This article shall set forth the requirements to adequately
provide and develop the proper administration and enforcement of this
chapter.
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:
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]
(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]
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.
(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.
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, the Town Engineer, and five citizens. Appointments
will be made in April. Members one, three and five 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.
[Amended 9-8-2020]
(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]
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]
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]
(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]
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]
(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]
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]
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]
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]
