There is hereby established a Plan Commission for the Town of
Barton, Wisconsin, in accordance with § 62.23, Wis. Stats.
[Amended 4-20-2004 by Ord. No. 04-003[1]]
The Plan Commission shall consist of the Town Chair, who shall
be its presiding officer, a Town Supervisor nominated by any member
of the Town Board and approved by the Town Board as the appointing
authority, who shall serve for three years, unless his office becomes
vacant, and five citizens appointed for three-year terms. The citizen
members shall be appointed by the Town Board. The Town Chair or any
Town Board Supervisor may nominate a citizen member to the Plan Commission,
and the Town Board from the nominations shall thereafter make the
appointment by majority vote to the Plan Commission.
A.
Presiding officer. The presiding officer shall be the Town Chair.
B.
Secretary. The Secretary shall be appointed by the Town Chair.
C.
Official oaths. The official oaths shall be taken by all members
in accordance with § 19.01, Wis. Stats., within five days
of receiving notice of their appointments.
D.
Terms. Terms for the citizen members shall commence in the first
week in May, and each term shall be staggered, and each term shall
be for a three-year period.
The Plan Commission shall organize and adopt rules for its own
government in accordance with the provisions of this chapter.
A.
Meetings. Meetings shall be held monthly or at the call of the Town
Chair or a majority of the full Plan Commission and shall be open
to the public.
B.
Standing and special committees. Standing and special committees
may be appointed by the Chair.
C.
Quorum. Quorum shall be four members, but all actions shall require
approval of a majority of the full Commission, except a motion to
adjourn.
D.
Minutes. Minutes shall be kept showing all actions taken, resolutions,
findings, determinations, transactions, and recommendations made,
and a copy shall be filed with the Town Clerk (or other Town Board
authorized agent) as a public record.
E.
Rules of procedure. The Plan Commission may adopt rules for the transaction
of business and shall keep a record of its resolutions, transactions,
findings, and determinations, which shall be a public record.
F.
Compensation. The Plan Commission shall receive compensation for
service on the Plan Commission as the Town Board may determine.
The Plan Commission shall have such powers as may be necessary
to enable it to perform its functions and duties and promote municipal
planning. Such powers shall include, but not be limited to, the following:
A.
Employment of experts. To employ experts and a staff and to pay for
their services, supplies, equipment, and such other expenses as may
be necessary and proper, not to exceed the appropriations and regulations
made by the Town Board, or placed at its disposal through gift, and
subject to any ordinance or resolution enacted by the Town Board.
B.
Reports and recommendations. To make reports and recommendations
relating to the plan and development of the municipality to public
officials, agencies, utilities, and other organizations and citizens.
C.
Public improvement programs. To recommend public improvement programs
and financing thereof to the Town Board or Town Chair.
D.
Request available information. To request available information from
any public official to be furnished within a reasonable time.
E.
Enter upon any land. The Plan Commission, its members, and employees
may enter upon any land in the performance of its functions, make
examinations and surveys, and place and maintain necessary monuments
and marks thereon.
The Plan Commission shall have the following functions and duties:
A.
Make and adopt a Comprehensive Plan. To make and adopt a Comprehensive
Plan, or element or component thereof, for the physical development
of the Town of Barton and, from time to time, extend or add to the
Comprehensive Plan in accordance with § 62.23(3), Wis. Stats.
B.
Make and recommend an Official Map. To make and recommend an Official
Map to the Town Board in accordance with § 62.23, Wis. Stats.
C.
Prepare and recommend a zoning district plan and regulations. To
prepare and recommend a zoning district plan and regulations to the
Town Board in accordance with § 62.23, Wis. Stats.
D.
Prepare and recommend land division regulations. To prepare and recommend
land division regulations to the Town Board in accordance with § 236.45,
Wis. Stats.
E.
Changes to the Comprehensive Plan. To make any changes to the Comprehensive Plan it deems necessary or desirable and to recommend any changes or amendments to the Town Board that it deems necessary or desirable concerning the Official Map and Official Map Ordinance, this chapter and Chapter 340, Land Division, and other ordinances as deemed related.
F.
Matters referred to the Plan Commission. To consider and report or
recommend on all matters referred to it, including, but not limited
to, special use permits.
G.
Variances to the land division and platting provisions of this chapter.
The granting of variances to the land division and platting-related
aspects of this chapter shall be the sole charge of the Plan Commission.
[See State ex rel. Westbrook v. City of New Berlin, 120 Wis.2d 256,
354 N.W.2d 206 (Ct. App. 1984).]
H.
Hold public hearings and informational meetings. To hold public hearings
and informational meeting on matters referred to the Plan Commission.
The Town Board or other public body or officer of the Town,
having final authority thereon, shall refer to the Plan Commission,
for its consideration and report before final action is taken, the
following matters:
A.
Public buildings. Location and architectural design of any public
building.
B.
Statues and memorials. Location of any statue or other memorial.
C.
Streets, alleys, or other public way, park, playground, airport,
parking area, or other memorial or public grounds. Location, acceptance,
extension, alteration, vacation, abandonment, change of use, sale,
acquisition, or lease of land for any street, alley, or other public
way, park, playground, airport, parking area, or other memorial or
public grounds.
D.
Public utilities. Location, extension, abandonment, or authorization
for any public utility whether publicly or privately owned.
E.
Public or semipublic housing, slum clearance, relief of congestion,
or vacation camps for children. 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.
F.
Subdivision plats and certified survey maps. All subdivision plats
and certified survey maps in the Town of Barton or within the territory
over which the Town is given platting jurisdiction by Ch. 236, Wis.
Stats.
G.
Annexations, incorporations, detachments, or consolidations. All
annexations, incorporations, detachments, or consolidations affecting
the Town.
H.
Changes and amendments. All proposed or requested changes and amendments to the Town's Comprehensive Plan or elements and/or components thereof, Official Map Ordinance, this chapter, and Chapter 340, Land Division.
I.
All matters required to be referred by the Wisconsin State Statutes. All matters required to be referred to the Plan Commission as provided in § 62.23, Wis. Stats., and all other matters required to be referred to the Plan Commission by any other statute of the State of Wisconsin or by any ordinance of the Town of Barton, including this chapter and Chapter 340, Land Division.
A.
General. The Plan Commission shall have all additional powers and
duties granted or assigned by the Town Board or by Town ordinances.
All the powers and duties granted or assigned by the Wisconsin Statutes
to plan commissions and any amendments thereto are hereby granted
or assigned to the Commission, and such statutes are hereby adopted
by reference.
B.
Architectural review. The Plan Commission shall review and make recommendations
to the Town Board regarding the architectural design of all multiple-family
residential and nonresidential development in the Town of Barton for
the purpose of promoting compatible development, aesthetics, stability,
or property values, and to prevent impairment or depreciation of existing
developments. No structure shall hereafter be erected, moved, reconstructed,
extended, enlarged, or have its exterior altered or changed without
the Plan Commission's approval. Small accessory structures are exempt
unless the Zoning Administrator requests a determination by the Plan
Commission.
(1)
Architectural review power. The Plan Commission shall have the
following power:
(a)
Hear and decide applications. Hear and decide applications for
permission to erect, move, reconstruct, extend, alter, or change the
exterior of all structures.
(b)
Approve, deny, or conditionally approve the application. Approve,
deny, or conditionally approve the application and may request such
modifications as it may deem necessary to carry out the purpose of
this section.
(c)
Assistance. The Plan Commission may request assistance from
other municipal officers, departments, boards, and commissions.
(d)
Additional information. Request applicant to furnish additional
information.
(2)
Applications for architectural review. Applications for approval by the Plan Commission shall be made to the Zoning Administrator or Building Inspector (as applicable) and shall be accompanied by plans showing the exterior elevations of the existing and proposed structure, description of the proposed materials, proposed floor grades, and a list of the names and addresses of the parties in interest. Applications for architectural review shall include that information and data as required under Article XXIII of this chapter.
(3)
Findings of the Plan Commission pertaining to architectural
review. The Plan Commission shall not approve any application unless
it finds beyond a reasonable doubt that the following facts and conditions
exist and shall so indicate in the minutes of its proceedings:
(a)
Conformance with architectural review principles and standards. The exterior design proposed is in conformance with the principles and standards set forth in § 500-156 of this chapter.
(b)
No depreciation of property values. The exterior design is not
unsightly or obnoxious and is not disharmonious or so similar to existing
or proposed neighboring developments that substantial depreciation
of neighboring property or development will be caused by the applicant's
proposal.
(4)
Decision of the Plan Commission pertaining to architectural
review. The Plan Commission shall decide all applications within five
days after its review and shall transmit a signed copy of its decision
to the applicant and file a copy with the Zoning Administrator or
Building Inspector (as applicable).
(5)
Appeals relating to architectural review. Any person or persons
aggrieved by any decision of the Plan Commission pertaining to architectural
review may appeal the decision to the Zoning Board of Appeals. Such
appeal shall be filed with the Town Clerk (or other Town Board authorized
agent) within 30 days after filing of the decision with the Zoning
Administrator.
There is hereby established a Zoning Board of Appeals in the
Town of Barton for the purpose of hearing appeals and applications
and granting variations and exceptions to the provisions of this chapter
in harmony with the purpose and intent of this chapter.
The Zoning Board of Appeals shall consist of five members appointed
by the Town Chair and confirmed by the Town Board. In addition:
A.
Terms. Terms of the Zoning Board of Appeals shall be staggered three-year
periods.
B.
Chair. The Chair of the Zoning Board of Appeals shall be designated
by the Town Chair.
C.
Vice Chair. The Vice Chair of the Zoning Board of Appeals shall be
designated by the Town Chair.
D.
Two alternate members. Two alternate members of the Zoning Board
of Appeals shall be appointed by the Town Chair for a term of three
years and shall act only when a regular member is absent or refused
to vote because of conflict of interest.
E.
Zoning Administrator and Building Inspector. The Zoning Administrator
shall attend, and the Building Inspector may attend, all meetings
of the Zoning Board of Appeals for the purpose of providing technical
assistance when requested by the Zoning Board of Appeals.
G.
Vacancies. Vacancies of the Zoning Board of Appeals shall be filled
for the unexpired term in the same manner as appointments for a full
term.
H.
Recording secretary. The recording secretary shall be the Zoning
Administrator.
The Zoning Board of Appeals shall organize and adopt rules of
procedure for its own government in accordance with the provisions
of this chapter.
A.
Meetings. Meetings of the Zoning Board of Appeals shall be held at
the call of the Chair or, if the Chair is not available, the Vice
Chair, based upon an application filed with the Zoning Administrator.
All meetings of the Zoning Board of Appeals shall be open to the public.
B.
Minutes. Minutes of the proceedings of the Zoning Board of Appeals
and a record of all actions shall be kept by the Secretary, showing
the vote of each member upon every question, the reasons for the Zoning
Board of Appeals determination, and its findings of facts. These records
shall be immediately filed in the office of the Zoning Board of Appeals
and shall be a public record.
The Zoning Board of Appeals shall have the following powers:
A.
Errors. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by the
Zoning Administrator or the Building Inspector.
B.
Variances and minor variances. To hear and grant applications for
variances (except variances relating to land divisions) pursuant to
the provisions of § 62.23(7)(e)7, Wis. Stats., as amended
from time to time, and to hear and grant applications for minor variances
pursuant to this article of this chapter. Use variances shall not
be granted.
C.
Interpretations. To hear and decide applications for interpretation
of the zoning regulations and the boundaries of the zoning districts
after the Plan Commission has made a review and recommendation.
D.
Substitutions. To hear and grant applications for substitution of
more restrictive nonconforming uses for existing nonconforming uses,
provided no structural alterations are to be made and the Plan Commission
has made a review and recommendation. Whenever the Zoning Board of
Appeals permits such a substitution, the use may not thereafter be
changed without application.
E.
Unclassified uses. To hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Plan Commission
has made a review and recommendation.
F.
Temporary uses. To hear and grant 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, and the Plan Commission has made a review
and recommendation. The permit shall be temporary, revocable, subject
to any conditions required by the Zoning Board of Appeals, and shall
be issued for a period not to exceed 12 months. Compliance with all
other provisions of this chapter shall be required.
G.
Permits. The Zoning Board of Appeals may reverse, affirm wholly or
partly, modify the requirements appealed from, and may issue or direct
the issue of a permit.
H.
Assistance. The Zoning Board of Appeals may request assistance from
other Town officers, departments, commissions, and boards.
I.
Oaths. The Chair of the Zoning Board of Appeals may administer oaths
and compel the attendance of witnesses.
Appeals from the decision of the Zoning Administrator and the Building Inspector concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the Town. Such appeals shall be filed with the recording secretary of the Zoning Board of Appeals within 30 days after the date of written notice of the decision or order of the Zoning Administrator or Building Inspector. Applications may be made by the owner or lessee [with signed written permission of the owner(s) only] of the structure, land, or water to be affected at any time and shall be filed with the Secretary. Such appeals and application shall include that information and data as required under § 500-163 of this chapter.
A.
Purpose. The Zoning Board of Appeals, after a public hearing, may
determine and vary the regulations of this chapter in harmony with
their general purpose and intent, only in the specific instances hereinafter
set forth, where the Zoning Board of Appeals makes findings of fact
in accordance with the standards hereinafter prescribed, and further
finds that there are practical difficulties or particular hardships
in the way of carrying out the strict letter of the regulations of
this chapter.
B.
Application and notice of hearing.
(1)
Variance (except minor variances). An application for a variance shall be filed in writing with the Zoning Administrator. The application shall contain such information as set forth in § 500-164 of this chapter. Prior to decisions on such petitions, the Zoning Board of Appeals shall hold a public hearing thereon, notice of which shall be mailed to the petitioner, owners of property within 500 feet, and to the owners of all property deemed by the Zoning Board of Appeals to be affected thereby, and also advertised at least seven days prior to the public hearing in the official newspaper of the Town. The cost of notifying affected property owners and the cost of advertising the notice of the public hearing shall be borne by the petitioner.
(2)
Minor variances. Appeals from the decision of the Zoning Administrator and the Building Inspector concerning the literal enforcement of this chapter with regard to the accessory buildings of 150 square feet or less in area, decks and fences may be made by the owner of the structure or land to be affected. Such appeals may be filed with the Secretary within 30 days after the date of written notice of the decision or order of the Zoning Administrator or Building Inspector, or if such decision or order of the Zoning Administrator or Building Inspector has been made prior to the effective date of this chapter and no appeal has been taken therefrom, then 60 days from the effective date of this chapter, whichever date occurs later. Applications for a minor variance may be made by the owner of the structure or land to be affected at any time and shall be filed with the Secretary. The application shall contain such information as set forth in § 500-165 of this chapter. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, give public notice thereof at least seven days prior, and shall give written notice by regular mail to the applicant and all abutting and opposite property owners of record, by mailing at least seven days in advance of the hearing. At the hearing, the applicant may appear in person, by agent or by attorney.
C.
Findings and factors.
(1)
Variances (except minor variances). No variance to the provisions of this chapter (except as otherwise provided) shall be granted by the Zoning Board of Appeals unless it finds that if the variance is granted it would not be contrary to the public interest; a literal enforcement of the chapter provisions would result in practical difficulties or unnecessary hardship due to special conditions; the spirit of the chapter is preserved; public safety and welfare are secured and substantial justice done. In reviewing the application and evidence relating to a variance, the Zoning Board of Appeals shall consider the findings statements set forth in § 500-196 of this chapter.
(2)
Minor variances. No minor variances to the provisions of this
chapter or the Building Code shall be granted by the Zoning Board
of Appeals unless it finds, by a preponderance of the evidence, considering
the interests of the abutting and opposite property owners and the
public, that there exist conditions under which a literal enforcement
of the building codes and zoning regulations of this chapter as to
the subject structure would result in a substantial burden to the
appellant or applicant and no material impact upon the community,
so that the spirit and purpose of such regulations be observed and
the safety, welfare and health of the public and the abutting and
opposite property owners be protected. In reviewing the application
and evidence relating to a minor variance, the Zoning Board of Appeals
shall consider the following factors and indicate its findings in
the minutes of the proceedings:
(a)
The change sought by the minor variation shall not be inconsistent
with the intent of the zoning regulations for the district in which
the property is located;
(b)
Minor variances shall not create substantial detriment to or
materially impair adjacent property;
(c)
The Zoning Board of Appeals may consider such other factors
which appear relevant to the grant or denial of the minor variance.
D.
Authorized variances. Variances from the regulations of this chapter
shall be granted by the Zoning Board of Appeals only in accordance
with the standards established in this section and may be granted
in the following instances:
(1)
To permit any yard or setback less than the yard or setback
required by the applicable regulations;
(2)
To permit the use of a lot or lots for a use otherwise prohibited
solely because of insufficient area or width of the lot or lots, but
in no event shall the respective area and width of the lot or lots
be less than 90% of the required area and width;
(3)
To permit the same off-street parking facility to qualify as
required facilities for two or more uses, provided the substantial
use of such facility by each user does not take place at approximately
the same hours of the same days of the week;
(4)
To reduce the applicable off-street parking or loading facilities
required by not more than one parking space or loading space or 20%
of the applicable regulations, whichever number is greater;
(5)
To increase by not more than 25% the maximum distance that required
parking spaces are permitted to be located from the use served;
(6)
To increase by not more than 20% of the gross area of any sign;
(7)
To exceed any of the authorized variations allowed under this
section, when a lot of record or a zoning lot, vacant or legally used
on the effective date of this chapter, is, by reason of the exercise
of the right of eminent domain by any authorized governmental body
or by reason of a nonconveyance under threat of an eminent domain
proceeding, reduced in size so that the remainder of said lot of record
or zoning lot or structure of said lot does not conform with one or
more of the regulations of the district in which said lot of record
or zoning lot or structure is located.
A.
General. Appeals from interpretations rendered by the Zoning Administrator
may be taken to the Zoning Board of Appeals.
B.
Standards for use interpretations. The following standards shall
govern both the Zoning Administrator and the Zoning Board of Appeals
on appeals from the Zoning Administrator in issuing use interpretations:
(1)
No use interpretation shall be given with respect to the residential
zoning districts.
(3)
No use interpretation shall permit a use which is specifically
listed as either a "permitted use" or a "special use" in any other
district to be established in a district in which such use is not
so listed.
(4)
No use interpretation shall permit any use in any district unless
evidence shall be presented that demonstrates that it will comply
with each use limitation established for that particular district.
(5)
No use interpretation shall permit any use in a particular district
unless such use is substantially similar to other uses permitted in
such district and is more similar to such other uses than to uses
permitted or specially permitted in a more restrictive district.
(6)
If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned upon the issuance of a special use permit for such use pursuant to Articles X and XXIV of this chapter.
(7)
No use interpretation shall permit the establishment of any
use that would be inconsistent with the district intent statement
of the district in question.
(8)
Subject to the foregoing conditions and limitations, as set
forth in this section, in rendering use interpretations, the Zoning
Administrator and Zoning Board of Appeals shall be guided by the SIC
use classification system and methodology described herein.
C.
Effect of favorable use interpretations. No use interpretation finding
a particular use to be permitted or specially permitted in a particular
district shall authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building
or structure, but shall merely authorize the preparation, filing,
and processing of applications for any permits and approvals that
may be required by the codes and ordinances of the Town of Barton,
including but not limited to zoning permits, special use permits,
building permits, or any other required permits.
D.
Limitations on favorable use interpretations. Limitations on favorable
use interpretations are as follows:
(1)
Subject to an extension of time granted by the Plan Commission,
no use interpretation finding a particular use to be permitted or
specially permitted in a particular district shall be valid for a
period longer than six months from the date of issue unless a building
permit is issued and construction is actually begun within the six-month
period of time and is thereafter diligently pursued to completion,
or a zoning permit or special use permit is obtained and a use commenced
within that period.
(2)
A use interpretation finding a particular use to be permitted
or specially permitted in a particular district shall be deemed to
authorize only the particular use for which it was issued, and such
permit shall not be deemed to authorize any allegedly similar use
for which a separate use interpretation has not been issued. Such
permit shall automatically expire and cease to be of any force or
effect if the particular use for which it was issued shall, for any
reason, be discontinued for a period of 12 consecutive months or more.
A.
General. The Zoning Board of Appeals shall fix a reasonable time
and place for the hearing, give public notice thereof at least 10
days prior, and shall give due notice to the parties of interest,
the Zoning Administrator or Building Inspector, and the Plan Commission.
At the hearing, the appellant or applicant may appear in person, by
agent, or by attorney.
B.
Conduct of public hearing. The Chair of the Zoning Board of Appeals
shall place all witnesses under oath. The Zoning Board of Appeals
shall hear all relevant evidence presented for and against the application.
The Chair of the Zoning Board of Appeals may rule on exceptions to
evidence and permit examination of witnesses.
No variance to the provisions of this chapter shall be granted
by the Zoning Board of Appeals unless it finds beyond a reasonable
doubt that all the following facts and conditions exist and so indicates
in the minutes of its proceedings:
A.
Preservation of intent. No variance shall be granted that is not
consistent with the purpose and intent of the regulations for the
district in which the development is located. No variance shall have
the effect of permitting a use in any district that is not a stated
permitted use, accessory use, or special use in that particular district.
B.
Exceptional circumstances. There must be 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 the granting of the variance
would not be of so general or recurrent a nature as to suggest that
this chapter should be changed.
C.
Economic hardship and self-imposed hardship not grounds for variance.
No variance shall be granted solely on the basis of economic gain
or loss. Self- imposed hardships shall not be considered as grounds
for the granting of the variance.
D.
Preservation of property rights. The variance must be necessary for
the preservation and enjoyment of substantial property rights possessed
by other properties in the same district and same vicinity.
E.
Absence of detriment. No variance shall be granted that will create
substantial detriment to adjacent property and will materially impair
or be contrary to the purpose and spirit of this chapter or the public
interest.
A.
Appeals and variances (except minor variances). The Zoning Board
of Appeals shall decide all appeals and applications within 30 days
after the final hearing and shall transmit a signed copy of the Zoning
Board of Appeals decision to the appellant or applicant, Zoning Administrator,
Building Inspector, and Plan Commission. The concurring vote of four
members of the Zoning Board of Appeals shall be necessary to reverse
any order, requirement, decision or determination of the Zoning Administrator
or to decide in favor of the applicant on any matter upon which the
Zoning Board of Appeals is required to pass or to effect any variation
to the provisions of this chapter.
(1)
Conditions. Conditions may be placed upon any zoning permit
ordered or authorized by the Zoning Board of Appeals.
(2)
Expiration of variances, substitutions, and permits. Variances,
substitutions, or use permits granted by the Zoning Board of Appeals
shall expire within six months unless substantial work has commenced
pursuant to such grant.
B.
Minor variances. The Zoning Board of Appeals shall decide all minor
variances within 30 days after the final hearing. The concurring vote
of four members of the Zoning Board of Appeals shall be necessary
to grant a minor variance. The Zoning Board of Appeals shall transmit
a signed copy of the Zoning Board of Appeals decision to the appellant
or applicant and Zoning Administrator and file a copy of same with
the office of the Building Inspector for maintenance as a permanent
record.
(1)
Conditions. Conditions may be placed upon any grant of minor
variance ordered or authorized by the Zoning Board of Appeals.
(2)
Expiration of minor variance. Any minor variance granted by
the Zoning Board of Appeals shall expire within six months unless
substantial work has commenced pursuant to such grant.
(3)
Structural repairs or alterations. Any grant of a minor variance
by the Zoning Board of Appeals shall state that the total structural
repairs or alterations to the subject structure shall not, from the
date of the decision and during the structure's life, exceed 25% of
the value of the structure, and that no additions shall be made to
the structure.
Any person or persons aggrieved by any decision of the Zoning
Board of Appeals may present to the court of record a petition duly
verified setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the office
of the Zoning Administrator.
