(a)

This chapter shall be enforced by the town board and its designee.

(b)

Town zoning official duties. The town zoning official shall have the following duties in connection with the administration of this article:

(1)

Report all violations of the terms of this chapter to the town board or its designee; whereupon the zoning official shall consult with the town attorney to process a complaint and report the same to the district attorney to expeditiously prosecute all such violations.

(2)

Develop a record as the information can be collected, of all buildings and structures situated within the setback lines as established by this chapter, or any amendment thereto, which shall include the distances of such buildings or structures from setback lines, their size, type of construction and use, the address where they are situated, and the names and addresses of the owners and occupant of the premises and the date on which the record is made. Such record shall be kept current and shall show any such buildings or structures that may be removed or damaged to the extent that their reconstruction will be contrary to this chapter.

(3)

Issue zoning/occupancy permits.

a.

No building or structure shall hereafter be erected or structurally altered until a zoning/occupancy permit therefor shall have been applied for and issued. Such application shall be made to the town zoning official on forms provided by the town. All applications shall be signed by the owner or agent and be accompanied by plans in duplicate drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location of the building on the lot, the existing and/or intended use of the building, the number of families to be accommodated, its situation with reference to the highway, the distance between the nearest point on the building and the center of the highway and such other information with regard to the proposed building and neighboring lots or buildings as may be called for on the application or may be necessary to provide for the enforcement of this chapter. In addition, on such plans, the existing or proposed location of any and all water, sewage and stormwater utilities and private utilities shall be provided.

b.

If the town zoning official finds that the proposed building or structure will not be in violation of this or any other ordinance, a zoning/occupancy permit shall be issued, with one copy of the drawing and application retained and return the other upon approval of the permit; otherwise the application will be rejected and the applicant will be informed of the reasons for rejection in writing. Such permit shall be issued or the application be denied within ten days after the receipt of the application. Such zoning/occupancy permit shall be posted on the premises so as to be visible from the highway at all times until such construction has been completed. The charges for the issuance of zoning/occupancy permits shall be determined by the town board.

c.

For buildings that are required to be served by a private water supply system or a private sewage system pursuant to Wis. Admin Code chs. SPS 325, 382 and 383, or by any other ordinance or statute, no zoning/occupancy permit may be issued prior to the issuance of a state/county well permit or a state/county sanitary permit.

d.

Statements made in the application shall be made under oath, and any willfully false statement in the application shall subject the person making it to the penalties of this chapter, in addition to other penalties for false swearing.

e.

The town and its agents shall be held harmless and immune from liability for any erroneous issuance of a zoning or related building permit or certificates issued under this article.

(4)

Issue certificate of occupancy.

a.

No vacant land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until a certificate of occupancy shall have been issued by the zoning official. Such certificate shall show that the building or premises or part thereof, and the proposed use thereof, are conforming with the provisions of this chapter. Such permit shall be issued only when the building or premises and the proposed use thereof conform with all the requirements of this chapter.

b.

Under such rules and regulations as may be established by the town board, the zoning official may issue a temporary certificate of occupancy for part of a building.

c.

Upon written request from the owner, the zoning official shall issue a certificate of occupancy for any building or premises existing at the time of the adoption of the ordinance from which this article is derived, certifying after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this chapter.

(Code 1988, § 17.82; Ord. of 1-27-2013)

(a)

Any person, firm or corporation who violates, disobeys, neglects, omits, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter, shall, upon conviction, remove the building, structure, or part thereof which violates the terms of this chapter within 30 days of such conviction. Upon failure to do so, the town board shall remove such building, structure, or part thereof which violates the terms of this chapter and the cost of such removal shall become a lien upon the property, collectively as are other taxes.

(b)

Such person, firm or corporation may also be required, upon conviction, to forfeit not less than $100.00 nor more than $500.00 for each offense, together with the costs of prosecution, and in default of the payment of such forfeiture and cost of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid but not to exceed 30 days. Each day that a violation continues to exist shall constitute a separate offense.

(c)

Whenever a person, firm or corporation has constructed or erected a structure or addition to an existing structure without obtaining the necessary permits required by this Code, the town may elect, in lieu of prosecution, to require the violating party to pay the fees set forth in section 40-46. This section shall only apply to such structures or additions that are fully in compliance with the provisions of this chapter or where a variance of the chapter provisions for the structure or addition has been granted by the board of adjustment.

(Code 1988, § 17.83; Ord. of 1-27-2013)

The provisions of this article shall prevail over any previous ordinances of the town that may be or seem to be in conflict therewith.

(Code 1988, § 17.84; Ord. of 1-27-2013)

Should any section, clause or provision of this article be declared invalid, the same shall not affect the validity of the article or any part thereof, other than the part so declared invalid.

(Code 1988, § 17.85; Ord. of 1-27-2013)

The amendment process provides a method for making changes in the zoning text and zoning map.

(1)

Initiation.

a.

Proposed text amendments may be initiated by: town board, plan commission, the property owner or a resident of the town.

b.

Proposed map amendments may be initiated by: town board, plan commission, the owner of, or owner's designated agent of the particular property to be rezoned.

(2)

Text amendments.

a.

Proposal by town board or plan commission. Text amendments may be proposed by a majority vote of the town board or by direct initiation by the plan commission. Such motion shall include findings of how the proposed amendment will serve the general public rather than an individual or narrow interest. If the proposed amendment does not serve the interests of the general public, the amendment shall be filed by the property owner or resident.

b.

Application by property owner or resident. A property owner or resident wishing to amend the text of this chapter shall meet with the zoning administrator to discuss the proposed amendment. If the owner or resident wishes to pursue an amendment, they shall file an application form with the zoning administrator accompanied by a nonrefundable application fee as set forth in the zoning fee schedule, reference this section, to cover costs of public notice and administrative review.

c.

Informal hearing. The property owner or resident wishing to amend the text of this chapter may request an informal hearing before the plan commission in order to obtain preliminary feedback on the amendment.

d.

Public hearing. Within 45 days of filing, the plan commission shall hold a public hearing, advertised by a Class 2 notice pursuant to Wis. Stats. ch. 985. If the proposed amendment has the effect of changing the allowable use of any property within the town, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the town.

e.

Action by plan commission. Within 45 days of filing, the plan commission shall review and either approve, approve with modifications, deny, or postpone action (with agreement of the petitioner) on the application. The plan commission shall transmit to the town board its recommendation. The zoning administrator will be responsible for analyzing the facts regarding the petition and prepare a staff review and recommendation for consideration by the plan commission.

f.

Action by town board.

1.

Within 30 days of the plan commission decision, the town board shall approve, approve with modifications, or deny the proposed amendment. Town board action to approve the amendment shall be done by ordinance.

2.

In the case where the plan commission denies the amendment, or in the case where a protest against a rezoning, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed rezoning, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the frontage of such opposite land is filed prior to the public hearing, such rezoning shall not become effective except by a favorable vote of three-fourths of the members of the town board voting on the proposed amendment.

g.

Action by county board. The amendment approved by the town board becomes effective only after approval of the county board of supervisors.

(3)

Map amendments (commonly referred to as rezoning).

a.

Proposal by town board or plan commission. Map amendments may be proposed by a majority vote of the town board or by direct initiation by the plan commission. Such motion shall include findings of how the proposed amendment will serve the general public rather than an individual or narrow interest. If the proposed amendment does not serve the interests of the general public, the amendment shall be filed by the property owner or owner's agent.

b.

Application by owner or owner's designated agent. An owner or owner's designated agent wishing to rezone his property shall meet with the zoning administrator to discuss the proposed rezoning. If the owner or owner's designated agent wishes to pursue a rezoning, they shall obtain, complete and file a rezoning application form with the zoning administrator accompanied by a nonrefundable fee as set forth in the zoning fee schedule, reference this section, to cover costs of public notice and administrative review.

c.

Standards for map amendments. All recommendations for official zoning map amendments shall be consistent with the adopted plans, goals and policies of the town comprehensive plan and with the intent of this chapter.

1.

Prior to making a recommendation on a proposed rezoning, the plan commission shall make a finding to determine if the following conditions exist. No rezoning of land shall be approved prior to finding at least one of the following:

(i)

The request for a zone change is in conformance with the town comprehensive plan.

(ii)

A study submitted by the applicant that indicates that there has been an increase in the demand for land in the requested zoning district, and as a result, the supply of land within the town mapped as such on the official zoning map, is inadequate to meet the demands for such development.

(iii)

Proposed amendments cannot be accommodated by sites already zoned in the town due to lack of transportation, utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district.

(iv)

There is an error in the Code text or zoning map as enacted.

2.

Any proposed rezoning not consistent with the town comprehensive plan shall require a future land use map amendment and shall follow the process for amending the comprehensive plan prior to rezoning approval.

d.

Informal hearing. The property owner or resident wishing to amend the text of this chapter may request an informal hearing before the plan commission in order to obtain preliminary feedback on the amendment.

e.

Public hearing. Within 45 days of filing, the plan commission shall hold a public hearing, advertised by a Class 2 notice pursuant to Wis. Stats. ch. 985. If the proposed amendment has the effect of changing the allowable use of any property within the town, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the town. Every effort will be made to notify property owners within 300 feet of the subject property by regular mail of the map amendment proposal. Failure to send such notice will not invalidate the public hearing.

f.

Action by plan commission. Within 45 days of filing, the plan commission shall review and either approve, approve with modifications, deny, or postpone action (with agreement of the petitioner) on the application. The plan commission shall transmit to the town board its recommendation. The zoning administrator will be responsible for analyzing the facts regarding the petition and prepare a staff review and recommendation for consideration by the plan commission.

g.

Action by town board. Within 30 days of the plan commission decision, the town board shall approve, approve with modifications, or deny the proposed amendment. town board action to approve the amendment shall be done by ordinance. In the case where the plan commission denies the amendment, or in the case where a protest against a rezoning, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed rezoning, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the frontage of such opposite land is filed prior to the public hearing, such rezoning shall not become effective except by a favorable vote of three-fourths of the members of the town board voting on the proposed amendment.

h.

Action by county board. The amendment approved by the town board becomes effective only after approval of the county board of supervisors.

i.

Reapplication time period. No application of a property owner or owner's designated agent for an amendment to the zoning map shall be considered by the plan commission within a one-year period following a denial of the same request by the town board, except that the plan commission may permit a new application if the request is for a different zoning district or for amended property boundaries.

j.

Concurrent actions for zoning amendment, planned development overlay (PDO) and conditional use permit.

1.

Applicants may submit a single petition to amend the official zoning map to change a base zoning district and designate the same map area as a PDO district.

2.

Applicants may submit a single petition to amend the official zoning map to change a base zoning district, designate the same map area as a PDO district and obtain approval for conditional uses within the PDO district. The procedure for considering such a request shall be the same as for a zoning map amendment.

(Code 1988, § 17.86; Ord. of 1-27-2013)

(a)

The fees are available upon request from the town clerk/treasurer.

(b)

For all permit fees, when the application is received after-the-fact, or where activities have occurred prior to permit approval, the fee is doubled

(Code 1988, § 17.87; Ord. of 1-27-2013)

(a)

Established. The board of adjustment shall consist of three members appointed by the town board for terms of three years, except that of those first appointed, one shall serve for one year, one for two years, and one for three years. The members of the board of adjustment shall all reside within those areas of the town which may be under jurisdiction of this chapter. The town board may allow the same compensation for members of the board of adjustment as is allowed town board members for attendance at committee meetings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall choose its own chairperson.

(b)

Alternates. The town should appoint one or more substitutes or alternate members to the board of adjustment in order to ensure participation by at least three members at all times. The substitutes or alternate members could remain on a panel providing for the like number of three members to be appointed by the town board, for two-year periods, and providing such substitute or alternate member may be appointed at any time upon recommendation of the zoning committee to the town board. The town board is empowered to call upon any qualified and appointed substitute or alternate member of the board of adjustment to act on any provision of this chapter should a member of the board of adjustment disqualify him/herself from deciding on any appeal petitioned to the board, or should any board member become incapacitated or be absent from the town for a period of time.

(c)

Proceedings. The board shall adopt such rules for its government and procedure as will carry out the regulations of this chapter. Meetings shall be held at the call of the chairperson and at such times as the board may determine. The chairperson, or in his/her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member on each question, or, if absent or failing to vote, indicating such fact. All records of the board shall be immediately filed in the office of the board and with the town clerk/treasurer and shall be a public record.

(d)

Appeals. Appeals to the board may be taken by an aggrieved person, or by any officer, department, board or bureau affected by a decision of the town board or other designated town agency. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the town clerk/treasurer and with the board a notice of appeal in writing, specifying the grounds thereof. The town clerk/treasurer shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken. The chairperson shall fix a date for hearing the appeal and cause notice thereof to all parties in interest as provided by the rules of the board.

(e)

Procedure for appealing to the board of adjustment. Any person desiring to appeal to the zoning board of adjustment from the determination of the town board or other designated town agency shall pay an application fee as determined by the town board to the town clerk/treasurer of the town at the time such appeal is filed, and failure to do so shall be grounds for rejection of such appeal. If the appeal is made for a variance after construction has commenced for the work which is the subject of the variance (i.e., after-the-fact), the fee shall be double the normal application fee.

(Code 1988, § 17.80; Ord. of 1-27-2013)

(a)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the town board or other designated town agency.

(2)

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 peculiar to a specific lot or tract of land, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done. In every case where a variance from these regulations has been granted by the board, the minutes of the board or other evidence shall affirmatively show that an unnecessary hardship or practical difficulty exists and the records of the board shall clearly show in what particular and specific respects an unnecessary hardship or practical difficulty is created.

(3)

To reverse or affirm wholly or in part or modify any order requirement, determination or decision appealed from and shall make such order, requirement, decision or determination as ought to be made in the premises and to that end shall have all the powers of the town board or its designated agency. The concurring vote of two members of the board shall be necessary to reverse any action appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.

(b)

In addition to the foregoing, the board shall have the following powers:

(1)

To grant a permit for the erection and use of a building or premises in any location, for municipal utility purposes as are reasonably necessary for public convenience and welfare. The board may require a public hearing in the consideration of such permit if the board determines that the magnitude and impact of such utility warrants a public hearing.

(2)

To grant a special permit, after due notice or public hearing, authorizing the location of any of the following buildings or uses in any district except the industrial district from which they are excluded by this chapter, provided that such building or use shall comply with all the other regulations of the district in which it is proposed to be located:

a.

Hospitals.

b.

Institutions of philanthropic or eleemosynary.

c.

Cemeteries.

d.

Community recreation buildings and fields.

(3)

To call on any other town department or official for assistance in the performance of its duties, and it shall be the duty of each other department and officials to render such assistance as may be reasonably required.

(4)

To make a determination of the location of a zoning district boundary line where there is conflicting or incomplete information and where such determination has been requested by a property owner affected by the location of such district boundary line. The adjustment of a zoning district boundary line shall not have the effect of creating a new buildable lot; if such would be the case then a zoning map amendment (rezoning) would be required to set a new zoning district boundary line.

(c)

Except as specifically provided, no action of the board shall have the effect of permitting in any district land uses prohibited in that district.

(d)

In exercising any of the foregoing powers, the board of adjustment may, in appropriate cases, establish suitable conditions and safeguards in harmony with the general purpose and intent of this chapter.

(Code 1988, § 17.81; Ord. of 1-27-2013)