Lowell Town City Zoning Code
ARTICLE XII
Administration
§ 295-77 General administrative system.
This chapter contemplates an administrative and enforcement officer entitled the "Zoning Administrator/Permit Issuer" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and Zoning Map, and amending the text of this zoning chapter require review and action by the Town Board. A Zoning Board of Appeals is provided to assure proper administration of the chapter and to avoid arbitrariness.
§ 295-78 Zoning Administrator/Permit Issuer.
A.
The Zoning Administrator/Permit Issuer is hereby designated as the primary administrative officer for the provisions of this chapter, and shall be referred to as the "Zoning Administrator/Permit Issuer." The Zoning Administrator/Permit Issuer shall be appointed by resolution of the Town Board. The duty of the Zoning Administrator/Permit Issuer shall be to interpret and administer this chapter and to issue all permits required by this chapter. The Zoning Administrator/Permit Issuer shall further:
(1)
Issue all zoning certificates, and make and maintain records.
(2)
Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter.
(3)
Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor.
(4)
Provide and maintain a public information function relative to all matters arising out of this chapter.
(5)
Receive, file and forward to the Town Clerk all applications for amendments to this chapter.
(6)
Receive, file and forward to the Town Board all applications for conditional uses.
(7)
Receive, file and forward to the Board of Appeals all applications for appeals, variances, or other matters on which the Board of Appeals is required to act under this chapter, and shall attend all Board of Appeals meetings to provide technical assistance when requested by the Town Board.
B.
Due to the size of the Town of Lowell, it may not be feasible to find a suitable person willing to take on the responsibility of being Zoning Administrator/Permit Issuer on a part-time basis. It is therefore provided that the function of the Zoning Administrator/Permit Issuer can be delegated to a committee of the Board, to another Town official, or a single member of the Board or the Town Chairperson. An officer other than a Board member or another employee of the Town may also be designated to handle the duties of Zoning Administrator/Permit Issuer on a part-time basis in addition to the other duties performed by such person.
§ 295-79 Violations and penalties; remedies.
A.
Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Town Board, the Zoning Administrator/Permit Issuer or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator/Permit Issuer has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Town Board, the Zoning Administrator/Permit Issuer or the Town Attorney may institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator/Permit Issuer issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Chapter 1, General Provisions, § 1-3, of this Code.
§ 295-80 Zoning permits.
A.
Requirements. Applications for a zoning permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable:
(1)
Names and address of the applicant, owner of the site, architect, professional engineer, and contractor.
(2)
Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor, or where deemed appropriate by the Zoning Administrator, a location sketch drawn to scale. The scale shall not be smaller than one inch equals 50 feet. The plat or sketch shall show the location, boundaries, dimensions, elevations, uses and size of the following:
(a)
Subject site;
(b)
Existing and proposed structures;
(c)
Existing and proposed easements, streets, and other public ways;
(d)
Off-street parking, loading areas, and driveways;
(e)
Existing highway access restrictions;
(f)
Existing and proposed street shore, side, and rear yards; and
(g)
The location, elevation and use of any abutting lands and their structures within 150 feet of the subject premises.
(h)
In addition, the plat or sketch shall show the location of any shorelands and floodplains which will necessitate that a Dodge County land use permit be secured.
(4)
A copy of any necessary permits from Dodge County.
(5)
A photocopy of any necessary sanitary permits secured from Dodge County.
(6)
Proposed water and sanitary survey plan, showing the location of any private well, if municipal water service is not available. The site plan shall illustrate sanitary sewer systems, including the distance from proposed and existing buildings.
(7)
Additional information as may be required by the Town Board, Plan Commission, Zoning Administrator, Town Engineer or Planner, Building, Plumbing or Health Inspectors.
(8)
Fee receipt. Zoning permit application fees shall be set by the Town Board, paid to the Town Treasurer and a fee receipt attached to the application.
B.
Validity. A zoning permit shall be granted or denied, in writing, by the Zoning Administrator within 30 days. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.
C.
Uses not requiring a zoning permit. No zoning permit shall be required for any of the following cases; provided, however that any work not requiring a permit shall comply with the applicable setback, yard, height and other requirements of this chapter:
(1)
For building an accessory building that is less than 150 square feet in area.
(2)
For repairs that do not alter the size or position of an existing structure on a lot. Such repairs shall not include the replacement or alteration of major structural elements.
§ 295-81 Fees.
A.
Required fees. Required fees under this chapter shall be paid in full at time of application, plus the cost of any advertising of notices.
B.
Liability. The acceptance of fees as provided herein shall not be deemed an assumption of liability by the Town.
