A.
Definition. A "zoning permit" is a document, signed by the Zoning
Administrator, which states that a specific proposed use, structure
or building complies with the standard procedures and other provisions
of this chapter.
B.
When required.
(1)
A zoning permit is required for any construction, substantial relocation
or substantial enlargement of any structure or building. A zoning
permit is also required for any use or substantial change in the use
of any land, water, structure or building, as determined by the Zoning
Administrator. A zoning permit is not required for a change of ownership.
However, if a change in ownership is accompanied by another action
which requires a zoning permit, a zoning permit is required for such
other action.
(2)
When any use of land, water, structure or building is discontinued
for a period of six months or more, a zoning permit shall be required
prior to any reuse of the land, water, structure or building as required
in this section.
(3)
Determination that a business has closed will be made based on a
decision by the Building Inspector and Zoning Administrator that the
operation of the business on the premises has ceased.
C.
How obtained. For property located in the Single-Family Residence
and Two-Family Residence Districts, except for conditional uses, if
it is determined that the proposal meets all requirements of this
chapter the Zoning Administrator may directly issue a zoning permit.
If the Zoning Administrator fails to determine that the proposal meets
the requirements of this chapter for property located in the Single-Family
Residence and Two-Family Residence Districts, except for conditional
uses, the Zoning Board of Appeals shall review and approve the proposal
before the Zoning Administrator may issue a zoning permit. For conditional
uses in the Single-Family Residence and Two-Family Residence Districts
and all other districts, the Plan Commission shall review and approve
a zoning permit. A zoning permit may be issued subject to conditions
required by the Board or Commission. These conditions shall be noted
on the zoning permit. If construction on a site, building or structure
as approved in a zoning permit has not commenced within six months
of the issuance of that zoning permit, the permit shall be void. The
Plan Commission may extend this date for just cause.
A.
Definition. An "occupancy permit" is a document, signed by the Zoning
Administrator, which states that a use, structure or building complies
with the requirements, standards and other provisions of the Zoning
Code, the Building Code and other applicable codes, as well as any
conditions specified in the zoning permit. An occupancy permit allows
the property to be occupied and used as outlined in the zoning permit.
If a use, structure or building does not fully comply with the requirements,
standards and other provisions of the Zoning Code, Building Code and
other applicable codes, as well as any conditions specified in the
zoning permit, the occupancy permit may be withheld by the Zoning
Administrator or a bond or irrevocable letter of credit required for
performance.
B.
When required. No vacant land shall be occupied or used and no building,
structure or part thereof undergoing activity which requires a building
permit shall be occupied or used until an occupancy permit has been
issued. An occupancy permit is not required for a change solely in
ownership or occupancy.
C.
Temporary occupancy permit. If a use, structure or building is substantially
in compliance, but compliance with some requirements is still pending,
a temporary occupancy permit with a limited term may be issued. If
all requirements are not met when the temporary occupancy permit expires,
the use becomes illegal. Such temporary permit shall not be issued
except under such restrictions and provisions as will adequately ensure
the safety of the occupants. A temporary permit shall be void if the
building fails to conform to this chapter or other applicable codes
to such a degree as to render it unsafe for the occupancy proposed.
A.
Application. Application for a zoning and/or occupancy permit shall
be made to the Zoning Administrator by the owner of the property for
which the permit is being requested. The property owner shall be ultimately
responsible for the implementation of any plans and conditions of
a zoning permit.
B.
Preapplication review by Zoning Administrator. Prior to formal application
for a zoning permit under this article, the Zoning Administrator shall
confer with the applicant or a designated representative to advise
the applicant or representatives as to what information will be required
by the Commission in order to act on the application. Such information
may include an engineering survey, a comprehensive site plan, topographic
data, a public utilities plan, a traffic circulation plan, an off-street
parking plan, a preliminary sketch of any planned subdivision, architectural
renderings of proposed buildings, a comprehensive landscape plan and
a plan for erosion and runoff control including site restoration.
The Zoning Administrator shall not advise the applicant or the applicant's
representatives as to the possibility of favorable or unfavorable
action by the Commission on the application.
C.
Prehearing conference with the Plan Commission. After the preapplication review by the Zoning Administrator, the applicant may request an informal prehearing conference with the Commission or a subcommittee thereof to review the applicant's proposal. The purpose of such conference shall be to familiarize the Commission with the applicant's proposal and to familiarize the applicant with the requirements which may be imposed by the Commission and the City before favorable action can be taken by the Commission on the application. The Plan Commission or its subcommittee may at this time require the applicant to submit information in addition to that which will be required under Subsection B when formal application is made. Any prehearing conference will be open to the public. At least five days prior to the public hearing, the Zoning Administrator shall send notice of the public hearing to adjacent property owners within 200 feet of the property for which an application has been filed.
[Amended 10-16-2017 by Ord. No. 9-17-689]
D.
Formal hearing before the Plan Commission. Within 30 days of submission
of a formal application, the Commission shall hold a formal hearing
on the application. Any formal hearing will be open to the public,
and the Zoning Administrator shall send notice of the public hearing
to adjacent property owners within 200 feet of the property for which
an application has been filed at least five days prior to the hearing.
The applicant may elect to have his or her application considered
a contested case, in which case the rules of procedure for such cases
established by the Zoning Board of Appeals for applications for variances
shall apply. The time for the formal hearing may be extended by agreement
of the applicant or for 15 additional days by the Chairperson of the
Commission upon notice to the applicant specifying the reasons for
such extension.
[Amended 10-16-2017 by Ord. No. 9-17-689]
E.
Decision of the Commission. The Commission may approve, approve conditionally
or reject the application for a zoning permit. Ch. 68, Wis. Stats.,
shall apply to the decision of the Commission. If no request for review
of approval of the application is received within 30 days of notice
of such determination as provided in § 68.08, Wis. Stats.,
the Zoning Administrator shall issue the zoning permit. Upon request
of the applicant, the Zoning Administrator may issue a zoning permit
upon approval of the Commission; however, such permit shall state
on its face that the issuance is subject to review and appeal if a
request therefor is filed by an aggrieved person within 30 days. If
the Commission's approval is conditional, the Zoning Administrator
may issue the permit on satisfaction of the conditions; however, the
application may be referred back to the Commission for determination
of whether or not the conditions have been satisfied. If the Plan
Commission determines that the conditions have not been satisfied,
the zoning permit and occupancy permit may be revoked. If a request
for review of the determination of the Commission is filed pursuant
to § 68.08, Wis. Stats., the Commission shall review its
own determination. In all cases, any decision of the Commission shall
be in writing and shall state the reasons for the decision and shall
indicate the evidence in support of the decision. The Zoning Administrator
or the Commission shall mail copies of any decision to the applicant
and anyone appearing at the hearing who has requested a copy. The
Commission may reconsider and change its decision on its own motion
at its next regular meeting or a special meeting called for that purpose.[1]
F.
Appeal to Common Council. Appeal of the decision of the Commission
after review under §§ 68.08 and 68.09, Wis. Stats.,
may be made to the Common Council pursuant to Ch. 68, Wis. Stats.
For purposes of such appeal, the Common Council shall be the impartial
decision maker required under § 68.11(2), Wis. Stats. If
the appellant had a hearing or opportunity for hearing before the
Commission substantially in compliance with § 68.11, Wis.
Stats., the decision of the Common Council shall be on the basis of
the hearing record made before the Commission and a due process type
hearing as required under § 68.11, Wis. Stats., shall not
be necessary. Ch. 68, Wis. Stats., shall otherwise apply.
