Article XVIII Administration and Enforcement

Receive, review, analyze, and develop written reports on all applications for development permits, certificates of occupancy, appeals, variances, amendments, or other development matters.

Serve as an ex officio nonvoting member of the Plan Commission and the Zoning Board of Appeals.

Issue development permits and certificates of occupancy when the requirements of this chapter have been met and make and maintain records thereof.

Coordinate official development review processes among governmental offices to the extent feasible.

Conduct inspections to determine compliance with the terms of this chapter and to take remedial action when required.

§ 340-109 Development permits.

Filing. An application shall be filed with the City Clerk.

[Amended 3-21-2017 by Ord. No. A-507]

Plans with applications. Every application for a development permit shall be filed with the Zoning Administrator and be accompanied by a fee, a legal description, and by plans drawn to scale showing the actual shape and dimensions of the subject parcel; reference sketch of site location to two intersecting streets; the exact location, nature, dimensions, and elevations of the existing and proposed development; the proposed occupancy (if applicable), with dimensioned and numbered parking spaces; and such other information as may be necessary for the enforcement of this chapter when requested by the Zoning Administrator.

[Amended 10-10-2006 by Ord. No. A-361; 3-21-2017 by Ord. No. A-507]

For developments subject to the requirements of the Design Guideline Ordinance (§ 340-20 of this chapter), an application for review of the designs for the building exterior design, lighting and landscaping shall be made to the Building Inspector or Zoning Administrator, accompanied by plans showing that the development meets the requirements of the Design Guideline Ordinance.

The design plans shall be accompanied by elevations, floor plans, and site plan including landscaping.

The Building Inspector or Zoning Administrator shall submit any such applications for review to the Plan Commission for its decision under § 340-20E.

Approved plan. One copy of such plans shall be returned to the developer when such plans shall have been approved, together with conditions of such approval, the signature of the Zoning Administrator, and any development permit as may be granted. One copy of the plans, similarly marked, shall be retained by the Zoning Administrator as a permanent record or until such time as the development no longer occupies the subject parcel.

Zoning Administrator to act. Within 15 working days of the time the application is filed in full compliance with applicable requirements, the Zoning Administrator shall either issue the permit, notify the applicant in writing of his refusal and reasons therefor, set a hearing date, if one is required, or refer the application to the Plan Commission or Zoning Board of Appeals as is appropriate for the type of action requested.

[Amended 10-10-2006 by Ord. No. A-361]

Issuance of permits. The Zoning Administrator may issue a development permit if he or she finds that the development for which the permit is sought constitutes a general development permitted by this chapter or a conditional use has been approved by the Common Council.

[Amended 10-10-2006 by Ord. No. A-361]

Effect of permit. The issuance of a development permit authorizes the developer to commence development immediately upon the giving of notice by the City, but subject to any lawful conditions attached by the Common Council or Zoning Board of Appeals. A development permit does not authorize occupancy.

Expiration of a permit. If the work described in any development permit has not begun within six months from the date of issuance, or if the work lies idle for a period of six months or more, or if the work has not been substantially completed in one year of the date of permit issuance therefor, such permit shall expire; it shall be revoked by the Zoning Administrator and written notice thereof shall be given to the persons affected. Such notice shall indicate further work as described on the canceled permit shall not proceed unless a new permit is issued.

Demolition. In such event that the work described in any development permit has begun but has not been substantially completed within one year of the date of issuance of a permit or if work has begun without a proper development permit, the Zoning Administrator may order demolition of partially completed work.

Permits must conform to be valid. All officials and employees of the City vested with the duty or authority to issue permits or licenses shall comply with the provisions of this chapter and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void and of no effect whatever.

General development permits subject to conditions. The Zoning Administrator may attach to a general development permit conditions relating to:

Compliance with the plans and specifications submitted by the developer to the Zoning Administrator.

Time within which the development must be commenced or completed.

Protective measures that a developer must undertake for the benefit of neighboring property, such as the construction of fencing or establishment of buffer areas.

Conditional use and PUD permit conditions. The City may attach to a conditional use and planned unit development permit conditions that may concern any matter subject to regulation under this chapter, including means for:

Minimizing any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted.

The sequence of development, including when it must be commenced and completed.

Controlling the duration of use of development and the time within which any structures must be removed.

Assuring that development is maintained properly in the future.

§ 340-110 Certificates of zoning compliance.

Designating the exact location and nature of development.

(6)

Establishing more detailed records by submission of drawings, maps, plats, or specifications.

[Amended 10-10-2006 by Ord. No. A-361]

Certificate of zoning compliance required. It shall be unlawful to use, occupy or permit the occupancy of any building or parcel, or both, or part thereof hereafter developed until a certificate of zoning compliance shall have been issued therefor by the Zoning Administrator stating the proposed use conforms to the requirements of this chapter. Any lawful conditions of occupancy shall be attached to or referred to on the certificate.

Application and records. A certificate of zoning compliance shall be applied for coincident with an application for a development permit from the Zoning Administrator. The Zoning Administrator shall issue the certificate after finding that the development is in full compliance with this chapter and after the Building Inspector determines that the development is in compliance with City building codes. The Zoning Administrator shall maintain records of all certificates of zoning compliance and a copy shall be furnished upon request to any person upon payment of a reasonable fee.

Temporary certificate. A temporary certificate may be issued for a period not to exceed six months during alterations or partial occupancy of a building, or pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the developer or the City.

§ 340-111 Methods of enforcement.

Enforcement authorizations.

[Amended 10-10-2006 by Ord. No. A-361; 7-1-2014 by Ord. No. A-473]

Right of entry. The City Zoning Administrator, of his or her designee, is the enforcement officer for the Zoning Code. Upon presentation of credentials, the City Zoning Administrator, or his or her designee shall have the right to request entry, at any reasonable time, to all public or private properties for the purpose of inspection, observation, measurement, sampling or testing necessary for the enforcement of the Zoning Code.

Right of entry in emergencies. In the event of an emergency situation, where someone needs assistance for health or safety, or in instances when public safety or health is threatened, and a reasonable person would believe that the need for aid, assistance or intervention exists, the City Zoning Administrator, his or her designee, city employees or emergency responders shall have the right to enter all public or private properties to provide aid or take reasonable steps to protect public safety or health.

Special inspection warrants. In the event that complaints or reasonable concerns exist as to the compliance by a public or private property owner with the Zoning Code, and the owner or custodian of the property declines requests for entry for purpose of inspection, observation, measurement, sampling or testing necessary for the enforcement of the Zoning Code, the Zoning Administrator, with the assistance of the City Attorney, may obtain a special inspection warrant pursuant to Wisconsin Statutes § 66.0119, Wis. Stats., to determine compliance and assist with enforcement of the Zoning Code.

Method of enforcement. Upon finding that any of the provisions of this chapter are being violated or upon finding a condition which may lead to a violation, the Zoning Administrator may notify in writing the person responsible for violation, ordering such action as necessary to correct a violation. The Zoning Administrator may order discontinuance of illegal use of structures and land and order removal of illegal structures or additions or may order discontinuance of illegal work being done. Further, the Zoning Administrator may take any other action authorized by this chapter to ensure compliance with or to present violations of this chapter, including but not limited to calling upon the City Attorney to institute legal proceedings and calling upon the Chief of Police for assistance.

Penalties. Violations of this chapter may also be subject to a forfeiture citation issued by the Zoning Administrator or the Chief of Police for each day of violation pursuant to § 1-3.

Resumption of work. When any work shall have been stopped for any reason whatsoever, it shall not again be resumed until the reason for the work stoppage has been completely removed and written approval to proceed has been received from the Zoning Administrator.

§ 340-112 Fees.

Application and permit fees. Fees for zoning amendments, conditional uses, development permits, certificates of zoning compliance, appeals and other types of administrative permits and procedures required by this chapter may be set by the Common Council. Such fees shall cover the costs of administering this chapter.

Review costs. For purposes of this subsection, the term "review costs" means any costs incurred by the City for attorneys, engineers or other consultations to review applications for development permits and other permits or approvals required under this chapter and Chapter 127, Building Construction, and Chapter 300, Subdivision of Land, of the City Code; to prepare, negotiate or review legal, engineering or other documents that are prepared or filed in connection with any development for which any such permits or approvals are sought; and to correspond or confer with each other, City officials, applicants and their representatives in connection with such development. Review costs shall be borne by the applicant. The City reserves the right to require an escrow fund to be established, on terms approved by the City, and to require the applicant to deposit therein funds sufficient to cover anticipated review costs. All known review costs shall be paid by the applicant prior to the City issuing any permits requested under this chapter and Chapters 127 and 300. Issuance of a permit shall not, however, be considered a waiver by the City of its right to be paid for review costs whether known or unknown at the time the permit was issued.

§ 340-113 Zoning Board of Appeals.

Creation and membership. A Board of Appeals is hereby established. The word “Board,” when used in this section, shall be construed to mean the Board of Appeals. The Board of Appeals shall consist of five members appointed by the Mayor subject to confirmation of the Common Council for terms of three years. The members of the Board shall receive compensation of $10 per meeting attended and shall be removed by the Mayor for cause upon written charges and after public hearing. The Mayor shall designate one of the members Chair. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The Mayor shall appoint, for staggered terms of three years, two alternate members of such Board, in addition to the five members above provided for. Annually, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. The above provisions, with regard to removal and the filling of vacancies, shall apply to such alternates.

[Amended 10-10-2006 by Ord. No. A-361; 2-20-2007 by Ord. No. A-366]

Meetings. Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. There shall be a fixed place of meeting, and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Board and vote of each member upon each question considered. The presence of three members shall be necessary to constitute a quorum. Special meetings shall be called by the Chair.

[Amended 2-20-2007 by Ord. No. A-366]

Powers of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the following powers:

[Amended 10-10-2006 by Ord. No. A-361]

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

To authorize upon appeal in specific cases such variances 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 practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. The Board may not permit a variance for any use that is not permitted in the zoning district where the affected person's property is located.

Zoning Administrator's report required. The Zoning Administrator shall review the evidence of an appeal or request for variance and make a report of facts to the Board within seven days of the request.

(Reserved)[1]

[1]

Editor's Note: Former Subsection E, Plan Commission review, was repealed 6-19-2007 by Ord. No. A-373.

Zoning Board of Appeals actions limited. The Board shall make no decisions except in a specific case and after a public hearing conducted by the Board. Nothing herein contained shall be construed to give or grant to the Board the powers or authority to alter or change the Zoning Code or the Zoning Map or to permit the establishment of a nonconforming use. No member of the Board shall hear or vote upon an appeal or variance in which he or she is directly or indirectly interested in a personal or financial way.

Zoning Board of Appeals hearings. The Board shall fix a reasonable time for a public hearing by publication in the official newspaper of a Class 2 notice as well as written notice to the appellant. In the case of variances, the Zoning Administrator shall send written notice of such hearing to owners of record, as listed in the best available records, of all lands for which the variance is requested and all lands situated wholly or partly within 200 feet of the other perimeter of the subject property by regular mail, at least 10 days before the date of such hearing. At the hearing, any party may appear in person or through an agent or attorney.

[Amended 10-10-2006 by Ord. No. A-361; 2-20-2007 by Ord. No. A-366]

Zoning Board of Appeals vote required. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter. The grounds of every determination shall be stated.

[Amended 10-10-2006 by Ord. No. A-361]

Time limit for Zoning Board of Appeals actions. The Board shall decide all appeals and requests for variance within 60 days after the date of the required hearing thereon. A certified copy of the Board's decision shall be transmitted to the applicant and to the Zoning Administrator. Such decisions shall be binding upon the Zoning Administrator and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

Validity of permits approved by the Zoning Board of Appeals. Permits for the occupancy of land or construction, reconstruction, or occupancy of buildings approved by the Zoning Board of Appeals shall be void after six months from the date of such approval unless, in cases of new construction, work shall be done above the foundation walls, and in cases of occupancy of land or reconstruction or occupancy of buildings, the operations called for by such permit shall be well under way at the end of such six-month period.

Initiation of appeals to the Zoning Board of Appeals. 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 Zoning Administrator. Such appeal shall be taken within 30 days by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Effect of appeals. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

Decision on appeal. In exercising the above-mentioned powers, such Board may, in conformity with the provisions of this article, 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 ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issue of a permit.

§ 340-114 Variances.

Initiation. A request for variance shall be made to the Zoning Administrator on an official application form.

Findings required. No variance from the terms of this chapter shall be authorized unless all of the following facts and conditions exist:

Exceptional circumstances. There are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.

Natural causes. The alleged difficulty or hardship has not resulted from the actions of the applicant.

Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, including but not limited to the use of solar energy systems.

Absence of detriment. The authorizing of such variance will not be of substantial determinant to adjacent property and will not materially impair the purposes of this chapter or the public interest.

§ 340-115 District boundary changes and text amendments.

General nature. No variance shall be authorized unless the Board specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation to cover such cases.

(6)

Minimum variance required. The Board shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Board shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.

Subject to conditions. In granting any variance under the provisions of this section, the Zoning Board of Appeals shall designate such conditions that will secure substantially the objectives of the regulations or provisions in the application of which the variance is granted as to light, access to direct sunlight for solar energy systems, air, character of the neighborhood, conformity to the Comprehensive Plan, and, generally, the public health, safety, comfort, convenience, and general welfare.

Construction associated with each approved variance shall be initiated within 365 days of its approval and completed within 730 days following its approval, unless a different period of time is established by the Board of Zoning Appeals in its approval of the variance. Failure to initiate and complete construction within this period shall automatically result in the expiration of the variance. Prior to such expiration, the applicant may request an extension of this period. Said request shall require approval by the Board of Zoning Appeals.

[Amended 8-20-2013 by Ord. No. A-459]

Common Council authorized to amend text and map. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Common Council may, by ordinance, after recommendation thereon by the Plan Commission, amend the regulations or change the Zoning Map. The Plan Commission shall submit to the Common Council its recommendations regarding all applications for amendments or changes within 60 days after referral to the Plan Commission.

Initiation of amendment. An amendment or change, including a change of district boundaries, may be initiated by motion of the Common Council, by motion of the Plan Commission, or by filing an application therefor by owners of 50% or more of the area of the properties proposed to be changed.

Application for amendment. Application for any change of district boundaries or uses shall be submitted to the Zoning Administrator, with a copy to the Clerk, upon such forms and accompanied by such data and information as is needed to assure the fullest practicable presentation of facts, as required by the Plan Commission.

Notification of public hearing on amendment.

Before submitting its recommendations on any amendment to the regulations or change in the Zoning Map to the Common Council, the Plan Commission shall hold at least one public hearing thereon pursuant to a Class 2 notice.