No building shall be constructed, erected, reconstructed, structurally altered, enlarged or moved unless and until a permit therefor shall first have been applied for and secured from the Building Inspector. Every such application shall be filed in duplicate and shall be accompanied by a drawing or plat, in duplicate, drawn to scale, showing the lot and building site, the location of the building on the lot, accurate dimensions of the building, of the yards and of the lot, and such other information as may be necessary to the enforcement of this chapter.

Each building permit applied for shall be granted or denied within a ten-day period from the date of application. Reason for denial of a building permit shall be forwarded, in writing, by the Town Building Inspector to the applicant.

All building permits will expire 12 months after the date of issuance if construction has not commenced.

Certificates of occupancy shall be required for any of the following:

No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the Building Inspector.

Written application for a certificate of occupancy for a new building, or an existing building which has been altered, shall be made at the same time as the application for the building permit for such building. If the proposed use is in conformity with the provisions of this chapter, said certificate shall be issued within three days after a written request for the same has been made to said Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

Written application for a certificate of occupancy for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to said Building Inspector. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within three days after the application for the same has been made.

Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law and of all Town ordinances. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished, on request, to any person having proprietary or tenancy interest in the building or land affected.

No permit for excavation of any building shall be issued before application has been made for a certificate of occupancy.

Upon application for a building permit, the contractor or property owner shall provide a deposit of $1,000 to be placed in an escrow, to be used in the event that the contractor, property owner or any subcontractor damages (in any way) Town roads or right-of-ways or any other Town property as a result of construction equipment or any other type of equipment used on or near the property for which the building permit was issued. The intent of this regulation is to prevent any damage to public property as a result of construction and to maintain contractor and/or property owner accountability.

The deposit of $1,000 shall be used at the Town's discretion to pay for any damages caused by the contractor, subcontractors, or the property owner. The deposit of $1,000 may be waived at the Town's discretion where the building project does not require heavy equipment.

The deposit shall be promptly returned within 30 days of issuance of an occupancy permit if no damage has occurred or the Town shall provide an itemized list of damages and the resulting cost of repair. Any remaining balance after damages are paid shall be sent to the contractor or property owner.

During certain times of the year (freeze/thaw periods in fall and spring) the Town at its sole discretion may require that concrete haulers load no more than five yards of concrete per truck.

Any other construction vehicles shall not be allowed to park on any Town roads except for the specific purpose of loading or unloading equipment. Vehicles used to carry construction equipment may park on Town roads only when unloaded and while construction equipment is in use at the construction site.

The Zoning Board of Appeals is hereby established. It shall consist of five members and two alternate members appointed by the Town Board and to serve as provided in § 62.23(7)(e), Wis. Stats. At least one of the five regular members shall be appointed from the members of the Town Planning and Zoning Board. All terms of office shall be three years, except that of the five regular members first appointed, one shall serve for one year, two for two years and two for three years. The members of the Board shall serve without compensation and shall be removable by the Town Board for cause upon written notification. The Town Board shall designate one of the members as Chairperson. The Board may elect a Vice Chairperson and shall designate a Secretary and an office in which its records shall be kept.[1]

Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his/her absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board 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 Board and shall be a public record.

Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Town of Lawrence affected by any decision of the Town Planning and Zoning Board or the Town Building Inspector.

Such an appeal shall be made within 30 days after the decision or the action complained of by filing with the Town Zoning Administrator a notice of appeal specifying the grounds thereof. If the appeal is because of a grievance due to a decision by the Town Planning and Zoning Board, the Chairperson of the Planning and Zoning Board shall also receive a copy of the appeal.

The Building Inspector or Town Planning and Zoning Board shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Zoning Board of Appeals shall fix a reasonable time for the hearing of appeals.

At least 15 days' notice of the time and place of said hearing shall be given by posting of a notice to that effect in three public places in the Town of Lawrence, which notice shall, in addition to specifying the time and place, state the grounds for appeal as stated in the notice of appeal.

Due notice of the hearing shall be given to parties in interest, as well as owners of property located within 500 feet of the property in appeal. The Board shall reach a decision within 30 days from the filing of the appeal.

The Zoning Board of Appeals shall have the following powers:

Except as specifically provided, no action of the Zoning Board of Appeals shall have the effect of permitting in any district uses prohibited in such district. In every case where a variance from these regulations has been granted by the Zoning Board of Appeals, the minutes of the Board shall affirmatively show in what particular and specific respects an unnecessary hardship or practical difficulty would have been created by the literal enforcement of the terms of this chapter.

The Zoning Board of Appeals may reverse or affirm wholly or in part of may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the Building Inspector. A majority vote of the members present, provided that a quorum is present, shall be necessary to reverse any order, requirement, decision or determination 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.[2]

In addition to the foregoing, the Zoning Board of Appeals shall have the following specific powers:

The Zoning Board of Appeals shall have the power to vary or modify the strict application of any of the regulations or provisions of this chapter in cases where there are practical difficulties or unnecessary hardships in the way of such strict application; provided, however, that said Zoning Board of Appeals shall not have the power to approve the establishment of a nonconforming use which is less restricted according to the district regulations of Article V than any legally established use already existing on the premises specified in the variance application, or on any parcel which adjoins said premises along any of its street lines.[1]

Written application for a variance shall accompany the application for a building permit or, if no building permit is required in connection with the establishment of the use for which the variance is sought, then for a certificate of occupancy to use the land or building as set forth in said application. Said application shall be transmitted forth with to the Board.

Application. An application for a variance shall be filed with the Town Board. The application shall contain such information as the Zoning Board of Appeals by rule may require. Due notice of the hearing shall be given to parties in interest, as well as owners of property located within 500 feet of the property in the variance application. The Board shall reach a decision within 30 days from the filing of the variance application. Notice of the time and place of such public hearing shall be published as provided in the state law on planning and zoning and applicable to the Town of Lawrence.[2]

Standards of variances. The Zoning Board of Appeals shall not vary the regulations as set forth in Subsection A above unless it shall make findings based upon the evidence presented to it. The applicant shall present a statement and adequate evidence, in such form as the Board may require, showing that, and the Board shall not grant a variance unless it finds that:

In granting any variance under the provisions of this section, the Board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations of provisions in the application of which the variance is granted, as to light, air, character of the neighborhood, conformity with the Comprehensive Plan, and, generally, the public health, safety, comfort, convenience and general welfare.[3]

Jurisdiction. The Lawrence Planning and Zoning Board shall carry out the following duties under this chapter:

Meetings.

Decisions. All recommendations/actions of the Town Planning and Zoning Board shall require the vote of a majority of the members of the Board.

Membership.

Authority. The Lawrence Town Board may, from time to time, in the manner hereafter set forth, amend the regulations imposed in the districts and amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for the intent and purpose of said changes as per Article II of this chapter.

Initiation. Amendments may be proposed by a governmental body, interested person or organization.

Application. An application for an amendment shall be filed with the Town Board and Town Planning and Zoning Board in such form and accompanied by such information as required by the Town Planning and Zoning Board. Said application shall be reviewed and a written recommendation submitted thereon to the Town Board.

Hearing notices. The Town Board shall hold a public hearing on each application for an amendment. The time, place and purpose of the hearing shall be submitted as provided in the state law on planning and zoning and applicable to the Town of Lawrence. Due notice of the hearing shall be given to parties in interest, as well as owners of property located within 500 feet of the property in the application. The Board shall reach a decision within 60 days from the filing of the application.[1]

Findings and recommendations.

The Town Board shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Town Planning and Zoning Board on the proposed amendment, unless the Town Board authors the amendment.

The Town Board may grant or deny any application for an amendment; provided, however, that in the event of a written protest against any proposed amendment to this chapter, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change, or 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 change or amendment shall not become effective except by the favorable vote of 3/4 of the members of the Town Board voting on the proposed change.[1]

The Board shall reach a decision within 60 days from the filing of the application.[2]

Purpose. The purpose of this section is to place unique land use characteristics within favorable zoning districts to ease conflicts with neighboring lands and public need.[1]

Initiation. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which the land is located.

Application. The application for a conditional use shall be filed with the Lawrence Town Planning and Zoning Board on a form so prescribed by the Town of Lawrence. The application shall be accompanied by such plans and/or data prescribed by the Town Planning and Zoning Board and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zone district. Such application shall be reviewed by the Town Planning and Zoning Board and a written recommendation submitted thereon to the Town Board.

Hearing on application. Upon receipt in proper form of the written recommendation referred to in Subsection C, the Town Board shall hold at least one public hearing on the proposed conditional use. Due notice of the hearing shall be given to parties in interest, as well as owners of property located within 500 feet of the property in the application.[2]

Authorization. For each application for a conditional use, the Town Planning and Zoning Board shall report to the Town Board its findings and recommendations, including the stipulation 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 Board shall reach a decision within 60 days from the filing of the application.[3]

Conditions and guarantees. Before issuing a conditional use permit, the Town Planning and Zoning Board may recommend and the Town Board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as are deemed necessary for the protection of the public interest. In all cases in which conditional uses are granted, the Town Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

Violation and revocation. Upon the determination by the Building Inspector that the conditions or stipulations of an approved conditional use permit have not been complied with, the Building Inspector shall provide written notice to the party granted the conditional use permit noting the actions necessary to correct or comply with the conditional use permit. The notice shall specify that failure to comply with the required conditions or stipulations within 10 days will invalidate the conditional use permit.

Penalties. Enforcement and penalties of conditional use permits shall comply with the provisions of § 300-206.

All departments, officials and public employees of the Town who or which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any such permit for license, if issued in conflict with the provisions of this chapter, shall be null and void.

Any person, firm, association or corporation who or which shall violate any of the provisions of this chapter shall, upon judgment or conviction thereof, be subject to a penalty as provided in § 1-3 of this Code. Each violation and each day of violation shall constitute a separate offense.[1]

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any use of any land or building which is conducted, operated or maintained contrary to any of the provisions of this chapter, shall be and the same is hereby declared to be unlawful, and the Town Attorney shall immediately, upon any such violation having been called to his attention, institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, reconstruction, alteration, conversion, maintenance or use. Such action may also be instituted by any property owner who may be especially damaged by any violation of this chapter.