Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator or any administrative official acting on behalf of the Zoning Administrator with respect to the enforcement of this chapter or any ordinance adopted pursuant to this chapter.

Hear and decide special exceptions to the terms of this chapter upon which this Zoning Board of Appeals is required to determine under said chapter.

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 the chapter 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 exercising the above-mentioned powers in Subsection A(1) through (3) hereinabove, such Board may, in conformance with the provisions of this chapter, reverse or affirm, wholly or partly, any order, requirement, decision or determination appealed from, and said Zoning Board of Appeals shall further have the power to make any such order, requirement, decision or determination as ought to have been made by the Zoning Administrator or any official acting on behalf of the Zoning Administrator. The Zoning Board of Appeals may therefore issue or direct the issuance of any permit which the Zoning Administrator or designee could have issued.

The Zoning Board of Appeals shall consist of five members plus alternates appointed by the Town Chairperson and subject to confirmation by the Town Board.

The term shall be for three years and all members shall reside in the Town.

The members shall be removable by the Town Chairperson for cause upon written charges.

The Town Chairperson shall designate one of the members Chairperson of the Zoning Board of Appeals.

The Town Chairperson shall appoint an alternate member for a term of three years who shall act with full power only when a member of Zoning Board of Appeals is absent or refuses to vote because of conflict of interest.

Vacancies shall be filled for the unexpired term of members. The Town Chairperson shall appoint personnel to fill the vacancies, subject to approval by the Town Board.

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson of the Board and at such times as the Zoning Board of Appeals may determine.

All hearings conducted shall be open to the public. Any person may appear and testify at a hearing either in person or by a duly authorized agent or attorney.

Notice of the time and place of such public hearing shall be published as provided by the state law on planning and zoning and applicable to the Town of Ledgeview.

The Chairperson or, in his/her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.

The Zoning Board of Appeals 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 Zoning Board of Appeals and shall be a public record.

Statements of the facts found by the Zoning Board of Appeals shall be included in the minutes of each case heard or considered by it. The reason for approving or denying a variance or appeal as provided in the chapter shall also appear in the minutes. In every instance, a statement of the facts upon which such recommendations are based shall appear in the minutes.

The Zoning Board of Appeals shall adopt its own rules and procedures not in conflict with this chapter or with applicable Wisconsin state statutes, and select or appoint such officers as it deems necessary.

The concurring vote of the majority of the members present of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant in any matter on which it is required to pass or effect any variation in the requirements of this chapter. If a decision is not rendered by the Zoning Board of Appeals within 60 days from the date the appeal was filed with the Zoning Administrator or designee, then said appeal shall be deemed denied by the Zoning Board of Appeals.

No variance granted by the Board of Appeals shall be valid for a period longer than six months from the date granted unless construction or development has commenced or the use has been established within such period.

Initial terms. The citizen members and alternates initially appointed to the Zoning and Planning Commission shall be appointed for staggered terms.

Town Board member or Chairperson. A Zoning and Planning Commission member who is a Town Board member shall serve for a period of two years, as allowed under § 66.0501(2), Wis. Stats., concurrent with his or her term on the Town Board, except an initial appointment made after June 2 shall be for a term that expires two years from the previous June 2.

Chairperson. The Zoning and Planning Commission Chairperson shall be appointed and serve a term as provided in Subsections E and F of this section. The Chairperson shall, subject to Town ordinances and Commission rules:

Vice Chairperson. The Zoning and Planning Commission shall elect, by open vote or secret ballot pursuant to § 19.88(1), Wis. Stats., at its discretion, a Vice Chairperson to act in the place of the Chairperson when the Chairperson is absent or incapacitated for any reason.

Secretary. The Zoning and Planning Commission shall elect, by open vote or secret ballot pursuant to § 19.88(1), Wis. Stats., one of its members to serve as Secretary or, with the approval of the Town Board, designate the Town Clerk/Administrator or other Town officer or employee as Secretary.

Public records, §§ 19.21 to 19.39;

Code of Ethics for Local Government Officials, §§ 19.42, 19.58 and 19.59;

Open Meetings, §§ 19.81 to 19.89; Misconduct in Office, § 946.12; and

Private Interests in Public Contracts, § 946.13.

To make reports and recommendations relating to the planning and development of the Town Board; other public bodies, citizens; public utilities and organizations.

To recommend to the Town Board programs for public improvements and the financing of such improvements.

To receive from public officials, within a reasonable time, requested available information required for the Commission to do its work.

The authority for its members and employees, in the performance of their duties, to enter upon land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. However, entry shall not be made upon private land without the permission of the landowner or tenant, except to the extent that the private land is held open to the general public. If such permission has been refused, entry shall only be made under the authority of an inspection warrant issued for cause under § 66.0119, Wis. Stats., or other court-issued warrant.

The Zoning and Planning Commission, under § 62.23(2), Wis. Stats., shall make, update, and adopt the Town Comprehensive Plan, with accompanying maps, plats, charts and descriptive and explanatory matter, which shall include the nine elements specified under the comprehensive planning law, § 66.1001(2), Wis. Stats. Adoption shall follow the procedures in § 66.1001(4), Wis. Stats.

In this section the requirement to "make" the plan means that the Zoning and Planning Commission shall oversee and coordinate the preparation of the plan, whether the work is performed for the Town by the Zoning and Planning Commission, Town staff; another unit of government, the regional planning commission, a consultant, citizens, an advisory committee, or any other person, group or organization.

Public participation verification. Prior to beginning work on a Comprehensive Plan, the Zoning and Planning Commission shall verify that the Town Board has adopted written procedures designed to foster public participation in every stage of preparation of the Comprehensive Plan. These written procedures shall include open discussion, communication programs, information services, and noticed public meetings. These written procedures shall further provide for wide distribution of proposed, alternative or amended elements of a Comprehensive Plan and shall provide an opportunity for written comments to be submitted by members of the public to the Town Board and for the Town Board to respond to such written comments.

Resolution. The Zoning and Planning Commission, under § 66.1001(4)(b), Wis. Stats., shall recommend its proposed Comprehensive Plan or amendment to the Town Board by adopting a resolution by a majority vote of the entire Zoning and Planning Commission. The vote shall be recorded in the minutes of the Zoning and Planning Commission. The resolution shall refer to maps and other descriptive materials that relate to one or more elements of the Comprehensive Plan. The resolution adopting a Comprehensive Plan shall further recite that the requirements of the comprehensive planning law have been met, under § 66.1001, Wis. Stats., namely that:

Transmittal. One copy of the Comprehensive Plan or amendment adopted by the Plan Commission for recommendation to the Town Board shall be sent to:

Ordinance development. If directed by resolution or motion of the Town Board, the Plan Commission shall prepare the following:

Ordinance amendment. The Zoning and Planning Commission, on its own motion, or at the direction of the Town Board by its resolution or motion, may prepare proposed amendments to the Town's ordinances relating to comprehensive planning and land use.

Nonregulatory programs. The Zoning and Planning Commission, on its own motion, or at the direction of the Town Board by resolution or motion, may propose nonregulatory programs to implement the Comprehensive Plan, including programs relating to topics such as education, economic development and tourism promotion, preservation of natural resources through the acquisition of land or conservation easements, and capital improvement planning.

Program administration. The Zoning and Planning Commission shall, pursuant to Town ordinances, have the following powers.

Consistency. Any ordinance, amendment or program proposed by the Zoning and Planning Commission, and any Zoning and Planning Commission approval, recommendation for approval or other action under Town ordinances or programs that implement the Town's Comprehensive Plan under §§ 62.23 and 66.1001, Wis. Stats, shall be consistent with that plan as of January 1, 2010. If any such Plan Commission action would not be consistent with the Comprehensive Plan, the Plan Commission shall use this as information to consider in updating the Comprehensive Plan.

Required referrals under § 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report:

Required referrals under sections of the Wisconsin Statutes other than § 62.23(5), Wis. Stats. The following shall be referred to the Zoning and Planning Commission for report:

Required referrals under this section. In addition to referrals required by the Wisconsin Statutes, the following matters shall be referred to the Zoning and Planning Commission for report:

Discretionary referrals. The Town Board, or other Town officer or body with final approval authority or referral authorization under the Town ordinances, may refer any of the following to the Zoning and Planning Commission for report:

Referral period. No final action may be taken by the Town Board or any other officer or body with final authority on a matter referred to the Zoning and Planning Commission until the Commission has made its report, or 30 days, or such longer period as stipulated by the Town Board, has passed since referral. The thirty-day period for referrals required by the Wisconsin Statutes may be shortened only if so authorized by statute. The thirty-day referral period, for matters subject to required or discretionary referral under the Town's ordinances, but not required to be referred under the Wisconsin Statutes, may be made subject by the Town Board to a referral period shorter or longer than the thirty-day referral period if deemed advisable.

Size and location of the building or buildings to be erected.

Relationship of the building or buildings to the exterior lines of proposed streets shown on the Official Map.

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development. The Zoning Administrator or designee shall review the site plan for compliance with all applicable ordinances and the Comprehensive Plan; for harmony with surrounding uses and the overall plan for development of the Town; for the promotion of the health, safety, order, efficiency and economy of the Town; and for the maintenance of property values and the general welfare.

Based upon his review, the Zoning Administrator or designee may approve, conditionally approve, request modifications or deny approval of the site plan based on evaluation of the site plan details with respect to:

If development of a lot with an approved site plan has not commenced within two years of the date of final approval of the site plan, the site plan shall be deemed to have expired, and a review and reapproval of the approved site plan by the Zoning Administrator or designee shall be required before a building permit may be issued. Said review and approval shall be evaluated according to the standards of Subsection E, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the site plan.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Zoning Administrator or designee shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site.

Purpose. The purpose of the zoning permit is for the Town to communicate its official statement that the land use and operations described in the permit application are deemed to comply with the regulations as set forth under this chapter.

Permit required. A zoning permit, to be issued by the Zoning Administrator, shall be required for all of the following, except accessory buildings for agricultural operations:

Application. Applications for a zoning permit shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where pertinent and necessary for proper review:

Compliance with regulations. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the Town unless the application for such permit has been examined and approved by the Zoning Administrator, Building Inspector, Fire Chief, and Director of Public Works indicating that the proposed use, activities, building or site complies with provisions of the respective Codes. Occupancy or use of land, water or buildings and structures shall be prohibited until an occupancy certificate per § 135- 247B has been issued, certifying that all appropriate provisions of this chapter have been met. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.

Granting of permit. A zoning permit shall be granted or denied by the Zoning Administrator, in writing, within 30 days of a complete application submittal, and the petitioner shall post such permit in a conspicuous place at the site. A permit that is issued applies only to the development project as it is specifically described in the application. The permit shall expire within four months unless the project site exhibits progress. Any permit issued in conflict with the provisions of this chapter shall be null and void.

No building or addition thereto constructed after the effective date of this chapter, and no addition to a previously existing building, shall be occupied until an occupancy permit has been issued by the Town Building Inspector or designee. No change in the use of a building shall be made until a permit has been issued by the Town Building Inspector or designee for such change of use.

No occupancy permit shall be issued until construction has been completed and the premises inspected and certified by the Building Inspector or designee to be in conformity with the plans and specifications upon which the building permit was based.

The occupancy permit shall be issued, or notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than seven days after the Building Inspector or designee is notified, in writing, by the applicant that the premises or building is ready for occupancy.

All occupancy permits shall be issued by the Ledgeview Building Inspector or designee.

All petitioners shall pay a zoning permit fee, to be determined by the Town Board, at the time of application.

Zoning permit fees do not include and are in addition to building permit fees established by the Town.

Fees for zoning permit amendments shall be in accordance with§ 1-19, Fee Schedule, of the Municipal Code.

If work is started before a permit is applied for and issued by the Zoning Administrator or Building Inspector, a penalty may be applied. Such penalty shall not release the petitioner from full compliance with the provisions of Chapter 135, Zoning, nor from prosecution for violation of this chapter.

Fees for written determinations by the Zoning Administrator or Building Inspector may be applied.

Because of the particular physical surrounding, shape or topographical condition of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

Conditions upon which a petition for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification.

Alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.

Granting of the variance shall not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

Proposed variation shall not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

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.

Appeals to the Zoning Board of Appeals may be taken by any person alleging there is an error in any order, requirement, decision or determination made by the Zoning Administrator or any administrative official acting on behalf of the Zoning Administrator in the enforcement of this chapter or of any other ordinance adopted pursuant to this chapter.

Such an appeal shall be made within 30 days after the decision or the action complained of, by filing with the Zoning Administrator or designee a notice of appeal specifying the grounds thereof.

The Zoning Administrator or his/her designated representative shall forth with transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him/her that, by reason of facts stated in the certificate, a stay would, in his/her opinion, 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 Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

The Zoning Board of Appeals shall hold a public hearing on each appeal. Time, place and purpose of the appeal shall be published as provided in the state law on planning and zoning and applicable to the Town of Ledgeview.

Due notice of the hearing shall be given to the appellant, as well as parties of interest and any other individual who has filed a request with the Zoning Administrator or designee for a written notice of the time and place of the appeal.

The Zoning Board of Appeals shall thereafter reach its decision within 60 days from the filing of the appeal.

The Zoning Board of Appeals may affirm or reverse, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as, in its opinion, ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

The Zoning and Planning Committee shall make written findings of fact and shall submit them, together with its recommendations, to the Town Board prior to the public hearing. Said written findings shall be submitted to the Town Board within 60 days from the date the application was received by the Zoning Administrator or designee. A failure of the Zoning and Planning Committee to submit written findings to the Town Board within the sixty-day period shall constitute a denial of the application by the Zoning and Planning Committee. The Zoning and Planning Committee shall have complied with this subsection concerning the submission of written findings to the Town Board upon receipt of the written findings by the Town Clerk for the Town of Ledgeview.

Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Zoning and Planning Committee shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

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 Zoning and Planning Committee on the proposed amendment or until the sixty-day period set forth in Subsection D(1) has expired, whichever occurs first. Receipt of the recommendation by the Town Clerk shall constitute a formal receipt of the written recommendation from the Zoning and Planning Committee with respect to the proposed 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 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 changes or amendments shall not become effective, except by a three-fourths vote of the full Town Board membership. Any protest petition filed hereunder must be filed within the office of the Town Clerk by 12:00 noon on the Friday before the scheduled vote on the proposed zoning amendment.

The Town Board shall make a decision on the amendment within 60 days from the receipt of the Zoning and Planning Committee recommendation by the Town Clerk.

If an application for a proposed amendment is not acted upon finally by the Town Board within 90 days of the date upon which such application is received by the Town Clerk, it shall be deemed to have been denied.

Zoning code and adopted plans and policies purposes and intent. The proposed use and development will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the Town of Ledgeview Comprehensive Plan or any other plan, program, or policy, adopted by the Town. Further, the proposed conditional use will maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the property.

Adverse impact. The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.

Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to unreasonably interfere with the use and development of neighboring property according to the applicable zoning district regulations.

Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the applicant will provide adequately for such facilities.

Traffic congestion and parking. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through streets inadequate for such operations. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The proposed use will be able to provide the necessary parking and loading facilities on-site to avoid adverse impacts to public infrastructure or property.

Destruction of significant features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance as determined by the Zoning and Planning Commission.

Alternative locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at another site or in another area that may be more appropriate than the proposed site.

Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.

Public benefit. The public benefits of the proposed conditional use will outweigh any and all potential adverse impacts of the proposed conditional use as identified in Subsection C(1) through (8) above, after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner to alleviate such impacts.

Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use shall be initiated by:

Petition. A request for conditional use grant shall be submitted, in writing, to the Town Clerk who shall promptly refer such petition to the Zoning and Planning Commission and Town Board for determination. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request, specifically including the following:

Review by Town staff. The proposed conditional use shall be reviewed by Town staff in the following steps:

Review by Zoning and Planning Commission. The Zoning and Planning Commission shall review a petition per the provisions of this subsection.

Hearing. The public hearing shall be held before the Town Board within 30 days of a recommendation by the Zoning and Planning Commission regarding the petition.

Review and action by Town Board. Following a public hearing, necessary study and investigation, and recommendation of the Zoning and Planning Commission, the Town Board shall as soon as practical render its decision, in writing, and a copy made a permanent part of the Board's records. Town Board shall consider the recommendation of the Zoning and Planning Commission regarding the proposed conditional use. The Board may request further information and/or additional reports from the Zoning and Planning Commission, Town staff, and/or the petitioner. The Board may take final action on said conditional use at time of its initial meeting, or said proceedings may be continued from time-to-time for further consideration. Town Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of Town staff, the Zoning and Planning Commission, or Town Board itself), or may deny the proposed conditional use. Such decision shall include an accurate description of the conditional use permitted, of the property on which the conditional use is permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval. Approval of the proposed conditional use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.

Time limitations. Subject to an extension of time granted by the Town Board, upon recommendation of the Zoning and Planning Commission, no conditional use permit shall be valid for a period longer than 12 months unless a building permit and/or occupancy permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit is issued and a use commenced within that period.

Use discontinuance. A conditional use permit shall be deemed to authorize only the particular use for which it was issued. Such permits shall automatically expire and cease to be of any force or effect if such use shall be discontinued for 12 consecutive months or more; provided, however, that if such use is discontinued due to labor strikes, war, natural disasters, or other similar cause(s) beyond the reasonable control of the holder of the conditional use permit, such twelve-month period shall be extended for a period of time equal to the period that the holder of the conditional use permit is prevented from engaging in the particular use for which the conditional use permit was issued.

Additions and enlargements to conditional uses.

Amendments to conditional use permits. A conditional use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Code for its original approval.

Subsequent change or addition to the approved plans or use. If in the opinion of the Town such change or addition constitutes a substantial alteration based on the standards set forth, a public hearing before the Zoning and Planning Commission shall be required.

Conditional use permit runs with land and not the applicant. Unless otherwise provided in the resolution granting a conditional use permit, a conditional use permit shall be deemed to relate to, and to be for the benefit of, the use and lot in question rather than the applicant, owner, or operator of such use or lot.