Barton Town City Zoning Code
PART 7
Administration and Enforcement
§ 500-158 Zoning Administrator.
[Amended 11-1-1995 by Ord. No. 95-2[1]]
A.
Appointment. The Town Board shall appoint a Zoning Administrator who shall serve at the pleasure of the Town Board.
B.
Terms of employment. The compensation, hours of work and other terms of employment of the Zoning Administrator shall be established from time to time by the Town Board.
C.
Powers and duties. The Town Zoning Administrator of the Town of Barton is designated as responsible for enforcing this chapter. Said Zoning Administrator shall have the power and shall see that the provisions of this chapter are properly enforced.
(1)
Duties of the Zoning Administrator. In the enforcement of this chapter, the Zoning Administrator shall perform the following duties:
(a)
Issue the necessary zoning permits and other permits as provided for in the provisions of this chapter and assure that the provisions of this chapter have been complied with.
(b)
Keep an accurate record of all permits and interpretation, numbered in order of issuance, in a record book for this purpose.
(c)
Create such forms and procedures deemed necessary to administer and enforce this chapter.
(2)
Authority. In the enforcement of this chapter, the Zoning Administrator shall have the power and authority for the following:
(a)
At any reasonable time, and for any proper purpose, to enter upon any public or private premises and make inspection thereof.
(b)
Upon reasonable cause or question as to proper compliance, to revoke any building permit, certificate of occupancy or zoning 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 Zoning Administrator or the Zoning Board of Appeals.
(c)
In the name of the Town, and with authorization of the Town Board for matters initiated in Circuit Court, commence any legal proceedings necessary to enforce the provisions of this chapter or the Town of Barton Building Code, including the collection of forfeitures provided for herein.
§ 500-159 Zoning permits.
A.
Zoning permit required. In all zoning districts, except the R-1, R-2, R-3, R-4, R-5, R-6, R-7, and R-8 Districts and except one-family and two-family dwellings only in the R-9 and R-10 Districts, no vacant land shall be occupied or used and no building shall be erected, structurally altered, relocated, or used, including, but not limited to, use by a new use or changed use, until a zoning permit has been approved by the Zoning Administrator to certify that any such site, building, or use complies with the provisions of this chapter. No zoning permit is required for uses requiring a special use permit.
[Amended 11-1-1995 by Ord. No. 95-2]
B.
Application.
(1)
Application for a zoning permit shall be made in duplicate to the Zoning Administrator for Zoning Administrator consideration of the intended use. The zoning permit shall include the following:
(a)
The name, address, and phone number of the applicant or agent to be contacted with regard to the application.
(b)
Description of the property by lot, block, and recorded subdivision, certified survey map, or by metes and bounds; address of the subject site; type of structure; a word description of the existing and proposed operation or use of the structure or site; number of employees; the zoning district within which the subject site lies; and any other information pertinent to an adequate understanding of the intended use by the Zoning Administrator and Plan Commission (when a site plan is involved).
(c)
A site plan and/or plat of survey of the property in a form and indicating information and data as set forth under the requirements of § 500-149 (as applicable).
(d)
A sanitary permit when such sanitary permit is required under the provisions of Chapter 25, "Sanitary Code," of the Washington County Code, as amended.
(2)
The Zoning Administrator, after scheduling an appearance before the Plan Commission for review of the site plan, shall refer the application and related data to appropriate Town departments and the site plan to the Plan Commission for its study and/or comment prior to the Plan Commission meeting.
(3)
In considering the application, the Zoning Administrator shall take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the community and ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property values.
C.
Issuance of zoning permit. If such use complies with the requirements of this chapter and such other additional measures as may be imposed pursuant to the requirements of this chapter, the Plan Commission shall approve the site plan, and the Zoning Administrator shall authorize the issuance of a zoning permit.
D.
Zoning permit expiration. A zoning permit shall expire if, within six months of the date of issuance of a zoning permit, the proposed construction or preparation of land for use has not commenced or if the use has not occupied the structure or location. Upon the showing of valid cause by the applicant, the Zoning Administrator may grant an extension of such zoning permit for a period not to exceed six months.
§ 500-160 Special use permit.
A.
General. It is recognized that there are uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:
B.
Initiation of special uses. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this chapter and in the zoning district in which the land is situated.
C.
Application for special uses. An application for a special use, or for the expansion of an existing special use, shall be filed with the Zoning Administrator on a special use application form prescribed by the Zoning Administrator. The special use application shall be accompanied by a legal description of the property for which a special use permit is being applied for, such plans or data prescribed on the application form, a statement in writing by the applicant, and adequate evidence showing that the proposed special use will conform to the standards set forth in Article X of this chapter and those other standards set forth in this chapter which may also be applicable.
D.
Hearing on special use application. Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing. At least 11 days in advance of such hearing, but not more than 30 days, notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Town of Barton as a Class 2 notice as required under Ch. 985, Wis. Stats. In addition to publication, due notice may also be given by first-class mail to property owners of property located in the Town of Barton which is located within 500 feet of the affected property, and any nonresident's notice shall be given to the clerk of any municipality whose boundaries are within 500 feet of the affected property. Failure to give first-class mailing notice to property owners of properties located in the Town of Barton in the affected area described above or to nonresidents or to the municipal clerk of any municipality affected herein shall not invalidate any action by the Plan Commission taken on the special use application.
[Amended 2-10-1998 by Ord. No. 98-02]
E.
Authorization of special uses. For each application for a special use, the Plan Commission shall report to the Town Board its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Town Board may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20% of the frontage across an alley or directly opposite therefrom, such special use shall not be granted except by the favorable vote of 3/4 of all the members of the Town Board.
F.
Effect of denial of a special use. No application for a special use which has been denied wholly or in part by the Town Board shall be resubmitted for a period of 30 days from the date of said order of denial.
G.
Revocation. In any case where a special use has not been established within one year after the date of granting thereof, then, without further action by the Plan Commission or the Town Board, the special use authorization shall be null and void.
§ 500-161 Site plan review.
See the provisions set forth in Article XX of this chapter.
§ 500-162 Architectural review.
See the provisions set forth in Article XXIII of this chapter.
§ 500-163 Appeals.
Applications for a zoning appeal shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A.
Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B.
Plat of survey. In the case of an appeal which involves a specific property, a plat of survey prepared by a registered land surveyor showing the information (as applicable) required under § 500-149 of this chapter.
C.
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
(1)
Indication of the section(s) of the chapter being appealed.
(2)
Statement regarding the appeal requested, giving distances and dimensions where appropriate, or, in the case of an appeal of a decision of the Zoning Administrator or Building Inspector, the circumstances and appeal being requested.
(3)
Statement of the reason(s) for the request.
(4)
Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship. (Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.)
(5)
Date of any previous application for an appeal and the disposition of the previous application (if any).
D.
Additional information. Additional information as required by the Plan Commission, Town Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the zoning appeal application form.
§ 500-164 Variances.
Applications for a zoning variance shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A.
Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B.
Plat of survey. Plat of survey prepared by a registered land surveyor showing all of the information required under § 500-159 of this chapter for a zoning permit.
C.
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
(1)
Indication of the section(s) of the chapter from which a variance is requested.
(2)
Statement regarding the variance requested, giving distances and dimensions where appropriate.
(3)
Statement of the reason(s) for the request.
(4)
Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship. (Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.)
(5)
Date of any previous application for a variance and the disposition of the previous application (if any).
D.
Additional information. Additional information as required by the Plan Commission, Town Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the zoning variance application form.
§ 500-165 Minor zoning variances.
Applications for a minor zoning variance shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A.
Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B.
Photographs. Two photographs of the subject structure from different views.
C.
Drawing. If available, a drawing of the structure listing its size and dimensions and a site drawing or survey setting forth the location of the structure and its distance from lot lines and adjacent buildings on the property.
D.
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
(1)
Indication of the section(s) of the chapter from which a minor variance is requested.
(2)
Statement regarding the minor variance requested, giving distances and dimensions where appropriate.
(3)
Statement of the reason(s) for the request.
(4)
Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship. (Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.)
(5)
Date of any previous application for a minor variance and the disposition of the previous application (if any).
E.
Additional information. Additional information as required by the Plan Commission, Town Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the minor zoning variance application form.
§ 500-166 Applications for interpretation.
Applications for an Interpretation by the Zoning Administrator shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A.
Name and address. Name and address of the applicant.
B.
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
C.
Additional information. Additional information as required by the Zoning Administrator or Building Inspector.
§ 500-167 Other required permits.
It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or local agency. This includes, but is not limited to, a water use permit pursuant to Ch. 30 or 31, Wis. Stats., a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act,[1] and highway access permits.
[1]
Editor's Note: See 33 U.S.C. § 1344.
§ 500-168 Authority.
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Town Board may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.
§ 500-169 Initiation.
A change or amendment may be initiated by the Town Board, the Plan Commission, or by a petition of one or more of the owners or lessees [with signed written permission of the owner(s) only] of property within the area proposed to be changed.
§ 500-170 Petitions.
Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the Zoning Administrator, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition, and shall specify the proposed use and shall include the following:
A.
Owners' names and addresses required. Name, address, and telephone number of the petitioner for a zoning amendment; agent; and tax key numbers, names, and addresses of all property owners of all properties lying within 500 feet of the area proposed to be rezoned.
B.
Plot plan required. Plot plan drawn to scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 500 feet of the area proposed to be rezoned.
C.
Description of requested zoning district boundary change or Zoning Chapter text amendment required. The petitioner shall provide a complete legal description of the property for which a change in zoning is requested. In the case of a proposed chapter text amendment, the petitioner shall provide a copy of the text proposed to be changed, as well as the new text being proposed by the petitioner.
D.
General description of proposed development required. A general description of the proposed development of the property.
E.
Site plan required. A site plan of the proposed development of the property meeting the requirements set forth under Article XX of this chapter.
F.
Landscape plan required. A landscape plan meeting the requirements set forth under Article XXII of this chapter. Any required buffer yard easements shall be so noted on the landscape plan.
H.
Site intensity and capacity calculations required. Site intensity and capacity calculations meeting the requirements set forth in Article VIII and in the prescribed format set forth in the Town's application form.
I.
Architectural plans required. Architectural plans of the proposed development of the property meeting the requirements set forth under Article XXIII of this chapter.
J.
Additional information may be required. Additional information may be required by the Plan Commission or the Town Board.
§ 500-171 Review by Plan Commission; recommendation.
After holding a public hearing as set forth in this article, the Plan Commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, be modified, or be denied. The recommendation shall be made within 30 days after the public hearing and shall be made in writing to the Town Board.
§ 500-172 Hearings.
The Plan Commission shall hold a public hearing upon each proposed change or amendment, giving notice of the time and place of such hearing by publication in the Town of a Class 2 notice under Ch. 985, Wis. Stats. At least 10 days prior written notice shall be given to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.
§ 500-173 Town Board action.
Following such hearing and after careful consideration of the Plan Commission's recommendations, the Town Board shall vote on the passage of the proposed change or amendment.
§ 500-174 Floodland district boundary changes.
Changes to floodland zoning district boundaries are subject to the regulations and procedures set forth in Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code.
§ 500-175 Shoreland and wetland district boundary changes.
Changes to shoreland wetland zoning district boundaries are subject to the regulations and procedures set forth in Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code.
§ 500-176 PUD District procedures.
A.
Preapplication conference. Prior to official submittal of an application for a PUD District, the applicant shall file an application to meet with the Plan Commission for a preliminary discussion on the scope and proposed nature of the contemplated development.
B.
Application for a PUD District. Following the preapplication conference, the owner or his agent may file an application with the Zoning Administrator for an amendment to the Zoning Chapter text and map for the creation of a PUD District pursuant to the requirements of this article. Such application shall be accompanied by all required fees. In addition, the following materials shall be attached to the application for a PUD District: a statement describing the relationship of the PUD District to the Town of Barton's Comprehensive Plan, detailed neighborhood or planning district plans, the general character of and the uses to be included in the proposed PUD District, and the following:
(1)
Total area to be included in the PUD District, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services, and any other similar data pertinent to a comprehensive evaluation of the proposed development.
(2)
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
(3)
A general outline of the organizational structure of a property owners' or management association which is proposed to be established for the purpose of providing necessary private services.
(4)
A general development plan which meets all of the site plan requirements set forth in Article XX of this chapter and also including:
(a)
A complete legal description of the boundaries of lands included in the proposed PUD District and the PUD District's relationship to surrounding properties.
(b)
The location of public and private roads, driveways, and parking facilities.
(c)
The size, arrangement, and location of individual building sites and proposed building groups on each individual site.
(d)
The location of recreational and open space areas and areas reserved or dedicated for public uses, such as school, park, drainage, etc.
(e)
The type, size, and location of structures.
(f)
General landscape treatment.
(g)
Architectural drawings and sketches illustrating the design and character of proposed structures.
(h)
The location of public sanitary sewer and water supply facilities.
(i)
Existing topography on the site.
(j)
Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
(5)
A landscape plan meeting the requirements set forth under Article XXII of this chapter. Any required buffer yard easements shall be so noted on the landscape plan.
C.
Referral to Plan Commission. The application for a PUD District shall be referred to the Plan Commission for its review and recommendation, including any additional conditions or restrictions which it may deem necessary or appropriate.
D.
Public hearing required. The Plan Commission, before formulating its recommendations to the Town Board, shall hold a public hearing pursuant to the provisions of § 500-172. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
E.
Basis for approval. The Plan Commission, in making its recommendation, and the Town Board, in making its determination, shall give consideration to the following:
(1)
Intent to meet construction schedule. That the applicant for the proposed PUD District has demonstrated that applicant intends to meet the time schedule as set forth in the proposed PUD District application following the approval of the change in zoning districts, and that the development will be carried out according to the construction schedule satisfactory to the Town.
(2)
Consistency with chapter and Comprehensive Plan required. That the proposed PUD District is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter; is in conformity with the Comprehensive Plan, and elements thereof, for community development; is in conformity with, or serves to implement, the appropriate detailed planning district or neighborhood unit development plan, including amendments thereto; would not be contrary to the general welfare and economic prosperity of the Town or the immediate neighborhood; and that the benefits and improved design of the resultant development justifies the establishment of a PUD District. The Plan Commission, in making its recommendations, and the Town Board, in making its determination, shall further find that:
(a)
The proposed site shall be provided with adequate drainage facilities for surface and stormwater.
(b)
The proposed site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development.
(c)
The proposed development shall not impose any undue burden on public services and facilities, such as fire and police protection.
(d)
The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances of the Town.
(e)
Water and sewer facilities shall be provided.
(f)
The entire tract or parcel of land to be included in a PUD District shall be held under single ownership. If there are two or more owners, the application for such PUD District shall be filed jointly by all of such owners. The PUD District shall be considered as one tract, lot, or parcel, and the legal description must define said PUD District as a single parcel, lot, or tract and so recorded with the Register of Deeds for Washington County. The PUD District shall not be subdivided unless no development occurs and appropriate steps and procedures are taken to vacate the district either by the owners or the Town Board.
(3)
Standards for residential PUD Districts. In the case of proposed residential PUD Districts:
(a)
That such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the neighborhood.
(b)
That the total average residential density within the PUD District will be compatible with the Town of Barton Comprehensive Plan, elements thereof, and the detailed planning district or neighborhood unit development plan prepared for the area.
[1]
That the population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
[2]
That adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation or by dedication to the public.
(c)
That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
(d)
That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
(4)
Standards for commercial and institutional PUD Districts. In the case of proposed commercial PUD Districts:
(a)
That the economic practicality of the proposed development can be justified.
(b)
That the proposed development will be adequately served by off-street parking and truck service facilities.
(c)
That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
(d)
That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
(e)
That the total average intensity of development within the PUD District will be compatible with the Town of Barton Comprehensive Plan, elements thereof, and the detailed planning district or neighborhood unit development plans prepared for the area.
(5)
Standards for industrial PUD Districts. In the case of proposed industrial PUD Districts:
(a)
That the operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.
(b)
That the proposed development will have adequate provision for off-street parking and truck service areas and will be adequately served by rail or highway facilities.
(c)
That the proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
(d)
That the total average intensity of development within the PUD District will be compatible with the Town of Barton Comprehensive Plan, elements thereof, and the detailed planning district or neighborhood unit development plans prepared for the area.
(6)
Standards for mixed-use PUD Districts. In the case of mixed-use PUD Districts:
(a)
That the proposed mixture of uses produces a unified composite which is compatible within itself and which, as a total development entity, is compatible with the surrounding neighborhood and consistent with the standards and objectives of the Comprehensive Plan.
(b)
That the various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use character.
(c)
That the total average intensity of development within the PUD District will be compatible with the Town of Barton Comprehensive Plan, elements thereof, and the detailed planning district or neighborhood unit development plans prepared for the area.
F.
Determination.
(1)
Town Board action. The Town Board, after due consideration, may deny the application, approve the application as submitted, or approve the application subject to additional conditions and restrictions.
(2)
General and detailed approval. The general and detailed approval of an application for rezoning shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved by the Town Board.
(a)
General approval. Plans submitted with the application for a rezoning to the PUD District need not necessarily be completely detailed at the time of rezoning, provided they are of sufficient detail to satisfy the Plan Commission and Town Board as to the general character, scope, and appearance of the proposed development. Such preliminary plans shall designate the pattern of the proposed streets and the size and arrangement of individual building sites. The approval of such preliminary plans shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses.
(b)
Detailed approval. Plans submitted for detailed approval shall be sufficiently precise that all factors that need to be identified by the Plan Commission are presented, and that any approvals given are all that would be necessary prior to issuance of a building permit.
(3)
Subsequent change or addition to the plans or use. Any subsequent change or addition to the plans or use shall first be submitted for approval to the Plan Commission and, if in the opinion of the Plan Commission such change or addition constitutes a major change to the original plan, a public hearing before the Plan Commission shall be required and notice thereof be given pursuant to the provisions of this article, and said proposal alterations shall be submitted to the Town Board for approval. The Plan Commission shall find that any modification therein, including modifications in location, design, and number of buildings, roadways, and utilities shall be considered a major change if such modification:
§ 500-177 Protests.
In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the full Town Board membership.
§ 500-178 Administrative fees.
As a condition of the review of any application for any type of permit as required under the provisions of this chapter, the applicant shall pay the Town of Barton, at the time of application, all fees to the Town of Barton as required by the Town of Barton Fee Schedule and at the times specified by the Town of Barton Fee Schedule before being entitled to any approvals or permits.[1] No application filed pursuant to this chapter shall be considered complete unless and until all fees due pursuant to this chapter have been paid. Every approval granted and every permit issued pursuant to this chapter, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of the required fees. The failure to fully pay any such fee when due shall be grounds for the Town of Barton to refuse to process, or to continue to process, an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee(s) relates.
[1]
Editor's Note: The Town Fee Schedule is on file at the office of the Town Clerk.
§ 500-179 Unlawful acts.
A.
Unlawful to use or improve any structure or land or to use water or air in violation of any provisions of this chapter. It shall be unlawful to use or improve any structure or land or to use water or air in violation of any provisions of this chapter. In case of violation, the Town Board, the Zoning Administrator, Building Inspector, the Town Attorney, the Plan Commission or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B.
Actions and proceedings to enjoin violations. The Town of Barton may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes or Wisconsin Administrative Code.
§ 500-180 Violations and penalties; additional remedies.
A.
Double fee. A double fee shall be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.
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, resident agent, or occupant of the premises, the Town Board, the Zoning Administrator, the Building Inspector, or the Town Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.
C.
Forfeiture and imprisonment. Any person, firm, or corporation who violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $20 nor more than $200, plus the costs of prosecution, for each offense.
D.
Separate offense. Each day a violation exists or continues shall constitute a separate offense.
E.
Injunctive relief. In addition to the above-described fines, the Town Board or its agent shall have the power to institute appropriate action for injunctive relief to prevent persons, firms, or corporations from acting in violation of the provision of this chapter.