Town of Pittsfield, WI
Brown County
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Table of Contents
Table of Contents
This article shall set forth the requirements to adequately provide and develop the proper administration and enforcement of this chapter.
A. 
This article shall provide for the position of Zoning Administrator, Zoning Board of Appeals, and Town Planning Commission.
B. 
This article shall provide the authority and necessary requirements for the issuance of building permits and occupancy permits, variances, appeals, amendments, conditional uses, fees, and penalties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The position of Zoning Administrator as hereby established shall be filled by an appointment by the Town Board of Pittsfield. The Town of Pittsfield Zoning Administrator shall have the following powers and duties:
(1) 
Enforce the provisions of the Town ordinances.
(2) 
Issue all land use permits in compliance with the provisions of this chapter.
B. 
Land use permit.
(1) 
No structure of any kind, including buildings, shall be erected, moved or structurally altered until said permit has been issued.
(2) 
Each application for a land use permit shall be accompanied by a plat in accordance with requirements specified.
(a) 
A plat, in duplicate, of the piece or parcel of land, lot, lots, block, or blocks, or parts or portions thereof, drawn at a minimum scale of one inch to 100 feet, showing the actual dimension, as certified by a professional land surveyor or a registered professional engineer, of the piece or parcel, lot, lots, block, or blocks, or portions thereof, according to the registered or recorded plat of such land.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
A plat, in duplicate, drawn at a minimum scale of one inch to 100 feet, showing the ground area, height, and bulk of building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, and such other information as may be required by the Zoning Administrator and for the proper enforcement of this chapter.
C. 
The Zoning Administrator shall:
(1) 
Issue all rezoning certificates and make and maintain records thereof.
(2) 
Provide and maintain a public information bureau relative to all matters arising out of the Town ordinances.
(3) 
Forward to the Town of Pittsfield Planning Commission all applications for conditional uses and for amendments to this chapter that are initially filed with the office of the Zoning Administrator.
(4) 
Forward to the appropriate board applications for appeals, variances, or other matters on which the board is required to act under this chapter.
(5) 
Maintain permanent and current records of the Town ordinances, including but not limited to all maps, amendments, conditional uses, variances, appeals, and applications therefor.
(6) 
Initiate, direct, and review from time to time a study of the provisions of this chapter and make reports of his recommendations to the Town Planning Commission and Town Board.
(7) 
Advise the Town Board and Town Planning Commission at their monthly meetings and present a report at the Annual Town Meeting summarizing all permits and construction within the Town.
(8) 
Issue culvert, driveway, pond and sign permits, including preconstruction and post-installation review and inspections for compliance with Town ordinances, and collect construction deposits for actions not associated with a building permit.
(9) 
Create and maintain a file of roadway condition photos of "before" and "after," when necessary, for the construction deposit permit and make recommendations for repairs to the contractor and Town Board, if needed.
(10) 
Issue weight limit road permits during weight-restricted time periods.
(11) 
Perform miscellaneous duties as assigned by the Town Board.
The Zoning Board of Appeals is hereby established as authorized under the provisions of the § 62.23, Wis. Stats.
A. 
Jurisdiction. The Zoning Board of Appeals is herby entrusted with the jurisdiction and authority to:
(1) 
Hear and decide appeals from any order, requirement, decision, or determination made under the provisions of this chapter.
(2) 
Hear and pass upon the application for variances from the terms provided in this chapter in the manner prescribed by and subject to the standards established herein.
(3) 
Hear and decide all matters referred to it or upon which it is required to pass under this chapter, as prescribed by § 62.23, Wis. Stats.
B. 
Meetings and rules.
(1) 
All meetings of the Zoning Board of Appeals shall be held at the call of the Chair of the Board and at such times as the Zoning Board of Appeals may determine.
(2) 
All hearings conducted shall be open to the public. Any person may appear and testify at a hearing either in person or by a duly authorized agent or attorney.
(3) 
Notice of the time and place of such public hearing shall be published as provided by the state law on planning and zoning and applicable to the Town of Pittsfield.
(4) 
The Chair or, in his/her absence, the Acting Chair may administer oaths and compel the attendance of witnesses.
(5) 
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions.
(6) 
All official proceedings regarding the action of the Zoning Board of Appeals shall be a matter of public record and placed on file with the Zoning Board of Appeals.
(7) 
The Board shall adopt its own rules and procedures, not in conflict with this chapter or with the applicable Wisconsin Statutes, and select or appoint such officers as it deems necessary.
C. 
Decisions. All decisions and findings of the Zoning Board of Appeals on appeals or upon application for a variance shall be by a majority vote of the members present, provided that a quorum is present and after said hearing shall in all instances be final administrative decisions and shall be subject to judicial review as by law may be provided.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Board membership.
(1) 
The Zoning Board of Appeals shall consist of five members appointed by the Pittsfield Town Chair and subject to confirmation by the Pittsfield Town Board.
(2) 
The term shall be for three years. Appointments will be made in April. All members shall reside within the Town.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The members shall be removable by the Town Board for cause upon written charges.
(4) 
Vacancies shall be filled for the unexpired term of members. The Town Chair shall appoint personnel to fill the vacancies, subject to approval by the Town Board of Pittsfield.
(5) 
Two alternate members to the Zoning Board of Appeals shall be appointed by the Town Chair and serve as provided in § 62.23(7)(e) Wis. Stats.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Town Planning Commission shall be the authorizing planning agency and shall perform the duties of the Town Planning Commission as set forth in § 62.23, Wis. Stats.
A. 
Jurisdiction. The Pittsfield Town Planning Commission shall carry out the following duties under this chapter:
(1) 
Review all applications for conditional uses and amendments to this chapter and report said findings and recommendations to the Town Board in the manner designated by this chapter for amendments and conditional uses.
(2) 
Receive from the Zoning Administrator his/her recommendations as related to the effectiveness of this chapter and report his/her conclusions and recommendations to the Pittsfield Town Board.
(3) 
Hear and decide matters upon which it is required to pass under this chapter.
B. 
Meetings.
(1) 
All meetings of the Town Planning Commission shall be held at the call of the Chair of the Commission at such times as the Commission may determine.
(2) 
The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions.
C. 
Decisions. All actions of the Town Planning Commission shall require the vote of a majority of a quorum of members of the Commission.
D. 
Membership.
(1) 
The Town Planning Commission shall consist of seven members, as provided by § 62.23, Wis. Stats.
(2) 
Commission members shall consist of the Town Chair, who shall be its presiding officer, one Town Board member, the Town Engineer, and four citizens. Appointments will be made in April. Members one and three will be appointed in odd years and members two and four will be appointed in even years. If a Park Commissioner is added, that member will serve in the number four position. The Town Zoning Administrator will also serve on the Commission.
(3) 
The Town Board member shall be elected by a 2/3 vote of the Board upon creation of the Commission and during each April thereafter.
(4) 
Three citizen members shall be appointed by the Town Chair, upon the creation of the Commission, to hold office for periods ending one, two, and three years, respectively, from the succeeding May 1. Thereafter, annually during April, one member of the Commission shall be appointed for a term of three years.
(5) 
The additional citizen members, if any, shall be appointed to hold office for a period ending one year from the succeeding May 1, and thereafter annually during the month of April. Whenever a park board is created, or a Town Engineer appointed, the president of such board or such engineer (full time) shall succeed to a place on the Commission when the term of an additional citizen member expires.
(6) 
The Town Planning Commission members shall be removable by the Town Board of Pittsfield for cause upon written charges.
(7) 
Vacancies shall be filled for the unexpired terms of members. The Town Chair shall appoint personnel to fill the vacancies, subject to approval by the Town Board of Pittsfield.
No building, or addition thereto, $5,000 and/or 50 square feet or more in size, constructed after the effective date of this chapter, and no addition of $5,000 and/or 50 square feet or more in size to a previously existing building shall be occupied, and no land, vacant on the effective date of this chapter, shall be used for any purpose until a building permit has been issued by the Town Zoning Administrator. No change in a use shall be made until a building permit has been issued by the Town Zoning Administrator. Every building permit shall state that the use complies with the provisions of this chapter.
A. 
No occupancy permit for a building, or a portion thereof, constructed after the effective date of this chapter shall be issued until construction has been completed and the premises inspected and certified by the Building Inspector to be in conformity with the plans and specifications upon which the building permit was based.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The occupancy permit shall be issued or written notice shall be given to the applicant stating the reason why a certificate cannot be issued not later than seven days after the Building Inspector is notified, in writing, that the premises or building is ready for occupancy.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
All occupancy permits shall be issued by the Town of Pittsfield Building Inspector.
D. 
There shall be no open houses until the occupancy permit is issued.
A. 
Application. An application for a variance shall be filed with the Town Clerk. The application shall contain such information as the Zoning Board of Appeals by rule may require. Due notice of the hearing shall be given to parties of interest, as well as owners of property located within 100 feet of the property in the appeal. The Board shall reach a decision within 60 days from the filing of the request for variance. Notice of the time and place of such public hearing shall by published as provided in the state law on planning and zoning and applicable to the Town of Pittsfield.
B. 
Standards for variances. Variances may be granted by the Zoning Board of Appeals only when:
(1) 
Because of the particular physical surroundings, shape, or topographical condition of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(2) 
Conditions upon which a petition for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property within the same zoning classification.
(3) 
Alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.
(4) 
Granting of the variance shall not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(5) 
Proposed variance shall not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger public health and safety, or substantially diminish or impair property values within the neighborhood.
C. 
Authorized variances. Variance shall be granted by the Zoning Board of Appeals in accordance with the standards established in Subsection B and may be granted in the following instances:
(1) 
To permit any yard or setback less than the full yard setback requirements by the applicable regulations.
(2) 
To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width. The respective area and width of the lot or lots shall be at least 80% of the required area and width.
(3) 
To permit the same off-street parking facility qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hour of the same days of the week.
(4) 
Reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the required facilities, whichever number is greater.
(5) 
Increase by not more than 20% the maximum gross floor area of any use so limited by the applicable regulations.
D. 
Validity. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the land use permit is obtained and the erection or alteration of a building is started.
A. 
Scope of appeals.
(1) 
An appeal may be taken to the Zoning Board of Appeals by any person, firm, or corporation, or by any office, department, board, or bureau aggrieved by a decision of the Town Planning Commission or Zoning Administrator.
(2) 
Such an appeal shall be made within 30 days after the decision or the action complained of by filing with the Town Clerk or Zoning Administrator a notice of appeal specifying the grounds thereof.
(3) 
The Town Planning Commission shall forthwith transmit to the Zoning Board of Appeals all of the paper constituting a record upon which the action appealed from was taken.
B. 
Finding on appeals.
(1) 
An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Planning Commission or Zoning Administrator certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate a stay would, in its or his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Planning Commission or Zoning Administrator, and on due cause shown.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Zoning Board of Appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties by one publication in the official newspaper and also by mailing notice thereof to the parties in interest, said publications and mailings to be made at least 10 days prior to the date of hearing.
(3) 
The Zoning Board of Appeals shall thereafter reach its decision within 60 days from the filing of the appeal.
(4) 
The Zoning Board of Appeals may affirm or may reverse, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Authority. The Pittsfield Town Board may, from time to time, in the manner hereafter set forth, amend the regulations imposed in the districts or amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for the intent and purpose of said changes as per Article II of this chapter.
B. 
Initiation. Amendments may be proposed by any governmental body, interested person, or organization.
C. 
Application.
(1) 
An application for an amendment shall be filed with the Town Clerk in such form and accompanied by such information as required by the Town Planning Commission. Said application shall be reviewed by the Planning Commission, and a written recommendation submitted thereon to the Town Board.
(2) 
The Town Board shall hold a public hearing on each application for an amendment. Time, place and purpose of the hearing shall be published at least twice in the official newspaper not less than 10 days before the scheduled date of such hearing.
D. 
Findings and recommendations.
(1) 
The Town Planning Commission shall make written finding of fact and shall submit the same together with its recommendations to the Town Board prior to the public hearing.
(2) 
Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Town Planning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(a) 
Existing uses or property within the general area of the property in question.
(b) 
Zoning classification of property within the general area of the property in question.
(c) 
Suitability of the property in question to the uses permitted under the existing zoning classification.
(d) 
Trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place on its present zoning classification.
(3) 
The Planning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that request by the applicant.
(4) 
The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant.
E. 
Action by Town Board.
(1) 
The Town Board shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Town Planning Commission on the proposed amendment.
(2) 
The Town Board may grant or deny any application for an amendment; provided, however, that in the event of a written protest against any proposed amendment to this chapter, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent, extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the members of the Town Board voting on the proposed change.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
If an application for a proposed amendment is not acted upon finally by the Town Board within 90 days of the date upon which such application is received by the Town Board, it shall be deemed to have been denied.
A. 
Purpose. To review requested land uses within zoning districts to ease conflicts on neighboring lands and public need. Conditional uses shall be of two types:[1]
(1) 
Uses publicly operated or traditionally affected with a public interest.
(2) 
Private uses in character, of an unusual nature such that their operation may give rise to unique problems with respect to their impact upon neighboring property as public facilities.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Initiation. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which the land is located.
C. 
Application. The application for a conditional use shall be filed with the Pittsfield Town Planning Commission on a form so prescribed by the Town Planning Commission. The application shall be accompanied by such plans and/or data prescribed by the Town Planning Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zone districts. Such application shall be reviewed by the Town Planning Commission, and a written recommendation submitted thereon to the Town Board.
D. 
Hearing on application. Upon receipt in proper form of the written recommendation referred to in Subsection C, the Town Board shall hold a public hearing on the proposed conditional use. Due notice of the hearing shall be given to parties of interest, as well as owners of property located within 100 feet of the property in the application. The Board shall reach a decision within 90 days from the filing of the conditional use request.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Authorization. For each application for a conditional use, the Town Planning Commission shall report to the Town Board its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed conditional use is not acted upon within 90 days of the date upon which such application is received by the Pittsfield Town Board, it shall be deemed to have been denied.
F. 
Standards. No conditional use shall be recommended by the Town Planning Commission unless said Commission shall find that the conditions comply with Article II of this chapter. The Town Board shall have the authority to revoke any conditional use permit upon the recommendation of the Town Planning Commission.
G. 
Conditions and guarantees. Before issuing a conditional use permit, the Town Planning Commission may recommend and the Town Board shall stipulate such conditions and restriction upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Subsection F above. In all cases in which conditional uses are granted, the Town Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
H. 
Annual compliance review. The Town Planning Commission, with help from the Zoning Administrator, shall conduct an annual review of all outstanding conditional use permits. To aid in this review, the Town Clerk shall keep a binder with copies of all current conditional use permits. This review shall seek to assure applicability of all outstanding conditional use permits. This shall include assuring compliance with all stipulations of additional conditions and guarantees applied to any permit. Permit holders found to be out of compliance shall be reported to the Town Board. Noncompliant permit holders shall be issued a letter of noncompliance and an order to cease said violation activity from the Zoning Administrator. Failure to come into compliance shall be a violation of this chapter, subject to penalties as outlined in § 275-79. If the compliance violation is within the uses permitted in this chapter, the permit holder may reapply for a new conditional use permit. Reapplication for a new conditional use permit shall not be seen as a temporary grant to continue said noncompliant activity.
Any application for an amendment or conditional use, filed by or on behalf of the owner or owners of the property affected, shall be accompanied by a fee to cover all incurred charges. The fee for variances and appeals shall cover all incurred charges. All fees will be established by the Town Board and shall be paid to the Town Clerk.
A. 
Any building or structure hereinafter erected, moved or structurally altered or any use hereinafter established in violation of the provisions of this chapter by any person, firm, association, corporation (including building contractors) or his/her/its agent shall be deemed an unlawful structure or use.
B. 
The Zoning Administrator shall report all such violations to the Town Attorney, who shall bring action to enjoin the erection, moving or structural alteration of such building or the establishment of such use or to cause such building, structure, or use to be vacated or removed.
C. 
Any person, firm, or corporation or agent, employee, or contractor of such who violates, omits, neglects, or refuses to comply with or who resists enforcement of any provision of this chapter shall upon conviction thereof forfeit no less than $75 nor more than $1,000, together with the cost of prosecution, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment of said forfeiture and costs of prosecution are made. Confinement at the county jail shall not exceed 30 days for an offense. Each violation and each day of violation shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Failure to secure a proper and legal building permit prior to beginning work on a project requiring said permit shall result in a fine of no less than $75 nor more than $1,000. This section shall not preclude the Town of Pittsfield from maintaining any appropriate action to prevent or remove a violation of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).