Town of Barton, WI
Washington County
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Table of Contents
Table of Contents
[Amended 11-1-1995 by Ord. No. 95-2[1]]
A. 
Appointment. The Town Board shall appoint a Zoning Administrator who shall serve at the pleasure of the Town Board.
B. 
Terms of employment. The compensation, hours of work and other terms of employment of the Zoning Administrator shall be established from time to time by the Town Board.
C. 
Powers and duties. The Town Zoning Administrator of the Town of Barton is designated as responsible for enforcing this chapter. Said Zoning Administrator shall have the power and shall see that the provisions of this chapter are properly enforced.
(1) 
Duties of the Zoning Administrator. In the enforcement of this chapter, the Zoning Administrator shall perform the following duties:
(a) 
Issue the necessary zoning permits and other permits as provided for in the provisions of this chapter and assure that the provisions of this chapter have been complied with.
(b) 
Keep an accurate record of all permits and interpretation, numbered in order of issuance, in a record book for this purpose.
(c) 
Create such forms and procedures deemed necessary to administer and enforce this chapter.
(2) 
Authority. In the enforcement of this chapter, the Zoning Administrator shall have the power and authority for the following:
(a) 
At any reasonable time, and for any proper purpose, to enter upon any public or private premises and make inspection thereof.
(b) 
Upon reasonable cause or question as to proper compliance, to revoke any building permit, certificate of occupancy or zoning permit and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the Zoning Administrator or the Zoning Board of Appeals.
(c) 
In the name of the Town, and with authorization of the Town Board for matters initiated in Circuit Court, commence any legal proceedings necessary to enforce the provisions of this chapter or the Town of Barton Building Code, including the collection of forfeitures provided for herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Zoning permit required. In all zoning districts, except the R-1, R-2, R-3, R-4, R-5, R-6, R-7, and R-8 Districts and except one-family and two-family dwellings only in the R-9 and R-10 Districts, no vacant land shall be occupied or used and no building shall be erected, structurally altered, relocated, or used, including, but not limited to, use by a new use or changed use, until a zoning permit has been approved by the Zoning Administrator to certify that any such site, building, or use complies with the provisions of this chapter. No zoning permit is required for uses requiring a special use permit.
[Amended 11-1-1995 by Ord. No. 95-2]
B. 
Application.
(1) 
Application for a zoning permit shall be made in duplicate to the Zoning Administrator for Zoning Administrator consideration of the intended use. The zoning permit shall include the following:
(a) 
The name, address, and phone number of the applicant or agent to be contacted with regard to the application.
(b) 
Description of the property by lot, block, and recorded subdivision, certified survey map, or by metes and bounds; address of the subject site; type of structure; a word description of the existing and proposed operation or use of the structure or site; number of employees; the zoning district within which the subject site lies; and any other information pertinent to an adequate understanding of the intended use by the Zoning Administrator and Plan Commission (when a site plan is involved).
(c) 
A site plan and/or plat of survey of the property in a form and indicating information and data as set forth under the requirements of § 500-149 (as applicable).
(d) 
A sanitary permit when such sanitary permit is required under the provisions of Chapter 25, "Sanitary Code," of the Washington County Code, as amended.
(2) 
The Zoning Administrator, after scheduling an appearance before the Plan Commission for review of the site plan, shall refer the application and related data to appropriate Town departments and the site plan to the Plan Commission for its study and/or comment prior to the Plan Commission meeting.
(3) 
In considering the application, the Zoning Administrator shall take into account the basic intent of this chapter to ensure attractive, efficient, and appropriate development of land in the community and ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property values.
C. 
Issuance of zoning permit. If such use complies with the requirements of this chapter and such other additional measures as may be imposed pursuant to the requirements of this chapter, the Plan Commission shall approve the site plan, and the Zoning Administrator shall authorize the issuance of a zoning permit.
D. 
Zoning permit expiration. A zoning permit shall expire if, within six months of the date of issuance of a zoning permit, the proposed construction or preparation of land for use has not commenced or if the use has not occupied the structure or location. Upon the showing of valid cause by the applicant, the Zoning Administrator may grant an extension of such zoning permit for a period not to exceed six months.
E. 
Enforcement. Failure to comply with this section relating to zoning permits may be enforced pursuant to Article XXVII of this chapter, or any other provision of law, including but not limited to revocation of the zoning permit, injunction, or other civil suit.
A. 
General. It is recognized that there are uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:
(1) 
Uses publicly operated or traditionally affected with a public interest.
(2) 
Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
B. 
Initiation of special uses. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this chapter and in the zoning district in which the land is situated.
C. 
Application for special uses. An application for a special use, or for the expansion of an existing special use, shall be filed with the Zoning Administrator on a special use application form prescribed by the Zoning Administrator. The special use application shall be accompanied by a legal description of the property for which a special use permit is being applied for, such plans or data prescribed on the application form, a statement in writing by the applicant, and adequate evidence showing that the proposed special use will conform to the standards set forth in Article X of this chapter and those other standards set forth in this chapter which may also be applicable.
D. 
Hearing on special use application. Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing. At least 11 days in advance of such hearing, but not more than 30 days, notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Town of Barton as a Class 2 notice as required under Ch. 985, Wis. Stats. In addition to publication, due notice may also be given by first-class mail to property owners of property located in the Town of Barton which is located within 500 feet of the affected property, and any nonresident's notice shall be given to the clerk of any municipality whose boundaries are within 500 feet of the affected property. Failure to give first-class mailing notice to property owners of properties located in the Town of Barton in the affected area described above or to nonresidents or to the municipal clerk of any municipality affected herein shall not invalidate any action by the Plan Commission taken on the special use application.
[Amended 2-10-1998 by Ord. No. 98-02]
E. 
Authorization of special uses. For each application for a special use, the Plan Commission shall report to the Town Board its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Town Board may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20% of the frontage across an alley or directly opposite therefrom, such special use shall not be granted except by the favorable vote of 3/4 of all the members of the Town Board.
F. 
Effect of denial of a special use. No application for a special use which has been denied wholly or in part by the Town Board shall be resubmitted for a period of 30 days from the date of said order of denial.
G. 
Revocation. In any case where a special use has not been established within one year after the date of granting thereof, then, without further action by the Plan Commission or the Town Board, the special use authorization shall be null and void.
See the provisions set forth in Article XX of this chapter.
See the provisions set forth in Article XXIII of this chapter.
Applications for a zoning appeal shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A. 
Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B. 
Plat of survey. In the case of an appeal which involves a specific property, a plat of survey prepared by a registered land surveyor showing the information (as applicable) required under § 500-149 of this chapter.
C. 
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
(1) 
Indication of the section(s) of the chapter being appealed.
(2) 
Statement regarding the appeal requested, giving distances and dimensions where appropriate, or, in the case of an appeal of a decision of the Zoning Administrator or Building Inspector, the circumstances and appeal being requested.
(3) 
Statement of the reason(s) for the request.
(4) 
Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship. (Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.)
(5) 
Date of any previous application for an appeal and the disposition of the previous application (if any).
D. 
Additional information. Additional information as required by the Plan Commission, Town Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the zoning appeal application form.
Applications for a zoning variance shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A. 
Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B. 
Plat of survey. Plat of survey prepared by a registered land surveyor showing all of the information required under § 500-159 of this chapter for a zoning permit.
C. 
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
(1) 
Indication of the section(s) of the chapter from which a variance is requested.
(2) 
Statement regarding the variance requested, giving distances and dimensions where appropriate.
(3) 
Statement of the reason(s) for the request.
(4) 
Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship. (Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.)
(5) 
Date of any previous application for a variance and the disposition of the previous application (if any).
D. 
Additional information. Additional information as required by the Plan Commission, Town Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the zoning variance application form.
Applications for a minor zoning variance shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A. 
Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B. 
Photographs. Two photographs of the subject structure from different views.
C. 
Drawing. If available, a drawing of the structure listing its size and dimensions and a site drawing or survey setting forth the location of the structure and its distance from lot lines and adjacent buildings on the property.
D. 
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
(1) 
Indication of the section(s) of the chapter from which a minor variance is requested.
(2) 
Statement regarding the minor variance requested, giving distances and dimensions where appropriate.
(3) 
Statement of the reason(s) for the request.
(4) 
Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship. (Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.)
(5) 
Date of any previous application for a minor variance and the disposition of the previous application (if any).
E. 
Additional information. Additional information as required by the Plan Commission, Town Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the minor zoning variance application form.
Applications for an Interpretation by the Zoning Administrator shall include the following (also see the provisions set forth in Article XXIX of this chapter):
A. 
Name and address. Name and address of the applicant.
B. 
Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
(1) 
Indication of the section(s) of the chapter for which an interpretation from the Zoning Administrator is requested.
(2) 
Statement of the reason(s) for the request.
(3) 
Date of any previous application and the disposition of the previous application (if any).
C. 
Additional information. Additional information as required by the Zoning Administrator or Building Inspector.
It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or local agency. This includes, but is not limited to, a water use permit pursuant to Ch. 30 or 31, Wis. Stats., a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act,[1] and highway access permits.
[1]
Editor's Note: See 33 U.S.C. § 1344.