Fulton Town City Zoning Code
ARTICLE V
Administration and Enforcement
§ 425-5-1 Town Board.
A.
Powers and duties pertaining to this chapter. The Town of Fulton Board (hereafter "Board") shall have the following powers and duties pertaining to this chapter without limitation by reason of enumeration, including delegation of powers thereof:
(1)
Establish, appoint, and confirm the Town Plan Commission, Town Zoning Administrator, Town Building Inspector, Town Board of Adjustment, and members thereof;
(2)
Set and collect fees for zoning and land use activities in accordance with § 425-5-6 of this chapter;
(3)
Enforce and administer penalties for violations to this chapter in accordance with § 425-5-5 of this chapter;
(4)
Require submission of a complete and accurate zoning and land use activity application and land division, adjacent land sale or transfer, and lot combination application in accordance with this chapter and/or the Land Division and Development Activities Memorandum of Agreement - Town of Fulton and the Rock County Planning, Economic and Community Development Agency (hereafter "MOA"), and any additional information deemed relevant and necessary by the Town to make a reasonable evaluation of said application;
(5)
Review and take an action of approval, approval with conditions, or denial with findings, after review and recommendation by the Town Plan Commission, on all of the following:
(a)
Zoning and land use activity applications as specified in § 425-4-3;
(b)
Land division, adjacent land sale or transfer, and lot combination applications in accordance with the MOA;
(c)
Location and architectural design of any public building or the location of any statue or other memorial;
(d)
Location, acceptance, extension, alteration, vacation, abandonment, use change, sale, acquisition, or lease of land for any street, alley, or other public way, park, playground, airport, parking facilities, or other memorial or public grounds;
(e)
Location, extension, abandonment, or authorization for any publicly or privately owned utility;
(f)
Location, character and extent, or acquisition, leasing, or sale of lands for public or semi-public housing, slum clearance, relief of congestion, or vacation camps for children;
(g)
Abandonment or repeal of any ordinance adopted pursuant to Town planning and development, including but not limited to zoning.
(6)
Maintain records of uses of land, water, and air, and siting and construction of buildings and other structures and uses thereof, and zoning and land use activity approvals, conditions of approval, denials with findings, inspections, and all other official actions;
(7)
Create, review, and adopt Zoning Chapter text, Zoning Map, and Comprehensive Plan revisions and amendments;
(8)
Ensure that all uses of land, water, and air, and siting and construction of buildings and other structures and uses thereof, and any zoning and land use activity maintain and advance the intent and purpose of this chapter as stated in § 425-1-3 herein;
(9)
Any Board member who has a conflict of interest in a matter subject to Board action shall recuse himself/herself from a discussion or action on said matter;
§ 425-5-2 Town Plan Commission.
A.
Organization and procedures. The Town hereby establishes a Town Plan Commission (hereafter "Commission"), in accordance with § 62.23, Wis. Stats., to be organized and subject to procedures in accordance with all of the following:
(1)
The Commission shall consist of seven members appointed by the Board Chair and confirmed by the Board, including the Town Board Chair, one Town Board member, and five citizen members. Commission members shall be appointed to three-year terms, with terms of office to begin in April annually. All Commission members shall be persons with recognized experience, qualifications, and Town residency and shall hold office until their respective successors are selected and qualified. If a Commission member vacancy occurs, the Board shall appoint an appropriate member to complete the unexpired term. Commission members shall be compensated as determined by the Board. The Town Board Chair shall be appointed Commission Chair and the Town Clerk shall serve as Commission Secretary.
(2)
Commission meetings shall be called as needed, as determined by the Commission. Special meetings may be called by the Commission Chair or upon written request of two Commission members. Notice of special meetings shall be given by personal service or telephone call to all Commission members and the news media at least 24 hours prior to said special meeting. Notice to the news media may be given by FAX or electronic mail transmission. Five Commission members shall constitute a quorum at a Commission meeting to transact any business and formulate action thereon. Commission meeting minutes shall be kept by the Commission Secretary.
B.
Powers and duties. The Commission shall have the following powers and duties without limitation by reason of enumeration:
(1)
Require submission of a complete and accurate zoning and land use activity application and land division, adjacent land sale or transfer, and lot combination application in accordance with this chapter and/or the MOA, and any additional information deemed relevant and necessary to make a reasonable evaluation of said application;
(2)
Review and approve, approve with conditions, or deny with findings conditional use permit applications, not to include any application for a livestock facility;
(3)
Review and recommend approval, approval with conditions, or denial with findings to the Board on all of the following:
(a)
Zoning and land use activity applications as specified in § 425-4-3;
(b)
Land division, adjacent land sale or transfer, and lot combination applications in accordance with the MOA;
(c)
Location and architectural design of any public building or the location of any statue or other memorial;
(d)
Location, acceptance, extension, alteration, vacation, abandonment, use change, sale, acquisition, or lease of land for any street, alley, or other public way, park, playground, airport, parking facilities, or other memorial or public grounds;
(e)
Location, extension, abandonment, or authorization for any public utility whether public or privately owned;
(f)
Location, character and extent, or acquisition, leasing, or sale of lands for public or semi-public housing, slum clearance, relief of congestion, or vacation camps for children;
(g)
Abandonment or repeal of any ordinance adopted pursuant to Town planning and development, including but not limited to zoning.
(4)
Maintain records of uses of land, water, and air, siting and construction of buildings and other structures and uses thereof, and zoning and land use activity approvals, conditions of approval, denials with findings, inspections, and all other official actions;
(5)
Create and review Zoning Chapter text and Zoning Map, and Comprehensive Plan, revisions and amendments and make recommendations for approval of said revisions and amendments to the Board;
(6)
Ensure that all uses of land, water, air, buildings, and other structures, and any zoning and land use activity maintain and advance the intent and purpose of this chapter as stated in § 425-1-3 herein;
(7)
Any Commission member who has a conflict of interest in a matter subject to Commission action shall recuse himself/herself from a discussion or action on said matter.
§ 425-5-3 Town Zoning Administrator and Building Inspector.
A.
Organization and procedures. The Town hereby establishes the positions of Town Zoning Administrator (hereafter "Zoning Administrator") and Town Building Inspector (hereafter "Building Inspector") to administer and enforce specified provisions of this chapter. The Zoning Administrator and Building Inspector shall attend all Commission meetings, at the discretion of the Commission, but shall not be allocated any Commission voting privileges, and shall be compensated in a manner determined by the Board.
B.
Powers and duties. The Zoning Administrator and Building Inspector shall have the following powers and duties without limitation by reason of enumeration:
(1)
Make a monthly activities report to the Commission and the Board;
(2)
Prepare zoning and land use activity applications and related forms, assist applicants in preparing applications and forms, and advise applicants as to the provisions of this chapter;
(3)
Inspect each activity for which a permit, license, or other necessary documentation has been applied for or granted;
(4)
Issue permits, licenses, and other necessary documentation which comply with all provisions of this chapter when delegated such authority by the Town;
(5)
Enter onto any public or private lands or waters, at any reasonable time as permitted by the property owner, for inspection of said lands or waters related to this chapter. If the Zoning Administrator or Building Inspector is refused entry to said lands or waters, a special inspection warrant shall be issued for said premises pursuant to § 66.0119, Wis. Stats.
(6)
Investigate all complaints related to this chapter and report ordinance violations, in accordance with § 425-5-5 of this chapter, to the Commission and Board;
(7)
Give notice for new planning and development ordinances, or revision or amendment to existing planning and development ordinances, and set time limits and conditions for correction of violations;
(8)
Administer and enforce only literal standards and requirements of this chapter, with administration and enforcement of any other matter related to this chapter to be brought before the Board, Commission, or BOA.
§ 425-5-4 Town Board of Adjustment.
A.
Organization and procedures. The Town hereby establishes a Town Board of Adjustment (hereafter "BOA"), in accordance with § 60.65, Wis. Stats., to be organized and subject to procedures in accordance with all of the following:
(1)
The BOA shall consist of five members appointed by the Board Chair and confirmed by the Board, with member terms consisting of staggered three-year periods. All BOA members shall be persons with recognized experience and qualifications and shall hold office until their respective successors are selected and qualified. No BOA member shall be a Board or Commission member, nor the Zoning Administrator or Building Inspector. One alternate BOA member shall be appointed by the Town Chair for a term of three years and shall act only when a regular BOA member is absent or cannot vote because of conflict of interest. If a BOA member vacancy occurs, the Board shall appoint an appropriate member to complete the unexpired term. BOA members shall be compensated in a manner as determined by the Board. A BOA Chair shall be elected annually by the Board and the BOA Secretary shall be the Town Clerk.
(2)
Official oaths shall be taken by all BOA members in accordance with § 19.01, Wis. Stats., within 10 days of receiving notice of their appointment to the BOA. BOA vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
(3)
BOA meetings shall be held at the call of the BOA Chair and shall be open to the public. The Zoning Administrator and Building Inspector shall attend all BOA meetings for the purpose of providing technical assistance when requested by the BOA.
(4)
BOA meeting minutes and a record of all meeting actions shall be kept by the BOA Secretary, showing the vote of each BOA member upon each action item, or if absent, or failing to vote, indicating such fact, the reasons for the BOA's action, and its finding of fact. The Secretary shall keep records of the BOA's meeting discussions and actions, all of which shall be immediately filed with the Town Clerk and be a public record.
(5)
Three BOA members shall constitute a quorum at a BOA meeting to transact any business and formulate action thereon. A concurring vote of the majority of BOA members present shall be necessary to exercise the powers enumerated in § 425-5-4B herein.
B.
Powers and duties. The BOA shall have the following powers and duties without limitation by reason of enumeration:
(1)
Hear and render action on any variance to or appeal of any provision of this chapter, or any other code, regulation or ordinance so related and under the Town's jurisdiction, by any person aggrieved by administration and enforcement thereof, where it is alleged by said person that there is error in any order, requirement, decision, or determination made by the Commission, Zoning Administrator, Building Inspector, or any other party so delegated by the Town;
(2)
Reverse, affirm wholly or partly, or modify any specified decision of the Commission, Zoning Administrator, Building Inspector, or any other party so delegated by the Town, as a rendered action, and subsequently direct issuance of a permit, license, or other necessary documentation required for any zoning and land use activity identified in § 425-4-1 herein;
(3)
Administer oaths and compel the attendance of witnesses by subpoena;
(4)
Any BOA member who has a conflict of interest in a matter subject to BOA action shall recuse himself/herself from a discussion or action on said matter;
§ 425-5-5 Violations and penalties.
A.
Liable parties. Landowners or property owners, occupiers of land or premises, and agents of owners or occupiers, including but not limited to building contractors, surveyors, engineers, architects, planners, plumbers, installers, soil technicians, road builders, grading and excavating contractors and their agents, lending institutions and their agents, and insurers and their agents, are responsible for compliance with this chapter which bear upon their area of competency and responsibility.
B.
Violations. Use of land, water, and air, siting and construction of building and other structures and uses thereof, or undertaking a zoning and land use activity not in compliance with this chapter or any other applicable ordinance, rule, regulation, standard and requirement, statute, or other provision of law, or with any condition placed upon an approval, variance, or appeal granted in due course under this chapter, shall be a violation of this chapter and any person who violates this chapter or aids or abets in said violation shall be liable to prosecution or remedial actions. The Town or any property owner who would be specifically damaged by a violation may institute appropriate action or proceeding to enjoin an ordinance violation or cause a use of land, water, and air, siting and construction of buildings and other structures and uses thereof, to cease and desist.
C.
Notification of violation. The Zoning Administrator or Building Inspector or their respective designee is responsible for inspecting and investigating the use of land, water and air, siting and construction of buildings and other structures and uses thereof, or undertaking a zoning and land use activity for compliance with this chapter. If, upon such inspection or investigation, the Zoning Administrator or Building Inspector or their respective designee becomes aware of a condition which he or she concludes is or is likely to become a violation, the Zoning Administrator or Building Inspector or their respective designee shall immediately provide notification of the violation to the person deemed responsible (hereinafter "responsible person") and potentially liable of the detected violation. Such notification shall consist of a written enforcement demand to said person that the condition that is alleged to constitute the present or potential violation be halted, prevented from occurring or remedied within 30 days of receipt of said notification.
[Amended 10-13-2020 by Ord. No. 2020-5[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection D, Complaint and demand for prosecution, and provided for the redesignation of former Subsections E through G as Subsections D through F.
D.
Injunction. If a notification of a violation is issued to the responsible person in accordance with Subsection C of this section, and is not complied with by said person, an injunction restraining the person from continuance of the violating condition may be requested by the Town Attorney from the Rock County Circuit Court. Such action may be in addition to and not in lieu of enforcement as provided for in Subsections E and F of this Section.
[Amended 10-13-2020 by Ord. No. 2020-5]
E.
Citation and penalty.
(1)
The Zoning Administrator or Building Inspector is authorized to issue an ordinance citation to any person engaging in activities that are in violation of this chapter, in accordance with § 425-5-5B of this chapter. Any person found in violation of this chapter by the Town shall, upon conviction thereof, forfeit not less than $100 nor more than $5,000 and the costs of prosecution for each violation. Each day of violation and each chapter section violated shall be considered a separate offense. Issuing a citation shall not release the person from full compliance with this chapter nor from prosecution for violation.
[Amended 4-9-2024 by Ord. No. 2024-05]
(2)
Failure to obtain a building permit or demolition permit, where such permit is required, prior to commencing building construction, addition, alteration, or demolition will result in an additional fee being charged by the Zoning Administrator or Building Inspector to the applicant in an amount equal to the building permit or demolition fee. Payment of such additional fee shall not excuse the applicant from full compliance with all applicable provisions of this chapter nor shall such additional fee be in lieu of the penalties identified in § 425-5-5F(1) of this chapter.
F.
Conviction. A person who violates this chapter shall upon conviction thereof forfeit those amounts as established in accordance with § 425-5-5F(1) or (2) of this chapter.
§ 425-5-6 Fees.
A.
Authorization and determination. Fees for zoning and land use activities as identified in § 425-4-1 of this chapter are authorized and determined by Board resolution to ensure adequate resources to administer and enforce this chapter and shall be paid in full by the applicant to the Town.
B.
Schedule and subject activities. The effective zoning and land use activity fee schedule is available at the office of the Town Clerk and on the Town website with the following activities subject to said schedule:
(1)
Zoning (building site) permit application;
(2)
Building permit application, with fees not to exceed the amount identified in § 425-4-3B(3)(a) of this chapter, for the activities identified in said section;
(3)
Driveway permit application;
(4)
Sign permit application;
(5)
Demolition permit application;
(6)
Conditional use permit application, with fees not to exceed the amount identified in § 425-4-3F(1)(a)[6] and 425-4-3F(1)(e)[3] of this chapter, for the activities identified in said sections;
(7)
Mobile home park license application and renewal;
(8)
Zoning district change;
(9)
Variance application;
(10)
Appeal application;
(11)
Any other zoning and other land use activity, so approved by the Board.