(a)

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 an appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(b)

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.

(c)

Penalties. Any person who fails to comply with the provisions of this chapter or any order of the zoning administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided in section 1-11.

(Code 1994, § 13-1-246)

This chapter contemplates an administrative and enforcement officer entitled the "zoning administrator" to administer and enforce the provisions of this chapter. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this chapter require review and recommendation by the plan commission and ultimate action by the common council. A zoning board of appeals is provided to ensure proper administration of the chapter and to avoid arbitrariness.

(Code 1994, § 13-1-240)

(a)

Appointment; references to positions. The common council designee, as zoning administrator/building inspector, shall be the administrative enforcement officer for the provisions of this chapter. The duty of the administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The administrator may designate other qualified personnel to act in his behalf on an as-needed basis, particularly regarding Uniform Building Code permits and inspections.

(b)

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

(1)

Issue the necessary building permits and occupancy and zoning use permits required by the provisions of this chapter, provided that its provisions have been complied with.

(2)

Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.

(3)

In case of any finding of a violation of a provision of this chapter, notify, in writing, the actual violator, where known, the owner of the property on which the violation has taken place, and the common council, indicating the nature of the violation and the action necessary to correct it.

(4)

Receive, file and process for action all applications for conditional uses, variances and amendments to this chapter which are filed in the zoning office.

(5)

Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of the recommendations to the plan commission for investigation and appropriate action.

(6)

Carry out such additional responsibilities as are set forth by the provisions of this chapter.

(c)

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

(1)

At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof.

(2)

Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the administrator or the board of appeals, or take any other action as directed by the common council to ensure compliance with or to prevent violation of its provisions.

(3)

In the name of the city and with authorization of the common council commence any legal proceedings necessary to enforce the provisions of this chapter or chapter 14 of this Code, including the collection of forfeitures provided for in this article.

(Code 1994, § 13-1-241)

(a)

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. 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, except that it shall decide applications for conditional use permits. 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 this chapter as provided in Wis. Stats. § 62.23(7)(d).

(b)

Common council. The common council, subject to recommendations by the plan commission and the holding of public hearings by such council, has ultimate authority to grant planned unit development applications, make changes and amendments in zoning districts, the zoning map and supplementary floodland 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.

(c)

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.

(Code 1994, § 13-1-242)

(a)

Generally. Appeals to the zoning board of 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 officer. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question by filing with the officers from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the common council. The officers from whom the appeal is taken shall forthwith transmit to the board of appeals all papers constituting the record upon which the action appealed from was taken.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the board of appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Powers of zoning board of appeals. In addition to those powers enumerated elsewhere in this Code, the board of appeals shall have the following powers:

(1)

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

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured.

(3)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the plan commission has made a review and recommendation.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(5)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the plan commission has made a review and recommendation.

(6)

Temporary uses. To hear and grant applications for temporary uses, in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the plan commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the board of zoning appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

(7)

Permits. The board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.

(Code 1994, § 13-1-280)

The zoning board of appeals shall fix a reasonable time for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officers appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing to the fee owners of records of all land within 100 feet of any part of the subject building or premises involved in the appeal.

(Code 1994, § 13-1-281)

(a)

Time frame. The zoning board of appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant and the administrator.

(b)

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by the board of appeals.

(c)

Validity. Variances, substitutions or use permits granted by the board shall expire within 12 months unless substantial work has commenced pursuant to such grant.

(d)

Penalties. Applicants shall be subject to a penalty of $10.00 per day for noncompliance with conditions placed by the board of appeals. Unpaid penalties shall be placed on the tax roll with a ten percent penalty.

(e)

Time extensions. A time extension request may be considered, such time extension shall be subject to the same hearing, fee, etc., as an original application.

(Code 1994, § 13-1-282; Ord. of 9-7-2004(1), § 13-1-282, (c)—(e))

(a)

No vacant land shall be occupied or used, and no building shall be erected, structurally altered, relocated, used or occupied until a zoning permit has been issued certifying that any such building, use or occupancy complies with the provisions of this chapter. Such permit shall be obtained before any change is made in the type of use or before any legal nonconforming use is resumed, changed, extended or granted conditional use status. A zoning permit is required in the following situations:

(1)

Before any building or other structure which is the principal permitted use is erected, moved or structurally altered to change its use or increase its floor area.

(2)

Before any land use is substantially altered.

(3)

Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.

(4)

Before building an accessory structure, even though not intended for human occupancy.

(b)

The permit application shall be made to the administrator on forms provided by the city. Applications shall be submitted in duplicate, except that when site plan approval is required, they shall be submitted in quadruplicate. The application shall include the following information:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; offstreet parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

Additional information as may be required by the administrator, plan commission, common council designee, and building, plumbing or electrical inspectors, including all information required for site plan approval.

Application for such permit shall be made to the administrator prior to or at the same time as the application for a building permit or prior to the commencement of any use not involving a building permit. Such application shall state that the building or proposed use of a building or land complies with all the building and health laws and with the provisions of this chapter, a statement by the applicant as to the intended use of the premises and buildings thereon. Within ten days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the administrator shall make an inspection of the premises and any building thereof and the intended use thereof, and if the proposed use of the premises complies with the requirements of this chapter, a zoning permit shall be issued. For the purpose of defraying the costs of inspection and administrative processing, such application shall be accompanied by such fee as established by the common council.

(c)

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

(d)

Pending the issuance of a regular permit, a temporary permit 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 ensure 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.

(e)

Commercial/industrial projects which require a design professional (engineer/architect) require a signed compliance statement from the design professional that the project has been constructed in compliance with the plans and specifications and the state building code prior to use. Commercial projects which do not require a design professional are considered minor projects. The city will not issue occupancy permits for any project other than those inspected under the uniform dwelling code.

(Code 1994, § 13-1-243; Ord. of 1-6-2009)

(a)

Approval. All applications for zoning permits for any construction, reconstruction, expansion or conversion, (including mobile home parks and subdivisions) except for one-family and two-family residences in residential districts, shall require site plan approval by the plan commission in accordance with the requirements of this section.

(b)

Application. The applicant for a zoning 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.

(c)

Administration. The 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 ten 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 zoning permit.

(d)

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

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall design the construction or use to minimize any traffic hazard created thereby.

(3)

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(4)

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened as not to impair the value of adjacent properties nor impair the intent or purposes of this chapter.

(e)

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 common council designee 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.

(Code 1994, § 13-1-244)

(a)

Purpose.

(1)

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(2)

The zoning board of appeals may authorize upon appeal, in specific cases, such variance from the terms of the chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the chapter will result in unnecessary hardship and so that the spirit of the chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection that the flood protection elevation for the particular area or permit standards lower than those required by law.

(3)

For the purposes of this section, the term "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(b)

Application. The application for variation shall be filed with the clerk-treasurer. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

Name and address of applicant and all abutting and opposite property owners of record.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

A site plan showing an accurate depiction of the property.

(5)

Additional information required by the plan commission, common council designee, zoning board of appeals or administrator.

(c)

Public hearing of application.

(1)

The application shall be referred to the plan commission which shall submit a report to the board of appeals. The petitioner shall appear before the plan commission in order to answer questions.

(2)

The board of appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the city, and shall give due notice to the parties in interest, the administrator and the plan commission. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. The board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, administrator and plan commission.

(d)

Action of the board of appeals. For the board to grant a variance, it must find that:

(1)

Denial of a variation may result in hardship to the property owner due to physiographical consideration. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the chapter should be changed.

(2)

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(3)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

(5)

The proposed variation will not undermine the spirit and general and specific purposes of the chapter.

(e)

Conditions. The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

(Code 1994, § 13-1-283)

The zoning board of appeals may grant variances or exceptions to the sign regulations of article VIII of this chapter.

(Code 1994, § 13-1-152)

Any person aggrieved by any decision of the zoning board of appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the board of appeals.

(Code 1994, § 13-1-284)

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the common council may, by ordinance, change the district boundaries established by this chapter and the zoning map incorporated in this chapter and/or the supplementary floodland zoning map incorporated in this chapter, or amend, change or supplement the text of 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 1994, § 13-1-260)

(a)

Generally. The common council, the plan commission, the zoning board of appeals and other government bodies and any private petitioners may apply for an amendment to the text of this chapter to the district boundaries hereby established or by amendments hereto in the accompanying zoning map made a part of this chapter and/or the supplementary floodland zoning map to be made a part of this chapter by reference.

(b)

Procedures.

(1)

Petition.

a.

Petitions for any change to the district boundaries and maps or amendments to the text regulations shall be addressed to the common council and shall be filed with the clerk-treasurer. The person requesting such action shall provide all information requested on the petition including:

1.

Name and street address of the petitioner.

2.

The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.

3.

Legal description of the property to be altered.

4.

The existing use of all buildings on such land.

5.

The principal use of all properties within 300 feet of such land.

6.

Purpose for which such property is to be used.

7.

Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this chapter.

8.

Names and addresses of all abutting and opposite property owners within 300 feet of the property to be altered.

9.

Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures and property lines within 300 feet of the parcel.

10.

Any further information requested to the petition or which may be required by the plan commission to facilitate the making of a comprehensive report to the council.

b.

Failure to supply such information shall be grounds for dismissal of the petition.

c.

A petition for change or amendment submitted by a private property owner shall be prepared in triplicate and filed with the clerk-treasurer and shall be accompanied by the appropriate fee to defray the costs of giving notice, investigation and other administrative processing.

(2)

Recommendations. The common council or the clerk-treasurer shall cause the petition to be forwarded to the plan commission for its consideration and recommendation. The plan commission shall review all proposed amendments to the text and zoning maps within the corporate limits and shall recommend in writing that the petition be granted as requested, modified or denied. A recording of the recommendation in the plan commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the commission may on occasion, of its own volition, conduct its own public hearing on proposed amendments.

(3)

Hearings.

a.

The common council, following receipt of recommendation of the plan commission, shall hold a public hearing upon each proposed change or amendment, giving notice of the time, place and the change or amendment proposed by publication of a class 2 notice, under Wis. Stats. ch. 985. At least ten days prior, written notice shall also be given to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

b.

The common council may delegate to the plan commission the responsibility to hold public hearings as required under this section.

(4)

Council's action. Following such hearing and after consideration of the plan commission's recommendations, the common council shall vote on the proposed ordinance effecting the proposed change or amendment. A three-fourths vote of the full common council membership is required to override the plan commission's determination.

(Code 1994, § 13-1-262)

(a)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more, either of the areas 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 or more 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 full common council membership.

(b)

In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20 percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full common council membership to adopt such amendment.

(Code 1994, § 13-1-263)

The following fees shall be applicable for this chapter:

(1)

Rezoning application. One hundred fifty dollars or as set by the council from time to time per application (including repetitions of previous applications). Any publication, postage or meeting expenses which exceed the application fee will be billed to the applicant.

(2)

Conditional use application. All conditional use applications shall be filed with the clerk-treasurer along with the required filing fee as set by the council from time to time. The clerk-treasurer, upon receipt of an application and the fee provided in this subsection, shall immediately refer it to the plan commission for consideration. Any publication, postage or meeting expenses which exceed the application fee will be billed to the applicant.

(3)

Special exception, variance and appeals application. All applications for special exceptions and variances and appeals shall be filed with the clerk-treasurer along with the required filing fee as set by the council from time to time. The clerk-treasurer, upon receipt of an application or appeal and the fee provided in this subsection, shall immediately refer it to the zoning board of appeals for consideration. Any publication, postage or meeting expenses which exceed the application fee will be billed to the applicant.

(4)

Building permit application. The fees for building permits shall be established in chapter 14 of this Code and are as set by the council from time to time.

(5)

Zoning and occupancy permit application. The fees for a zoning and occupancy permit application are as set by the council from time to time.

(6)

Unpaid charges. When charges are not paid in full within 30 days after notification, the clerk-treasurer shall enter the charges in the tax roll as a special tax against such lot or parcel of land, and shall be collected in all respects like other taxes upon real estate, or as provided under Wis. Stats. § 62.23(7)(f).

(Code 1994, § 13-1-245; Ord. of 10-7-2003(1), § 13-1-245)