It shall be the duty of the building inspector, with the aid of the police department, to enforce the provisions of this chapter.

(Code 2006, § 17.27)

No building or structure, or any part thereof, shall hereafter be built within the city unless a permit thereof shall first be obtained by the owner or his agent from the building inspector. No construction shall be commenced prior to the issuance of such permit. Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work. See chapter 6.

(Code 2006, § 17.23)

No vacant land shall be used or occupied for other than an approved use in the zoning district in which it is located and no building hereafter moved into or relocated within the city shall be so occupied or used until a certificate of occupancy shall have been issued by the building inspector. Such certificate shall show that the building or land or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such certificate shall be issued only when the building or land and the proposed use thereof conform with all the requirements of this chapter. No such certificate shall be required for any property for which a valid zoning permit providing for such use or occupancy exists.

(Code 2006, § 17.24(1))

Application for such certificate shall be made to the building inspector, in writing, on such form and containing such information as the applicant deems sufficient to advise the inspector of his request. After reviewing such application, the inspector may require such additional information as he deems necessary.

(Code 2006, § 17.24(2))

The board of zoning appeals is hereby authorized to hear and rule on appeals from the denial of such certificates by the building inspector and, upon such terms and with such conditions as it deems proper, may authorize the building inspector to issue a temporary certificate for a limited period of time.

(Code 2006, § 17.24(3))

A schedule of permit fees is available in the office of the building inspector.

(Code 2006, § 17.24(4))

The board of appeals is created in chapter 2, article IV, division 3.

(Code 2006, § 17.25(1))

(a)

Appeals to the board of zoning 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 officers. Such appeal shall be taken within 30 days from either the date of actual notice of said decision to the person aggrieved or from the date of the mailing of a copy of said decision to him, whichever is earlier, by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. Filing with the board shall be accomplished by filing with the city clerk.

(b)

The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(c)

The board shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof by publication once in the city's official newspaper, said publication to be not less than five days before said hearing nor more than 15 days before said hearing and shall give notice to the parties in interest and shall decide the same within a reasonable time.

(d)

A filing fee of $200.00 shall accompany each appeal and no appeal shall be deemed properly filed unless the fee is paid.

(Code 2006, § 17.25(2))

The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official.

(2)

To hear and decide special exceptions to the terms of this chapter upon which the board is required to consider.

(3)

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

(4)

Permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter for such public utility purposes which are reasonably necessary for public convenience and welfare.

(5)

The board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the administrative official. The concurring vote of the majority of the members of the board present shall be necessary to reverse any order, requirement or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.

(Code 2006, § 17.25(3))

In addition to the foregoing, the board shall have the following specific powers:

(1)

To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period of not more than six months.

(2)

To grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of the ordinance from which this chapter is derived.

(3)

To permit the temporary storage, as defined herein, of an item otherwise prohibited under section 40-733.

(4)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the official map accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout on the aforesaid map.

(5)

The board shall have the power to call on any other city department for assistance in the performance of its duties and it shall be the duty of such other department to render such assistance as may be reasonably required.

(Code 2006, § 17.25(4))

Except as specifically provided, no action of the board shall have the effect of permitting in any district uses prohibited in such district; nor shall such board be permitted to take any action which would, in effect, create a buildable lot smaller than the minimum lot size or area otherwise required by the city; nor may such board rule on conditional uses or overrule council action.

(Code 2006, § 17.25(5))

Whenever the public necessity, convenience, general welfare or good zoning practice require, the city may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

(Code 2006, § 17.26(1))

A change or amendment may be initiated by the council, the plan commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(Code 2006, § 17.26(2))

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the city clerk and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(1)

A plot plan 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 200 feet of the area proposed to be rezoned.

(2)

The owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Additional information required by the plan commission.

(4)

A fee of $200.00 for all associated public notices shall accompany such application.

(Code 2006, § 17.26(3))

The plan commission shall hold a public hearing as provided for in Wis. Stats. § 62.23(7)(d) and review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the common council.

(Code 2006, § 17.26(4))

After careful consideration of the plan commission recommendations, the common council shall vote on the passage of the proposed change or amendment. If the common council denies the proposed change or amendment, a similar petition for such change or amendment may not be submitted for a period of one year.

(Code 2006, § 17.26(5))

In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20 percent or more 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 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 members of the council voting on the proposed change.

(Code 2006, § 17.26(6))