There is hereby established a Planning and Zoning Committee
for the Town.
[Amended 5-9-2022 by Ord. No. 2022-3]
A.
The Town
Planning and Zoning Committee shall consist of five members. One member
may be a Town Board member. The Town Chairman shall appoint the Committee's
presiding officer. The Town Board shall appoint four citizen members
who upon creation of the Committee shall be appointed for one, two,
and two members for three-year terms. The Town Clerk and Building
Inspector shall be ex officio members and shall attend all Planning
and Zoning meetings but shall not be voting members.
B.
The Town
Chairman may appoint, for staggered three-year terms, two alternate
members of the Committee, who are subject to confirmation of the Town
Board. Annually, the Town Chairman shall designate one of the alternate
members as the first alternate and the other as the second alternate.
The first alternate shall act, with full power, only when a member
of the Committee refuses to vote because of a conflict of interest
or when a member is absent. The second alternate shall act only when
the first alternate refuses to vote because of a conflict of interest
or is absent, or if more than one member of the Committee refuses
to vote because of a conflict of interest or is absent.
The four citizen members shall initially serve for terms of
one, two, and three years, respectively from the succeeding first
day of May, and thereafter annually during April one or more of the
members shall be appointed for a term of three years. The term of
the Town Board member shall be one year.
All citizen members shall be persons with recognized experience
and qualifications and shall hold office until their respective successors
are selected and qualified.
There is herewith created the office of Building Inspector which
office may be a full-time or part-time position, as the Town Board
in its discretion shall determine; the Building Inspector shall be
appointed by the Town Board and shall hold office until replaced by
the Town Board. His compensation shall be determined by the Town Board.
The Building Inspector shall prepare building permit forms; assist
the applicant in preparing his application; advise the applicant as
to the provisions of this chapter; inspect each project for which
a permit has been applied or granted; report violations; and provide
this information to the Planning and Zoning Committee. The Building
Inspector may issue building permits which are within the literal
requirements of this chapter. Whenever there is a question other than
the literal requirements of this chapter, it is to be brought directly
to the Planning and Zoning Committee Chairman. The Building Inspector
shall make a monthly report of his activities to the Town Board.
There is herewith created the Office of Ordinance Enforcement
Officer which may be a full-time or part-time position, as the Town
Board in its discretion shall determine; the Ordinance Enforcement
Officer shall be appointed by the Town Board and shall hold office
until replaced by the Town Board. His compensation shall be determined
by the Town Board. The duties of the Ordinance Enforcement Officer
shall be to administer, supervise, and literally enforce the provisions
of this chapter.
Whenever a vacancy shall occur, the Town Board shall elect or
appoint the appropriate member to complete the unexpired term.
A.
The Town Board, or other public body having authority thereon, shall
refer to the Planning and Zoning Committee, for its consideration
and report before final action is taken by the Town Board or public
body, the following matters: the location and architectural design
of any public building; the location of any statue or other memorial;
the location, acceptance, extension, alteration, vacation, abandonment,
change of use, sale, acquisition of land for or lease of land for
any street, alley or other public way, park, playground, airport,
area for parking facilities, or other memorial or public grounds;
the location, extension, abandonment or authorization for any public
utility, whether public or privately owned; all plats of land in the
Town; the location, character and extent or acquisition, leasing or
sale of lands for public or semipublic housing, slum clearance, relief
of congestion, or vacation camps for children; and the abandonment
or repeal of any ordinance adopted pursuant to planning and zoning.
Unless such report is made within 45 days or such longer period as
may be stipulated by the Town Board, the Board or other public body
may take final action without it.
B.
The Planning and Zoning Committee shall have the following responsibilities:
(1)
Zoning districts: to conduct a public hearing and recommend to the
Town Board zoning changes when within the provisions of this chapter.
(2)
Conditional uses: to conduct a public hearing and recommend to the
Town Board conditional use permits when within the provisions of this
chapter in conjunction with the Building Inspector.
(3)
Subdivisions: to review and recommend to the Town Board the approval
or denial of preliminary and final subdivisions. Conditions of approval
may be attached to preliminary or final plans.
(4)
Substitutions: to review and recommend to the Town Board applications
for substitutions of more restrictive nonconforming uses for existing
nonconforming uses, provided no structural alterations are to be made.
Whenever the Board permits such a substitution, the use may not thereafter
be changed without application.
(5)
Unclassified uses: to review and recommend to the Town Board applications
for unclassified and unspecified uses, provided that such uses are
similar in character to the principle uses permitted in the district.
(6)
Temporary uses: to review and recommend to the Town Board applications
for temporary uses in any district, provided that such uses are of
a temporary nature, do not involve the erection of a substantial structure,
and are compatible with the neighboring uses. The permit shall be
temporary, revocable, subject to any conditions required by the Town
Board and shall be issued for a period not to exceed 12 months. Compliance
with all other provisions of this chapter shall be required.
Regular meetings shall be held monthly, as specifically determined
by the Planning and Zoning Committee. Special meetings may be called
by the presiding officer upon written request of two Committee members.
Notice of special meeting shall be given by personal service to all
members at least 24 hours prior to the called special meeting.
The minutes shall be kept by the Secretary.
Three members shall constitute a quorum to transact any business
and formulate its proper action thereon.
The Town Clerk shall serve as the Secretary. The Committee may
also formulate any lawful rules for its operation and procedures.
The members shall be compensated as determined by the Town Board.
The Town Board is the public body having authority thereon to change or amend this chapter. The Town Board may retain an attorney, planner, engineer, architect, or other professional consultants to advise the Town Board and/or Planning and Zoning Committee and/or Board of Adjustment on any or all aspects of a rezoning, conditional use, or variance petition. The cost of this shall be borne by the applicant. The Town Board may also direct by majority vote that building permits and conditional use permits be issued when in compliance with § 400-22A of this chapter.
A.
For the purpose of promoting compatible development, stability of
property values, and to prevent impairment or depreciation of property
values, no person shall commence any use or erect any structure, with
the exception of single-family and two-family dwellings and farm dwellings
and related farm structures that support a farm operation, without
first obtaining the approval of the Town Board of detailed site and
architectural plans as set forth in this section.
B.
The Planning and Zoning Committee shall review and recommend for
approval, approval with conditions, or denial to the Town Board the
site plans; plans for existing and proposed structures; architectural
plans; neighboring uses; parking areas; driveway locations; loading
and unloading areas and facilities; highway access; traffic generation
and circulation; drainage, sewage and water systems; and utilization
of landscaping and open space for all zoning districts in the Town.
C.
The Town Board shall review and approve the site plans; plans for
existing and proposed structures; architectural plans; neighboring
uses; parking areas; driveway locations; loading and unloading areas;
highway access; traffic generation and circulation; drainage, sewage
and water systems; and utilization of landscaping and open space and
the proposed operation for development in all zoning districts in
the Town.
(1)
Principles. To implement and define criteria for the purposes set
forth above, the following principles are established to apply to
all new structures and uses and to changes or additions to existing
structures and uses.
(a)
No building or use regulated by this section shall be permitted
that would have a negative impact on the maintenance of safe and healthful
conditions in the Town.
(b)
Buildings and uses regulated by this section shall maintain
existing topography, drainage patterns, and vegetative cover insofar
as is practical. The Town Board may require that drainage easements
be executed.
(c)
Buildings and uses regulated by this section shall provide for
adequate construction site erosion control measures. The Town Board
may require erosion control plans and establish time schedules for
landscaping and revegetation of construction sites. Erosion control
plans shall be in conformance with the requirements of § SPS
321.125, Wis. Adm. Code.
(d)
Buildings and uses regulated by this section shall provide for
safe traffic circulation and safe driveway locations.
(e)
Buildings and uses regulated by this section shall provide adequate
parking and loading areas.
(f)
Buildings and uses regulated by this section shall be provided
with adequate public services as approved by the appropriate utility.
(g)
Use of exterior lighting shall be designed in such a manner
that all light rays are directed downward onto the property. No rays
shall be directed towards adjacent properties.
(2)
Administration. Plan data shall be submitted to the Town Clerk who
shall transmit all applications and their accompanying plans to the
Building Inspector, Planning and Zoning Committee, and Town Board
for their review. Plan data to be submitted with all plan review applications
shall include the following:
(a)
Site plan drawn to a recognized engineering scale.
(b)
Name of project.
(c)
Owner's and/or developer's name and address.
(d)
Architect's and/or engineer's name and address.
(e)
Date of plan submittal.
(f)
Scale of drawing and North arrow.
(g)
Existing and proposed topography shown at a contour interval
not more than two feet. Topography shall extend 40 feet onto adjacent
property, or to the building on the adjacent lot, whichever is greater.
(h)
The characteristics of soils related to contemplated specific
uses.
(i)
Total number of parking spaces.
(j)
The type, size, and location of all structures with all dimensions
shown.
(k)
Height of all structures.
(l)
Existing and proposed street names.
(m)
Existing and proposed public rights-of-way and widths.
(n)
Location of existing and proposed sanitary sewers, storm sewers,
and water mains, if appropriate.
(o)
Location of proposed stormwater management facilities, including
detention and retention areas.
(p)
Location of existing trees.
(q)
Location, extent, and type of proposed landscaping.
(r)
Location of existing and proposed sidewalks and walkways.
(s)
A graphic outline of any proposed development staging.
(t)
Architectural plans, elevations, and perspective drawings and
sketches illustrating the design and character of proposed structures.
(3)
Review and findings. The Planning and Zoning Committee shall review
the referred plans within a reasonable period of time following their
submittal and forward a recommendation for approval, approval with
conditions, or denial to the Town Board no later than 60 days following
the receipt of a completed application. The Town Board shall not approve
any plans unless they find after reviewing the application that the
structures or use, as planned, will not violate the intent and purpose
of this chapter and that said plans will not impair an adequate supply
of light and air to adjacent property, or substantially increase the
danger of fire, or traffic congestion, or otherwise endanger the public
health or safety.
(4)
Sureties. The Town Board may impose time schedules for the completion
of buildings, parking areas, open space utilization, and landscaping.
The Town Board may require appropriate sureties to guarantee that
improvements will be completed on schedule. The Town Board may further
require a fee equal to the cost of any legal, engineering, administrative,
or fiscal work undertaken by the Town in their review of a development
project.
