This chapter contemplates an administrative and enforcement
officer entitled 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 Zoning Map, and amending the
text of this zoning chapter require review and recommendation by the
Plan Commission and ultimate action by the Common Council. A Zoning
Board of Appeals is provided to assure proper administration of the
chapter and to avoid arbitrariness.
A.
Appointment. The Common Council shall designate the Zoning Administrator
and as the administrative enforcement officer for the provisions of
this chapter. The duty of the Zoning Administrator shall be to interpret
and administer this chapter and to issue, after on-site inspection,
all permits required by this chapter, except as otherwise provided
in this chapter.
B.
Duties. In enforcing and administering this chapter, the Administrator
shall perform the following duties:
(1)
Issue the necessary building permits and certificates of occupancy
and land use permits required by the provisions of this chapter, provided
its provisions have been complied with.
(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 Plan 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 insure 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.
Plan Commission. The Plan 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. The Plan Commission
is authorized to issue a conditional use permit after review and public
hearing, provided that such conditional use and involved structure(s)
are found to be in accordance with the purpose and intent of this
Zoning Code and are further found to be not hazardous, harmful, offensive
or otherwise adverse to the environment or the value of the neighborhood
or the community. In general, the Plan 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 Plan Commission shall have the
powers to conduct and hold public hearings on all proposed amendments
to the City Zoning Ordinance 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 Plan 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 Plan Commission the
responsibility to hold some or all public hearings as required under
this chapter.
A.
Permit required. No building shall be erected, moved or structurally
altered until a land use permit therefor shall have been applied for
and issued.
B.
Application. All applications for a land use 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.
Application; 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 land use permit within 10 days after receipt of an application therefor.
Refusal to issue a land use 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 land use 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 land use permit or certificate
of compliance shall not be considered filed until such time as the
requested proof is filed with the Zoning Administrator office. The
Zoning Administrator may revise the form of application for land use
permit and certificate of compliance to conform with 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. All land use permits granted under the terms of
this chapter shall be valid for 12 months. Land use permits shall
expire on the first anniversary date from their issuance. In all such
cases where a permit has become null and void, a new application must
be filed for a new land use permit before any construction can be
commenced at such location. If a certificate of compliance has not
been issued for the property by the expiration date of the land use
permit, application for a new land use 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 land use 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 land use 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, land use or moving permit shall be issued unless:
(1)
Sanitary sewer and water is available, or installation thereof
has been approved by the Council or, alternatively;
(2)
A sanitary sewer system in accordance with § SPS 382.30,
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.
Required. No owner shall use or permit the use of any commercial
building or industrial building or premises or multifamily dwelling
hereafter constructed, changed, converted, remodeled, altered, repaired,
enlarged, or moved until a certificate of occupancy has been issued
by the City of Prescott. Such certificate shall show that such building
or premises, and the proposed use thereof, are in conformity with
the ordinances of the City.
B.
Application for certificate of occupancy. Every application for a
building permit shall be deemed to be an application for an certificate
of occupancy. Every application for a certificate of occupancy for
a new use or change in use of the building or premises shall be made
directly to the office of the Zoning Administrator. The fee for either
application shall be as prescribed by the fee schedule prescribed
by the Common Council.
C.
Issuance of certificate of occupancy. No certificate of occupancy
for a commercial building or industrial building, multifamily dwelling
or portion thereof, constructed after the effective date of this chapter,
shall be issued until construction has been completed and the premises
has been inspected by the Building Inspector and Fire Chief or his/her
designee.
A.
Site plan approval. All applications for land use permits for any
construction, reconstruction, expansion or conversion, (including
manufactured and mobile home communities and subdivisions) except
for one- and two-family residences in residential districts, shall
require site plan approval by the Plan Commission in accordance with
the requirements of this section.
B.
Application. The applicant for a land use permit shall also submit
a site plan and sufficient plans and specifications of proposed buildings,
machinery and operations to enable the Plan 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 Plan Commission within 10 days. The Plan 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 land use permit.
D.
Requirements. In acting on any site plan, the Plan 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;
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 community, and the applicant shall so design the construction
or use as to minimize any traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage facilities
and sanitary waste disposal.
(4)
The landscaping and appearance of the completed site. The Plan
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 approval,
the Plan 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 Plan 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. A fee per application (including repetitions
of previous applications), prescribed by the City's fee schedule.
The fees will be used to reimburse the City for administrative costs,
publication cost, attorney and engineer's fees incurred in relation
to the application and hearing thereon. Cost over the prescribed fee
in the City's fee schedule will be billed.
B.
Conditional use permit application. All conditional use applications
shall be filed with the Zoning Administrator along with a filing fee
prescribed by the City's fee schedule. The filing fee shall be used
to reimburse the City for publication costs and attorney's fees incurred
in relation to the application and hearings thereon. The Zoning Administrator,
upon receipt of an application and the fee provided herein, shall
immediately refer it to the Plan Commission for consideration. Cost
over prescribed fee in the City's fee schedule will be billed.
C.
Variance application. All applications for special exceptions and
variances and appeals shall be filed with the City Clerk along with
a filing fee prescribed by the City's fee schedule. The filing fee
shall be used to reimburse the City for publication costs and attorney's
fees incurred in relation to the application and hearings thereon.
Cost over prescribed fee in the City's fee schedule will be billed.
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 259, Building Construction, of this Code.
E.
Land use permit and certificate of occupancy applications. An application
fee shall be paid as prescribed by the City's fee schedule.
F.
Improvement review fee.
(1)
Developer's deposit. The subdivider shall pay a fee known as
a "developer's deposit" and an administrative fee as established from
time to time by resolution of the Common Council based on either the
number of residential units or square footage potential for commercial
and industrial subdivisions or based on the estimated engineering
review at the time of the submission of improvement plans and specifications
to partially cover the cost to the City of checking and reviewing
such plans and specifications. If at any time the developer's deposit
lapses beyond 30 days of nonpayment, no further inspections or reviews
will be conducted until the account is paid in full and additional
funds are deposited as determined by the City. The fee shall also
be used for any costs incurred by the City for legal, administrative,
or fiscal work which may be undertaken in connection with the plat
or plan.
(2)
Fee may be recomputed. The fee may be recomputed, upon demand
of the subdivider or City Engineer, after completion of improvement
construction in accordance with the actual cost of such improvements,
and the difference, if any, shall be paid by or remitted to the subdivider.
Evidence of cost shall be in such detail and form as required by the
City Engineer.
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 Plan 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.
(1)
Any person, firm or corporation who 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.
(2)
Failure to obtain a permit prior to commencement of work under
this chapter shall double the fee for the required permit.
(3)
The City may refuse to issue a building permit for structures/parcels
in violation of any provision of this Zoning Code.
