[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.
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.
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:
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:
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.
