Grant of power. The Common Council adopted this chapter to promote the health, safety, morals, and general welfare of the community; to regulate and restrict by ordinance, subject to § 62.23(7)(HM), Wis. Stats., the height, number of stories and size of buildings and other structures; the percentage of lot that structures may occupy; the size of yards, courts and other open spaces; subject to § 66.10015(3), Wis. Stats., the density of population; and the location and use of buildings, structures and land for trade, industry, mining, residence, or other purposes if there is no discrimination against temporary structures. The public shall liberally construe this chapter and any ordinance, resolution, or regulation enacted or adopted under this chapter in favor of the City and as minimum requirements adopted for the purposes stated. No person may deem this chapter a limitation of any power granted elsewhere.

Effective date. This chapter shall take effect and be in force from and after its passage and publication.

District transitions. The zones listed below generally transitioned to the new zoning districts as listed in Table 0-1: Transitional District Table. However, some districts may shift due by Council resolution over time.

Districts. The Common Council may divide the City into districts of such number, shape, and area as it may deem best suited to carry out the purposes of this section. Within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of building, and the use of land throughout each district, but the regulations in one district may differ from those in other districts. No ordinance enacted or regulation adopted under this subsection prohibits forestry operations by generally accepted forestry management practices, as defined under § 823.075(1)(D), Wis. Stats. The Council may establish mixed-use districts that contain any combination of uses, such as industrial, commercial, public, or residential uses, in a compact urban form. The Council may, with the consent of the owners, establish special districts, called planned development districts, with regulations in each, which, in addition to those provided in Subsection E, will, over time, tend to promote the maximum benefit from coordinated area site planning and diversified location of structures and which may have mixed compatible uses. Such regulations shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economical design, and location of public and private utilities and community facilities, as well as ensure adequate standards of construction and planning. Such regulations may also provide for land development in such districts with one or more principal structures and related accessory uses, and in planned development districts and mixed-use districts, the regulations need not be uniform.

Purpose. The Common Council adopts these regulations following the comprehensive plan designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; encourage the protection of groundwater resources; prevent the overcrowding of land; avoid undue concentration of population; facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to preserve burial sites, as defined in § 157.70(1)(B), Wis. Stats. They make these regulations with reasonable consideration, among other things, of the character of the district and its peculiar suitability for uses to conserve the value of buildings and encourage the most appropriate use of land throughout such City.

Minimum requirements. Every person shall hold the provisions of this chapter as the minimum requirements adopted for promoting public health, safety, morals, comfort, prosperity, and general welfare. The Common Council designed them to legally implement and influence the City of South Milwaukee, Wisconsin's development, per the powers granted under the provisions of § 62.23, Wis. Stats.

Compliance. All lots created or modified, uses of land, and structures erected, located, moved, reconstructed, extended, or structurally altered must comply with the provisions of this zoning chapter. In no case shall there be more than one principal building on one lot except where specifically allowed.

Conflicting provisions. It is not intended by this chapter to interfere with, abrogate, or annul any existing easements, covenants, or agreements between parties, nor to impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued under law, relocating to the use, occupancy, location and height of buildings or premises or require larger open spaces than are imposed or required by such provisions of law or ordinance or by such rules, regulations or permits, the provisions of this chapter shall control.

Language and interpretation.

Map. The Common Council establishes the boundaries of zones as shown on a map entitled Zoning Map, City of South Milwaukee, Wisconsin, as a part of this chapter. All notations, references, and other information shown on it shall be as much a part of this chapter as if the matters and things set forth by said map were all fully described within this chapter. The City may establish this map as a layer of its geographic information system (GIS).

Forms. The Zoning Administrator may determine the specific form of application for all zoning procedures unless specifically noted within the zoning chapter. All applications must include the names, addresses, phone numbers, and electronic mail addresses of all owners of record of the subject property and all materials reasonably required to evaluate compliance with this zoning chapter.

Availability. The Zoning Administrator shall make all application forms and submittal requirements available to the public.

Fees. The Common Council shall establish application fees to cover the cost of providing hearing notices and other costs related to reviewing and processing applications. These fees may include late fees, penalties, and expedited processing fees.

Completeness, accuracy, and sufficiency. The Zoning Administrator may only process an application if the applicant submits it using the required number and form and includes all the needed information and fees.

Notices. Whenever the provisions of this zoning chapter require that the Zoning Administrator publishes a notice, they must publish the notice per Ch. 985, Wis. Stats. When the Zoning Administrator's records document the publication, mailing, or posting of notices, the Zoning Administrator will presume the required notice given. The failure of notices to reach any intended recipient does not invalidate any action taken on the subject matter of the notice. The Zoning Administrator shall not deem minor defects in required notices to impair the notice or invalidate proceedings under the notice. These minor defects include errors in a legal description, typographical errors, or grammatical errors that do not harm the communication of the notice to affected parties. If questions arise at the hearing regarding the adequacy of notice, the body conducting the hearing must make a formal finding about whether there was substantial compliance with the notice requirements.

Hearings.

Conditions. Review bodies, including staff, are authorized to recommend conditions and decision-making bodies are authorized to approve the subject application with conditions. Any conditions recommended or approved must relate to a situation likely created or aggravated by the proposed use or development and must be roughly proportional to the use or development's impacts. Per § 66.10016(3), Wis. Stats., any conditions relating to new by-right residential developments shall coincide with ordinances and approved plans at the time of application.

Burden of proof. Applications must address relevant review and decision-making criteria. In all cases, the applicant is responsible for showing that an application or proposal complies with all applicable review or approval criteria.

Authority to initiate. The Mayor, Common Council, the Plan Commission, or the Zoning Administrator may initiate a zoning text amendment.

Staff recommendation. The Zoning Administrator must prepare a recommendation on the zoning text amendment for consideration by the Plan Commission and Common Council.

Public hearing. The Zoning Administrator shall direct the City to publish a class 2 notice, under Ch. 985, Wis. Stats., and notify the required parties per § 62.23(7)(D), Wis. Stats. The Plan Commission shall hold a public hearing regarding the zoning text amendment within 60 days of receiving the Zoning Administrator's recommendation.

Plan Commission recommendation. After closing the public hearing, the Plan Commission shall provide a recommendation and report on the zoning text amendment to the Common Council.

Common Council decision. Following receipt of the Plan Commission's recommendation and report, the Common Council shall act on the proposed amendment. If the Plan Commission does not forward a recommendation and report to the Common Council within 60 days of the Zoning Administrator submitting their recommendation, they may hold the required hearing and act on the zoning text amendment.

Review criteria and standards. Zoning text amendments are legislative decisions of the Common Council based on consistency with the Comprehensive Plan and promotion of public health, safety, and general welfare.

Authority to initiate. The Common Council, the Plan Commission, the Zoning Administrator, an eligible applicant, or an eligible applicant's authorized agent may initiate a Zoning Map amendment.

Pre-application meeting. An eligible applicant or an eligible applicant's authorized agent must meet with the Zoning Administrator to discuss the proposed amendment and application procedures before they apply.

Application filing. Applicants shall file applications with the Zoning Administrator.

Staff recommendation. The Zoning Administrator must prepare a recommendation on the Zoning Map amendment for consideration by the Plan Commission and Common Council.

Hearing. The Zoning Administrator shall direct the City to publish a class 2 notice, under Ch. 985, Wis. Stats., and notify the required parties per § 62.23(7)(D), Wis. Stats. The Plan Commission shall hold a public hearing regarding the Zoning Map amendment within 60 days of receiving the Zoning Administrator's recommendation.

Plan Commission recommendation. After closing the public hearing, the Plan Commission will recommend and report to the Common Council on the Zoning Map amendment.

Common Council decision. Following receipt of the Plan Commission's recommendation and report, the Common Council shall act on the proposed amendment. If the Plan Commission does not forward a recommendation and report to the Common Council within 60 days of the Zoning Administrator submitting their recommendation, they may hold the required hearing and act on the zoning text amendment.

Review criteria and standards. Zoning Map amendments are legislative decisions of the Common Council based on consistency with the Comprehensive Plan and promotion of public health, safety, and general welfare.

Successive applications. If the Common Council denies a proposed Zoning Map amendment, no applicant may file a Zoning Map amendment application requesting the same or more intensive zoning for the subject property for one year from the date of final action by the Common Council unless the Common Council expressly acts to deny the previous application without prejudice or the new application is substantially different than the one that the Council denied.

Applicability.

Prohibited variances. The Board of Appeals shall not:

Authority to initiate. Any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the administrative officer may take an appeal to the Board of Appeals.

Application filing. Appellants shall file appeals and variances with the Zoning Administrator.

Staff record. The Zoning Administrator shall transmit to the Board of Appeals all the papers constituting the record upon which action the applicant appealed.

Public hearing notice. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give public notice, and give due notice to the parties in interest, and decide the same within a reasonable time.

Hearing. Any party may appear in person or by an agent or attorney upon the hearing. In any action involving a listed property, as defined in § 44.31(4), Wis. Stats., the Board shall consider any suggested alternatives or recommended decision submitted by the Plan Commission.

Burden of proof. A property owner bears the burden of proving "unnecessary hardship," as that term is used in this section, for a variance by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome. In all circumstances, a property owner bears the burden of proving that they based the unnecessary hardship on conditions unique to the property rather than considerations personal to the property owner and that the property owner did not create the unnecessary hardship.

Additional decision-making criteria.

Board of Appeals decision. In exercising their powers, the Board may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as it determines. To that end, it shall have all the powers of the officer from whom the applicant appealed and may issue or direct the issue of a permit.

Transferability. A variance granted by the Board of Appeals runs with the land.

Lapse of approval. Any variance granted expires within one year unless the applicant commences the action authorized by the variance within one year. The Board of Appeals may establish a separate mandatory commencement or completion date.

Successive applications. If the Board of Appeals denies an appeal or variance request, they may not accept an application for the same or a substantially similar appeal or request for one year from the denial date.

Appeal. State law provides that any person aggrieved by a zoning variance decision of the Board of Appeals may appeal the decision.

Administrative adjustments. The Zoning Administrator may, upon receipt of an administrative adjustment, modify a dimensional, physical, or locational requirement such as a setback, frontage, height, bulk, or density restriction for a structure by up to 10% if they notify all adjoining property owners of the variance in writing and do not receive any objections within 10 business days of mailing the notice. When reviewing administrative adjustments, the Zoning Administrator shall follow Subsections A, H and I. The Zoning Administrator may choose to refer any administrative adjustment to the Board of Appeals as a variance.

Purpose. Before commencing with the execution of any work of the erection, construction, alteration, or addition to any building, the owner or agent shall secure a building permit from the Building Inspector. It is unlawful to commence such work unless the owner or agent obtains such permit. The provisions of the building, health, or other ordinances or regulations of the City of South Milwaukee affecting the premises shall have been complied with.

Timing. The Zoning Administrator must review all building permits for zoning compliance before the Building Inspector issues any permits.

Applications. Applicants for building permits must include enough information to demonstrate that the permit complies with this chapter.

Decision. The Zoning Administrator shall review each building permit application and approve or deny the permit on whether the proposed use, structure, or development complies with the provisions of this chapter. The Zoning Administrator shall refer matters identified by § 62.23(5), Wis. Stats., to the Plan Commission.

Sign permit applications. Sign permit applications shall include the following information:

Sign permit procedures. Applicants shall apply for sign permits with the Zoning Administrator. The Zoning Administrator shall review the application for completeness and approve or deny, in writing, complete applications within 10 working days.

Time to construct. A sign permit shall become invalid if the applicant has not completed the work authorized under the permit within six months from the issuance date. The Zoning Administrator may extend the permit for three months at their discretion.

Required. No entity shall occupy or use land or structures until the Zoning Administrator issues a certificate of occupancy. Situations for which the City requires a certificate of occupancy include new residential, alterations which include additional bedrooms to residential structures, new commercial buildings, alterations to commercial buildings, changes in use, adding accessory uses or structures, and new businesses.

Issuance. The Zoning Administrator shall issue a certificate of occupancy only once the Building Inspector, Public Works Director, Fire Chief, Assessor, or any other affected regulatory agency confirms that the applicant followed their applicable regulations. The Zoning Administrator may issue certificates of occupancy for existing uses or structures after inspecting and verifying whether the use or structure conforms to this chapter.

Temporary certificates. The Zoning Administrator may issue a temporary certificate of occupancy for up to six months during the completion of any final improvements. The Zoning Administrator may extend a temporary certificate of occupancy at their discretion so long as that extension does not affect the rights, duties, and obligations of the owner or the City.

Application. Parties may file complete applications for certificates of occupancy with the Zoning Administrator.

Work description and valuation. Applicants shall submit work descriptions and scheduled valuations for all improvements subject to the commercial building code before the Zoning Administrator may issue a certificate of occupancy.

Enforcement. The Zoning Administrator and the South Milwaukee Police Department may enforce this chapter.

Forfeiture. Any entity who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall, upon conviction, forfeit not less than $1 nor more than $200 for each offense, together with the costs of prosecution. Each day that a violation continues to exist shall constitute a separate offense.

Default of payment. The City shall imprison any entity in default of payment under Subsection A in the House of Correction or Milwaukee County Jail until they pay their forfeiture and costs. This imprisonment shall not exceed 60 days for each violation.

Compliance required. In addition to the penalty above provided, any entity shall, upon conviction, comply with the provisions of this chapter. Upon failure to comply, the City Attorney shall subject such entity to appropriate action to prevent, enjoin, abate, or remove each violation under the laws of the State of Wisconsin.

Other remedies. The Zoning Administrator may withhold or revoke any permit, certificate, or other form of authorization required when they determine that the applicant departed from the plans, specifications, or conditions required under the permit's terms. The Zoning Administrator may also grant permits subject to the condition that the applicant corrects any outstanding violations.

No permit defenses. In any violation, the fact that a City of South Milwaukee officer, board, or department may have issued a permit shall not constitute a defense, nor shall an error, oversight, or dereliction of duty on the part of any public official, body, or department constitute a defense.