No building shall be constructed, erected, reconstructed,
structurally altered, enlarged or moved unless and until a permit
therefor shall first have been secured from the Building Inspector.
Every such application shall be filed in duplicate and shall be accompanied
by a drawing or plat, in duplicate, drawn to scale, showing the lot
and building site, the location of the building on the lot, accurate
dimensions of the building, of the yards and of the lot, and such
other information as may be necessary to the enforcement of this chapter.
A.
Certificates of occupancy shall be required for any
of the following:
(1)
Occupancy and use of a building hereinafter erected
or structurally altered.
(2)
Change in use of an existing building to a use of
a different classification.
(3)
Occupancy and use of vacant land except for agricultural
uses.
(4)
Change in the use of land to use of a different classification,
except to an agricultural use.
(5)
Any change in the use of a nonconforming use.
B.
No such occupancy, use or change of use shall take
place until the Building Inspector shall have issued a certificate
of occupancy therefor.
C.
Written application for a certificate of occupancy
for a new building or for an existing building which has been altered
shall be made at the same time as the application for the building
permit for such building. If the proposed use is in conformity with
the provisions of this chapter, said certificates shall be issued
within three days after a written request for the same has been made
to said Building Inspector after the erection or alteration of such
building or part thereof has been completed in conformity with the
provisions of this chapter.
D.
Written application for a certificate of occupancy
for the use of vacant land or for a change in the use of land or of
a building, or for a change in a nonconforming use, as herein provided,
shall be made to said Building Inspector. If the proposed use is in
conformity with the provisions of this chapter, the certificate of
occupancy therefor shall be issued within three days after the application
for the same has been made.
E.
Every certificate of occupancy shall state that the
building or the proposed use of a building or land complies with all
provisions of law and of all Village ordinances. A record of all certificates
of occupancy shall be kept on file in the office of the Building Inspector,
and copies will be furnished, on request, to any person having proprietary
or tenancy interest in the building or land affected.
F.
No permit for excavation of any building shall be
issued before application has been made for a certificate of occupancy.
A.
The Zoning Board of Appeals is hereby established.
It shall consist of the Village President, two Trustees, the Clerk-Treasurer
and two residents to be appointed by the Village President. The members
of the Board shall serve without compensation and shall be removable
by the Village President for cause upon written charges and after
public hearing. The Village President shall designate one of the members
as Chairman. The Board may elect a Vice Chairman and shall designate
a Secretary and an office in which its records shall be kept. The
Village President shall appoint two alternate members in accordance
with § 62.23(7)(e), Wis. Stats.[1]
B.
Meetings of the Board shall be held at the call of
the Chairman and at such other times as the Board may determine. Such
Chairman or, in his absence, the Vice Chairman may administer oaths
and compel the attendance of witnesses. All meetings of the Board
shall be open to the public. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public
record.
A.
The Zoning Board of Appeals may approve the issuance
of a permit for any use specified in this chapter as a use permitted
in a given location only upon the approval of the Zoning Board of
Appeals.
B.
Written application for such a permit shall accompany
an application for a building permit or, if no building permit is
required in connection with the establishment of the proposed use,
then for a certificate of occupancy to use the land or building as
set forth in said application. The application shall be transmitted
forthwith to the Zoning Board of Appeals.
C.
If the Zoning Board of Appeals shall find that, in
the circumstances of the particular situation, the use for which the
permit is sought will not affect adversely the health or safety of
persons residing or working in the neighborhood of the proposed use,
will not be detrimental to the public welfare or injurious to property
or improvements in the neighborhood and will be in accord with the
purposes of the Comprehensive Plan, it shall approve the application,
provided that all provisions of law and ordinance have been complied
with. In approving any such permit, the Board shall designate such
conditions in connection therewith as will, in its opinion, assure
that the use will conform to the foregoing requirements and that it
will continue to do so.
A.
The Zoning Board of Appeals shall have the power to
vary or modify the strict application of any of the regulations or
provisions of this chapter in cases where there are practical difficulties
or unnecessary hardships in the way of such strict application, and
in no other case.
B.
Written application for a variance shall accompany
an application for a building permit or, if no building permit is
required in connection with the establishment of the use for which
the variance is sought, then for a certificate of occupancy to use
the land or building as set forth in said application. Said application
shall be transmitted to the Board.
C.
The applicant shall present a statement and adequate
evidence, in such form as the Board may require, showing that, and
the Board shall not grant a variance unless it finds that:
(1)
There are special circumstances or conditions applying
to the land, building or use referred to in the application.
(2)
The granting of the application is necessary for the
preservation and enjoyment of substantial property rights.
(3)
The granting of the application will not materially
affect adversely the health or safety of persons residing or working
in the neighborhood of the proposed use and will not be materially
detrimental to the public welfare or injurious to property or improvements
in said neighborhood.
D.
In granting any variance under the provisions of this
section, the Board shall designate such conditions in connection therewith
as will, in its opinion, secure substantially the objectives of the
regulations or provisions in the application of which the variance
is granted as to light, air, character of the neighborhood, conformity
to the Comprehensive Plan and, generally, the public health, safety,
comfort, convenience and general welfare.
Upon appeal from a decision of the Building
Inspector, the Zoning Board of Appeals shall have power to decide
any question involving the interpretation of any provision of this
chapter, including determination of the location of any district boundary
if there is uncertainty with respect thereto.
A.
Upon receipt of a written application together with
any necessary plans, maps and data, the Zoning Board of Appeals shall
fix a reasonable time for a public hearing, give public notice as
well as due notice to interested parties and decide the same within
a reasonable time, not exceeding 30 days. At the hearing, any party
may appear in person or be represented by agent or by attorney.
B.
The concurring vote of a majority of the Board shall
be necessary to approve any application for a use permit or for a
variance in the regulations or to reverse any determination of the
Building Inspector.[1]
C.
In all cases in which adjustments or variances are
granted under the provisions of this section, the Board shall require
such evidence and guarantee as it may deem to be necessary that the
conditions designated in connection therewith are being and will be
complied with.
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 have been 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 underway at the end of such six-month period.
This chapter may be amended as provided in the
state law on village planning and zoning and applicable to the Village
of Superior.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Except as specifically herein provided, it is
not intended by this chapter to repeal, abrogate, annul or in any
way to impair or interfere with any existing provision of law or ordinance,
or any rule, regulation or permit previously adopted or issued, or
which shall be adopted or issued pursuant to law relating to the use
of building or land or relating to the erection, construction, establishment,
moving, alteration or enlargement of any building or improvement;
nor is it intended by this chapter to interfere with or abrogate or
annul any easement, covenant or other agreement between parties; provided,
however, that whenever this chapter imposes greater restrictions upon
the erection, construction, establishment, moving, alteration or enlargement
of buildings or the use of any building or of land in any of the districts
established by this chapter than are imposed or required by such existing
provisions of law or ordinance, or by such rules, regulations or permits,
or by such easements, covenants or agreements, then the provisions
of this chapter shall control.
A.
All departments, officials and public employees of
the Village which are vested with the duty or authority to issue permits
or licenses shall conform to the provisions of this chapter and shall
issue no such permit or license for any use, building or purpose if
the same would be in conflict with the provisions of this chapter.
Any such permit for license, if issued in conflict with the provisions
of this chapter, shall be null and void.
B.
Any person who shall violate any of the provisions
of this chapter shall be subject, upon conviction thereof, to the
penalties for such violations specified in the state law on village
planning and zoning and applicable to the Village of Superior.
C.
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 any of the provisions of this chapter
shall be and the same is hereby declared to be unlawful, and the Village
Attorney shall, immediately upon any such violation having been called
to his attention, institute injunction, mandamus, abatement or any
other appropriate action to prevent, enjoin, abate or remove such
erection, construction, reconstruction, alteration, conversion, maintenance
or use. Any property owner who may be especially damaged by any violation
of this chapter may also institute such action.
All other ordinances and parts of ordinances
in conflict with this chapter, to the extent of such conflict and
no further, are hereby repealed; provided, however, that nothing herein
contained shall be deemed to repeal or amend any ordinance requiring
a permit or license to cover any business, trade or occupation.
