Zoning Ordinance
  
ARTICLE F:  ADMINISTRATIVE DUTIES

Sec. 13-1-60 Town Board

  1. Powers and Duties. The Town Board, in general, performs the following functions in relation to matters addressed by this ordinance:
    1. Adopt and periodically review a schedule of fees, payable by applicants, for the review and processing of Building Permits, Occupancy Permits, Temporary Use Permits, Sign Permits, formal Site Plan Review, Conditional Use Permits, applications for variances, applications for amendments to this ordinance (text or map), appeals of decisions of the Permit Issuer/Permit Issuer, and appeals of decisions of the Planning Commission on Site Plan Review applications.
    2. Approves, approves with changes, or disapproves, after due consideration of any recommendations made by the Planning Commission, any application for an amendment to this ordinance, including applications for amendment to the officially adopted zoning map.
    3. Approves, approves with conditions, or disapproves, after due consideration of the recommendations made by the Planning Commission, any application for a subdivision plat.
    4. Takes such other action not delegated to other bodies that may be desirable and necessary to implement the provisions of this ordinance.

Sec. 13-1-61 Board of Appeals

  1. Creation and Membership. The Zoning Board of Appeals under this ordinance is the Board of Appeals that has been duly created by the Town of Empire. The appointment of members and alternates, terms of appointment, filling of vacancies, use of alternates and other provisions related to the creation and membership of the Board of Appeals shall operate in accordance with Section 62.23(7)(e), Wisconsin Statutes as amended from time to time.
  2. Organization.
    1. The Board of Appeals shall have power to adopt rules and regulations for its own governance consistent with the provisions of this or any other ordinance of the Town.
    2. Meetings of the Board of Appeals shall be held at the call of the Chair of the Board of Appeals, or at such other times as the Town Board may determine necessary.
    3. All meetings of the Board of Appeals shall be public. The Board of Appeals shall keep minutes of its proceedings showing its action and 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.
    4. The presence of four (4) members of the Board of Appeals shall constitute a quorum. The concurring vote of four (4) members shall be required to reverse any order, requirement, decision or determination of the Permit Issuer, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance. The grounds of every such determination shall be based on evidence presented in the record.
    5. The Board of Appeals may call on the Permit Issuer, Permit Issuer or other administrative officials for assistance in the performance of its duties, and it shall be the duty of such officials to provide such assistance as is reasonably requested.
  3. Powers and Duties. The Board of Appeals shall have the following powers and duties:
    1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Permit Issuer in the administration or enforcement of this ordinance.
    2. To hear and decide applications, in specific cases, for variances from this ordinance.
    3. To hear and decide applications, in specific cases, for Conditional Use Permits.
    4. To hear and decide applications for Conditional Use Permits for the construction or use of buildings, structures or other improvements for public utility uses reasonably necessary for the public convenience and welfare, subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this ordinance.
    5. To hear and decide all other matters referred to it upon which it is required to act under this ordinance.

Sec. 13-1-62 Planning Commission

  1. Creation and Membership. The Planning Commission under this ordinance is the Planning Commission that has been duly created by the Town of Empire. It is the responsibility of the Planning Commission to implement and enforce this ordinance as set forth hereafter. The Planning Commission shall consist of five (5) members, appointed by the Town Board Chair and subject to approval by the Town Board, selected for their knowledge of and interest in matters pertaining to this ordinance. Members shall serve three (3) year terms, except that of those first appointed one shall serve for one year, two for two years and two for three years. Annually, the Town Board Chair shall appoint a Commission Chair. The members of the Planning Commission shall thereafter elect other officers as may, in their judgement, be necessary.
  2. Organization.
    1. The Planning Commission shall have power to adopt rules and regulations for its own governance consistent with the provisions of this or any other ordinance of the Town.
    2. Meetings of the Planning Commission shall be held at the call of the Commission Chair, or at such other times as the Town Board may determine necessary.
    3. All meetings of the Planning Commission shall be public. The Planning Commission shall keep minutes of its proceedings showing its action and the vote of each member upon questions requiring a vote or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.
    4. The presence of four (4) members of the Planning Commission shall constitute a quorum. The concurring vote of three (3) members shall be required to any matter upon which it is required to pass under this ordinance. The grounds of every such determination shall be based on evidence presented in the record.
    5. The Planning Commission may call on the Permit Issuer or other administrative officials for assistance in the performance of its duties, and it shall be the duty of such officials to provide such assistance as is reasonably requested. The Planning Commission, with the approval
  3. Powers and Duties. The Planning Commission shall have the following powers and duties:
    1. To initiate, hear, review and offer its recommendations to the Town Board on applications for amendments to this ordinance, including applications for amendments to the officially adopted zoning map.
    2. To hear, review and offer its recommendations to the Town Board on applications for subdivision plats.
    3. To review and decide on applications for site plan review.
    4. At the request of the Town Board, to prepare and recommend to the Town Board a comprehensive plan for the Town, and from time to time to recommend the Town Board such amendments to the plan as it deems appropriate.
    5. To aid and assist the Town Board in implementing the Towns adopted land use policies and in planning, developing and completing specific projects.

Sec. 13-1-63 Permit Issuer

  1. Powers and Duties. It shall be the duty of the Building Inspector and/or other official designated as Permit Issuer by the Town, to administer and enforce the provisions of this ordinance. The Permit Issuer/ shall be appointed by the Town Board Chair and confirmed by the Town Board. The Permit Issuer shall:
    1. Examine all applications for Building Permits, Occupancy Permits, Sign Permits and Temporary Use Permits, and approve such permits when there is compliance with the provisions of this ordinance.
    2. Revoke by order any permits approved under a misrepresentation or misstatement of fact, or approved contrary to the law or provisions of this ordinance.
    3. Conduct inspections to determine compliance or non-compliance with the provisions of this ordinance.
    4. Issue stop-work orders and orders requiring the correction of all conditions found to be in violation of the provisions of this ordinance.
    5. When directed by the Town Board, institute in the name of the Town any appropriate legal action or proceedings to prevent or correct any violation of this ordinance.
    6. Maintain maps and/or records of all nonconformities and approved Conditional Use Permits and variances.
    7. At the request of the Town Board, Town Board Chair, Planning Commission or Board of Appeals, present to such persons or bodies facts, records or reports that may assist them in making decisions, or assist them in any way as requested.

Sec. 13-1-64 through Sec. 13-1-69 Reserved for Future Use

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