Buchanan Town City Zoning Code
ARTICLE II
Administration and Enforcement
§ 525-5 Town Zoning Administrator.
The provisions of this chapter shall be administered and enforced by the Town Zoning Administrator (hereinafter referred to as the "Administrator"). The Town Administrator, or designee, shall act as the Zoning Administrator. The Administrator is authorized to act through aides and assistants. In the performance of the duties of the Office of Zoning Administrator, the Administrator may request the assistance of any appropriate officer or agency of the county or State of Wisconsin.
§ 525-6 Administrator duties and powers.
The Administrator shall have the following duties and powers:
A.
Coordinate with the Town Building Inspector and review applicable permits to verify compliance with this chapter prior to issuance of building permits.
B.
Examine all applications for special exceptions and building permits which require submittal and approval of a site plan under § 525-11.
C.
Receive all applications for a zoning amendment (text and map), special exception, interpretation, appeal and/or variance and refer such applications to the Plan Commission or Board of Appeals. A variance shall only be issued upon order of the Board of Appeals.
D.
Conduct inspections to determine compliance or noncompliance with the provisions of this chapter.
E.
Issue stop-work, cease-and-desist orders, and orders requiring the correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be posted on the property in a conspicuous place and/or served personally or by certified mail upon persons deemed by the Administrator to be in violation of the provisions of this chapter. It shall be unlawful for any persons to violate any such order issued by the Administrator.
F.
Institute in the name of the Town any appropriate action or proceedings to prevent violations of this chapter.
G.
Revoke by order any building permit approved under a misstatement of fact or contrary to the provisions of this chapter.
H.
Maintain maps of all special exceptions and maintain a file on each.
I.
Upon request of the Town Board, Plan Commission, or Board of Appeals, present to such persons or bodies facts, records or reports which they may request to assist them in making decisions or assist them in any other way as requested.
J.
Maintain a map or maps showing the current zoning classification of all lands under the jurisdiction of this chapter. The Administrator shall also ensure that a current copy of the Official Zoning Atlas is available for public inspection.
§ 525-7 Town Building Inspector.
A.
Upon adoption of this chapter, the Town shall appoint a Town Building Inspector.
B.
Town Building Inspector's duties and powers.
(1)
Receive and examine all applications for building permits and forthwith transmit copies of all such applications to the Administrator.
(2)
Issue building permits only where there is compliance with the provisions of this chapter. Building permits for structures requiring connection to a private domestic sewage treatment and disposal system shall be issued only where there is compliance with applicable sanitary codes. Building permits for development in the floodplain, shoreland and wetland jurisdiction of the Town of Buchanan may be issued contingent upon permits being obtained or verified permits aren't necessary from applicable permitting agencies (county, state, federal, etc.).
(3)
Receive and forthwith transmit to the Administrator all applications for building permits which require site plan approval under § 525-11 of this chapter.
(4)
Conduct inspections to determine compliance or noncompliance with the provisions of this chapter and report any violations of this chapter to the Administrator.
§ 525-8 Plan Commission.
Refer to Chapter 114, Plan Commission, of the Town of Buchanan Code for information on the Plan Commission's roles and responsibilities.
§ 525-9 Board of Appeals.
A.
Establishment of Board. In order that the objectives of this chapter may be more fully and equitably achieved and a means for interpretation provided, there is established a Board of Appeals (hereinafter referred to as "the BOA") for the Town of Buchanan. Membership and terms of office shall be as follows:
(1)
Board members. The Board of Appeals shall consist of five members. The highest elected officer shall appoint the members subject to confirmation by the Town Board. The members of the BOA shall all reside within the Town of Buchanan. The highest elected officer shall designate one of the members as Chairperson.
(2)
Terms. The terms of the first appointed shall be for one year, two for two years and two for three years. Successors shall be appointed in such manner at the expiration of each term, and their terms of office shall be three years in all cases, beginning April 30 in the year in which they were appointed and until their successors are appointed.
(3)
Vacancies and removal. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant. Members shall be removable by the Town Chairperson for cause upon written charges and after a public hearing.
(4)
Compensation. The actual and necessary expenses incurred by the BOA in the performance of its duties shall be paid and allowed by the Town Board as in cases of other claims against the Town. The members of the BOA and their assistants may also be compensated as may be authorized by the Town Board.
B.
Rules, meetings, decisions and records.
(1)
Rules. The BOA shall adopt rules for the conduct of the business of the BOA in accordance with the provisions of this chapter. The BOA may adopt further rules, as necessary. No rule may be changed without the concurring vote of a majority of the BOA.
(2)
Meetings. Meetings of the BOA shall be held at the call of the Chairperson and at such other times as the BOA may determine. Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the BOA shall be open to the public.
(3)
Records and decisions. The BOA shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Town Clerk and shall be a public record.
(4)
Votes required. If a quorum is present, a majority vote of the members of the BOA present shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect a variation. The grounds of every such determination shall be stated.
C.
Jurisdiction of Zoning Board of Appeals. The BOA is hereby vested with the following jurisdiction and authority:
(1)
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrator or designee in the enforcement of this chapter.
(2)
Variances. To hear and act upon applications for specific variances from the terms provided in this chapter.
(3)
Other matters. To hear and act upon all other matters refereed to it upon which it is required to act under this chapter.
(4)
Assistance. The BOA may request assistance from other Town officers, departments, commissions, and boards.
(5)
Oaths. The Chairperson, or in his/her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
D.
Powers and duties regarding appeals.
(1)
Powers. The BOA shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Administrator in the enforcement of this chapter. The BOA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.
(2)
Procedures. Appeals to the BOA may be taken by any person aggrieved or by any officer, department, board or bureau of Buchanan affected by any decision made by an administrative officer. Such appeal shall be taken within 60 days of the order, requirement, decision or determination appealed from by filing with the Administrator and with the BOA a notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the BOA all the papers constituting the record upon which the action appealed from was taken. The BOA may request the applicant to provide additional information as may be needed to determine the case. A Class 2 notice pursuant to Chapter 985, Wis. Stats. shall be published specifying the date, time, and place of the hearing and the matters to come before the BOA.
(3)
Stays. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the BOA after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the BOA or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(4)
Withdrawal or amendment.
(a)
If the applicant elects to withdraw the appeal any time before final determination is made by the BOA, this fact shall be noted on the application, with the signature of the applicant attesting withdrawal. Copies of the withdrawn application shall be returned to the files of the BOA, to the Administrator and to the applicant.
(b)
Amendment of an appeal by the applicant may be permitted at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after public notice of the hearing has been given, and such amendment is at variance with the information set forth in the public notice, the applicant shall pay an additional fee to cover the cost of amending the public notice. If the amended notice can be published within the time frame specified for the public hearing, the hearing on the amended appeal may be held on that date; otherwise, the Chairperson shall announce that the hearing originally scheduled on the case will be deferred to a future meeting, before which appropriate public notice will be given, and will state the reasons for deferral.
E.
Powers and duties regarding variances.
(1)
Powers. The BOA shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship; and so that the spirit of this chapter shall be observed, and substantial justice done.
(2)
Procedures. Upon filing with the Town Clerk an application for variance, a reasonable time (not more than 60 days from the filing date) shall be set for a public hearing. A Class 2 notice pursuant to Chapter 985, Wis. Stats., shall be published specifying the date, time, and place of the hearing and matters to come before the BOA.
(3)
Requirements for a variance. In general, the power to authorize a variance from the requirements of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance shall be granted for actions which require an amendment to this chapter or for use variances. Dimensional/area variances shall only be granted when the BOA finds that:
(a)
The variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter.
(b)
The variance will not permit the establishment of a use which is not permitted or permissible in the district; a use variance is not permitted, only dimensional.
(c)
Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district.
(d)
The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district.
(e)
The hardship is not shared generally by other land or buildings in the area.
(f)
The hardship results from the strict application of this chapter and is not the result of self-created or self-imposed circumstances.
F.
Powers and duties regarding interpretations.
(1)
The BOA shall have the power to hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts.
G.
Appeals from BOA decisions. Any person or persons, jointly or severally, aggrieved by any decision of the BOA or any taxpayer, or any officer, department, board or bureau of the municipality may, within 30 days after the filing of the decision in the office of the Town Clerk, commence an action seeking the remedy available by certiorari.
§ 525-10 Building permits.
A.
Applicability. No building or structure (except signs exempt from the provisions of this chapter) shall be erected, constructed, reconstructed, altered, moved or enlarged until a building permit has been obtained from the Administrator or Town Building Inspector and a fee has been paid as listed in the Town Fees and Licenses Schedule.[1]
[1]
Editor's Note: The Fees and Licenses Schedule is on file in the Town Administrator's office.
B.
Application for building permit. Application for a building permit shall be made in writing upon a form furnished by the Town of Buchanan and shall include the following information:
(1)
Name and address of the owner of the land and the owner of the building or structure, if different.
(2)
Plot and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon and the exact sizes and locations on the lot of buildings or structures already existing, if any, and the exact sizes and locations on the lot of buildings or structures proposed to be erected, constructed, reconstructed, altered or enlarged.
(3)
The existing and/or proposed use of all buildings or parts thereof on the lot.
(4)
The number of families the building is designed to accommodate, the gross leasable floor space of the building, or the number of employees the building is designed to accommodate.
(5)
The location and number of required off-street parking and loading spaces.
(6)
Such other information with regard to the lot and existing or proposed buildings or structures as may be necessary to determine compliance with and provide enforcement of this chapter, including, but not limited to, a detailed plan of any existing private domestic sewage treatment and disposal system and any requirements deemed necessary as listed in § 525-11.
C.
Approval and issuance of building permit. If the Administrator or Town Building Inspector determine that the proposed structure or building will comply with the provisions of this chapter, he/she shall officially approve and sign one set of plans and return it to the owner or applicant and shall issue a building permit which shall be kept on display at the site of the proposed building or structure.
D.
Construction to be as provided in applications. Building permits issued on the basis of applications and plans approved by the Administrator or Town Building Inspector authorize only the use, arrangement and construction set forth in such approved applications and plans. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this chapter.
E.
Expiration of permit. Construction under a general building permit shall be completed within 12 months of the date of issuance or it shall expire and be null and void; extensions may be granted at the discretion of the Building Inspector. New residential home construction shall comply with the Uniform Dwelling Code. Nonresidential construction shall comply with the State Commercial Code.
F.
Improper issuance. A building permit which was issued in error or under a misstatement of fact by the applicant shall not create any right in such permit, and the Town shall be entitled to revoke such permit.
G.
Prior permits. No building permit lawfully issued by the Administrator or Town Building Inspector prior to the effective date of adoption or amendment of this chapter shall be invalidated by the adoption or amendment of this chapter. Such permit shall remain valid and subsisting, subject only to its own terms.
§ 525-11 Site plan review.
A.
Application. An application for a site plan is required to be submitted to and approved by the Administrator prior to:
(1)
Performing site work and installation of applicable improvements as required by this chapter and the Buchanan Municipal Code.
(2)
Obtaining an erosion control/stormwater permit as required by this chapter and the Buchanan Municipal Code.
(3)
Obtaining a building permit or other required permit as required by this chapter and the Buchanan Municipal Code. Interior or exterior remodels, or work considered maintenance that does not expand the existing footprint of a building or structure, does not require a site plan unless otherwise required by this chapter.
B.
Site plan requirements. The following plans, documents, and information, if applicable as determined by the Administrator or designee, shall be submitted to the Administrator before it shall be considered an official site plan application submittal.
(1)
An application on a form provided by the Town.
(2)
Plan set to include the following plan sheets unless otherwise waived by the Administrator (a simple building permit for a residential accessory structure/building may not require the same information/plan sheets as a commercial/industrial construction project). Each plan sheet shall provide adequate information to verify all requirements have been met. Plans may be required to be prepared and stamped by a licensed engineer or architect.
(3)
Existing conditions sheet to include all existing structures, buildings, utilities, easements, and natural features such as rivers/streams/lakes/wetlands/forested areas, etc. (topographic survey/CSM/plat).
(4)
Standard notes sheet.
(5)
Site plan sheet which shall meet the requirements of this chapter, to include but not be limited to the applicable zoning district uses, dimensional requirements, and access and visibility and parking requirements.
(6)
Utility plan sheet.
(7)
Erosion control plan sheet, which shall meet the requirements of the Buchanan Municipal Code.
(8)
Grading/drainage/stormwater plan sheet, which shall meet the requirements of the Buchanan Municipal Code.
(9)
Landscape plan sheet, which shall meet the requirements of this chapter.
(10)
Lighting/photometric plan sheet, which shall meet the requirements of this chapter.
(11)
Sign plan sheet, which shall meet the requirements of this chapter.
(12)
Building elevation sheet in color and black and white, which shall meet the requirements of this chapter.
(13)
Standard details plan sheet(s).
(14)
Stormwater management report, which shall meet the requirements of the Buchanan Municipal Code and state/county/federal requirements.
(15)
Erosion control application.
(16)
County, state, and federal permits and/or approvals if available at the time of submittal. Final approval of the site plan and issuance of erosion control/stormwater/site and building permits to construct may require applicable approvals be submitted to Buchanan.
(17)
Any other information that may be required to demonstrate all applicable requirements have been complied with and is consistent with the Comprehensive Plan.
C.
Approval. Upon site plan approval, Buchanan shall issue an erosion control and/or stormwater permit as required by the Buchanan Municipal Code, for site work to begin; building permits may be issued once the erosion control permit, if required, has been issued.
D.
Inspection and completion.
(1)
All improvements required as part of the site plan approval shall be complied with and completed/installed within three months of occupancy of the building or structure unless occupancy/completion occurs between November 1 and May 1, in which case improvements shall be completed no later than July 1 of the following year.
(2)
If no building or structure is constructed as part of the project, all improvements required in this chapter shall be completed/installed within 12 months of issuance of an erosion control/stormwater permit.
(3)
If no erosion control/stormwater permit is required, all improvements shall be completed within 12 months of approval of the site plan approval.
(4)
Within 30 days of the completion, the owner/developer shall request an inspection of the improvements to verify compliance with the approved site plan and record drawings shall be submitted showing proposed and final grades, utilities, stormwater facilities and any other special features that may need to be identified.
E.
Expiration.
(1)
If a building permit is required, the site plan approval shall expire if the building permit is not obtained within 12 months of site plan approval.
(2)
If a building permit is not required, but an erosion control/stormwater permit is required, the site plan approval shall expire if the erosion control/stormwater permit is not obtained within 12 months of site plan approval.
(3)
If a building permit and erosion control/stormwater permit are not required, the site plan approval shall expire if all required improvements are not installed/met within 12 months of site plan approval.
F.
Amendments. Changes to site plans shall be reviewed and approved by the Administrator or designee prior to making any changes to the approved site plan or field changes. If it is determined it is a minor change, no fee shall be charged. If it is determined it is a major change, the site plan fee shall be charged.
§ 525-12 Comprehensive Plan.
A.
Statutory authority; adoption of plan. Pursuant to the provisions of § 66.1001 and 60.22, Wis. Stats., the Buchanan Town Board does ordain its authority to prepare and adopt a comprehensive plan as defined in § 66.1001(1)(a) and 66.1001(2), Wis. Stats.
B.
Having completed the Town of Buchanan Comprehensive Plan in accordance with the requirements stipulated in Wisconsin's Smart Growth Law, 1999 Act 9, and defined in § 66.1001, Wis. Stats., the Buchanan Town Board hereby adopts the Town of Buchanan Comprehensive Plan as the guide for future land use and development decisions in the Town.
C.
All programs and actions of the Town that affect land use, including this zoning ordinance, shall be consistent with the Comprehensive Plan.
§ 525-13 Special exceptions.
A special exception is a use or structure that may not be appropriate generally or without restriction throughout a district but, if controlled as to number, area, location, or relation to neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare. Such uses or structures may be permissible in a zoning district as a special exception only if specific provision for such use or structure is made in the district. A special exception shall not be issued for any use or structure without compliance of this chapter.
A.
Procedure.
(1)
Applications for a special exception shall be submitted to the Administrator.
(2)
A site plan, in compliance with this chapter, is required for applications for a special exception, and it shall be submitted simultaneously with the application. There may be instances where a site plan is not required; in those instances, the Administrator shall have the discretion to determine if a site plan is required and to what level of detail is required to be submitted based on existing site conditions and if physical site or building improvements are required or being proposed.
(3)
The application may also be accompanied by any other material or information necessary to demonstrate the grant of a special exception will be in harmony with the general intent and purpose of these zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public interest. The Administrator shall refer all applications and accompanying materials to the Plan Commission.
B.
Public hearing. A public hearing shall be set within 60 days of filing a complete application to come before the Plan Commission. A Class 2 notice pursuant to Chapter 985, Wis. Stats. shall be published specifying the date, time, and place of the hearing and the matters to come before the Plan Commission.
C.
Approval, conditions, and safeguards. Standards for granting special exceptions. Special exceptions shall be recommended by the Plan Commission and approved by the Board when all of the following conditions prevail.
(1)
The establishment, maintenance, or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.
(2)
The special exception will not be injurious to the uses of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located.
(3)
The proposed use will not create a look of clutter, garishness, glare, or create an obnoxious noise level, or would generate any other incompatibility with the surrounding neighborhood.
(4)
The impact of the use is furthering the purposes of this chapter or the purposes of the zoning district in which the use is proposed or the adopted Comprehensive Plan.
(5)
The establishment of the special exception will not impede the normal and orderly development and improvement of the surrounding property.
(6)
Adequate facilities, access roads, drainage, and/or necessary services will be provided.
(7)
Adequate measures have been or will be taken to provide ingress and egress designed as to minimize traffic congestion in the public streets.
(8)
If the special exception involves a public use or a use providing public utility service, such use or service shall meet a demonstrable public need and provide a public benefit.
(9)
The requirements of this chapter are met.
(10)
It is consistent with the Comprehensive Plan.
D.
Conditions, guarantees, and validity period.
(1)
Prior to the granting of any special exception, the Plan Commission may recommend, and the Board may place such conditions and restrictions as is deemed necessary for the protection of the public interest and to secure compliance with the standards specified in § 525-13C. Where special exceptions are subject to conditions, the Plan Commission may recommend, and the Board may require evidence and guarantees as it may deem necessary (as proof the stipulated conditions are being and will be complied with).
(2)
A special exception shall become effective upon approval by the Board and all conditions shall be complied with. A record of the special exception shall be kept in the Clerk's files.
(3)
If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or those imposed by the Board, the Board shall grant the special exception. Any condition imposed must be related to the purpose of this chapter and be based on substantial evidence. Substantial evidence is defined in § 62.23(7)(de)(2)(a) of the Wisconsin Statutes as facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
(4)
The requirements and conditions must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by Buchanan relating to the special exception are or shall be satisfied, both of which must be supported by substantial evidence. Buchanan's decision to approve or deny the permit must be supported by substantial evidence.
E.
Inspection and completion.
(1)
All conditions and improvements required as part of the special exception approval shall be complied with and completed/installed within three months of occupancy of the building or structure unless occupancy/completion occurs between November 1 and May 1, in which case improvements shall be completed no later than July 1 of the following year.
(2)
If no building or structure is constructed as part of the project, all improvements required in this chapter shall be completed/installed within 12 months of issuance of an erosion control/stormwater permit.
(3)
If no erosion control/stormwater permit is required, all conditions shall be completed within 12 months of approval of the special exception approval.
(4)
Within 30 days of the completion, the owner/developer shall request an inspection of the improvements to verify compliance with the approved special exception and record drawings shall be submitted in a format as required by Buchanan.
F.
Expiration.
(1)
If a building permit is required, the special exception approval shall expire if the building permit is not obtained within 12 months of special exception approval.
(2)
If a building permit is not required, but an erosion control/stormwater permit is required, the special exception approval shall expire if the erosion control/stormwater permit is not obtained within 12 months of special exception approval.
(3)
If a building permit and erosion control/stormwater permit are not required, the special exception approval shall expire if all required improvements and/or conditions are not installed/met within 12 months of special exception approval.
(4)
Once granted, a special exception shall remain in effect as long as the conditions upon which the permit was issued are followed, but Buchanan may impose conditions such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in this chapter or by the Plan Commission or Board.
G.
Amendments. A minor change to a special exception shall be requested by the applicant in writing to be reviewed and voted on by the Plan Commission; no fee shall be charged. If it is determined the modification is a major change, the applicant shall be required to file a new special exception permit application with applicable fees.
H.
Existing special exceptions. Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a special exception in the district it is located in shall be deemed to have been granted approval, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement, or change in such use or structure shall require approval according to the terms of this chapter.
I.
Records and decisions. The Plan Commission and Board shall keep a record of its proceedings under this section and shall be filed immediately as public records. Every final decision under this section shall be in a written resolution approved by the Board accompanied by findings of fact based on the record.
J.
Appeal. If a special exception request is denied the decision may be appealed to the Circuit Court.
§ 525-14 Amendments.
A.
Authority. The Town Board may amend the regulations and requirements of this chapter or change the district boundaries of the Official Zoning Atlas. A petition for the amendment may be made by any property owner in the area to be affected by the amendment, by the Town Board or by any member of the Town Board or Town Plan Commission.
B.
Amendments. Amendments to the Official Zoning Atlas shall be approved by the Outagamie County Board of Supervisors in accordance with the provisions of this chapter and § 60.62, Wis. Stats. Amendments shall be effective as provided in § 60.62, Wis. Stats. Amendments shall promptly be portrayed on the appropriate map page and include the ordinance number and effective date of the amendment.
C.
Petition and procedures. The petition shall be filed with the Administrator, who shall immediately refer it to the Plan Commission for its consideration, report and recommendations. Procedures shall be in accordance with § 62.23(7), Wis. Stats. A petition filed by a property owner shall be accompanied by a fee as contained in the Town of Buchanan Fees and Licenses Schedule.
§ 525-15 Fee schedule.
Fees required under this chapter shall be established in the Town of Buchanan Fees and Licenses Schedule[1] from time to time by resolution of the Town Board. No action shall be taken prior to payment of the required fee.
[1]
Editor's Note: The Fees and Licenses Schedule is on file in the Town Administrator's office.
§ 525-16 Remedies.
Compliance with the provisions of this chapter shall be enforced by appropriate fines and penalties. Compliance may also be enforced by injunctional suit of the Town or by the owner or owners of real estate within the district affected by the regulation.
§ 525-17 Violations and penalties.
Any person who violates any provision of this chapter or any order, rule or regulation made hereunder shall, upon conviction, forfeit not less than $10 nor more than $500 for such offense, together with the costs of prosecution. Each day that a violation continues to exist shall constitute a separate offense.
§ 525-18 Notice of violation.
If the Zoning Administrator finds that any of the provisions of this chapter are being violated, he/she shall notify, in writing by registered or certified mail, the person(s) responsible, indicating the nature of the violation and ordering the action necessary to correct the violation. Whenever a person shall have been notified in writing that he/she is in violation of the provisions of this chapter, such person shall commence correction of all violations within five days of notice. If such corrections are not corrected within five days of written notice, each day that a violation continues shall be considered a separate offense.