This general administration and enforcement article shall apply to the administration and enforcement of this chapter except to the extent that specific administration and enforcement provisions are included elsewhere in this chapter.

The administrative and enforcement officer for the provisions of this chapter shall be a zoning administrator appointed by the city council together with such assistants, if any, the council deems necessary. In addition to enforcement of this chapter generally, the zoning administrator shall the authority and duty to:

(1)

Record all permits issued, inspections made, work approved and other official actions.

(2)

Inspect all structures, lands and waters as often as is necessary to ensure compliance with this chapter.

(3)

Investigate all complaints made relating to the location of structures and the use of structures, lands and waters.

(4)

Give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises.

(5)

Report uncorrected violations to the city attorney and assist him in the prosecution of violations of this chapter.

(6)

Prepare agendas for the city plan commission and zoning board of appeals including processing of applications for action by those bodies.

(7)

Issue zoning permits and occupancy certificates upon application for the erection or use of a structure, land, air, or water where such erection or use complies with the provisions of this chapter.

(8)

Permit temporary events for periods not to exceed ten days for specific purposes such as: temporary carnivals, sports activities over public ways, church bazaars, charity fund raisers, and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that the use or operation and any incidental temporary structures or tents are in conformance with all other ordinances and codes of the city.

(9)

Enter premises, public or private at any reasonable time for any proper purpose to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119, except in case of emergency.

(10)

Revoke any zoning permit or occupancy certificate upon reasonable cause or question as to proper compliance and to issue cease and desist orders requiring the cessation of any activity which is in violation of this chapter, such revocation to be effective until reinstated by the zoning administrator or the board of appeals.

(11)

Commence any legal proceedings in the name of the city and with the authorization of the city council necessary to enforce the provisions of this chapter.

(12)

Recommend to the plan commission any additional use regulations the officer shall deem necessary to make the operation of this chapter more effective.

(Prior Code, § 17.75)

(a)

Required. No new building and no existing building which is to be remodeled or relocated shall be issued a building permit until a zoning permit is issued certifying that such construction or change would comply with the provisions of this chapter, based upon the information and plans supplied to the zoning administrator as required hereunder, occupancy or use of land, water or buildings and structures shall be prohibited until an occupancy certificate has been issued certifying that all appropriate provisions of this chapter have been met.

(b)

Procedure. Applications for zoning permits and occupancy certificates shall be made to the zoning administrator on forms furnished by the officer prior to or at the same time as an application for a building permit or prior to the commencement of any use not involving a building permit and shall include the following where pertinent and necessary for proper review:

(1)

A statement by the applicant as to the intended use of the premises and buildings thereon.

(2)

An accurate map of the property drawn to a reasonable scale and properly dimensioned showing:

a.

The boundaries of the property involved, and address including subdivision lot and block number or metes and bounds description.

b.

The location of the centerline of any abutting streets, existing highway access restrictions, proposed street access points and the locations of off-street parking, loading areas and driveways.

c.

The location on the lot of any existing buildings, proposed additions or proposed new buildings, including the measured distances between such buildings and from the lot lines and from the center of any abutting street to the nearest portion of such building.

d.

The proposed floor elevation of any proposed buildings in relation to the existing or established grade of any abutting streets and the general direction of surface drainage on the lot including the defined location of any defined drainage way; such elevation shall be referenced to mean sea level datum.

e.

The high water line of any stream or lake which abuts the property or otherwise directly affects it by flooding.

f.

The boundaries of soil types shown as existing on the property on USDA Soil Conservation Service Maps where these are required by the zoning administrator.

(3)

Water supply. Where the proposed use involves human occupancy and connection is not to be made to municipal water service, satisfactory evidence that a safe and adequate supply of pure water is to be provided and the location of any well for that purpose shown on the above-referenced map.

(4)

Sewage service. Where the proposed use involves human occupancy and connection is not to be made to the municipal sewer system, satisfactory evidence from the county sanitarian must be provided that an "on-site" system will be provided. Location of the proposed system must be shown on the map.

(c)

Permit issuance. Upon determination of compliance by the zoning administrator of the applicant's request with all applicable provisions of this chapter, including where necessary approval by the plan commission of building site and operational plans and upon payment of the proper fee, a zoning permit shall be issued. The applicant shall post such permit in a conspicuous place at the site.

(d)

Final inspection. Within 72 hours after the notification of the completion of the erection, alteration or relocation of the building, the zoning administrator shall make an inspection of the premises and any building thereon and if the building and the intended use thereof and the proposed use of the premises comply with the requirements of this chapter, an occupancy certificate shall be issued.

(e)

Expiration. If within 12 months of the date of application for a zoning permit, no occupancy certificate has been issued, any zoning permit related thereto shall lapse and the zoning administrator shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without proper authority. Upon showing of valid cause, the zoning administrator may grant an extension of such permit for a period not to exceed six months.

(f)

Temporary occupancy certificate. Pending the issuance of a regular permit, a temporary permit for a nonresidential use may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.

(Prior Code, § 17.76)

Owners of the properties or their agents, for their convenience and without actually applying for a zoning permit, upon paying a separate fee therefor, may request the zoning administrator to issue a zoning compliance opinion regarding whether the existing or prospective use or construction thereon of that property complies with, or is likely to comply with, the terms of this chapter. The zoning administrator may condition such statements as not covering aspects that are, in the opinion of the officer, speculative or indeterminate from the information at hand. Opinions under this section shall be issued as soon as reasonably practicable following request based on then current work flow and manpower within the zoning administrator's office.

(Prior Code, § 17.77)

Fees to defray the cost of administration, map preparation, inspections, public notices and recordkeeping and other city services under this chapter shall be as provided in the city fee schedule.

(Prior Code, § 17.78)

Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, forfeit not less than $10.00 or more than $200.00 for each offense, together with the costs of prosecution, and, upon default in payment, maybe imprisoned in the county jail until the forfeiture and costs are paid for a period not exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense. Notwithstanding such forfeiture or imprisonment, action may be brought to enjoin, remove, or vacate any use, erection, moving, or alteration of any building or use in violation of this chapter.

(Prior Code, § 17.79)

The city council has established a board of appeals for the city pursuant to Wis. Stats. §§ 61.35 and 62.23(7)(e).

(Prior Code, § 17.70(1))

(a)

The board of appeals shall consist of five members appointed by the city mayor, subject to confirmation by the city council, for three years, except that of those appointed one shall serve for one year, two for two years, and two for three years. Not more than one city council member may be a member of the board of appeals.

(b)

The mayor shall appoint an alternative member for a term of three years, 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.

(Prior Code, § 17.70(1))

The members shall serve without compensation and shall be removable by the mayor for cause upon written charges and after public hearing. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(Prior Code, § 17.70(1))

The mayor shall designate one of the members as the chairperson. The board of appeals may employ a secretary and other employees.

(Prior Code, § 17.70(1))

The board of appeals shall adopt rules for its government and procedure.

(Prior Code, § 17.70(2))

(a)

Meetings of the board of appeals shall be held at the call of the chairperson and at such other times as the board of appeals may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(b)

The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of appeals and shall be a public record.

(Prior Code, § 17.70(2), (3))

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, council or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of appeals, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken. The board of appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties of interest, and shall decide the same within 90 days of receiving a notice of appeal.

(Prior Code, § 17.70(4))

In addition to all other authority granted and duties assigned to the board of appeals under this chapter and state law, the board shall have the power and authority to:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator.

(2)

Hear and decide special exceptions to the terms of this chapter upon which the board of appeals is required to pass.

(3)

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 peculiar to a specific lot or tract of land, 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)

Grant a permit for a temporary building for commerce or industry in a residence district which is incidental to the residential development; such permit to be issued for a period of not more than one year.

(6)

Grant a permit for the extension of a district boundary for a distance of not more than 25 feet only where the boundary of a district divides a lot in a single ownership at the time of the adoption of this chapter.

(7)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the district map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on the map.

(8)

Call on any other city department for assistance in the performance of its duties (and it shall be the duty of such other departments to render such assistance as may be reasonably required).

(Prior Code, § 17.71)

The board of appeals 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 zoning administrator. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision, or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to affect any variation in the requirements of this chapter.

(Prior Code, § 17.71(5))

In every case where a variance from this chapter has been granted by the board of appeals, the minutes of the board shall affirmatively show that a practical difficulty or unnecessary hardship exists and the records of the board shall clearly show in what particular and specific respects a practical difficulty or an unnecessary hardship is created.

(Prior Code, § 17.71(3))

Except as specifically provided, no action of the board of appeals shall have the effect of permitting in any district uses prohibited in such district.

(Prior Code, § 17.71(7))

In exercising its duties and authority, the board of appeals may in appropriate cases establish suitable conditions and safeguard in harmony with the general purposes and intent of this chapter.

(Prior Code, § 17.71(8))