Zoning Ordinance
  
ARTICLE G:  ADMINISTRATIVE PROCEDURES AND ENFORCEMENT

Sec. 13-1-70 Building Permits

  1. Purpose. The Building Permit is a document issued by the Permit Issuer to verify that a proposed structure(s) or alteration of an existing structure or structures, as represented, will conform with all applicable provisions of law.
  2. Applicability. No building shall be erected, altered, structurally altered, reconstructed or moved until a Building Permit has been issued by the Permit Issuer. A Building Permit shall be required for the construction or alteration of any building or structure, including swimming pools, the total labor and materials costs of which total two thousand dollars ($2,000.00) or more, not including routine maintenance or repairs. However, if the construction or alteration affects a change in use, an Occupancy Permit shall be required as set forth in Sec. 13-1-71.
    Provided that prior to the commencement of any activity that does meet the criteria set forth above, the owner shall notify the Permit Issuer in writing of such activities, giving the address and exact nature of the work to be done, the commencement date and an estimate of its cost. The Permit Issuer may require further information if it is deemed necessary to the enforcement of the provisions of this ordinance.
  3. Application. Application for a Building Permit shall be made in writing to the Permit Issuer upon a form furnished by the Permit Issuer and shall include the following information as may required by the Permit Issuer in his discretion:
    1. Name and address of the owner of the land and, if different, the owner of the structure.
    2. A statement addressing the current use and proposed use of the land and structures.
    3. Lot dimensions (including total acreage or square footage) and the location, dimensions and arrangements of all proposed open spaces, yards, buffering, parking and signs.
    4. Site layout, drawn to scale, showing the location and dimensions of all existing and proposed uses and buildings with their height and floor dimensions and setbacks from the public right-of-way.
    5. For structures intended for human habitation, satisfactory proof of a safe and adequate water supply and satisfactory proof that the proposed sewerage system complies with all applicable laws and ordinances.
    6. Any other information necessary for the Permit Issuer to enforce the provisions of this ordinance.
  4. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the application.
  5. Issuance of Building Permit. If it is determined that the proposed structure, as represented, will comply with all applicable state laws and the provisions of this ordinance, the Permit Issuer shall officially approve and sign one set of plans and return it to the owner, and issue a Building Permit. The Building Permit shall be kept on display at the site of the proposed building until work is completed.
  6. Time Limits. Building Permits issued pursuant to this Section are valid for a period of six (6) months from the date of issuance. If substantial work, as measured in terms of expenditure of labor and materials or economic value of improvements, has not commenced prior to the expiration of the permit the applicant shall be required to reapply for a new Building Permit. The Permit Issuer may grant an applicant a one-time, six-month extension of a Building Permit if applicant presents evidence of reasonable reasons for delay in construction or that denial of the extension will impose unreasonable hardships upon the applicant.
  7. Improper Issuance. A Building Permit which was issued in error or under a misrepresentation or misstatement of fact by the applicant shall not create any rights in such permit and the Town shall be entitled to revoke such permit.
  8. Prior Permits. No Building Permit lawfully issued by the Permit Issuer prior to the effective date of adoption or amendment of this ordinance shall be invalidated by the adoption or amendment of this ordinance. Such permits shall remain valid for the period and under the terms of its issuance.

Sec. 13-1-71 Occupancy Permits

  1. Purpose. The Occupancy Permit is a document issued by the Permit Issuer to verify that the activities undertaken under a Building Permit, or proposed new or changed uses of land conform to the terms of the Building Permit and/or applicable provisions of law.
  2. Applicability. An Occupancy Permit shall be required for any of the following:
    1. Occupancy and use of a building erected, altered, structurally altered, reconstructed or moved.
    2. Any change in use or in the number of dwelling units allowed in an existing building.
    3. Occupancy and use of vacant land.
    4. Change in the use of land to a use of a different zoning classification.
    5. Any change in the use of a nonconforming use, provided that such use is in compliance with the provisions of Sec. 13-1-50, Nonconforming Uses, Structures and Lots.
  3. Application. Application for an Occupancy Permit shall be made in writing to the Permit Issuer upon a form furnished by the Permit Issuer and shall conform to the following:
  4. Uses Requiring an Occupancy Permit. Written application for an Occupancy Permit for any activity also requiring a Building Permit shall be made at the same time as the application for the Building Permit. The Occupancy Permit shall be issued within ten (10) days after final inspections have been made and the structure(s) have been found in full conformity with the terms of the Building Permit and all applicable provisions of law.
    1. Vacant Land, Change in Land Use or Change in Nonconforming Use. Written application for an Occupancy Permit for the use of vacant land, for a change in the use of an existing land or building, or for a change in a nonconforming use shall be made to the Permit Issuer and shall contain the information required by Sec. 13-1-70(3), as applicable. If the proposed use is in conformity with the provisions of this ordinance, the Occupancy Permit shall be issued by the Permit Issuer within ten (10) days from the date of application.
    2. Use Certification. Upon written application from the property owner, the Permit Issuer shall issue an Occupancy Permit for any structure or premises existing at the time of adoption of this ordinance certifying, after inspection, the use made of the structure and premises at the time of adoption and whether or not such use conforms to the provisions of this ordinance.
  5. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the application.
  6. Temporary Occupancy. The Permit Issuer may issue a temporary Occupancy Permit for a period not to exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Extensions may be obtained beyond the six (6) months’ period only by application and issuance of a new temporary Occupancy Permit.
  7. Contents/Recordkeeping. Every Occupancy Permit shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all Occupancy Permits shall be kept on file in the office of the Permit Issuer and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
  8. Improper Issuance. An Occupancy Permit which was issued in error or under a misrepresentation or misstatement of fact by the applicant shall not create any rights in such permit and the Town shall be entitled to revoke such permit.

Sec. 13-1-72 Temporary Use Permits

  1. Purpose. The Temporary Use Permit is a document issued by the Permit Issuer to regulate the size, location and placement of structures and/or uses not intended to become permanent. Such uses may include, but are not limited to the sale of merchandise, tents or structures for outdoor events open to the public, or the location and setup of circuses and carnivals.
  2. Exceptions. Garage sales, rummage sales, “sidewalk sales” in conjunction with the year-round business use of the premises, and roadside stands for the sale of produce, Christmas trees or other products grown or produced on the premises and sold on a seasonal basis (not to exceed ninety (90) days in a calendar year) are exempt from the requirements of Sec. 13-1-72.
  3. Applicability. In order for a Temporary Use Permit to be issued, such use must be of a type permitted as a permanent use in the underlying zoning district where the use is to be located and must comply with all provisions of that district.
  4. Application. Application for a Temporary Use Permit shall be made in writing to the Permit Issuer upon a form furnished by the Permit Issuer and shall contain the information required by Sec. 13-1-70(3), as applicable. If the proposed use is in conformity with the provisions of this ordinance, the Temporary Use Permit shall be issued by the Permit Issuer within ten (10) days from the date of application.
  5. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the application.
  6. Time Limits. Temporary Use Permits issued pursuant to this Section are valid for a period of ninety (90) days from the date of issuance and the use shall be discontinued immediately upon the expiration of the Temporary Use Permit. An applicant may not be granted more than one Temporary Use Permit for the same use in a calendar year.
  7. Improper Issuance. A Temporary Use Permit which was issued in error or under a misrepresentation or misstatement of fact by the applicant shall not create any rights in such permit and the Town shall be entitled to revoke such permit.

Sec. 13-1-73 Sign Permits

  1. Purpose. The Sign Permit is a document issued by the Permit Issuer to regulate the size, location and placement of signs, and to create a record of the signs placed within the Town.
  2. Applicability. A permit to erect or construct a sign shall be required for all awning signs, marquee signs, and mobile signs, and any other sign with a sign copy area of eighteen (18) square feet or greater. Exceptions to this requirement are limited to temporary real estate, construction, development and agriculture signs.
  3. Application. Application for a Sign Permit shall be made in writing to the Permit Issuer upon a form furnished by the Permit Issuer. If the proposed sign is in conformity with the provisions of this ordinance, the Sign Permit shall be issued by the Permit Issuer within ten (10) days from the date of application. The Permit Issuer shall issue a suitable identification tag with each Sign Permit. The identification tag shall be placed on the sign or on a support column in a location that is easily visible to the Inspector.
  4. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the application.
  5. Time Limits. If the application is for a permit for a temporary sign, the permit granted is valid for a period of ninety (90) days from the date of issuance and the sign shall be removed immediately upon the expiration of the permit. An applicant may not be granted permits for temporary signs in excess of the time restrictions provided under Sec. 13-1-55 or in Exhibits 7 and 8..
  6. Improper Issuance. A Sign Permit which was issued in error or under a misrepresentation or misstatement of fact by the applicant shall not create any rights in such permit and the Town shall be entitled to revoke such permit.

Sec. 13-1-74 Site Plan Permits

  1. Purpose. The Town Board recognizes that zoning, by itself, does not guarantee that new development will integrate into the community. Often, a legally-allowable use may, nonetheless, be incompatible with its proposed environment due to various design factors. Site plan review provides the Town with an opportunity to regulate development to ensure that structures and sites fit harmoniously into the surrounding environment.
  2. Applicability. Except for buildings and accessory structures consistent with agricultural uses, a site plan permit shall be required in the circumstances as indicated in Exhibit 1 for any of the following activities:
    1. New construction of a building or other structure, except as provided below.
    2. Expansion of an existing use that involves a floorspace increase of twenty (20) percent or more within any 10-year period.
    3. Change of business or other activity that requires an increase of ten (10) percent or more in the number of off-street parking spaces.
    4. Alteration or expansion of an existing parking lot that affects greater than ten (10) percent of the total number of parking spaces
    5. Remodel or exterior alteration of any building or other structure, the cost of which exceeds five (5) percent of the structure’s total fair market value as determined by the Permit Issuer.
  3. Initiation of Process; Payment of Fee. The site plan review process shall be initiated prior to the commencement of any site disturbing activities such as grading, filling, vegetation removal, etc. associated with the proposed activity. Payment of the appropriate fee, as set forth by the Town Board’s schedule of fees, shall be made at the time of the preapplication conference.
  4. Preapplication Conference. To assist the Town and the applicant in the site plan review process, an applicant for site plan review may arrange for a preapplication conference with the Town Board Chair, Permit Issuer, and/or selected Planning Commissioners by submitting forms and sketch plans as prescribed by the Permit Issuer prior to submission of a formal application. A preapplication conference need not include extensive field inspection or correspondence. The purposes of the preapplication conference are to bring about an informal discussion regarding a proposed project, and to assist the applicant by identifying the following:
    1. (Requirements for submittal, including any other types of permits necessary to complete the proposal;
    2. Applicable community plans, goals, policies, codes or guidelines and possible revisions to the proposed project that will enhance the proposal with respect to these requirements;
    3. Required plans, studies, reports, and/or other materials specific to the proposal that will provide necessary information for staff to review the project.
    4. The discussion at the preapplication conference shall not bind or prohibit the community’s future enforcement or application of its codes and ordinances.
  5. Formal Application. Application for site plan review shall include the documents described under “Submission Requirements” below as may be required by the Planning Commission in its discretion. A copy of the site plan shall be given by the applicant to the Town Clerk to be kept on file for public inquiry. After the application is determined to be complete for purposes of further processing, the Commission may transmit copies of the site plan documents to the Permit Issuer, Zoning Administrator or other consultant(s), official(s) as deemed necessary, in order to solicit comments. The reviewing officials shall then submit written comments to the Commission within 21 days concerning the potential impacts of the proposed development on the objectives listed under “Standards of Review” below, and any recommended conditions or remedial measures to accommodate or mitigate these expected impacts. Failure of any of the aforementioned parties to respond within the allotted time shall be interpreted as approval of the site plan as proposed.
  6. Submission Requirements. A site plan shall be prepared on standard 24” x 36” sheets, with continuation on 8 _ x 11” sheets as necessary for written narrative. The Permit Issuer or other decision-making body may require any of the following items as part of the formal site plan submission:
    1. Name of the project, boundaries, and location maps showing the site’s location in the community, date, north arrow and scale of the plan.
    2. Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect.
    3. Names and addresses of all owners of record of abutting parcels and those within three hundred feet (300’) of the property line.
    4. All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses and the location and use of structures within three hundred feet (300’) of the site.
    5. The location and use of all existing and proposed buildings and structures within the development. Include all dimensions of height and floor area, and show all exterior entrances, and all anticipated future additions and alterations.
    6. The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping walls and fences. Location, type, and screening details for all waste disposal containers shall also be shown.
    7. The location, height, intensity and coverage area of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
    8. The location, height, size, materials, and design of all proposed signage.
    9. The location of all present and proposed utility systems including sewage system; water supply system; telephone, cable and electrical systems; storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes and drainage swales.
    10. Soil logs, percolation tests and storm runoff calculations for large or environmentally-sensitive developments.
    11. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties as applicable.
    12. Existing and proposed topography at two-foot (2’) contour intervals. If any portion of the parcel is within the 100-year floodplain, the area shall be shown and base flood elevations given. Indicate areas within the proposed site and within fifty feet (50’) of the proposed site, where ground removal or filling is required, and give its approximate volume in cubic yards.
    13. A landscape plan showing all existing natural land features, trees, forest cover and water sources, and all proposed changes to these features including size and type of plant material. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains and drainage retention areas.
    14. Zoning district boundaries within five hundred feet (500’) of the site’s perimeter shall be drawn and identified on the plan.
    15. Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred feet (100’) of the site.
    16. For new construction or alterations to any existing building, a table containing the following information:
      1. area of building to be used for a particular use such as retail operation, office, storage, etc;
      2. maximum number of employees;
      3. maximum seating capacity, where applicable;
      4. number of parking spaces existing and required for the intended use.
      5. Elevation plans at a scale of _” = 1’ for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s) showing design features and indicating the type and color of signs to be used.
  7. Procedure. For proposals not requiring a Conditional Use Permit, the Commission shall issue its decision on the application within thirty (30) days after the determination that the application is complete. For proposals also requiring a Conditional Use Permit, the Commission shall issue its decision on the site plan application no later than seven (7) days after the hearing held by the Board of Appeals on the proposed Conditional Use Permit if such Conditional Use Permit is granted.
  8. Decision of Planning Commission. The Commission’s decision shall consist of either:
    1. Approval of the site plan.
    2. Approval of the site plan subject to any conditions, modifications or restrictions as imposed by the Commission
    3. Disapproval of the site plan.
  9. Criteria for Review. During the site plan review process, the Commission shall review the site plan and supporting documents to assess the reasonable fulfillment of the following listed objectives:
    1. Legal. Conformance with the provisions of the ordinances and rules of the State of Wisconsin, Fond du Lac County and the Town;
    2. Traffic. Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
    3. Parking. Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting, and internal traffic control.
    4. Services. Reasonable demands placed on community services and infrastructure.
    5. Pollution Control. Adequacy of methods for sewage and refuse disposal, and the protection from pollution of both surface waters and groundwater. This includes minimizing soil erosion both during and after construction.
    6. Nuisances. Protection of adjacent and neighboring properties and community amenities from any undue disturbance caused by excessive or unreasonable noise, fumes, smoke, dust, odors, glare, stormwater runoff, etc.
    7. Existing Vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
    8. Amenities. The applicant’s efforts to integrate the proposed development into the existing landscape through design features such as consistent and complimentary architectural design, vegetative buffers and/or the retention of open space.
    9. Character. The building setbacks, area and location of parking, architectural compatibility, signage and landscaping of the development, and how these features harmonize with the surrounding built environment and natural landscape.

Sec. 13-1-75 Appeals of Administrative Decisions

  1. Purpose. The Board of Appeals shall hear and decide cases where it is alleged there is an error of law in any decision made by the Building Inspector or Permit Issuer in the enforcement of this ordinance. For the purposes of this subsection, “decision” means any written order, ruling, requirement or decision made by the Permit Issuer in acting to carry out the provisions of this ordinance.
  2. Application. Any person, firm, corporation or governmental unit materially affected by a decision of the Building Inspector or Permit Issuer may appeal such decision. The appeal must be filed with the Town Clerk no more than thirty (30) days after the Permit Issuer issues the decision being appealed. An appeal must be in writing and contain the following:
    1. (A brief statement as to how the appellant is materially affected by or interested in the matter appealed;
    2. A brief statement of the appellant's issues on appeal, noting appellant's specific exceptions and objections to the decision being appealed;
    3. The relief requested, such as reversal or modification;
    4. Signature, address, and phone number of the appellant, and name and address of appellant's designated representative, if any. In the event an organization is the appellant, one person shall be designated as the contact person for all procedural matters related to the appeal; and
    5. Any documentation supporting appellant’s position on appeal.
  3. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the written appeal.
  4. Procedure. The Board of Appeals shall hold a public hearing on the appeal no more than forty-five (45) days from the filing date of the appeal, and shall issue its decision no later than sixty (60) days from the filing date of the appeal. Notice of the public hearing shall be mailed to the parties of interest, as determined by the Board of Appeals. A Class 1 notice pursuant to Chapter 985, Wisconsin Statutes, shall also be published in the official Town newspaper. The notice shall specify the date, time and place of the public hearing and the matters to come before the Board of Appeals.
  5. Decision Criteria. The order, determination or decision of the Permit Issuer may be reversed or modified if appellant affirmatively demonstrates any of the following:
    1. The decision is an erroneous interpretation of this ordinance;
    2. The decision is not supported by substantial evidence; or
    3. The decision is outside the authority of the Building Inspector or Permit Issuer.

Sec. 13-1-76 Variances

  1. Purpose. Variances are the mechanism by which the Town may grant relief from the terms of this ordinance where, owing to special physical conditions, a literal enforcement of the height, bulk, setback or other dimensional provisions of this ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
  2. Use Variance Prohibited. A variance is authorized only where practical difficulty or unnecessary hardship are a result of the physical characteristics of the subject property. Variances are not authorized for changes in density requirements or for allowing or expanding uses otherwise prohibited. A variance shall not be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
  3. Application. All applications for a variance shall be made in writing to the Permit Issuer on a form furnished by the Permit Issuer. Where a site plan is required by the terms of this ordinance it shall be submitted coincident with the application. In cases where a site plan is not required, the application shall contain information as required by Sec. 13-1-70(3), as applicable. The application should also provide information necessary to demonstrate how the request meets the variance decision criteria set forth below. The Permit Issuer shall refer all applications and accompanying materials to the Board of Appeals.
  4. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the application.
  5. Procedure. The Board of Appeals shall hold a public hearing on the application no more than forty-five (45) days from the filing date of the application, and shall issue a written decision no later than sixty (60) days from the filing date of the application. Notice of the public hearing shall be mailed to the parties of interest, as determined by the Board of Appeals. A Class 1 notice pursuant to Chapter 985, Wisconsin Statutes, shall also be published in the official Town newspaper. The notice shall specify the date, time and place of the public hearing and the matters to come before the Board of Appeals.
  6. Decision Criteria. The variance may be approved, or approved with conditions, if:
    1. The variance will not permit the establishment of a use which is not permitted or permissible in the zoning district in which the subject property is located;
    2. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located;
    3. The variance is necessary for the preservation of the same rights permitted to other properties in the same vicinity and zone as the subject property, but which is denied to the subject property because of special physical circumstances such as size, shape, topography, location or surroundings;
    4. The need for a variance has not arisen from actions taken or proposed by the applicant;
    5. The variance is the minimum necessary to afford relief to the applicant; and
    6. The variance is consistent with this and all other Town ordinances.
  7. Conditions. A variance may be approved with conditions. If no reasonable conditions can be imposed that will ensure the application meets the decision criteria set forth above, then the application shall be denied.
  8. Time Limits. If the applicant has not filed for a Building Permit or other necessary development permit prior to the expiration of one year from the date of the granting of the variance by the Board of Appeals, the applicant shall be required to reapply for a variance. The Permit Issuer may grant an applicant a one-time, one year extension if applicant presents evidence of reasonable reasons for delay in construction or that denial of the extension will impose unreasonable hardships upon the applicant.

Sec. 13-1-77 Conditional Use Permits

  1. Purpose. The Conditional Use Permit is a mechanism by which the Town may require specific conditions on development or the use of land to ensure that designated uses or activities are compatible with other uses in the same zone and in the vicinity of the subject property.
  2. Application. All applications for a Conditional Use Permit shall be made in writing to the Permit Issuer on a form furnished by the Permit Issuer. Where a site plan is required by the terms of this ordinance it shall be submitted coincident with the application. In cases where a site plan is not required, the application shall contain information as required by Sec. 13-1-70(3), as applicable. The application should also provide information necessary to demonstrate how the request meets the Conditional Use Permit decision criteria set forth below. The Permit Issuer shall refer all applications and accompanying materials to the Board of Appeals.
  3. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the application.
  4. Procedure. The Board of Appeals shall hold a public hearing on the application no more than forty-five (45) days from the filing date of the application, and shall issue a written decision no later than sixty (60) days from the filing date of the application. Notice of the public hearing shall be mailed to the parties of interest, as determined by the Board of Appeals. A Class 1 notice pursuant to Chapter 985, Wisconsin Statutes, shall also be published in the official Town newspaper. The notice shall specify the date, time and place of the public hearing and the matters to come before the Board of Appeals.
  5. Decision Criteria. A Conditional Use Permit may be granted, or granted with conditions, if:
    1. The use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property;
    2. Adequate provisions are made for roads, water, fire protection, sewage disposal and other necessary facilities;
    3. The use will not be materially detrimental to uses or property adjacent to the subject property;
    4. All reasonable measures have been taken to eliminate any negative impacts that the proposed use may have on the surrounding area;
    5. In the case of a Conditional Use Permit for the construction or use of buildings, structures or other improvements for public utility uses reasonably necessary for the public convenience and welfare, that the use or improvement shall meet a demonstrable public need and provide a public benefit; and
    6. The use complies with this and all other Town ordinances.
  6. Conditions. A Conditional Use Permit may be granted with conditions. If no reasonable conditions can be imposed that will ensure the application meets the decision criteria set forth above, then the application shall be denied.
  7. Time Limits. If the applicant has not filed for a Building Permit or other necessary development permit prior to the expiration of one year from the date of the granting of the Conditional Use Permit by the Board of Appeals, the applicant shall be required to reapply for a Conditional Use Permit. The Permit Issuer may grant an applicant a one-time, one-year extension if applicant presents evidence of reasonable reasons for delay in construction or that denial of the extension will impose unreasonable hardships upon the applicant.

Sec. 13-1-78 Amendments

  1. Purpose. The amendment process provides a method for making changes to the text of this ordinance or the adopted zoning map to allow for changes in existing conditions or the direction of development, the preservation of property values, the protection of natural resources, or to correct ordinance language, operation or procedures when deemed necessary, all to promote the health, safety, morals or the general welfare of the entire Town.
  2. Application.
    1. Text Amendment. Text Amendments may be initiated by resolution of the Town Board, by the Planning Commission on its own initiative, or by a property owner or resident of the Town. A property owner or resident shall file an application in writing with the Town Clerk on forms furnished by the Town Clerk. The application should also provide information necessary to demonstrate how the request promotes the health, safety, morals or the general welfare of the Town. The Town Clerk shall refer all applications and accompanying materials to the Planning Commission.
    2. Map Amendment. Map amendments (rezones) may be initiated by resolution of the Town Board, by the Planning Commission on its own initiative, or by the owner(s) of the particular property to be rezoned. Property owner(s) shall file an application in writing with the Town Clerk on forms furnished by the Town Clerk. The application should also provide information necessary to demonstrate how the request relates to the decision considerations set forth in Sec. 13-1-78(5) below. The Town Clerk shall refer all applications and accompanying materials to the Planning Commission.
  3. Payment of Fee. Payment of the appropriate fee, as set forth in the Town Board’s schedule of fees, shall accompany the application.
  4. Procedure. The Planning Commission shall hold a public hearing on the proposed amendment no more than forty-five (45) days from the filing date of the application or resolution, and shall forward a written recommendation to the Town Board no later than sixty (60) days from the filing date of the application. Notice of the Planning Commission’s public hearing shall be mailed to the parties of interest, as determined by the Planning Commission. A Class 2 notice pursuant to Chapter 985, Wisconsin Statutes, shall also be published in the official Town newspaper. The notice shall specify the date, time and place of the public hearing and the matters to come before the Planning Commission. In making its recommendation to the Town Board, the Planning Commission shall consider any relevant evidence gathered at the public hearing, any applicable decision considerations and any other applicable ordinance provisions.
       The Town Board shall hold a public hearing on the application no more than thirty (30) days from the receipt of the Planning Commission’s recommendation or, if the Planning Commission fails to forward such recommendation, no later than ninety (90) days from the filing date of the application. Notice of the Town Board’s public hearing shall be mailed to the parties of interest. A Class 2 notice pursuant to Chapter 985, Wisconsin Statutes, shall also be published in the official Town newspaper. The notice shall specify the date, time and place of the public hearing and the matters to come before the Town Board. The Town Board shall issue its decision on the application no later than thirty (30) days from the date of the Town Board’s public hearing. In making its decision, the Town Board shall consider any relevant evidence gathered at the public hearings, the recommendation of the Planning Commission, any applicable decision considerations and any other applicable ordinance provisions. If the Town Board action is to approve the amendment, or approve the amendment with modifications, it shall further act to formally adopt the amendment by ordinance. In the case where the Planning Commission unanimously recommended denial of the change, or in the case where a valid protest as addressed in Section 62.23(7)(d)(2), Wisconsin Statutes is filed prior to or at the public hearing, a three-fourths (_) vote of the Town Board members is required for approval of the amendment.
  5. Decision Considerations
    1. Text Amendments. In deciding on a proposed text amendment, the Planning Commission and Town Board should consider and address whether the amendment will promote the health, safety, morals and general welfare of the Town.
    2. Map Amendments. In deciding on a proposed map amendment, the following factors should be considered:
      1. Whether the proposed amendment is warranted because of changed circumstances or a need for additional land in the proposed zone and the proposed designation is appropriate for reasonable development of the subject property;
      2. Whether the subject property is suitable for development in general conformance with the zoning standards of the proposed zoning designation;
      3. Whether the proposed amendment will be materially detrimental to uses or property adjacent to the subject property;
      4. Whether provisions are or can be made for roads, water, fire protection, sewage disposal and other necessary facilities that are adequate for the density and use to which the subject property is being rezoned;
      5. Whether the proposed amendment will promote the health, safety, morals or general welfare of the Town.

EXHIBIT 14
REVIEW PROCEDURES

Decision Type Permit Issuer Planning Commission Zoning Board of Appeals Town Board
Building Permits D A
Occupancy Pmt. D A
Temp. Use Pmt. D A
Sign Permits D A
Variances D
Conditional Use Permits D
Site Plans D
Text Amendments R D
Map Amendments R D

D = Decision R = Recommendation A = Appeal

Sec. 13-1-79 Zoning Ordinance Enforcement

  1. Notice of Violation. Whenever it comes to the attention of the Permit Issuer that a building or structure is or is proposed to be erected, constructed, reconstructed, altered or converted, or any use established in violation of the provisions of this ordinance, the Permit Issuer shall issue a stop-work order or other order requiring the correction of all conditions found to be in violation of the provisions of this ordinance. The order shall notify the responsible person that he/she shall commence correction of all violations within seven (7) days of the date of the order, and shall correct all violations within thirty (30) days of the order. If corrections are not commenced within seven days or concluded within thirty (30) days of said order, each day that a violation continues shall be considered a separate offense.
  2. Remedies. In the event that the responsible person does not complete all necessary corrective measures within the time period specified in Sec. 13-1-79(1) above, the Town Board may take any and all steps necessary to institute appropriate legal action to enjoin, correct or abate such violation.
  3. Penalties. Any person who is convicted of violating any provision of this ordinance, or any order rule or regulation made hereunder, shall be fined not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) for each offense, together with the costs of enforcement.

Sec. 13-1-80 through Sec. 13-1-89 Reserved for Future Use

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