This chapter contemplates an administrative and enforcement
officer titled the "Zoning Administrator" to administer and enforce
the same. Certain considerations, particularly with regard to granting
of permitted conditional uses, planned unit development conditional
uses, changes in zoning districts and the Zoning Map, and amending
the text of this chapter, require review and recommendation by the
Planning Commission and ultimate action by the Common Council. A Zoning
Board of Appeals is provided to assure proper administration of this
chapter and to avoid arbitrariness.
A.
Appointment. The Common Council shall designate the Zoning Administrator
and/or Building Inspector as the administrative and enforcement officer
for the provisions of this chapter. The duty of the Zoning Administrator
and/or Building Inspector shall be to interpret and administer this
chapter and to issue, after on-site inspection, all permits required
by this chapter.[1]
B.
Duties. In enforcing and administering this chapter, the Administrator
shall perform the following duties:
(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 Planning
Commission for investigation and appropriate action.
(6)
Carry out such additional responsibilities as are hereinafter 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 permit or certificate of occupancy 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 Zoning 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 the Building Code, including the collection of
forfeitures provided for herein.
A.
Planning Commission. The Planning 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 Planning 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. 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
Planning Commission shall have the power to conduct and hold public
hearings on all proposed amendments to this chapter as provided in
§ 62.23(7)(d), Wis. Stats.
B.
Common Council. The Common Council, the governing body of the City,
subject to recommendations by the Planning Commission and the holding
of public hearings by said Council, has ultimate authority to grant
planned unit development applications, make changes and amendments
in zoning districts and the Zoning Map and to amend the text of this
chapter. The Common Council may delegate to the Planning Commission
the responsibility to hold some or all public hearings as required
under this chapter.[1]
A.
Permit required. No building shall be erected, moved or structurally
altered until a zoning permit therefor shall have been applied for
and issued.
B.
Application. All applications for a zoning permit shall be accompanied
by a location sketch in duplicate, drawn to scale, showing the location,
actual shape and dimensions of the lot to be built upon, the exact
size and location on the lot of the proposed or existing building
and accessory building, the lines within which the building shall
be erected, altered or moved, the existing or intended use of each
building, or part of a building, the number of families the building
is intended to accommodate, and such other information with regard
to the lot and neighboring lots or buildings as may be necessary to
determine and provide for the enforcement of these zoning regulations.
C.
Dimensions. All dimensions shown relating to the location and size
of the lot shall be based on actual survey. The lot and the location
of the building thereon shall be staked out on the ground before construction
is started.
D.
Issuance or denial. Except as otherwise provided in these zoning
regulations, the Zoning Administrator shall issue or refuse to issue
a zoning permit within 10 days after receipt of an application therefor.
Refusal to issue a zoning permit shall be given in writing, with the
reasons for such refusal.
E.
Proper applicants; in general. The following shall be considered
proper applicants for a zoning permit or certificate of compliance
under the terms of these zoning regulations:
F.
Identification. The Zoning Administrator may request proper proof
of the applicant showing that he is a proper applicant, under the
terms of this chapter. His application for a zoning permit or certificate
of compliance shall not be considered filed until such time as the
requested proof is filed with the Zoning Administrator's office. The
Zoning Administrator may revise the form of application for a zoning
permit and certificate of compliance to conform to the terms of this
chapter. If the applicant is not the fee simple owner of the property
involved, the name of the owner or any lienholder shall be included
in the application.
G.
Time limitations. Any zoning permit granted under this chapter shall
become null and void within six months after it is issued if construction
on the property for which the permit is granted has not been commenced
within the six-month period. In all such cases where a permit has
become null and void, a new application must be filed for a new zoning
permit before any construction can be commenced at such location.
All zoning permits granted under the terms of this chapter shall be
valid for only 12 months. Zoning permits shall expire on the first
anniversary date from their issuance. If a certificate of compliance
has not been issued for the property by the expiration date of the
zoning permit, application for a new zoning permit must be made in
order to continue work on the premises involved.
H.
Conditions for refusal; appeal procedure. The Zoning Administrator
or City Engineer shall not issue a zoning permit for any property,
the improvement of which might tend to interfere with the exterior
lines of planned new streets, highways, parkways, parks or playgrounds,
or the exterior lines of planned widening or extending of existing
streets, highways, parkways, parks or playgrounds. Any person who
feels aggrieved by the decision of the Zoning Administrator or City
Engineer may appeal to the Zoning Board of Appeals, which has power
in a specific case, by the vote of a majority of its members, to grant
a permit for a building or such street, highway, parkway, park or
playground which will as little as practicable increase the cost of
opening such street, highway, parkway, park or playground, and such
Board may impose reasonable requirements as a condition of granting
such permit, which requirements shall be designed to promote the health,
convenience, safety or general welfare of the City. Such Board shall
refuse a permit where the applicant will not be substantially damaged
by placing his building outside the planned street, highway, parkway,
park or playground.
I.
Fees. Prior to issuing a zoning permit the Zoning Administrator shall
collect from the applicant, to defray the cost to the City of processing
the application, a permit fee.
J.
Additional requirements. In addition to other requirements of this
chapter, no building, zoning or moving permit shall be issued unless:
(1)
Sanitary sewer and water are available, or installation thereof has
been approved by the Council; or
(2)
Alternatively, a sanitary sewer system in accordance with Ch. SPS
382, Wis. Adm. Code, and related sections thereof, has been approved
for the premises and the premises is in compliance with §§ NR
812.01 through NR 812.25, Wis. Adm. Code.
A.
In general. No vacant land shall be occupied or used and no building
erected, altered or moved shall be occupied until a certificate of
compliance has been issued by the Zoning Administrator. Such certificate
shall show that the building or premises or part thereof and the proposed
use thereof are in conformity with the provisions of these zoning
regulations. Such certificate shall be applied for when the application
is made for a zoning permit and shall be issued within 10 days after
the completion of the work specified in such zoning permit application,
but only if the building or premises and the proposed use thereof
conform to all the requirements of these zoning regulations.[1]
B.
Temporary certificate. Under such rules and regulations as may be
established by the Common Council, the Zoning Administrator may issue
a temporary certificate of compliance for part of a building.
C.
Issuance. Upon written request from the owner, the Zoning Administrator
shall issue a certificate of compliance for any building or premises
certifying, after inspection, the extent and kind of use made of the
building or premises and whether or not such use conforms to the provisions
of this chapter.
A.
Site plan approval required. All applications for zoning permits
for any construction, reconstruction, expansion or conversion (including
mobile home parks and subdivisions), except for one- and two-family
residences in residential districts, shall require site plan approval
by the Planning 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 Planning Commission or its
expert consultants to determine whether the proposed application meets
all the requirements applicable thereto in this chapter.
C.
Administration. The Zoning Administrator shall make a preliminary
review of the application and plans and refer them, along with a report
of his findings, to the Planning Commission within 10 days. The Planning
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 Planning 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; and
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 applicant shall so design the construction or use as to minimize
any traffic hazard created thereby.[1]
(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 Planning
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 so as not to impair the value of adjacent properties nor
impair the intent or purposes of this section.
E.
Effect on municipal services. Before granting any site plan approval,
the Planning Commission may, besides obtaining advice from consultants,
secure such advice as may be deemed necessary from the City Engineer
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 Planning 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.
The following fees shall be applicable for this chapter:
A.
Rezoning application. The fee per application (including repetitions
of previous applications) and deposit shall be set by the Common Council.
The deposit will be used for attorney or engineer fees if necessary.
Fees over $100 will be billed; excess deposit fees will be returned.
B.
Conditional use permit application. All conditional use permit applications
shall be filed with the City Clerk along with a filing fee set by
the Common Council. The filing fee shall be used to reimburse the
City for publication costs and attorney fees incurred in relation
to the application and hearings thereon. The City Clerk, upon receipt
of an application and the fee provided herein, shall immediately refer
it to the Planning Commission for consideration.
C.
Variance and appeal applications. All applications for special exceptions
and variances and appeals shall be filed with the City Clerk along
with a filing fee and a deposit set by the Common Council. The filing
fee shall be used by the City for administrative and publication costs
incurred in relation to the application or appeal and hearings thereon.
The deposit will be used for attorney or engineer fees if necessary.
Fees over $100 will be billed; excess deposit fees will be returned.
After final decision on the application or appeal, the City Clerk
shall return the balance of the filing fee, if any, to the applicant
or appellant. The City Clerk, upon receipt of an application or appeal
and the fee provided herein, shall immediately refer it to the Zoning
Board of Appeals for consideration.
D.
Building permit application. The fees for building permits shall be established in Chapter 220, Building Construction, of this Code of Ordinances.
E.
Zoning permit and certificate of compliance applications: as set
by the Common Council.
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 Planning Commission or any property owner
who would be specifically damaged by such violation may cause 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, firm or corporation who or which 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 for in § 1-4 of this Code of Ordinances.
