It shall be the duty of the community development director/designee or his agent to enforce this chapter. In no case shall a permit be granted for the construction or alteration of any building, if the building as proposed to be constructed or altered would be in violation of any of the provisions of this chapter. Appeal from a decision of the community development director/designee may be made to the board of zoning appeals as provided in division 4 of this article.

(Zoning Ord. § 2-15)

All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed building and structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units the building is designed to accommodate and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of such plot plans shall be returned to the owner when such plans have been approved. An inspection period of two weeks shall be allowed for inspection of plans before a permit shall be issued. All dimensions shown on such plans relating to the location and size of the lot to be built shall be based on an actual survey and the lot shall be staked out on the ground before construction is started.

(Zoning Ord. § 2-13)

(a)

Any lawful use of a building existing on April 11, 1988, may be continued, even though such use does not conform to the provisions of this chapter. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use on April 11, 1988.

(b)

Whenever the use of a building shall become nonconforming through a change in this chapter or in the district boundaries, such use may be continued and, if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification.

(c)

A nonconforming use of a building or portion thereof which is hereafter discontinued for a continuous period of 12 months shall not again be used, except in conformity with the regulations of the district in which such building is located.

(d)

No building or premises existing on April 11, 1988, devoted to a use not permitted by this chapter in the district in which such building or premises is located, shall be enlarged, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building or premises is located.

(e)

The total structural repairs or alterations in a nonconforming building, premises, structure, or fixture shall not during its life exceed 50 percent of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use.

(f)

Nothing in this chapter shall prevent the restoration of nonconforming structures as provided in Wis. Stats. § 62.23(7)(hc).

(g)

Directional or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue. Any such signs shall not be expanded in area, height, number of illumination. New signs in conformity with chapter 6 of this Code, advertising and signs, may be permitted.

(Zoning Ord. § 2-11)

A nonconforming use of land existing on April 11, 1988, may be continued, provided that no such nonconforming use of land shall be in any way expanded or extended, either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued for a continuous period of one year or changed, any future use of such land shall be in conformity with the provisions of this chapter.

(Zoning Ord. § 2-12)

Certificates of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building hereafter erected or structurally altered.

(2)

Change in use of an existing building to a use of a different classification.

(3)

Any change in the use of a nonconforming use. No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the community development director/designee.

(Zoning Ord. § 2-37)

Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the community development director/designee or his agent, and copies shall be furnished on request for a nominal fee to any person having proprietary or tenancy interest in the building or land affected.

(Zoning Ord. § 2-38)

The board of zoning appeals is hereby established. At least one of the five regular members shall be appointed from the members of the city plan commission. The members of the board shall serve without compensation.

(Zoning Ord. § 2-39; Ord. No. O02-3398, 12-3-2002)

In addition to the powers provided by state law, the board of zoning appeals shall have the power to permit the conversion of a dwelling into a three-family dwelling in an R-2 two-family district, provided that the following conditions exist:

(1)

The floor area of the dwelling other than basement or attic space not used for living quarters or of garages or utility rooms totals not less than 2,200 square feet;

(2)

Such minimum floor space was constructed under a building permit issued before April 11, 1988;

(3)

The lot contains not less than 10,000 square feet;

(4)

Three-family occupancy will not tend to change the character of the surrounding property or make it less valuable for the purposes for which it was zoned or reduce neighborhood property values; and

(5)

Only changes approved by the board shall be made in the exterior appearance of the building which shall not include opening of an additional front entrance.

(Zoning Ord. § 2-40)

Appeals of actions of the board of zoning appeals shall comply with the process provided for in Wis. Stats. § 62.23(7)(e)10.

(Zoning Ord. § 2-42)

A fee in the amount established in section 34-1 shall be paid to the planning director at the time the notice of appeal to the board is filed, which fee shall be retained by the city to help defray the cost of such appeal; provided that such fee shall be refunded by the planning director to the appellant if the appeal is withdrawn prior to consideration by the board.

(Zoning Ord. § 2-43)

Whenever justified or required by the public necessity, convenience, general welfare or good zoning practice and after public meeting, report and recommendation of the city plan commission thereof, the common council may, by ordinance, amend the regulations set forth in this chapter for the districts established on the zoning district map in accordance with the procedure set forth in Wis. Stats. § 62.23.

(Zoning Ord. § 2-103)

The city plan commission may, upon its own motion, propose and hear amendments to the district boundaries or to the text of this chapter. Any persons owning or occupying real estate may petition the common council to amend the district boundaries in which such real estate is located or which such real estate abuts. Such a petition shall be referred to the city plan commission for report and recommendation.

(Zoning Ord. § 2-104)

The city plan commission, before submitting its recommendation on a proposed amendment to the common council, shall hold at least one public meeting. Prior to the meeting, owners of real property within the area of the proposed change and owners of real property within 200 feet shall be notified by first-class mail.

(Zoning Ord. § 2-105)

Before voting on an amendment, supplement, or change to the district boundary lines or regulations, the common council shall obtain a report thereon from the city plan commission.

(Zoning Ord. § 2-106)

Procedure before the plan commission shall be governed by the rules and regulations adopted by the commission.

(Zoning Ord. § 2-107)

Before any action is taken upon any application as provided by this article, either by the plan commission or the common council, the applicant shall pay to the treasury of the city a filing fee in the amount established in section 98-3 to help defray the cost of reviewing and hearing such application.

(Zoning Ord. § 2-108)