City of Glenwood, WI Article XIII Administration

§ 450-87 General administrative system.

This chapter contemplates an administrative and enforcement officer titled 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 Map, and amending the text of this chapter, require review and recommendation by the Planning 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.

§ 450-88 Zoning Administrator.

A. Appointment. The Common Council shall designate the Zoning Administrator 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 where otherwise provided.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Duties. In enforcing and administering this chapter, the Administrator shall perform the following duties:

(1) Issue the necessary building permits and zoning and occupancy permits required by the provisions of this chapter, provided its provisions have been complied with.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 Planning 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 zoning and occupancy permit 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 ensure compliance with or to prevent violation of its provisions.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) In the name of the City and with authorization of the Common Council, commence any legal proceedings necessary to enforce the provision of this chapter or the building code, including the collection of forfeitures provided for herein.

§ 450-89 Role of specific City officials in zoning administration.

A. Common Council. The Common Council, subject to the holding of public hearings, has ultimate authority to grant planned unit development applications, make changes and amendments in zoning districts, approve conditional uses, amend the Zoning Map and amend the text of this chapter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter.

§ 450-90 Zoning and occupancy permit.

A. Permit required.

(1) No vacant land shall be occupied or used and no building shall be hereafter erected, structurally altered, relocated, used or occupied until a zoning and occupancy permit has been issued certifying that any such building, use or occupancy complies with the provisions of this chapter. Such permit shall be obtained before any change is made in the type of use or before any legal nonconforming use is resumed, changed, extended or granted conditional use status.

(2) A zoning and occupancy permit is required in the following situations:

(a) Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase its floor area.

(b) Before any land use is substantially altered.

(c) Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.

(d) Before building an accessory structure, even though not intended for human occupancy.

B. Application for permit.

(1) The permit application shall be made to the Zoning Administrator on forms provided by the City. Applications shall be submitted in duplicate, except that when site plan approval is required, they shall be submitted in quadruplicate. The application shall include the following information:

(a) Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.

(b) Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(c) Plat of survey prepared by a professional land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(d) Additional information as may be required by the Zoning Administrator, City Engineer, and Building Inspector and all information required for site plan approval.

(2) Application for such permit shall be made to the Administrator prior to or at the same time as the application for a building permit or prior to the commencement of any use not involving a building permit.

(a) Such application shall state that the building or proposed use of a building or land complies with all the building and health laws and with the provisions of this chapter and contain a statement by the applicant as to the intended use of the premises and buildings thereon.

(b) Within 10 days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the Administrator shall make an inspection of the premises and any building thereon and of the building and intended use thereof, and if the proposed use of the premises complies with the requirements of this chapter a zoning and occupancy permit shall be issued.

(c) For the purpose of defraying the cost of inspection and administrative processing, such application shall be accompanied by such fee as established by the Common Council.

C. If, within 12 months of the date of application, no zoning and occupancy permit has been issued, any building permit related thereto shall lapse and the Administrator shall make immediate investigation to ascertain that no use or occupancy has, in fact, commenced without proper authority. Upon showing valid cause, the Administrator may grant an extension of such permit for a period not to exceed six months.

D. Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. 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 voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.

§ 450-91 Site plan approval.

A. Site plan approval required. All applications for zoning and occupancy permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by the Common Council in accordance with the requirements of this section.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Application. The applicant for a zoning and occupancy permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Common Council or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 Common Council within 10 days. The Common Council 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 30 days of its receipt of the application, the Common Council shall authorize the Zoning Administrator to issue or refuse a zoning and occupancy permit.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Requirements. In acting on any site plan, the Common Council 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; and 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 Common Council 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 Common Council 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.

§ 450-92 Fees. [1]

The following fees shall be applicable for this chapter:

A. Rezoning application: as set by the Common Council per application (including repetitions of previous applications).

B. Conditional use permit application. All conditional use applications shall be filed with the City Clerk-Treasurer along with a filing fee set by the Common Council. The filing fee shall be used to reimburse the City for publication costs and attorney fees incurred in relation to the application and hearings thereon. After final decision on the application, the City Clerk-Treasurer shall return the balance of the filing fee, if any, to the applicant. The City Clerk-Treasurer, upon receipt of an application and the fee provided herein, shall immediately refer it to the Common Council for consideration.

C. Variance application. All applications for special exceptions and variances and appeals shall be filed with the City Clerk-Treasurer along with a filing fee set by the Common Council. The filing fee shall be used to reimburse the City for publication costs and attorney fees incurred in relation to the application or appeal and hearings thereon. After final decision on the application or appeal, the City Clerk-Treasurer shall return the balance of the filing fee, if any, to the applicant or appellant. The City Clerk-Treasurer, 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 184, Building Construction, of this Code of Ordinances.

E. Zoning and occupancy permit application: as set by the Common Council.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 450-93 Violations and penalties.

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, 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. Any person, firm or corporation who or which fails to comply with the provision 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.