). This petition must include the following to be entitled to consideration:

A.

A petition properly filled out, on forms provided by the city, must be submitted;

B.

In cases of conditional uses or planned unit developments, a detailed statement as to the proposed use and development plans for the property must be submitted;

C.

A scaled map showing the dimensions of the property and the current use of the property and adjacent lands must be submitted;

D.

It may be required that the petitioner stake his property, locating his property pins for verification of lot size and current setback conditions;

E.

Appropriate fees as required by this title must be submitted with the petition.

(Ord. 1127 (part), 1998).

When a request for occupancy permit has been denied, or a building permit has been denied, or where enforcement action has been taken by the city to prohibit activity or land use, then the property owner affected may appeal such action to the board of zoning appeals.

A.

In cases of variances the undue hardships that may exist which would qualify the petitioner for variance must be specified. The hardship must be peculiar to the parcel in question and different from that of other parcels, not one which affects all parcels similarly. Generally, any hardship arises because of the unusual shape, topography or elevation of a lot or because the property was subdivided before the passage of the zoning ordinance and is too small to accommodate a structure of reasonable design if all area, yard and setback requirements are observed. Loss of profit or pecuniary hardship is not in and of itself, grounds for a variance. Self-imposed hardships are also not grounds for a variance.

B.

Filing of Appeals. An appeal (written on the appropriate form) must be made within thirty days of the action taken by the zoning officer. The applicant must file a notice of appeal with the zoning officer from whom the appeal is being taken and with the board of zoning appeals. The notice shall be made on the form provided for that purpose. The zoning officer from whom the appeal is taken shall be responsible, at the direction of the board of zoning appeals, for providing any applicant with the proper forms, and for instructing the parties concerned on the proper manner for completing and filing the forms. All information required thereon shall be completed before an appeal is considered filed.

C.

Fees. A fee as specified in Section 20.06.070 shall be deposited with the city administrator for each petition filed.

D.

Amendments to Appeals. Appeals may be amended fifteen days prior to public hearing thereon.

E.

Notice to Applicant. The applicant shall be notified by letter within five days of the hearing on his application or his failure to complete his application properly.

F.

Hearing. The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as notice due to the parties in interest, and decide the same within a reasonable time.

G.

Stays. An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning officer from whom the appeal is taken certified to the board of zoning appeals after the notice is filed with him, that by reason of facts as stated in the certificate, a stay would, in his opinion, cause peril of life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the common council or a court of record.

H.

Judicial Review. All final administrative decisions of the board of zoning appeals herein shall be subject to judicial review pursuant to the provisions of the administrative review act, and all amendments and modifications thereof.

(Ord. 1127 (part), 1998).

Upon filing with the city clerk an application for an appeal or variance, the board of zoning appeals shall fix a reasonable time (not more than sixty days from the filing date) for a public hearing. A Class 2 notice pursuant to Chapter 985 Wis. Stats. shall be published in the official newspaper of the city, specifying the date, time and place of the hearing and the matters to come before the board. Notices shall also be mailed to the parties in interest as determined by the board of zoning appeals. The board shall consider the information presented at the hearing and any other information it deems relevant to the appeal in rendering its decision. Appeals from the decision of the board of zoning appeals shall be taken to circuit court.

(Ord. 1127 (part), 1998).

The common council shall refer every proposed amendment to the zoning ordinance to the plan commission for a report and recommendation. For any amendment concerning the floodplain district boundary of development or use within the district, a copy of the proposed amendment and scheduled public hearing must be sent to the district office of the department of natural resources and the federal insurance administration. If the common council does not receive a report and recommendation from the plan commission within sixty days of the submitting of the proposed amendments, the council may proceed with the necessary hearings. A public hearing will be held by the common council concerning any proposed amendment after a Class 2 notice is published in the city's official newspaper in accordance with Chapter 985 of the Wisconsin Statutes. The common council may adopt amendments to this title after public notice and hearing, and after receipt of recommendation from the plan commission. In the event that a valid protest petition objecting to an amendment to the zoning ordinance or map is filed with the city clerk prior to the conclusion of the public hearing by the common council then it shall require a favorable three-fourths vote of the council to approve the proposed amendment. A valid protest petition shall require the duly signed and acknowledged signatures of the owners of twenty percent or more of the land area included in the proposed amendment, or by owners of twenty percent or more of the area of the land immediately adjacent extending one hundred feet therefrom, or by the owners of twenty percent or more of the land directly opposite thereto extending one hundred feet from the street frontage of such opposite land.

(Ord. 1127 (part), 1998).

The following schedules establishes the fees required by the city to process various zoning petitions:

A.

Any person, firm, corporation or board who may hereafter file any petition addressed to the commission or board, petitioning for changes in zoning regulations or any variance of zoning regulations provided by law on a single tract or parcel of real estate not separated or divided by street or alley, shall, at the time of filing the petition, pay a permit fee to the city administrator to defray the necessary costs of publication and expenses incident to the hearing of the matter in accordance with a fee schedule adopted and revised periodically by resolution of the common council:

1.

Rezone to change classification;

2.

Conditional Use Permit;

3.

Variance;

4.

Appeal;

5.

PUD.

(Ord. 1127 (part), 1998).