Lawrence Town City Zoning Code

Basic zoning district uses. All uses allowed in the basic zoning district applicable to the particular property.

Additional uses. Such additional uses, or mixture of uses, as approved by the Town Board and consistent with the purpose and intent as set forth in this article.

Condominium ownership. The concept of condominium ownership, as defined above, shall not be adversely affected by any of the provisions of this article. Except as may be permitted by creation of a Planned Development (PD) Zoning District, however, condominium form of ownership shall not relieve the owner(s) of any lot or parcel of land from compliance with all basic zoning district regulations relating to the use of said property as set forth in this chapter, or from the requirements of Ch. 703, Wis. Stats.

Applicable regulations. When all necessary approvals required under this article have been obtained, the general requirements, permitted uses, lot size and density regulations, setback standards, building height restrictions, floor area ratio limitations and other basic zoning district requirements shall no longer be applicable, but rather the approved final development plan and all requirements as are made part of such plan shall be construed to be and enforced as part of this chapter.

Acceptable standards. Normal standards or operational policies regarding right-of-way widths, provisions for sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a Planned Development (PD) Zoning District. Precise standards, however, pursuant to the design criteria set forth in this article and deemed satisfactory by the Town Board shall be made part of the approved plan and shall be enforced as part of this chapter.

Extension of permitted uses. When a building site is situated in more than one basic zoning district, the uses permitted in one district may be extended into the adjacent district, but only after the Town Board has specifically defined the maximum allowable limits of such extension.

Monetary forfeiture. Any violation of any provision of this article by any person, firm, association, or corporation or agent, employee, or officer acting on behalf of such person shall be deemed unlawful. A violator shall, upon a finding that a violation of this article exists, forfeit to the Town the sum as provided in § 1-3 of this Code per day for any violation of the terms and provisions of this article, together with the taxable cost(s) of any action to enforce the provisions of this article. It is presumed that each day during which such violation(s) exists shall constitute a separate offense under the terms of this article. Furthermore, it is presumed that each violation of this article constitutes a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by an action commenced by the Town, county or state or independently by any citizen whose interests are adversely affected by violations of this article.[1]

Rescission of approval. The Town Board may rescind its approval, whereupon such rescission and cessation of all rights and privileges of the developer and owner shall become effective 31 days after mailing of written notice of such rescission by certified mail to the developer at his last known address.

Delay of decision. The Town Board may delay a decision for a period not to exceed 65 days to enable the developer to comply. If the developer achieves substantial compliance within the allotted time period and subsequently establishes to the reasonable satisfaction of the Board that compliance will continue in the future, the rights and privileges of the developer and owner shall continue as long as compliance is maintained. If, however, the developer does not achieve substantial compliance within the allotted time period or does not establish to the reasonable satisfaction of the Board that compliance will be achieved in the future, the Board shall proceed to rescind its approval in accordance with Subsection B above.

Character and intensity of land use. The uses proposed and their intensity and arrangement on the building site shall be of such visual, aesthetic and operational character that they are compatible with the physical nature of the building site, with particular concern for preservation of nature features, tree growth and open space; will produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability, and functional practicality compatible with the general development plan for the area as established by the Town; will not adversely affect the anticipated provision for schools, sewer and water installations, snow removal, garbage collection, fire protection, or other municipal services; and will not create a traffic or parking demand incompatible with existing or proposed facilities to serve it.

Economic feasibility and impact. Satisfactory evidence shall be provided demonstrating that the proposed project is economically feasible, has available adequate financing, and will not adversely affect the economic prosperity of the Town or the value of surrounding properties.

Engineering design standards. Right-of-way widths, location and widths of streets and other paving, outdoor lighting requirements, location of sewer and water lines, provision for drainage, and other similar environmental engineering considerations shall be based upon a determination as to the appropriate standards necessary to implement a specific function in a specific situation; provided, however, that in no case shall construction standards be less than those necessary to ensure the public safety and welfare.

Open space and rights-of-way. Adequate provisions shall be made in the following manner for the permanent preservation and maintenance of common open space and rights-of-way either by private reservation or dedication to the public:

Building, site and use characteristics. The following building, site and use characteristics shall be considered as approval criteria:

Application. Anyone desiring to develop a building site as a Planned Development (PD) Zoning District shall apply to the Building Inspector on such forms as shall be provided by the Town and shall pay an application fee set by the Town Board by resolution. Applications shall include the names, mailing addresses and telephone numbers of all owners and developers, a legal description of the proposed development site, and the following information in sufficient detail for the Town Planning and Zoning Board and Town Board to determine the acceptability of the preliminary proposal and whether it conforms to the approval criteria set forth in § 300-137 above:

Preliminary discussions. The Building Inspector shall inform the Planning and Zoning Board of such request, shall schedule a date for preliminary discussions between the developer and the Planning and Zoning Board, and shall notify the developer of such date.

Report and recommendation. After such discussions have taken place and after thorough review of the application for preliminary approval, the Planning and Zoning Board shall file a written report on the proposed development with the Town Board, together with its recommendation for approval or disapproval. The report and recommendation of the Planning and Zoning Board shall be made to the Town Board no later than four months from the date of application with the Building Inspector. A recommendation of approval by the Planning and Zoning Board shall in no way be binding on the Town Board. Any such approval granted shall be preliminary only and shall not bind the Town Board with respect to approval of the final project.

Amendments. The recommendation of the Planning and Zoning Board and the preliminary approval of the Town Board shall be based on and include as conditions thereto the building, site and operation plans for the development as approved, as well as all other commitments offered or required with regard to project value, character or other factors pertinent to an assurance that the proposed development will be carried out as presented in the approved plans. Detailed construction and engineering drawings need not be presented at this time; however, preliminary approval shall be conditioned upon subsequent submittal and approval of more specific and detailed plans. Any changes or additions to the plans or proposed use after preliminary approval has been granted shall first be submitted to the Planning and Zoning Board, and, if the Planning and Zoning Board determines that such alteration or addition constitutes a substantial change to the original plan, it shall make an appropriate recommendation to the Town Board regarding an amendment to the preliminary plan approval.[2]

Required information. Unless previously submitted, the developer shall provide the following information in sufficient detail for the Planning and Zoning Board and the Town Board to determine the acceptability of the final proposed development and whether it conforms to the approval criteria set forth in § 300-137 above:

Public hearing, report and recommendation. After receipt of a petition for final approval and submittal of all required information as itemized in Subsection A above, the Planning and Zoning Board shall hold a public hearing regarding the proposed development. Following such public hearing and review of all application materials, the Planning and Zoning Board shall file a written report on the proposed development with the Town Board, together with its recommendation for approval or disapproval. Within a reasonable time period following such recommendation by the Planning and Zoning Board, the Town Board shall either issue a final approval or disapprove such petition.

Commencement of construction. No construction shall commence on the building site until the Town Board has granted final project approval, except such construction as shall be in compliance with underlying zoning district regulations and the proposed planned development as submitted for final approval. Neither preliminary approval nor final approval shall constitute permission to begin construction of any building or structure prior to the issuance of required permits as is now and as shall be hereafter prescribed elsewhere in the ordinances of the Town pursuant to state law.

Amendments. Any request or petition for an amendment to a final approval shall be accompanied by an additional fee set by the Town Board by resolution. No amendment shall be allowed or permitted until a public hearing is held, a recommendation is made by the Planning and Zoning Board, and approval is granted by the Town Board in accordance with the procedures established in Subsections A, B and C above.