A.
Establishment of office. There is hereby established
the office of Zoning Administrator.
B.
Duties of the Zoning Administrator. The Administrator
shall have the authority to administer and enforce this chapter, including
but not limited to the authority to:
[Amended 10-10-2006 by Ord. No. A-361]
(1)
Receive, review, analyze, and develop written reports
on all applications for development permits, certificates of occupancy,
appeals, variances, amendments, or other development matters.
(2)
Serve as an ex officio nonvoting member of the Plan
Commission and the Zoning Board of Appeals.
(3)
Issue development permits and certificates of occupancy
when the requirements of this chapter have been met and make and maintain
records thereof.
(4)
Coordinate official development review processes among
governmental offices to the extent feasible.
(5)
Conduct inspections to determine compliance with the
terms of this chapter and to take remedial action when required.
A.
Filing. An application shall be filed with the City
Clerk.
[Amended 3-21-2017 by Ord. No. A-507]
B.
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]
(1)
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.
(2)
The design plans shall be accompanied by elevations,
floor plans, and site plan including landscaping.
C.
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.
D.
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]
E.
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]
F.
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.
G.
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.
H.
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.
I.
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.
J.
General development permits subject to conditions.
The Zoning Administrator may attach to a general development permit
conditions relating to:
(1)
Compliance with the plans and specifications submitted
by the developer to the Zoning Administrator.
(2)
Time within which the development must be commenced
or completed.
(3)
Protective measures that a developer must undertake
for the benefit of neighboring property, such as the construction
of fencing or establishment of buffer areas.
K.
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:
(1)
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.
(2)
The sequence of development, including when it must
be commenced and completed.
(3)
Controlling the duration of use of development and
the time within which any structures must be removed.
(4)
Assuring that development is maintained properly in
the future.
(5)
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]
A.
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.
B.
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.
C.
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.
A.
Enforcement authorizations.
[Amended 10-10-2006 by Ord. No. A-361; 7-1-2014 by Ord. No.
A-473]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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.
A.
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.
B.
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.
A.
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]
B.
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]
C.
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]
(1)
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.
(2)
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.
D.
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.
F.
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.
G.
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]
H.
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]
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
A.
Initiation. A request for variance shall be made to
the Zoning Administrator on an official application form.
B.
Findings required. No variance from the terms of this
chapter shall be authorized unless all of the following facts and
conditions exist:
(1)
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.
(2)
Natural causes. The alleged difficulty or hardship
has not resulted from the actions of the applicant.
(3)
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.
(4)
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.
(5)
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.
C.
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.
D.
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]
A.
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.
B.
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.
C.
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.
D.
Notification of public hearing on amendment.
(1)
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.
(2)
When an amendment involves changes in district boundaries
or classification, the Zoning Administrator shall send by regular
mail, at least 10 days before the date of such hearing, written notice
of such hearing to the owners of record, as listed in the most current
real estate tax records, of all lands proposed to be changed and all
lands situated wholly or partly within 200 feet of the perimeter of
the subject property. Failure of any such owner to receive such notice
shall not invalidate the proceedings.
[Amended 10-10-2006 by Ord. No. A-361]
E.
Plan Commission recommendation. The Plan Commission
shall review the proposed amendment to the regulations or change in
district boundaries or uses and render a decision thereon, analyzing
the advantages and disadvantages of the proposal, based on the facts
and circumstances, the Comprehensive Plan, and other information.
The Plan Commission shall transmit a written recommendation to the
Common Council.
F.
Common Council final action. After reviewing the recommendation
of the Plan Commission thereon, the Common Council shall consider
such recommendations and, if it decides to proceed, shall instruct
the City Attorney to prepare an ordinance for subsequent adoption
by the Common Council of the proposed amendment. If the Common Council
so desires, it may order a second public hearing before the Common
Council pursuant to a Class 2 notice.
[Amended 10-10-2006 by Ord. No. A-361]
G.
Waiting period between petitions. A denial of rezoning
shall be a final determination for a period of one year that the development
will not be permitted, unless the Common Council's order includes
leave to amend. After the expiration of the one-year period, a developer
may make a new application for the same amendment.
[Amended 10-10-2006 by Ord. No. A-361]
A.
Remedies. Any building or structure erected, constructed,
altered, enlarged, converted, moved, or maintained contrary to the
provisions of this chapter, and any use of any land or building which
is conducted, operated, or maintained contrary to the provisions of
this chapter, shall be and the same is hereby declared to be unlawful
and the City Attorney may, upon any such violation having been called
to his attention by the Zoning Administrator, institute injunction,
mandamus, abatement, or any other appropriate action to prevent, enjoin,
abate, or remove such erection, construction, reconstruction, alteration,
conversion, maintenance, or use. Such action may also be instituted
by any property owner who may be especially damaged by a violation
of this chapter.
B.
Penalties. Any person who shall violate any of the provisions of this chapter shall, upon judgment or conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. In any action to enforce this chapter, the fact that a permit shall have been issued by any City official or department shall not constitute a defense, nor shall any oversight on the part of any public official, board, or department constitute a defense.