A.
General permit requirements. No building of any kind shall be moved
within or into the City of Marion and no new building or structure,
or any part thereof, shall hereafter be erected, or ground broken
for the same, or enlarged, altered, moved, demolished, razed or used
within the City of Marion, except as herein provided, until a permit
therefor shall first have been obtained by the owner or his authorized
agent from the Zoning Administrator or Building Inspector.
B.
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(1)
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearing or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation, or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.[1]
(2)
Repairs. Repairs for purposes of maintenance or replacement in any
existing building or structure which do not involve the structural
portions of the building or structure or which do not affect room
arrangement, light and ventilation, access to or efficiency of any
exit stairways or exits, fire protection, or exterior aesthetic appearance
and which do not increase a given occupancy or use shall be deemed
minor repairs.[2]
(3)
When alterations not permitted. When an existing building or structure,
which for any reason whatsoever does not conform to the regulations
of this Code, has deteriorated from any cause whatsoever to an extent
greater than 50% of the equalized value of the building or structure,
no alterations or moving of such building or structure shall be permitted.
Any such building or structure shall be considered a menace to public
safety and welfare and shall be ordered vacated and thereafter demolished
and debris removed from the premises within 30 days of notice thereof.[3]
(4)
Alterations and repairs required. When any building or structure
or building component thereof, whether existing or being constructed,
has deteriorated from any cause whatsoever to less than its designed
or safe performance level, the owner of such building or structure
shall commence within 48 hours to cause such building or structure,
or building component thereof, to be restored to its designed or safe
performance level. Failure to restore shall cause the building or
structure or building component thereof to be considered a menace
to public safety and welfare, and it shall be ordered vacated and
disconnected from utilities and thereafter no further occupancy or
use shall be permitted. If the orders of the Building Inspector are
not complied with after due notice and within 30 days, the Building
Inspector shall proceed as required by this chapter to have such building
or structure demolished.
(5)
Use of unsanitary building. No person shall occupy or use, or permit
to be occupied or used, any building or structure that is unsanitary,
dilapidated, deteriorated or out of repair, thereby being unfit for
human habitation, occupancy or use, until the regulations of this
chapter are complied with.
(6)
Extent of deterioration. The amount and extent of deterioration of
any existing building or structure shall be determined by the Building
Inspector.
A.
New construction. Building permits for new construction shall be
issued by the Building Inspector in not less than five nor more than
10 days after a completed building permit application has been submitted
to the Building Inspector.
B.
Structural additions and accessory buildings. Building permits for
structural additions or accessory buildings shall be issued by the
Building Inspector in not less than five days nor more than 10 days
after a completed building permit application has been submitted to
the Building Inspector.
C.
Remodeling or demolition. Building permits for remodeling or demolition
shall be issued by the Building Inspector in not less than five days
nor more than 10 days after a completed building permit application
had been submitted to the Building Inspector.
D.
Permit expires. The building permits shall expire within one year.
A.
There is hereby created the office of Zoning Administrator for the
City of Marion as the administrative and enforcement officer for the
provisions of this chapter.
B.
The Common Council shall designate the Zoning Administrator. For
such duties, there may be provided the assistance of such additional
persons as the Common Council may direct.
C.
Duties. It shall be the duty of the Zoning Administrator to administer,
supervise and enforce the provisions of this chapter and 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 assure 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 said violations.
(6)
Prepare agendas for the City Plan Commission and Zoning Board of
Appeals, including processing of applications for action by those
bodies.
D.
Powers. The Zoning Administrator shall have all the powers necessary
to enforce the provisions of this chapter, including the following:[2]
(1)
To permit temporary events for periods not to exceed 10 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 said use
or operation and any incidental temporary structures or tents are
in conformance with all other ordinances and codes of the City.
(2)
To 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 § 66.0119, Wis. Stats.,
except in case of emergency.
(3)
To issue cease and desist orders requiring the cessation of any activity
which is in violation of this chapter.
(4)
To commence any legal proceedings in the name of the City and with
the authorization of the Common Council necessary to enforce the provisions
of this chapter.
Fees for building permits, demolition permits, conditional uses,
zoning changes and amendments, variances or other requests before
the Zoning Board of Appeals shall be required to defray the cost of
administration, map preparation, inspections, public notices and recordkeeping.
The Common Council shall, upon recommendation of the City Plan Commission,
establish a fee schedule by resolution and the fee schedule shall
be published and made available through the Zoning Administrator and
Building Inspector. A double fee may be charged by the Zoning Administrator
or Building Inspector if work is started before a permit is applied
for and issued. Such double fee shall not release the applicant from
full compliance with this chapter nor from prosecution for violation
of this chapter.
Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this chapter shall, upon conviction, be subject to a penalty as prescribed in § 1-4 of this Code. Each day that a violation continues to exist shall constitute a separate offense. Notwithstanding such penalty, 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.
