Barton Town City Zoning Code

Regulate and restrict lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage;

Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities;

Regulate parking, loading, and access so as to lessen congestion on, and promote the safety and efficiency of, the streets and highways;

Secure safety from fire, flooding, pollution, contamination, panic, and other dangers;

Stabilize and protect existing and potential property values;

Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible development;

Further the wise use, conservation, protection, and proper development of the Town's natural resources, including soils, topography and steep slopes, water, floodlands, shorelands, drainageways, wetlands and shoreland wetlands, woodland and forests, and wildlife resource features and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base;

Preserve and protect the beauty of the Town of Barton, Wisconsin, and environs;

Further the orderly layout and appropriate use of land;

Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;

Further the maintenance of safe and healthful water conditions;

Prevent flood damage to persons and property and to minimize expenditures for flood relief and flood-control projects;

Provide for and protect a variety of suitable commercial and industrial sites;

Protect the traffic-carrying capacity of existing and proposed arterial streets, highways, and collector streets;

Facilitate adequate provision for housing, transportation, water supply, stormwater, wastewater, schools, parks, playgrounds, and other public facilities and services;

Restrict building sites in areas covered by poor soils or in other areas poorly suited for development due to natural resource features or other characteristics;

Implement those municipal, county, watershed, or regional comprehensive or master plans or their components adopted by the Town and in general facilitate enforcement of those development standards as set forth in the adopted regional, county, and municipal comprehensive master plans, master plan, Comprehensive Plan, neighborhood plans, planning district plans, adopted plan components, this chapter, and Building Code of the Town of Barton, Wisconsin;

Provide for the administration and enforcement of this chapter; and

Provide penalties for the violation of this chapter.

Part, division, section, provision, or portion of this chapter. If any part, division, section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

Application of this chapter to a particular structure, land, or water. If an application of this chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

When new chapter shall apply. All work, structures, and uses authorized by permits issued prior to the effective date of this chapter or any amendment thereto shall not be affected by this chapter. Except as provided in Subsections B, C and D below of this section, no zoning permit or special use permit shall be issued following the effective date of this chapter or any amendment thereto unless the work, structure, or use for which the zoning permit or special use permit is sought is made to fully comply with the applicable provisions of this chapter or any such amendment thereto.[1]

Right to complete construction pursuant to approved plans and permits. Nothing in this chapter, or any amendment thereto, shall be deemed to require any change in the plans, construction, or designated use of any structure if a building permit (also see Subsection C of this section) and/or certificate of occupancy for such structure was lawfully and properly issued prior to the effective date of this chapter, or any such amendment thereto, and such building permit and/or certificate of occupancy had not by its own terms expired prior to such effective date of this chapter, and construction pursuant to such permit is commenced prior to the expiration date of such permit.

Building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and the exterior of the building or structure is completed within six months of such effective date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and, further, may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Article XIII of this chapter.

Right to occupy as nonconformity. Upon completion pursuant to Subsections B and C of this section, such building or structure may be occupied by, and a zoning permit and/or certificate of occupancy shall be issued for, the use designated on such zoning permit and/or certificate of occupancy, subject thereafter, to the extent applicable, to the provisions of Article XIII of this chapter relating to nonconformities.

When chapter shall apply. This chapter, and any amendment thereto, shall apply to all applications pending and not finally decided on the effective date thereof to which it would apply if such applications were filed on or after such effective date; provided, however, that nothing in this chapter shall be deemed to require any change in any preliminary subdivision plat, final subdivision plat, certified survey map, or condominium plat that has been submitted prior to such effective date and which preliminary subdivision plat, final subdivision plat, certified survey map, or condominium plat application shall be processed in accordance with the standards and requirements that were in effect on the date such application was filed; and provided further that this chapter shall not apply to any zoning variance application that was on file with the Town of Barton and complete in all material respects prior to such effective date, and which zoning variance application shall be processed in accordance with the standards and requirements that were in effect on the date such application was filed.

Zoning administration. Within 30 days after the effective date of this chapter, or any amendment thereto, the Zoning Administrator shall inform each applicant to which this chapter applies that said application is subject to the provisions of this chapter (except pending applications for preliminary subdivision plats, final subdivision plats, certified survey maps, or condominium plats), as amended, and will be processed in accordance therewith; that the applicant may within 30 days after the mailing of such notice refile, without additional fee, its application on the basis of this chapter, as amended; and that if the applicant does not refile, its application may be denied for noncompliance with the provisions of this chapter, as amended.

Duty of applicant. Notwithstanding the provisions of Subsection B of this section, it shall be the responsibility of each applicant having an application pending on the effective date of this chapter (except pending applications for preliminary subdivision plats, final subdivision plats, certified survey maps, or condominium plats), or any amendment thereto, to modify such application in accordance with the terms and provisions of this chapter, as amended, and the failure to do so, whether or not the procedures of said section have been followed, may result in the denial of such application for failure to comply with this chapter, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this chapter, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.

Processing of pending applications. Upon the refiling of any pending application as herein provided, or upon notification from the applicant that it will not refile or modify its application, or upon the expiration of 60 days after the effective date of this chapter or any amendment thereto, whichever occurs first, such pending application shall be processed in accordance with the terms of this chapter, as amended; provided, however, that the application requirements, hearing requirements, and procedural requirements set forth in Part 7 of this chapter shall not apply to any such pending application, and each application shall be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date that such application was filed. Notwithstanding any other provision of this section, the Zoning Administrator shall have the authority to request additional data, information, or documentation for pending applications when, in the Zoning Administrator's judgment, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application.