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 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 this chapter
and to avoid arbitrariness.
A.
Building Inspector designated. The office of Building Inspector is
hereby designated, as Zoning Administrator, as the administrative
and enforcement officer for the provisions of this chapter. The duties
of the Building Inspector shall be to interpret and administer this
chapter and to issue, after on-site inspection, all approvals required
by this chapter. The Building Inspector shall investigate all complaints,
give notice of violations, issue orders to comply with this chapter,
and assist the City Attorney in the prosecution of ordinance violators.
The Building Inspector and his duly appointed deputies may enter at
any reasonable time onto any public or private lands or waters to
make a zoning inspection.
B.
Duties. In enforcing and administering this chapter, the Administrator
shall perform the following duties:
(1)
Issue the necessary building permits, certificates of occupancy and
zoning 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.
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. 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 shall, in arriving at its recommendation,
on occasion, of its own volition, conduct public hearings. The Plan
Commission shall have the powers to conduct and hold public hearings
on all proposed amendments to this chapter 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, has ultimate authority
to grant planned unit development applications, make changes and amendments
in zoning districts, the Zoning Map and Supplementary Floodland 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 zoning permit therefor shall have been applied for
and issued.
B.
Application. All applications for a zoning 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 this chapter.
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 this chapter,
the Zoning Administrator shall issue or refuse to issue a zoning permit
within 10 days after receipt of an application therefor. Refusal to
issue a zoning 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 zoning permit or certificate of compliance
under the terms of this chapter:
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 zoning 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 zoning
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 of any lienholder shall be
included in the application.
G.
Time limitations. Any zoning permit granted under this chapter shall
become null and void within six months after it is issued if construction
on the property for which the permit is granted has not been commenced
within the six-month period. In all such cases where a permit has
become null and void, a new application must be filed for a new zoning
permit before any construction can be commenced at such location.
All zoning permits granted under the terms of this chapter shall be
valid for only 12 months. Zoning permits shall expire on the first
anniversary date from their issuance. If a certificate of compliance
has not been issued for the property by the expiration date of the
zoning permit, application for a new zoning 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 zoning 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 zoning 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 Ch. SPS 382, Wis. Adm.
Code, and related sections thereof, has been approved for the premises,
and the premises is in compliance with Ch. NR 812, Wis. Adm. Code.
A.
In general. No vacant land shall be occupied or used, and no building
erected, altered or moved shall be occupied until a certificate of
compliance has been issued by the Zoning Administrator. Such certificate
shall show that the building or premises or part thereof and the proposed
use thereof are in conformity with the provisions of this chapter.
Such certificate shall be applied for when the application is made
for a zoning permit and shall be issued within 10 days after the completion
of the work specified in such land permit application, but only if
the building or premises and the proposed use thereof conform with
all the requirements of this chapter.
B.
Temporary certificate. Under such rules and regulations as may be
established by the Common Council, the Zoning Administrator may issue
a temporary certificate of compliance for part of a building.
C.
Issuance. Upon written request from the owner, the Zoning Administrator
shall issue a certificate of compliance for any building or premises
certifying, after inspection, the extent and kind of use made of the
building or premises, and whether or not such use conforms to the
provisions of this chapter.
A.
Site plan approval. All applications for zoning permits for any construction,
reconstruction, expansion or conversion (including mobile home parks
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 zoning permit shall also submit
10 copies of a site plan with the City Clerk-Treasurer at least 20
days prior to the meeting of the Plan Commission at which action is
desired. The City Clerk-Treasurer shall submit copies of the site
plan to the Plan Commission, City Engineer, Zoning Administrator,
Department of Public Works, Brodhead Water and Light Commission, Fire
Chief and Chief of Police for their review. The applicant shall also
submit 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.
[Amended 6-11-2001]
C.
Administration. The Zoning Administrator, City Engineer and Department
of Public Works, Brodhead Water and Light Commission, Fire Chief and
Chief of Police shall make a preliminary review of the application
and plans and refer them, along with a report of their findings, to
the Plan Commission not less than 10 days prior to the meeting of
the Plan Commission. 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 60 days of its receipt of the application, the Commission shall
authorize the Zoning Administrator to issue or refuse a zoning permit.
[Amended 6-11-2001]
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 and 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.
[Amended 12-10-2012]
Fees for Zoning Code permits shall be established by resolution
by the Common Council.
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 proceedings 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. 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 the Code of the City of Brodhead.
