A.
No building shall be constructed, erected, reconstructed, structurally
altered, enlarged or moved unless and until a permit therefor shall
first have been applied for and secured from the Building Inspector.
Every such application shall be filed in duplicate and shall be accompanied
by a drawing or plat, in duplicate, drawn to scale, showing the lot
and building site, the location of the building on the lot, accurate
dimensions of the building, of the yards and of the lot, and such
other information as may be necessary to the enforcement of this chapter.
B.
Each building permit applied for shall be granted or denied within
a ten-day period from the date of application. Reason for denial of
a building permit shall be forwarded, in writing, by the Town Building
Inspector to the applicant.
C.
All building permits will expire 12 months after the date of issuance
if construction has not commenced.
A.
Certificates of occupancy shall be required for any of the following:
(1)
Occupancy and use of a building hereinafter erected or structurally
altered.
(2)
Change in use of an existing building to a use of a different
classification.
(3)
Occupancy and use of vacant land, except for agricultural uses.
(4)
Change in the use of land to a use of a different classification,
except to an agricultural use.
(5)
Any change in the use of a nonconforming use.
B.
No such occupancy, use or change of use shall take place until a
certificate of occupancy therefor shall have been issued by the Building
Inspector.
C.
Written application for a certificate of occupancy for a new building,
or an existing building which has been altered, shall be made at the
same time as the application for the building permit for such building.
If the proposed use is in conformity with the provisions of this chapter,
said certificate shall be issued within three days after a written
request for the same has been made to said Building Inspector after
the erection or alteration of such building or part thereof has been
completed in conformity with the provisions of this chapter.
D.
Written application for a certificate of occupancy for the use of
vacant land or for a change in the use of land or of a building, or
for a change in a nonconforming use, as herein provided, shall be
made to said Building Inspector. If the proposed use is in conformity
with the provisions of this chapter, the certificate of occupancy
therefor shall be issued within three days after the application for
the same has been made.
E.
Every certificate of occupancy shall state that the building or the
proposed use of a building or land complies with all provisions of
law and of all Town ordinances. A record of all certificates of occupancy
shall be kept on file in the office of the Building Inspector, and
copies shall be furnished, on request, to any person having proprietary
or tenancy interest in the building or land affected.
F.
No permit for excavation of any building shall be issued before application
has been made for a certificate of occupancy.
A.
Upon application for a building permit, the contractor or property
owner shall provide a deposit of $1,000 to be placed in an escrow,
to be used in the event that the contractor, property owner or any
subcontractor damages (in any way) Town roads or right-of-ways or
any other Town property as a result of construction equipment or any
other type of equipment used on or near the property for which the
building permit was issued. The intent of this regulation is to prevent
any damage to public property as a result of construction and to maintain
contractor and/or property owner accountability.
B.
The deposit of $1,000 shall be used at the Town's discretion to pay
for any damages caused by the contractor, subcontractors, or the property
owner. The deposit of $1,000 may be waived at the Town's discretion
where the building project does not require heavy equipment.
C.
The deposit shall be promptly returned within 30 days of issuance
of an occupancy permit if no damage has occurred or the Town shall
provide an itemized list of damages and the resulting cost of repair.
Any remaining balance after damages are paid shall be sent to the
contractor or property owner.
D.
During certain times of the year (freeze/thaw periods in fall and
spring) the Town at its sole discretion may require that concrete
haulers load no more than five yards of concrete per truck.
E.
Any other construction vehicles shall not be allowed to park on any
Town roads except for the specific purpose of loading or unloading
equipment. Vehicles used to carry construction equipment may park
on Town roads only when unloaded and while construction equipment
is in use at the construction site.
A.
The Zoning Board of Appeals is hereby established. It shall consist
of five members and two alternate members appointed by the Town Board
and to serve as provided in § 62.23(7)(e), Wis. Stats. At
least one of the five regular members shall be appointed from the
members of the Town Planning and Zoning Board. All terms of office
shall be three years, except that of the five regular members first
appointed, one shall serve for one year, two for two years and two
for three years. The members of the Board shall serve without compensation
and shall be removable by the Town Board for cause upon written notification.
The Town Board shall designate one of the members as Chairperson.
The Board may elect a Vice Chairperson and shall designate a Secretary
and an office in which its records shall be kept.[1]
B.
Meetings of the Board shall be held at the call of the Chairperson
and at such other times as the Board may determine. Such Chairperson,
or in his/her absence the Vice Chairperson, may administer oaths and
compel the attendance of witnesses. All meetings of the Board shall
be open to the public. 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 keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the Board and shall be a public record.
C.
Appeals to the Zoning Board of Appeals may be taken by any person
aggrieved or by any officer, department, board or bureau of the Town
of Lawrence affected by any decision of the Town Planning and Zoning
Board or the Town Building Inspector.
D.
Such an appeal shall be made within 30 days after the decision or
the action complained of by filing with the Town Zoning Administrator
a notice of appeal specifying the grounds thereof. If the appeal is
because of a grievance due to a decision by the Town Planning and
Zoning Board, the Chairperson of the Planning and Zoning Board shall
also receive a copy of the appeal.
E.
The Building Inspector or Town Planning and Zoning Board shall forthwith
transmit to the Zoning Board of Appeals all the papers constituting
the record upon which the action appealed from was taken. The Zoning
Board of Appeals shall fix a reasonable time for the hearing of appeals.
F.
At least 15 days' notice of the time and place of said hearing shall
be given by posting of a notice to that effect in three public places
in the Town of Lawrence, which notice shall, in addition to specifying
the time and place, state the grounds for appeal as stated in the
notice of appeal.
G.
Due notice of the hearing shall be given to parties in interest,
as well as owners of property located within 500 feet of the property
in appeal. The Board shall reach a decision within 30 days from the
filing of the appeal.
H.
The Zoning Board of Appeals shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error
in any order, requirements, decision or determination made by the
Building Inspector.
(2)
Hear and pass upon the application for variance from the terms
provided in this chapter in the manner prescribed by and subject to
the standards established herein.
I.
Except as specifically provided, no action of the Zoning Board of
Appeals shall have the effect of permitting in any district uses prohibited
in such district. In every case where a variance from these regulations
has been granted by the Zoning Board of Appeals, the minutes of the
Board shall affirmatively show in what particular and specific respects
an unnecessary hardship or practical difficulty would have been created
by the literal enforcement of the terms of this chapter.
J.
The Zoning Board of Appeals may reverse or affirm wholly or in part
of may modify any order, requirement, decision or determination appealed
from and shall make such order, requirement, decision or determination
as, in its opinion, ought to be made in the premises and to that end
shall have all the powers of the Building Inspector. A majority vote
of the members present, provided that a quorum is present, shall be
necessary to reverse any order, requirement, decision or determination
appealed from or to decide in favor of the applicant on any matter
on which it is required to pass or to effect any variation in the
requirements of this chapter.[2]
K.
In addition to the foregoing, the Zoning Board of Appeals shall have
the following specific powers:
(1)
To grant a permit for the extension of a district boundary for
a distance of not more than 35 feet only where the boundary of a district
divides a lot in a single ownership at the time of the adoption of
this chapter.
(2)
To interpret the provisions of this chapter in such a way as
to carry out the intent and purpose of the plan as shown on the district
map accompanying and made a part of this chapter, where the street
layout actually on the ground varies from the street layout on the
aforesaid map.
(3)
To call on any other Town official for assistance in the performance
of its duties, and it shall be the duty of such other official to
render such assistance as may be reasonably required.
A.
The Zoning Board of Appeals shall have the power to vary or modify the strict application of any of the regulations or provisions of this chapter in cases where there are practical difficulties or unnecessary hardships in the way of such strict application; provided, however, that said Zoning Board of Appeals shall not have the power to approve the establishment of a nonconforming use which is less restricted according to the district regulations of Article V than any legally established use already existing on the premises specified in the variance application, or on any parcel which adjoins said premises along any of its street lines.[1]
B.
Written application for a variance shall accompany the application
for a building permit or, if no building permit is required in connection
with the establishment of the use for which the variance is sought,
then for a certificate of occupancy to use the land or building as
set forth in said application. Said application shall be transmitted
forth with to the Board.
C.
Application. An application for a variance shall be filed with the
Town Board. 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 in interest, as well as owners of property
located within 500 feet of the property in the variance application.
The Board shall reach a decision within 30 days from the filing of
the variance application. Notice of the time and place of such public
hearing shall be published as provided in the state law on planning
and zoning and applicable to the Town of Lawrence.[2]
D.
Standards of variances. The Zoning Board of Appeals shall not vary the regulations as set forth in Subsection A above unless it shall make findings based upon the evidence presented to it. The applicant shall present a statement and adequate evidence, in such form as the Board may require, showing that, and the Board shall not grant a variance unless it finds that:
(1)
There are special circumstances or conditions applying to the
land, building or use referred to in the application.
(2)
The granting of the application is necessary for the preservation
and enjoyment of substantial property rights.
(3)
The granting of the application will not materially affect adversely
the health or safety of persons residing or working in the neighborhood
of the proposed use and will not be materially detrimental to the
public welfare or injurious to property or improvements in said neighborhood.
E.
In granting any variance under the provisions of this section, the
Board shall designate such conditions in connection therewith as will,
in its opinion, secure substantially the objectives of the regulations
of provisions in the application of which the variance is granted,
as to light, air, character of the neighborhood, conformity with the
Comprehensive Plan, and, generally, the public health, safety, comfort,
convenience and general welfare.[3]
Upon appeal from a decision of the Building Inspector, the Zoning
Board of Appeals shall have the power to decide any question involving
the interpretation of any provision of this chapter, including determination
of the location of any district boundary if there is uncertainty with
respect thereto.
Permits for the occupancy of land or construction, reconstruction
or occupancy of buildings, approved by the Zoning Board of Appeals,
shall be void after six months from the date of such approval unless,
in cases of new construction, work shall have been done above the
foundation walls, and in cases of occupancy of land or reconstruction
or occupancy of buildings, the operations called for by such permit
shall be well underway at the end of such six-month period.
The Town Planning and Zoning Board shall be the authorized planning
agency and shall perform the duties of the Town plan commission as
set forth in § 62.23, Wis. Stats.
A.
Jurisdiction. The Lawrence Planning and Zoning Board 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
conclusion and recommendations to the Lawrence Town Board.
(3)
Hear and recommend matters upon which it is required to pass
under this chapter.
B.
Meetings.
(1)
All meetings of the Town Planning and Zoning Board shall be
held at the call of the Chairperson of the Board or Town Board and
at such times as the Planning and Zoning Board may determine.
(2)
The Planning and Zoning 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.
C.
Decisions. All recommendations/actions of the Town Planning and Zoning
Board shall require the vote of a majority of the members of the Board.
D.
Membership.
(1)
The Town Planning and Zoning Board shall consist of seven members
appointed by the Lawrence Town Chairperson and subject to confirmation
by the Lawrence Town Board.
(2)
Town Planning and Zoning Board members shall consist of not
more than one member of the Zoning Board of Appeals and not more than
two members of the Lawrence Town Board. The remaining Planning and
Zoning Board members shall be additional citizens of the Town of Lawrence.
(3)
The term shall be for three years, except that of those first
appointed, two shall serve for one year, two for two years, and three
for three years.
(4)
The Town Planning and Zoning Board members shall be removable
by the Town Board of Lawrence upon written notification.
(5)
Vacancies shall be filled for the unexpired terms of members.
The Town Chairperson shall appoint personnel to fill the vacancies,
subject to approval by the Town Board of Lawrence.
A.
Authority. The Lawrence Town Board may, from time to time, in the manner hereafter set forth, amend the regulations imposed in the districts and 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 a governmental body, interested
person or organization.
C.
Application. An application for an amendment shall be filed with
the Town Board and Town Planning and Zoning Board in such form and
accompanied by such information as required by the Town Planning and
Zoning Board. Said application shall be reviewed and a written recommendation
submitted thereon to the Town Board.
D.
Hearing notices. The Town Board shall hold a public hearing on each
application for an amendment. The time, place and purpose of the hearing
shall be submitted as provided in the state law on planning and zoning
and applicable to the Town of Lawrence. Due notice of the hearing
shall be given to parties in interest, as well as owners of property
located within 500 feet of the property in the application. The Board
shall reach a decision within 60 days from the filing of the application.[1]
E.
Findings and recommendations.
(1)
The Town Planning and Zoning Board shall make written findings
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 and Zoning Board 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 for 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 in
its present zoning classification.
(3)
The Town Planning and Zoning Board 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.
A.
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 and Zoning Board on the proposed amendment, unless
the Town Board authors the amendment.
B.
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 change or
amendment 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]
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 Lawrence Town Planning and Zoning Board on a form so prescribed
by the Town of Lawrence. The application shall be accompanied by such
plans and/or data prescribed by the Town Planning and Zoning Board
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 district. Such application
shall be reviewed by the Town Planning and Zoning Board 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 at least one public hearing on the proposed conditional use. Due notice of the hearing shall be given to parties in interest, as well as owners of property located within 500 feet of the property in the application.[2]
E.
Authorization. For each application for a conditional use, the Town
Planning and Zoning Board 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. The
Board shall reach a decision within 60 days from the filing of the
application.[3]
F.
Conditions and guarantees. Before issuing a conditional use permit,
the Town Planning and Zoning Board may recommend and the Town Board
shall stipulate such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the conditional
use as are deemed necessary for the protection of the public interest.
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.
G.
Violation and revocation. Upon the determination by the Building
Inspector that the conditions or stipulations of an approved conditional
use permit have not been complied with, the Building Inspector shall
provide written notice to the party granted the conditional use permit
noting the actions necessary to correct or comply with the conditional
use permit. The notice shall specify that failure to comply with the
required conditions or stipulations within 10 days will invalidate
the conditional use permit.
[Amended 1-28-2013]
A.
All departments, officials and public employees of the Town who or
which are vested with the duty or authority to issue permits or licenses
shall conform to the provisions of this chapter and shall issue no
such permit or license for any use, building or purpose if the same
would be in conflict with the provisions of this chapter. Any such
permit for license, if issued in conflict with the provisions of this
chapter, shall be null and void.
B.
C.
Any building or structure erected, constructed, altered, enlarged,
converted, moved or maintained contrary to the provisions of this
chapter, and any use of any land or building which is conducted, operated
or maintained contrary to any of the provisions of this chapter, shall
be and the same is hereby declared to be unlawful, and the Town Attorney
shall immediately, upon any such violation having been called to his
attention, institute injunction, mandamus, abatement or any other
appropriate action to prevent, enjoin, abate or remove such erection,
construction, reconstruction, alteration, conversion, maintenance
or use. Such action may also be instituted by any property owner who
may be especially damaged by any violation of this chapter.
All other ordinances and parts of ordinances in conflict with
this chapter, to the extent of such conflict and no further, are hereby
repealed; provided, however, that nothing herein contained shall be
deemed to repeal or amend any ordinance requiring a permit or license
to cover any business.
