Saint Joseph Town Saint Croix County
City Zoning Code
City Zoning Code
ARTICLE XX
Administration and Enforcement
§ 170-110 General administrative system.
This chapter creates the functions of a "Zoning Administrator" to administer and enforce its requirements. Certain administration and enforcement matters under this chapter, such as the granting of permitted conditional uses, conditional uses, changes in zoning districts and the Zoning Map, and amending the text of this chapter, also require review by the Plan Commission and action by the Town Board or Town Board of Appeals.
§ 170-111 Zoning Administrator.
The Zoning Administrator is the Town official with primary responsibility for administering the provisions of this chapter. As used in this chapter, "Zoning Administrator" refers to the Town Chair or to the Zoning Administrator selected and appointed by the Town Board. The duty of the Zoning Administrator shall be to administer, interpret and enforce this chapter and to issue all permits required by this chapter that do not require action by the Town Board or Town Board of Appeals. The Zoning Administrator shall:
A.
Advise applicants for permits as to the provisions of this chapter and be available to applicants while preparing applications.
B.
Issue any administrative-level permits now or later authorized by this chapter. The function of processing sign permits is delegated to the Building Inspector.
C.
Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter.
D.
Maintain and update the permanent and current records of this code, including but not limited to the Zoning Map, text amendments to this chapter, conditional use permits, variances, appeals and applications, which function is hereby delegated to the Town Clerk.
E.
Provide and maintain a public information function relative to all matters arising out of this chapter.
F.
Receive, file and forward to the Plan Commission all applications for amendments to this chapter, which function is hereby delegated to the Town Clerk, who shall forward all application amendments to the Zoning Administrator upon receipt of those applications.
G.
Receive, file and forward to the Plan Commission applications for all conditional use permits, which function is hereby delegated to the Town Clerk, who shall forward all conditional use permit applications to the Zoning Administrator upon receipt.
H.
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 attend all Board of Appeals meetings to provide technical assistance, which function is hereby delegated to the Zoning Administrator, the Building Inspector and the Town Engineer.
I.
Initiate, direct and review from time to time a study of the provisions of this chapter, and make periodic reports with recommendations concerning it to the Plan Commission not less than once a year.
J.
Make on-site investigations related to the enforcement of this chapter and any related ordinances of the Town and have access to any structure or premises for this purpose, or in reviewing permit applications, exercised at a reasonable hour and after a 24-hour notice.
K.
Coordinate duties and responsibilities with the Building Inspector to ensure consistent and fair application of this chapter and avoid unnecessary duplication of the specific requirements in the administration of this chapter and the Town's subdivision, building and other ordinances.
L.
Coordinate with the Town Attorney regarding enforcement of this chapter and related legal issues.
§ 170-112 Role of specific Town officials in zoning administration.
A.
Zoning administrator. The Zoning Administrator serves at the pleasure of the Town Board and has the authority to delegate responsibility for performance of duties assigned to that position by this chapter on a specific or continuing basis to any of the following: Town staff (elected, appointed or employee), the Building Inspector, the Town Engineer and Town Attorney.
B.
Plan Commission. The Plan Commission makes reports and recommendations relating to the plan and development of the Town to the Town Board, other public officials and other interested organizations and citizens. In general, the Plan Commission has such powers as are necessary to enable it to perform its functions, promote municipal planning and as set out in Chapter 35 of the Town Code. One of its functions is to make recommendations to the Town Board. The Commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.
C.
Town Board. The Town Board has ultimate authority to make changes and amendments to the boundaries of zoning districts, and to amend the text of this chapter, subject to County Board approval as provided by Wisconsin Statutes. The Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this chapter.
§ 170-113 Zoning review for one- and two-family residential uses.
A.
No building permit for a new structure, new use of land, water or air, or change in the use of land, water or air for one- or two-family residential use shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered unless the application for such permit has been reviewed by the Zoning Administrator or designee and it has been verified that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all applicable provisions of this chapter and other applicable portions of the Town Code.
B.
A building permit issued in conflict with the provisions of this chapter is null and void.
§ 170-114 Zoning review for uses other than one- and two-family residential uses.
A.
Zoning, use and site plan approval. Applications for rezoning and development for uses other than a one- or two-family residence require a site plan, development plan, review and approval by the Plan Commission and the Town Board, in accordance with all applicable requirements of this chapter and of the Code of the Town of St. Joseph. Refer to procedure for site plan approval of all conditional use permits under § 170-19.1.
B.
Rezoning. Applications and all required fees shall be directed to the Zoning Administrator or designee and shall include the following information:
(1)
Names and addresses of the applicant, owner of the site and architect, professional engineer and contractor involved.
(2)
Description of the subject site by recorded subdivision lot or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; the present zoning district within which the subject site lies; and explanation of how the proposed rezoning and development is consistent with the Town's Comprehensive Plan.
(3)
Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing such of the following as may be required by the Zoning Administrator: the location, boundaries, dimensions, uses, and size of the subject site; existing and proposed structures; existing and proposed easements, streets and other utilities; the area of all existing and proposed hard surfaces such as off-street parking, loading areas and driveways, drainage plans and waterways and existing and proposed side and rear yards.
(4)
Additional information as may be required by the Zoning Administrator, Plan Commission, Town Engineer or other sections of this chapter.
(5)
In addition, an applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission, Town Board or expert consultants retained by the Town to determine whether the proposed application meets all the requirements applicable thereto.
C.
Administration.
(1)
The Zoning Administrator shall make a preliminary review of conditional use permit and rezoning applications and development plans before referring them, with a report of initial findings on completeness, to the Plan Commission within 30 days of receipt of a completed application. The Plan Commission shall then review the application and plans and refer it to any expert consultants selected by the Zoning Administrator and/or Town Engineer to advise whether the application and plans meet all applicable requirements of the Town Code. Within 60 days of its receipt of the completed application, the Plan Commission shall provide its report and recommendation to the Town Board as to whether the proposed conditional use permit and rezoning and related development proposal should proceed. This deadline may be extended by agreement of the Plan Commission and property owner of the land in the rezoning and development plan.
(2)
When the Town determines that expert consultants are necessary to properly review applications for conditional use permit, rezoning, or development plan approval, the Town shall require the applicant to submit a cash deposit to the Town to pay any costs the Town incurs in retaining expert consultants. The amount of the deposit shall be based on the estimated cost of the consultant. The Town may draw on such funds to pay professional costs, including but not limited to legal, financial, planning or engineering costs, the Town incurs as described in this agreement. Before drawing on such funds the Town shall provide an itemized statement to the applicant of costs incurred. The Town shall be authorized to draw on such funds if the applicant does not object to the itemized statement within 10 days of the date of the statement. If at any time during the review of the application it appears to the Town that the consultant costs the Town has incurred or is likely to incur will exceed the amount of funds the applicant has on deposit with the Town, the Town shall determine the estimated cost to complete such professional review and shall require the applicant to provide additional funds to be deposited with the Town. If the applicant fails to provide the additional funds, the Town may immediately terminate further consideration of the application and any professional consulting review that may be in process for the proposed application.
(3)
Within 60 days of the Plan Commission's receipt of the completed application, the Plan Commission shall provide its report and recommendation to the Town Board as to whether the proposed conditional use permit and rezoning and/or related development proposal should proceed. This deadline may be extended by agreement of the Plan Commission and property owner of the land that is the subject of the application for conditional use permit, rezoning and/or development plan approval.
(4)
Upon receipt of the report and recommendation from the Plan Commission, the Town Board shall review the application to determine if such rezoning application and development plans meet all of the requirements of this chapter and the other applicable provisions of the ordinances of the Town of St. Joseph. Within 45 days of its receipt of the report and recommendation from the Plan Commission, the Town Board shall act on the application, following the notice and hearing requirements in Articles XVI and XVII of this chapter.
D.
Requirements. In acting on any rezoning application and development plan, the Town Board may, without limitations, address the following issues during its decision:
(1)
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas and the Town's Comprehensive Plan.
(2)
The layout of the site with regard to entrances and exits to public roadways; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and loading and unloading, whether the traffic pattern generated by the proposed rezoning and proposed development will be developed in a manner consistent with the safety of residents and the community, and to minimize any traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site, whether those portions of all front, rear and side yards not used for off-street parking will be attractively planted with trees, shrubs, plants, or grass lawns and whether the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this chapter.
E.
Effect on municipal services. During a decision on rezoning and proposed development, the Town Board may secure such advice as may be deemed necessary from the Town Engineer, other municipal officials or consultants, with special attention to the effect of the proposal upon existing municipal services and utilities. Where additional or upgraded municipal facilities will be needed, the Town Board shall agree with the applicant regarding financial responsibility and payment for the development and construction of such facilities prior to acting on a rezoning request.
§ 170-115 Certification of occupancy.
No lot or parcel now vacant shall be used for residential purposes, and no buildings or other structure shall be occupied or used for residential, commercial or industrial purposes, until a certificate of occupancy has first been obtained by the owner from the Building Inspector.
§ 170-116 Violations and penalties.
A.
Violations. It shall be unlawful to use or improve any structure or land or to use water or air in violation of any provision or requirement of this chapter or any portion of the Town Code. Landowners, occupants and the agents of both are responsible for compliance with all provisions of this chapter. In case of any violation, the Town Board, Plan Commission, the Zoning Administrator 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 Code or cause a structure to be vacated or removed.
B.
Remedial action.
(1)
The Zoning Administrator is responsible for inspecting and investigating compliance of land use activities in compliance with this chapter.
(2)
If upon such inspection or investigation the Zoning Administrator becomes aware of a condition, which he/she concludes is or is likely to become a violation, the parties in violation shall be notified and informed in writing of the appropriate action required to comply with this chapter and the time frame, not to exceed 30 days, within which to comply.
(3)
Whenever an order of the Zoning Administrator has not been complied with, the Town Board may institute appropriate legal action or proceedings to enforce the chapter, including imposition of fines, injunctive or other equitable relief, and all remedies available to the Town under Wisconsin law.
C.
Penalties.
(1)
Where a conditional use or a variance has been approved subject to specified conditions and where such conditions are not complied with, the Town Board, Plan Commission or the Board of Appeals, as applicable, shall conduct a hearing similar to those followed in considering the granting of a conditional use or variance.
(2)
Finding of noncompliance with the conditions originally imposed shall be grounds for revocation of the conditional use permit.
(3)
The Town Board may, upon the recommendation of the Plan Commission or Board of Appeals, order an assessor's plat pursuant to Wis. Stats., § 70.27, whenever the conditions specified in that ordinance are found to be present.
(4)
The Zoning Administrator, Plan Commission, Town Board, or Board of Appeals may require creation and recording of correction instruments correcting errors in distances, angles, directions, bearings, chords, block or lot numbers, street names or other details of a recorded map or plat at the expense of the subdivider or affected property owners.
(5)
No provision of this chapter shall be construed to bar action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the laws of Wisconsin.
(6)
The owner of any building, structure, lot or parcel of property, or any portion thereof, where any condition in violation of this chapter exists or shall be created, and who has failed to bring the property into compliance with the chapter, shall be subject to forfeiture for each violation of the chapter in the amount as stated in the Fees Resolution approved by the Town Board. Each day each violation exists shall be considered a separate offence and shall be subject to the forfeiture provided herein.
D.
These remedies are cumulative.
§ 170-117 Establishment of fees.
Application and review related fees shall be established by separate resolution enacted from time to time by the Town Board for, but not limited to, the following categories of activities, functions and permits: