This article of this chapter shall set forth the requirements
to adequately provide and develop the proper administration and enforcement
of this chapter.
This article shall provide for the establishment of the positions
of Zoning Administrator, Zoning Board of Appeals and Town Zoning and
Planning Committee.
The Town of Ledgeview shall appoint a Zoning Administrator.
It will be the primary responsibility of the Zoning Administrator
to administer and enforce this chapter with the assistance of such
other persons as the Town Board may direct. The Zoning Administrator
or designee shall have the following responsibilities and duties,
in addition to those other responsibilities and duties which are assigned
from time to time to the Zoning Administrator or designee by the Town
Board:
A.
Issue all building, zoning use and occupancy permits, exclusive of
conditional use permits and excavation permits, and make and maintain
records thereof.
B.
Conduct inspection of buildings, structures and use of land to determine
compliance with the terms of this chapter.
C.
Disseminate information to those individuals and entities having
questions concerning this chapter.
D.
Forward to the Zoning and Planning Committee or the designated representative
of the Zoning and Planning Committee all applications for conditional
uses and all applications for amendments to this chapter.
E.
Forward to the Zoning Board of Appeals or the designated representative
of the Zoning Board of Appeals all appeals concerning any action taken
by the Zoning Administrator or designee or any other administrative
official in the enforcement of this chapter or any ordinance adopted
pursuant to this chapter and all applications for variances to this
chapter.
F.
Maintain permanent and current records of this chapter, including
but not limited to all maps, amendments, conditional uses, variances,
appeals and applications thereof.
G.
Initiate, direct and review, from time to time, a study of the provisions
of this chapter and make reports of its recommendations to the Town
Zoning and Planning Committee.
H.
If the Zoning Administrator or designee shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation and order the action necessary to correct it. The Zoning Administrator or designee shall be solely responsible for the administrative enforcement of Article XXVI of this chapter.
I.
Comply with all open meeting, public hearing and notice requirements
concerning the enforcement of this chapter.
The Zoning Board of Appeals is hereby established as authorized
under the provisions of § 62.23, Wis. Stats.
A.
Jurisdiction. The Zoning Board of Appeals is hereby entrusted with
the jurisdiction and authority to:
(1)
Hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Zoning
Administrator or any administrative official acting on behalf of the
Zoning Administrator with respect to the enforcement of this chapter
or any ordinance adopted pursuant to this chapter.
(2)
Hear and decide special exceptions to the terms of this chapter
upon which this Zoning Board of Appeals is required to determine under
said chapter.
(3)
Authorize upon appeal in specific cases such variance from the
terms of this chapter as will not be contrary to the public interest,
where owing to special conditions, a literal enforcement of the provisions
of the chapter will result in practical difficulty or unnecessary
hardship so that the spirit of the chapter shall be observed, public
safety and welfare secured and substantial justice done.
(4)
In exercising the above-mentioned powers in Subsection A(1) through (3) hereinabove, such Board may, in conformance with the provisions of this chapter, reverse or affirm, wholly or partly, any order, requirement, decision or determination appealed from, and said Zoning Board of Appeals shall further have the power to make any such order, requirement, decision or determination as ought to have been made by the Zoning Administrator or any official acting on behalf of the Zoning Administrator. The Zoning Board of Appeals may therefore issue or direct the issuance of any permit which the Zoning Administrator or designee could have issued.
B.
Board membership.
(1)
The Zoning Board of Appeals shall consist of five members plus
alternates appointed by the Town Chairperson and subject to confirmation
by the Town Board.
(2)
The term shall be for three years and all members shall reside
in the Town.
(3)
The members shall be removable by the Town Chairperson for cause
upon written charges.
(4)
The Town Chairperson shall designate one of the members Chairperson
of the Zoning Board of Appeals.
(5)
The Town Chairperson shall appoint an alternate member for a
term of three years who shall act with full power only when a member
of Zoning Board of Appeals is absent or refuses to vote because of
conflict of interest.
(6)
Vacancies shall be filled for the unexpired term of members.
The Town Chairperson shall appoint personnel to fill the vacancies,
subject to approval by the Town Board.
C.
Meetings and rules.
(1)
All meetings of the Zoning Board of Appeals shall be held at
the call of the Chairperson 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 Ledgeview.
(4)
The Chairperson or, in his/her absence, the Acting Chairperson
may administer oaths and compel the attendance of witnesses.
(5)
The Zoning Board of Appeals 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 Zoning Board of Appeals and shall be a
public record.
(6)
Statements of the facts found by the Zoning Board of Appeals
shall be included in the minutes of each case heard or considered
by it. The reason for approving or denying a variance or appeal as
provided in the chapter shall also appear in the minutes. In every
instance, a statement of the facts upon which such recommendations
are based shall appear in the minutes.
(7)
The Zoning Board of Appeals shall adopt its own rules and procedures
not in conflict with this chapter or with applicable Wisconsin state
statutes, and select or appoint such officers as it deems necessary.
(8)
The concurring vote of the majority of the members present of
the Zoning Board of Appeals shall be necessary to reverse any order,
requirement, decision or determination appealed from or to decide
in favor of the applicant in any matter on which it is required to
pass or effect any variation in the requirements of this chapter.
If a decision is not rendered by the Zoning Board of Appeals within
60 days from the date the appeal was filed with the Zoning Administrator
or designee, then said appeal shall be deemed denied by the Zoning
Board of Appeals.
(9)
No variance granted by the Board of Appeals shall be valid for
a period longer than six months from the date granted unless construction
or development has commenced or the use has been established within
such period.
A.
Title. This section is entitled the "Town of Ledgeview Zoning and
Planning Commission Ordinance."
B.
Purpose. The purpose of this section is to establish a Town of Ledgeview
Plan Commission and set forth its organization, powers and duties,
to further the health, safety, welfare and wise use of resources for
the benefit of current and future residents of the Town and affected
neighboring jurisdictions, through the adoption and implementation
of comprehensive planning with significant citizen involvement.
C.
Authority; establishment. The Town Board of the Town of Ledgeview
has been authorized to exercise village powers pursuant to §§ 60.10(2)(c)
and 60.22(3), Wis. Stats. The Town Board hereby establishes a seven-member-and-two-alternate
Zoning and Planning Commission pursuant to §§ 60.62(4),
61.35 and 62.23, Wis. Stats. The Zoning and Planning Commission shall
be considered the "Town Planning Agency" under §§ 236.02(13)
and 236.45, Wis. Stats., which authorize, but do not require, Town
adoption of a subdivision or other land division ordinance.
D.
Membership. The Zoning and Planning Commission consists of a maximum
of one member of the Town Board, who may be the Town Board Chairperson,
and a minimum of six citizen members, who are not otherwise Town officials,
and who shall be persons of recognized experience and qualifications,
and a minimum of two citizen or Town official alternates who may serve
in the absence of a Commission member.
E.
Appointments. The Town Board Chairperson shall appoint the members
of the Zoning and Planning Commission and designate a Zoning and Planning
Commission Chairperson during the month of June to fill any expiring
term. The Town Board Chairperson shall select the presiding officer.
(All appointments are subject to the advisory approval of the Town
Board.) In a year in which any Town Board member is elected at the
spring election, any appointment or designation by the Town Board
Chairperson shall be made after the election and qualification of
the Town Board members elected. Any citizen appointed to the Zoning
and Planning Commission shall take and file the oath of office within
five days of notice of appointment, as provided under §§ 19.01
and 60.31, Wis. Stats.
F.
Terms of office. The term of office for the Zoning and Planning Commission
Chairperson and each Commission member shall be for a period of two
years, ending on June 2, or until a successor is appointed and qualified,
except:
(1)
Initial terms. The citizen members and alternates initially
appointed to the Zoning and Planning Commission shall be appointed
for staggered terms.
(2)
Town Board member or Chairperson. A Zoning and Planning Commission
member who is a Town Board member shall serve for a period of two
years, as allowed under § 66.0501(2), Wis. Stats., concurrent
with his or her term on the Town Board, except an initial appointment
made after June 2 shall be for a term that expires two years from
the previous June 2.
G.
Vacancies. A person who is appointed to fill a vacancy on the Plan
Commission shall serve for the remainder of the term.
H.
Compensation; expenses. The Town Board of the Town of Ledgeview hereby
sets a per diem allowance of up to $15 per meeting for citizen members
of the Zoning and Planning Commission, as allowed under § 66.0501(2),
Wis. Stats. In addition, the Town Board may reimburse reasonable costs
and expenses, as allowed under § 60.321, Wis. Stats.
I.
Experts and staff. The Zoning and Planning Commission may, pursuant
to § 62.23(1), Wis. Stats., recommend to the Town Board
the employment of experts and staff and may review and recommend to
the Town Board proposed payments under any contract with an expert.
J.
Rules; records. The Zoning and Planning Commission, under § 62.23(2),
Wis. Stats., may adopt rules for the transaction of its business,
subject to Town ordinances, and shall keep a record of its resolutions,
transactions, findings and determinations, which shall be a public
record under §§ 19.21 to 19.39, Wis. Stats.
K.
Chairperson and officers.
(1)
(2)
Vice Chairperson. The Zoning and Planning Commission shall elect,
by open vote or secret ballot pursuant to § 19.88(1), Wis.
Stats., at its discretion, a Vice Chairperson to act in the place
of the Chairperson when the Chairperson is absent or incapacitated
for any reason.
(3)
Secretary. The Zoning and Planning Commission shall elect, by
open vote or secret ballot pursuant to § 19.88(1), Wis.
Stats., one of its members to serve as Secretary or, with the approval
of the Town Board, designate the Town Clerk/Administrator or other
Town officer or employee as Secretary.
L.
Zoning and Planning Commission members as local public officials.
All members of the Zoning and Planning Commission shall faithfully
discharge their official duties to the best of their abilities, as
provided in the oath of office, § 19.01, Wis. Stats., in
accordance with, but not limited to, the provisions of the Wisconsin
Statutes on:
M.
General and miscellaneous powers and duties. The Zoning and Planning
Commission, under § 62.23(4), Wis. Stats., shall have the
following powers and duties necessary to enable it to perform its
functions and promote Town planning:
(1)
To make reports and recommendations relating to the planning
and development of the Town Board; other public bodies, citizens;
public utilities and organizations.
(2)
To recommend to the Town Board programs for public improvements
and the financing of such improvements.
(3)
To receive from public officials, within a reasonable time,
requested available information required for the Commission to do
its work.
(4)
The authority for its members and employees, in the performance
of their duties, to enter upon land, make examinations and surveys,
and place and maintain necessary monuments and marks thereon. However,
entry shall not be made upon private land without the permission of
the landowner or tenant, except to the extent that the private land
is held open to the general public. If such permission has been refused,
entry shall only be made under the authority of an inspection warrant
issued for cause under § 66.0119, Wis. Stats., or other
court-issued warrant.
N.
Town planning and comprehensive planning: general authority and requirements.
(1)
The Zoning and Planning Commission, under § 62.23(2),
Wis. Stats., shall make, update, and adopt the Town Comprehensive
Plan, with accompanying maps, plats, charts and descriptive and explanatory
matter, which shall include the nine elements specified under the
comprehensive planning law, § 66.1001(2), Wis. Stats. Adoption
shall follow the procedures in § 66.1001(4), Wis. Stats.
(2)
In this section the requirement to "make" the plan means that
the Zoning and Planning Commission shall oversee and coordinate the
preparation of the plan, whether the work is performed for the Town
by the Zoning and Planning Commission, Town staff; another unit of
government, the regional planning commission, a consultant, citizens,
an advisory committee, or any other person, group or organization.
O.
Procedure for Plan Commission adoption and recommendation of Town
Comprehensive Plan or amendment. The Plan Commission shall work with
the Town Board to ensure that the requirements of § 66.1001(4),
Wis. Stats. are met and shall proceed as follows:
(1)
Public participation verification. Prior to beginning work on
a Comprehensive Plan, the Zoning and Planning Commission shall verify
that the Town Board has adopted written procedures designed to foster
public participation in every stage of preparation of the Comprehensive
Plan. These written procedures shall include open discussion, communication
programs, information services, and noticed public meetings. These
written procedures shall further provide for wide distribution of
proposed, alternative or amended elements of a Comprehensive Plan
and shall provide an opportunity for written comments to be submitted
by members of the public to the Town Board and for the Town Board
to respond to such written comments.
(2)
Resolution. The Zoning and Planning Commission, under § 66.1001(4)(b),
Wis. Stats., shall recommend its proposed Comprehensive Plan or amendment
to the Town Board by adopting a resolution by a majority vote of the
entire Zoning and Planning Commission. The vote shall be recorded
in the minutes of the Zoning and Planning Commission. The resolution
shall refer to maps and other descriptive materials that relate to
one or more elements of the Comprehensive Plan. The resolution adopting
a Comprehensive Plan shall further recite that the requirements of
the comprehensive planning law have been met, under § 66.1001,
Wis. Stats., namely that:
(a)
The Town Board adopted written procedures to foster public participation
and that such procedures allowed public participation at each stage
of preparing the Comprehensive Plan;
(b)
The plan contains the nine specified elements and meets the
requirements of those elements;
(c)
The (specified) maps and (specified) other descriptive materials
relate to the plan;
(d)
The plan has been adopted by a majority vote of the entire Plan
Commission, which the Secretary is directed to record in the minutes;
and
(3)
Transmittal. One copy of the Comprehensive Plan or amendment
adopted by the Plan Commission for recommendation to the Town Board
shall be sent to:
(a)
Every governmental body that is located in whole or in part
within the boundaries of the Town, including any school district,
Town sanitary district, public inland lake protection and rehabilitation
district or other special district.
(b)
The clerk of every city, village, town, county and regional
planning commission that is adjacent to the Town.
(c)
The Wisconsin Land Council.
(d)
The Department of Administration.
(e)
The regional planning commission in which the Town is located.
(f)
The public library that serves the area in which the Town is
located.
P.
Plan implementation and administration.
(1)
Ordinance development. If directed by resolution or motion of
the Town Board, the Plan Commission shall prepare the following:
(a)
Zoning. A proposed Town zoning ordinance under village powers, §§ 60.22(3), 61.35 and 62.23(7), Wis. Stats., a Town construction site erosion control and stormwater management zoning ordinance under § 60.627(6), Wis. Stats., a Town-exclusive agricultural zoning ordinance under Subchapter V of Chapter 91, Wis. Stats., and any other zoning ordinance within the Town's authority.
(b)
Official Map. A proposed Official Map ordinance under § 62.23(6),
Wis. Stats.
(c)
Subdivisions. A proposed Town subdivision or other land division
ordinance under § 236.45, Wis. Stats.
(d)
Other. Any other ordinance specified by the Town Board (Note:
e.g., historic preservation, design review, site plan review).
(2)
Ordinance amendment. The Zoning and Planning Commission, on
its own motion, or at the direction of the Town Board by its resolution
or motion, may prepare proposed amendments to the Town's ordinances
relating to comprehensive planning and land use.
(3)
Nonregulatory programs. The Zoning and Planning Commission,
on its own motion, or at the direction of the Town Board by resolution
or motion, may propose nonregulatory programs to implement the Comprehensive
Plan, including programs relating to topics such as education, economic
development and tourism promotion, preservation of natural resources
through the acquisition of land or conservation easements, and capital
improvement planning.
(4)
Program administration. The Zoning and Planning Commission shall,
pursuant to Town ordinances, have the following powers.
(b)
Subdivision review. Proposed plats under Ch. 236, Wis. Stats, and proposed subdivisions or other land divisions under the Town subdivision ordinance under § 236.45, Wis. Stats, and Chapter 96 of the Town ordinances shall be referred to the Zoning and Planning Commission for review and recommendation to the Town Board.
(5)
Consistency. Any ordinance, amendment or program proposed by
the Zoning and Planning Commission, and any Zoning and Planning Commission
approval, recommendation for approval or other action under Town ordinances
or programs that implement the Town's Comprehensive Plan under §§ 62.23
and 66.1001, Wis. Stats, shall be consistent with that plan as of
January 1, 2010. If any such Plan Commission action would not be consistent
with the Comprehensive Plan, the Plan Commission shall use this as
information to consider in updating the Comprehensive Plan.
Q.
Referrals to Plan Commission.
(1)
Required referrals under § 62.23(5), Wis. Stats. The
following shall be referred to the Plan Commission for report:
(a)
The location and architectural design of any public building.
(b)
The location of any statue or other public memorial.
(c)
The location, acceptance, extension, alteration, vacation, abandonment,
change of use, sale, acquisition of public land for or lease of public
land for any of the following reasons:
(d)
The location, extension, abandonment or authorization for any
publicly or privately owned public utility.
(e)
All plats under the Town's jurisdiction under Ch. 236, Wis.
Stats., including divisions under a Town subdivision or other land
division ordinance adopted under § 236.45, Wis. Stats.
(g)
The amendment or repeal of any ordinance adopted under § 62.23,
Wis. Stats., including ordinances relating to the Town Zoning and
Planning Commission; or the Town Comprehensive Plan under § 66.1001,
Wis. Stats.; a Town Official Map; and Town zoning under village powers.
(2)
Required referrals under sections of the Wisconsin Statutes
other than § 62.23(5), Wis. Stats. The following shall be
referred to the Zoning and Planning Commission for report:
(a)
An application for initial licensure of a child welfare agency
or group home under § 48.68(3), Wis. Stats.
(b)
An application for initial licensure of a community-based residential
facility under § 50.03(4), Wis. Stats.
(c)
Proposed designation of a street, road or public way, or any
part thereof, wholly within the jurisdiction of the Town, as a pedestrian
mall under § 66.0905, Wis. Stats.
(d)
Matters relating to the establishment or termination of an architectural
conservancy district under § 66.1007, Wis. Stats.
(e)
Matters relating to the establishment of a reinvestment neighborhood
required to be referred under § 66.1107, Wis. Stats.
(f)
Matters relating to the establishment or termination of a business
improvement district required to be referred under § 66.1109,
Wis. Stats.
(g)
A proposed housing project under § 66.1211(3), Wis.
Stats.
(h)
Matters relating to urban redevelopment and renewal in the Town
required to be referred under Subchapter XIII of Chapter 66, Wis.
Stats.
(i)
The adoption or amendment of a Town subdivision or other land
division ordinance under § 236.45(4), Wis. Stats.
(j)
Any other matter required by the Wisconsin Statutes to be referred
to the Zoning and Planning Commission.
(3)
Required referrals under this section. In addition to referrals
required by the Wisconsin Statutes, the following matters shall be
referred to the Zoning and Planning Commission for report:
(a)
Any proposal, under § 59.69, Wis. Stats., for the
Town to approve general county zoning so that it takes effect in the
Town or to remain under general county zoning.
(b)
Proposed regulations or amendments relating to historic preservation
under § 60.64, Wis. Stats.
(c)
A proposed driveway access ordinance or amendment.
(d)
A proposed Town Official Map ordinance under § 62.23(6),
Wis. Stats., or any other proposed Town ordinance under § 62.23,
Wis. Stats., not specifically required by the Wisconsin Statutes to
be referred to the Commission.
(e)
A proposed Town zoning ordinance or amendment adopted under authority separate from or supplemental to § 62.23, Wis. Stats., including a Town construction site erosion control and stormwater management zoning ordinance under § 60.627(6), Wis Stats., and a Town-exclusive agricultural zoning ordinance under Subchapter V of Chapter 91, Wis. Stats.
(f)
An application for a conditional use permit under the Town zoning
ordinance.
(g)
A proposed site plan.
(h)
A proposed extraterritorial zoning ordinance or a proposed amendment
to an existing ordinance under § 62.23(7a), Wis. Stats.
(i)
A proposed boundary change pursuant to an approved cooperative
plan agreement under § 66.0307, Wis. Stats., or a proposed
boundary agreement under § 66.0225, Wis. Stats., or other
authority.
(j)
A proposed zoning ordinance or amendment pursuant to an agreement
in an approved cooperative plan under § 66.0307(7m), Wis.
Stats.
(k)
Any proposed plan, element of a plan or amendment to such plan
or element developed by the regional planning commission and sent
to the Town for review or adoption.
(l)
Any proposed contract, for the provision of information, or
the preparation of a Comprehensive Plan, an element of a plan or an
implementation measure, between the Town and the regional planning
commission, under § 66.0309, Wis. Stats., another unit of
government, a consultant or any other person or organization.
(m)
A proposed ordinance, regulation or plan, or amendment to the
foregoing, relating to a mobile home park under § 66.0435,
Wis. Stats.
(n)
A proposed agreement, or proposed modification to such agreement,
to establish an airport affected area, under § 66.1009,
Wis. Stats.
(o)
A proposed Town airport zoning ordinance under § 114.136(2),
Wis. Stats.
(p)
A proposal to create environmental remediation tax incremental
financing in the Town under § 66.1106, Wis. Stats.
(q)
A proposed county agricultural preservation plan or amendment, under Subchapter IV of Chapter 91, Wis. Stats., referred by the county to the Town, or proposed Town agricultural preservation plan or amendment.
(r)
Any other matter required by any Town ordinance or Town Board
resolution or motion to be referred to the Zoning and Planning Commission.
(4)
Discretionary referrals. The Town Board, or other Town officer
or body with final approval authority or referral authorization under
the Town ordinances, may refer any of the following to the Zoning
and Planning Commission for report:
(a)
A proposed county development plan or Comprehensive Plan, proposed
element of such a plan, or proposed amendment to such plan.
(b)
A proposed county zoning ordinance or amendment.
(c)
A proposed county subdivision or other land division ordinance
under § 236.45, Wis. Stats., or amendment.
(d)
An appeal or permit application under the county zoning ordinance
to the county Zoning Board of Adjustment, county planning body or
other county body.
(e)
A proposed intergovernmental cooperation agreement, under § 66.0301,
Wis Stats., or other statute, affecting land use, or a municipal revenue
sharing agreement under § 66.0305, Wis. Stats.
(f)
A proposed plat or other land division under the county subdivision
or other land division ordinance under § 236.45, Wis. Stats.
(g)
A proposed county plan, under § 236.46, Wis. Stats.,
or the proposed amendment or repeal of the ordinance adopting such
plan, for a system of Town arterial thoroughfares and minor streets,
and the platting of lots surrounded by them.
(h)
Any other matter deemed advisable for referral to the Zoning
and Planning Commission for report.
(5)
Referral period. No final action may be taken by the Town Board
or any other officer or body with final authority on a matter referred
to the Zoning and Planning Commission until the Commission has made
its report, or 30 days, or such longer period as stipulated by the
Town Board, has passed since referral. The thirty-day period for referrals
required by the Wisconsin Statutes may be shortened only if so authorized
by statute. The thirty-day referral period, for matters subject to
required or discretionary referral under the Town's ordinances, but
not required to be referred under the Wisconsin Statutes, may be made
subject by the Town Board to a referral period shorter or longer than
the thirty-day referral period if deemed advisable.
R.
Effective date. Following passage by the Town Board, this section
shall take effect the day after the date of publication or posting
as provided by § 60.80, Wis. Stats.
[Added 2-19-2019 by Ord. No. 2019-02]
A.
Review of development required. No development, as defined in § 135-8, of any kind on any parcel of land in the Town shall commence until the plans for such development have been reviewed for compliance with the provisions of this chapter and approved by the Ledgeview Zoning Administrator in accordance with the regulations in this division.
B.
Plat
or survey requirements. All requests for zoning approval shall be
accompanied by a recorded subdivision plat or certified survey map
of the lot or parcel of land upon which such development is proposed,
unless such recorded plat or survey is on file with the Ledgeview
Zoning Administrator.
[Amended 2-19-2019 by Ord. No. 2019-02]
A.
No person shall erect or construct any building or structure, or
shall add to, enlarge, move, improve, alter, convert, extend or demolish
any building or structure or cause the same to be done, or shall commence
any work covered by this chapter on any structure without first obtaining
a building permit therefor from the Ledgeview Zoning Administrator
or designee; however, the Ledgeview Zoning Administrator or designee
may authorize minor repairs not involving structural alterations without
requiring a building permit to be issued.
B.
Application for said building permit shall be made, in writing, to
the Town of Ledgeview Zoning Administrator or designee by the landowner
or his/her authorized agent on a form furnished for that purpose.
C.
Application for a building permit shall be deemed to be an application
for an occupancy permit as well.
E.
The Zoning Administrator or designee shall issue the building permit
if the proposed building complies with all the provisions of this
chapter and any other applicable Town or state requirements. Said
building permit shall remain in full force and effect for a period
of one year from the date of issuance. After said one-year period
has expired, no further building can take place without the reissuance
of another building permit.
F.
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 will be forwarded, in writing, by the Town Zoning
Administrator or designee to the applicant.
[Amended 2-19-2019 by Ord. No. 2019-02]
A.
Each application for a building permit shall be accompanied by two
copies of the site plan, drawn to scale, not less than one inch to
100 feet, showing the actual dimensions of the lot to be built upon.
Such site plan shall indicate the detailed legal description of the
property as it appears of record. In the case of unplatted land or
parcels conveyed by metes and bounds, the site plan, together with
sufficient measurements to permit proper determination, shall be submitted
to the Zoning Administrator or designee, who shall determine as to
whether the proposal is in conflict with the Official Map. No building
permit shall be issued for the above development unless a site plan
is first submitted to and approved by the Zoning and Planning Committee
or its designee.
B.
Exemptions and exceptions. The Zoning Administrator or designee may,
at the request of the applicant, waive any of the various requirements
of maps and submissions hereinafter set forth.
C.
Other data required. The site plan shall contain sufficient information
relative to site design considerations, including but not limited
to the following:
(1)
Size and location of the building or buildings to be erected.
(2)
Relationship of the building or buildings to the exterior lines
of proposed streets shown on the Official Map.
(a)
The location of streets, alleys, lot lines and any other buildings
on the same lot or property.
(b)
The name of the owner.
(c)
The intended use.
(d)
Computations and other data necessary to show the correctness
of the plans shall accompany the plans and specifications when required
by the Building Inspector.
D.
Supplemental requirements. The Zoning Administrator or designee may
require other information and data for specific site plans. This data
may include but is not limited to geologic information, water yields,
flood data, environmental information, traffic analysis, road capacities,
market information, economic data for the proposed development, hours
of operation, elevations and perspective drawings, lighting and similar
information. Conditional approval of a site plan may establish conditions
for construction based on such information.
E.
Principles and standards for site plan review.
(1)
The following criteria have been set forth as a guide for evaluating
the adequacy of proposed development. The Zoning Administrator or
designee shall review the site plan for compliance with all applicable
ordinances and the Comprehensive Plan; for harmony with surrounding
uses and the overall plan for development of the Town; for the promotion
of the health, safety, order, efficiency and economy of the Town;
and for the maintenance of property values and the general welfare.
(2)
Based upon his review, the Zoning Administrator or designee
may approve, conditionally approve, request modifications or deny
approval of the site plan based on evaluation of the site plan details
with respect to:
(a)
The site plan's compliance with all provisions of this chapter
and other ordinances of the Town of Ledgeview, including but not limited
to off-street parking and loading, lighting, open space and the generation
of objectionable smoke, fumes, noise, odors, dust, glare, vibration
or heat.
(b)
The environmental impact of the development relating to the
preservation of existing natural resources on the site and the impact
on the natural resources of the surrounding properties and neighborhood.
(c)
The relationship of the development to adjacent uses in terms
of harmonious design, setbacks, maintenance of property values and
negative impacts.
(d)
The provision of a safe and efficient vehicular and pedestrian
circulation system.
(e)
The design and location of off-street parking and loading facilities
to ensure that all such spaces are usable and are safely and conveniently
arranged.
(f)
The sufficient width and suitable grade and location of streets
designed to accommodate prospective traffic and to provide access
for firefighting and emergency equipment to buildings.
(g)
The coordination of streets so as to compose a convenient system
consistent with the Town's official street map.
(h)
The use of landscaping and screening to provide adequate buffers
to shield lights, noise, movement or activities from adjacent properties
when necessary, and to complement the design and location of buildings
and be integrated into the overall site design. Screening is to consist
of a landscaped area at least six feet wide, planted with a mixture
of deciduous and evergreen trees and shrubs, and shall create an effective
barrier. All trees shall be a minimum of two-inch caliper when planted.
(i)
Exterior lighting to ensure safe movement and for security purposes,
which shall be arranged so as to minimize glare and reflection on
adjacent properties.
(j)
The location, size and configuration of open space areas to
ensure that such areas are suitable for intended recreation and conservation
uses.
(k)
Protection and conservation of soils from erosion by wind or
water or from excavation or grading.
(l)
Protection and conservation of watercourses and areas subject
to flooding.
(m)
The adequacy of water, drainage, sewerage facilities, garbage
disposal and other utilities necessary for essential services to residents
and occupants.
[1]
The decision of the Zoning Administrator or designee to approve
or deny a site plan shall be final and binding, unless an appeal of
said decision is made to the Zoning and Planning Committee. The appeal
shall be filed, in writing, with the Town Zoning Administrator or
designee not more than seven days after the date of the action taken
by the Zoning Administrator or designee. The appeal shall state all
reasons for dissatisfaction with the action of the Zoning Administrator
or designee. If the Zoning and Planning Committee, by majority vote,
deems the appeal to be without merit, it may refuse to accept the
appeal, and the action of the Zoning Administrator or designee shall
stand. If the Zoning and Planning Committee, by majority vote, accepts
the appeal, the decision by the Zoning and Planning Committee to approve,
conditionally approve, request modifications or deny a site plan shall
be final and binding.
F.
Effect of site plan approval.
(1)
If development of a lot with an approved site plan has not commenced within two years of the date of final approval of the site plan, the site plan shall be deemed to have expired, and a review and reapproval of the approved site plan by the Zoning Administrator or designee shall be required before a building permit may be issued. Said review and approval shall be evaluated according to the standards of Subsection E, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the site plan.
(2)
It is recognized that final architectural and engineering design
may necessitate minor changes in the approved site plan. In such cases,
the Zoning Administrator or designee shall have the authority to approve
minor modifications of an approved site plan, provided that such modifications
do not materially change the circulation and building location on
the site.
[Amended 8-7-2023 by Ord. No. 2023-005]
A.
Zoning permit.
(1)
Purpose. The purpose of the zoning permit is for the Town to
communicate its official statement that the land use and operations
described in the permit application are deemed to comply with the
regulations as set forth under this chapter.
(2)
Permit required. A zoning permit, to be issued by the Zoning
Administrator, shall be required for all of the following, except
accessory buildings for agricultural operations:
(a)
Occupancy and use of a building or site hereafter changed, erected,
or enlarged.
(b)
Change in use or operations of an existing building or site.
(c)
Occupancy and use of vacant land.
(d)
Change in the use of land to a use of a different classification.
(e)
Any change in the use of a nonconforming use.
(3)
Application. Applications for a zoning permit shall be made
to the Zoning Administrator on forms furnished by the Zoning Administrator
and shall include the following where pertinent and necessary for
proper review:
(a)
Name and address of the petitioner, owner of the site, architect,
professional engineer and contractor.
(b)
Property owner signature.
(c)
Description of the subject site by lot, block, and recorded
subdivision or by metes and bounds; address of the subject site; type
of structure; existing and proposed operation or use of the structure
or site; number of employees; and the zoning district within which
the subject site lies.
(d)
Site plan. Every application for zoning permit submitted to
the Zoning Administrator shall be accompanied by a site plan, drawn
to scale, showing the lot and the building site and location of existing
buildings on the lot. The site plan shall also show all accessory
buildings, existing and proposed structures, all existing and proposed
off-street parking and loading, streets and public ways, and accurate
dimensions of the lot, yards and buildings, together with locations,
size and use of any land and all buildings not on the lot and within
50 feet from the boundaries thereof, unless separated by a street.
(e)
Additional information as may be required by the Zoning Administrator.
(4)
Compliance with regulations. Except as hereinafter provided,
no permit pertaining to the use of land or buildings shall be issued
by any officer, department, or employee of the Town unless the application
for such permit has been examined and approved by the Zoning Administrator,
Building Inspector, Fire Chief, and Director of Public Works indicating
that the proposed use, activities, building or site complies with
provisions of the respective Codes. Occupancy or use of land, water
or buildings and structures shall be prohibited until an occupancy
certificate per § 135- 247B has been issued, certifying
that all appropriate provisions of this chapter have been met. Any
permit or certificate of occupancy issued in conflict with the provisions
of this chapter shall be null and void.
(5)
Granting of permit. A zoning permit shall be granted or denied
by the Zoning Administrator, in writing, within 30 days of a complete
application submittal, and the petitioner shall post such permit in
a conspicuous place at the site. A permit that is issued applies only
to the development project as it is specifically described in the
application. The permit shall expire within four months unless the
project site exhibits progress. Any permit issued in conflict with
the provisions of this chapter shall be null and void.
B.
Occupancy permit.
(1)
No building or addition thereto constructed after the effective
date of this chapter, and no addition to a previously existing building,
shall be occupied until an occupancy permit has been issued by the
Town Building Inspector or designee. No change in the use of a building
shall be made until a permit has been issued by the Town Building
Inspector or designee for such change of use.
(2)
No occupancy permit shall be issued until construction has been
completed and the premises inspected and certified by the Building
Inspector or designee to be in conformity with the plans and specifications
upon which the building permit was based.
(3)
The occupancy permit shall be issued, or notice shall be given
to the applicant stating the reasons why a certificate cannot be issued,
not later than seven days after the Building Inspector or designee
is notified, in writing, by the applicant that the premises or building
is ready for occupancy.
(4)
All occupancy permits shall be issued by the Ledgeview Building
Inspector or designee.
C.
Fees.
(1)
All petitioners shall pay a zoning permit fee, to be determined
by the Town Board, at the time of application.
(2)
Zoning permit fees do not include and are in addition to building
permit fees established by the Town.
(3)
Fees for zoning permit amendments shall be in accordance with§ 1-19, Fee Schedule, of the Municipal Code.
(4)
If work is started before a permit is applied for and issued by the Zoning Administrator or Building Inspector, a penalty may be applied. Such penalty shall not release the petitioner from full compliance with the provisions of Chapter 135, Zoning, nor from prosecution for violation of this chapter.
(5)
Fees
for written determinations by the Zoning Administrator or Building
Inspector may be applied.
A.
Application. An application for a variance shall be filed with the
Zoning Administrator or designated agent. The application shall contain
such information as requested in the application provided by the Zoning
Administrator or designee, as well as such other further information
as the Zoning Administrator or designee may deem reasonably necessary
to evaluate such request for a variance. The Zoning Board of Appeals
shall hold a public hearing on each request for variance. Time, place
and purpose of the hearing shall be published as provided in the state
law on planning and zoning and applicable to the Town of Ledgeview.
Due notice of the hearing shall be given to the appellant, as well
as parties of interest and any other individual who has filed a request
with the Zoning Administrator or designee for a written notice of
the time and place of the appeal.
B.
Standards of variances. The Zoning Board of Appeals shall not vary
the regulations, unless it shall make findings based upon the evidence
presented to it in each specific case. Variances shall be granted
in accordance with the following standards:
(1)
Because of the particular physical surrounding, 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 variation 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
the public safety, or substantially diminish or impair property values
within the neighborhood.
C.
Authorized variances.
(1)
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.
(2)
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.
A.
Scope of appeals.
(1)
Appeals to the Zoning Board of Appeals may be taken by any person
alleging there is an error in any order, requirement, decision or
determination made by the Zoning Administrator or any administrative
official acting on behalf of the Zoning Administrator in the enforcement
of this chapter or of any other ordinance adopted pursuant to this
chapter.
(2)
Such an appeal shall be made within 30 days after the decision
or the action complained of, by filing with the Zoning Administrator
or designee a notice of appeal specifying the grounds thereof.
(3)
The Zoning Administrator or his/her designated representative
shall forth with transmit to the Zoning Board of Appeals all the papers
constituting the record upon which the action appealed from was taken.
B.
Findings on appeals.
(1)
An appeal shall stay all legal proceedings in furtherance of
the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Appeals after the notice of appeal
shall have been filed with him/her that, by reason of facts stated
in the certificate, a stay would, in his/her 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 Board of Appeals or by a court of record on application, on
notice to the officer from whom the appeal is taken and on due cause
shown.
(2)
The Zoning Board of Appeals shall hold a public hearing on each
appeal. Time, place and purpose of the appeal shall be published as
provided in the state law on planning and zoning and applicable to
the Town of Ledgeview.
(3)
Due notice of the hearing shall be given to the appellant, as
well as parties of interest and any other individual who has filed
a request with the Zoning Administrator or designee for a written
notice of the time and place of the appeal.
(4)
The Zoning Board of Appeals shall thereafter reach its decision
within 60 days from the filing of the appeal.
(5)
The Zoning Board of Appeals may affirm or 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.
A.
Authority. The 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 purposes 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 Zoning Administrator or designated agent, and shall be in such
form and accompanied by such information as required by the Zoning
Administrator or designee. The Zoning Administrator or designee shall
then immediately forward a copy of said application to the Chairperson
of the Zoning and Planning Committee.
D.
Resubmittals.
No application for a zoning amendment which has been denied by the
Town may be resubmitted for a period of one year from the date of
said denial, except on the grounds of new evidence or proof of change
of conditions found to be valid by the Town.
[Added 2-19-2019 by Ord. No. 2019-03[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection D through F as Subsection E through G, respectively.
E.
Finding and recommendation.
(1)
The Zoning and Planning Committee shall make written findings
of fact and shall submit them, together with its recommendations,
to the Town Board prior to the public hearing. Said written findings
shall be submitted to the Town Board within 60 days from the date
the application was received by the Zoning Administrator or designee.
A failure of the Zoning and Planning Committee to submit written findings
to the Town Board within the sixty-day period shall constitute a denial
of the application by the Zoning and Planning Committee. The Zoning
and Planning Committee shall have complied with this subsection concerning
the submission of written findings to the Town Board upon receipt
of the written findings by the Town Clerk for the Town of Ledgeview.
(2)
Where the purpose and effect of the proposed amendment is to
change the zoning classification of particular property, the Zoning
and Planning Committee shall make findings based upon the evidence
presented to it in each specific case with respect to the following
matters:
(a)
Existing uses of property within the general area of property
in question.
(b)
Zoning classification of property within the general area of
the property in question.
(c)
Suitability of 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 in
its present zoning classification.
(e)
The Zoning and Planning Committee may recommend the adoption
of an amendment changing the zoning classification of the property
in question to any higher classification than that requested by the
applicant.
(f)
The Zoning and Planning Committee 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.
F.
Hearing notice. The Town Board shall hold a public hearing on each
application for an amendment. Time, place and purpose of the hearing
shall be published as a class 2 notice under Ch. 985, Wis. Stats.
Written notice mailed no later than 10 days in advance of the hearing
shall be given to the applicant, as well as parties of interest.
G.
Town Board action.
(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 Zoning and Planning Committee on the proposed amendment or
until the sixty-day period set forth in Subsection D(1) has expired,
whichever occurs first. Receipt of the recommendation by the Town
Clerk shall constitute a formal receipt of the written recommendation
from the Zoning and Planning Committee with respect to 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 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 a three-fourths
vote of the full Town Board membership. Any protest petition filed
hereunder must be filed within the office of the Town Clerk by 12:00
noon on the Friday before the scheduled vote on the proposed zoning
amendment.
(3)
The Town Board shall make a decision on the amendment within
60 days from the receipt of the Zoning and Planning Committee recommendation
by the Town Clerk.
(4)
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 Clerk, it shall be deemed to have
been denied.
[Amended 2-19-2019 by Ord. No. 2019-03; 8-7-2023 by Ord. No. 2023-005]
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed conditional uses. Conditional uses are those
uses which have the potential to create undesirable impacts on nearby
properties if allowed to develop simply under the general requirements
of this chapter. In addition to such potential, conditional uses also
have the potential to create undesirable impacts on nearby properties
which potentially cannot be determined except with a binding site
plan and on a case-by-case basis. In order to prevent this from occurring,
all conditional uses are required to meet certain procedural requirements
applicable only to conditional uses, in addition to the general requirements
of this chapter and the requirements of the zoning district in which
the subject property is located.
B.
Approval required. Uses listed as permitted by conditional use may
be permitted in the zoning district in which it is listed upon petition
grant to the Zoning and Planning Commission and subject to the approval
of the Town Board and to such other conditions as hereinafter designated.
C.
Basis for approval. The Zoning and Planning Commission and Town Board
shall base their determination on general considerations as to the
effect of such grant on the health, general welfare, safety and economic
prosperity of the Town and specifically of the immediate neighborhood
in which such use would be located, including such considerations
as the effect on the established character and quality of the area,
its physical attractiveness, the movement of traffic, the demand for
related services, the possible hazardous, harmful, noxious, offensive
or nuisance effect as a result of noise, dust, smoke or odor and such
other factors as would be appropriate to carrying out the intent of
conditional use grants. No conditional use permit shall be recommended
or granted pursuant to this Code unless the applicant shall establish
the following:
(1)
Zoning code and adopted plans and policies purposes and intent.
The proposed use and development will be in harmony with the general
and specific purposes for which this Code was enacted and for which
the regulations of the zoning district in question were established
and with the general purpose and intent of the Town of Ledgeview Comprehensive
Plan or any other plan, program, or policy, adopted by the Town. Further,
the proposed conditional use will maintain the desired consistency
of land uses, land use intensities, and land use impacts as related
to the environs of the property.
(2)
Adverse impact. The proposed use and development will not have
a substantial or undue adverse or detrimental effect upon or endanger
adjacent property, the character of the area, or the public health,
safety, morals, comfort, and general welfare and not substantially
diminish and impair property values within the community or neighborhood.
(3)
Interference with surrounding development. The proposed use
and development will be constructed, arranged, and operated so as
not to unreasonably interfere with the use and development of neighboring
property according to the applicable zoning district regulations.
(4)
Adequate public facilities. The proposed use and development
will be served adequately by essential public facilities and services
such as streets, public utilities including public water supply system
and sanitary sewer, police and fire protection, refuse disposal, public
parks, libraries, schools, and other public facilities and utilities
or the applicant will provide adequately for such facilities.
(5)
Traffic congestion and parking. The proposed use and development
will not cause undue traffic congestion nor draw significant amounts
of traffic through streets inadequate for such operations. Adequate
measures will be taken to provide ingress and egress so designed as
to minimize traffic congestion in the public streets. The proposed
use will be able to provide the necessary parking and loading facilities
on-site to avoid adverse impacts to public infrastructure or property.
(6)
Destruction of significant features. The proposed use and development
will not result in the destruction, loss, or damage of any natural,
scenic, or historic feature of significant importance as determined
by the Zoning and Planning Commission.
(7)
Alternative locations. Whether and to what extent such public
goals can be met by the location of the proposed use and development
at another site or in another area that may be more appropriate than
the proposed site.
(8)
Mitigation of adverse impacts. Whether and to what extent all
steps possible have been taken to minimize any adverse effects of
the proposed use and development on the immediate vicinity through
building design, site design, landscaping, and screening.
(9)
Public benefit. The public benefits of the proposed conditional use will outweigh any and all potential adverse impacts of the proposed conditional use as identified in Subsection C(1) through (8) above, after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner to alleviate such impacts.
D.
Procedure.
(2)
Petition. A request for conditional use grant shall be submitted,
in writing, to the Town Clerk who shall promptly refer such petition
to the Zoning and Planning Commission and Town Board for determination.
Such petition shall be accompanied by appropriate data and information
necessary for proper evaluation of the request, specifically including
the following:
(a)
An accurate map of the property including indication of general
terrain and topographical characteristics, the location of all significant
terrain features such as streams, ponds, tree growths, etc., and the
location of all existing structures.
(b)
An accurate and complete written description of the use for
which a conditional use is being requested, including pertinent statistics
and operational characteristics.
(c)
Plans and other drawings showing proposed development of the
site and buildings, including landscape plans, location of parking
and service areas, driveways, exterior lighting, type of building
material, etc.
(d)
Written justification for the proposed conditional use, including
evidence that the application is consistent with the Comprehensive
Plan and other applicable codes, plans and policies adopted by the
Town.
(3)
Review by Town staff. The proposed conditional use shall be
reviewed by Town staff in the following steps:
(a)
The Zoning Administrator shall review the submittal in order
to ensure that all required portions of the submittal are provided
and the application is complete.
(b)
Upon the receipt and acknowledgement of a complete submittal, Town staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed conditional use provided in the submittal per § 135-251C.
(c)
A staff report shall be forwarded to the Zoning and Planning
Commission for review and use in the development of a recommendation
to Town Board.
(4)
Review by Zoning and Planning Commission. The Zoning and Planning
Commission shall review a petition per the provisions of this subsection.
(a)
Within 60 days after the receipt of the complete petition as determined by the Zoning Administrator (or within an extension of said period requested, in writing, by the petitioner and granted by the Zoning and Planning Commission), the Zoning and Planning Commission shall provide a written report, minutes, or motion to the Town Board stating its findings regarding Subsection D(3), above, and its recommendation regarding the petition as a whole. The report, minutes, or motion shall include a formal finding of facts developed and approved by the Zoning and Planning Commission concerning the requirements of Subsection D(3)(c) above.
(b)
If the Zoning and Planning Commission fails to make a report within 60 days after the receipt of said complete petition [and in the absence of a petitioner-approved extension per Subsection D(4)(a) above], then the Town Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Zoning and Planning Commission shall not invalidate the proceedings or actions of Town Board.
(5)
Hearing. The public hearing shall be held before the Town Board
within 30 days of a recommendation by the Zoning and Planning Commission
regarding the petition.
(6)
Review and action by Town Board. Following a public hearing,
necessary study and investigation, and recommendation of the Zoning
and Planning Commission, the Town Board shall as soon as practical
render its decision, in writing, and a copy made a permanent part
of the Board's records. Town Board shall consider the recommendation
of the Zoning and Planning Commission regarding the proposed conditional
use. The Board may request further information and/or additional reports
from the Zoning and Planning Commission, Town staff, and/or the petitioner.
The Board may take final action on said conditional use at time of
its initial meeting, or said proceedings may be continued from time-to-time
for further consideration. Town Board may approve the conditional
use as originally proposed, may approve the proposed conditional use
with modifications (per the recommendations of Town staff, the Zoning
and Planning Commission, or Town Board itself), or may deny the proposed
conditional use. Such decision shall include an accurate description
of the conditional use permitted, of the property on which the conditional
use is permitted, and any and all conditions made applicable thereto,
or if disapproved, shall indicate the reasons for disapproval. Approval
of the proposed conditional use shall be considered the approval of
a unique request, and shall not be construed as precedent for any
other proposed conditional use.
E.
Effect of denial and resubmittals. No application which has been
denied (either wholly or in part) shall be resubmitted for a period
of 12 months from the date of said order of denial, except on grounds
of new evidence or proof of change in factors found valid by the Town.
F.
Compliance with standards. The conditional use shall, in all other
respects, conform to the applicable regulations of the district in
which it is located, except as such regulations may, in each instance,
be modified by the Town Board pursuant to the recommendations of the
Zoning and Planning Commission. The proposed use and development shall
comply with all additional standards imposed on it by the particular
provision of this division and Code authorizing such use.
G.
Conditions on conditional use permits. The Zoning and Planning Commission
may recommend, and the Town Board may impose, such conditions and
limitations concerning use, construction, character, location, landscaping,
maintenance, screening, operation, hours of operation (except as may
be allowed by other federal, state, or county requirements), need
for a developers agreement, and other matters relating to the purposes
and objectives of this Code upon the premises benefited by the issuance
of a conditional use permit as may be necessary or appropriate to
prevent or minimize adverse effects upon other property and improvements
near the subject property, upon such public facilities and services,
protection of the public interest, and to secure compliance with the
standards and requirements specified in this Code. Such conditions
shall be expressly set forth in the resolution granting the conditional
use permit, and the Town Board may require the unconditional consent
of the applicant to such conditions. Violation of any such condition
of limitation shall be a violation of this Code and shall constitute
grounds for revocation of the conditional use permit.
H.
Compliance with conditions. 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. Whenever
any conditional use permit granted pursuant to this Code is made subject
to conditions or limitations to be met by the applicant, the Zoning
Administrator shall confirm compliance with such conditions.
I.
Effect of issuance of a conditional use permit. The grant of a conditional
use permit shall not authorize the establishment or extension of any
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 other
permits or approvals that may be required by the ordinances and codes
of the Town of Ledgeview, including, but not limited to, building
permit, zoning permit, occupancy permit, certificate of appropriateness,
land division approval, site plan approval, or other type of permit
or approval.
J.
Limitations on conditional use permits.
(1)
Time limitations. Subject to an extension of time granted by
the Town Board, upon recommendation of the Zoning and Planning Commission,
no conditional use permit shall be valid for a period longer than
12 months unless a building permit and/or occupancy permit is issued
and construction is actually begun within that period and is thereafter
diligently pursued to completion or unless a zoning permit is issued
and a use commenced within that period.
(2)
Use discontinuance. A conditional use permit shall be deemed
to authorize only the particular use for which it was issued. Such
permits shall automatically expire and cease to be of any force or
effect if such use shall be discontinued for 12 consecutive months
or more; provided, however, that if such use is discontinued due to
labor strikes, war, natural disasters, or other similar cause(s) beyond
the reasonable control of the holder of the conditional use permit,
such twelve-month period shall be extended for a period of time equal
to the period that the holder of the conditional use permit is prevented
from engaging in the particular use for which the conditional use
permit was issued.
(3)
Additions and enlargements to conditional uses.
(a)
Any additions or enlargements of an existing legal conditional
use for which a conditional use permit has been issued may be amended,
varied, or altered only pursuant to the procedures and subject to
the standards and limitations provided in this Code for its original
approval.
(b)
Any additions or enlargements of an existing conditional use
for which a conditional use permit has not been issued shall be subject
to the provisions of this section.
(4)
Amendments to conditional use permits. A conditional use permit
may be amended, varied, or altered only pursuant to the procedures
and subject to the standards and limitations provided in this Code
for its original approval.
(5)
Subsequent change or addition to the approved plans or use.
If in the opinion of the Town such change or addition constitutes
a substantial alteration based on the standards set forth, a public
hearing before the Zoning and Planning Commission shall be required.
(6)
Conditional use permit runs with land and not the applicant.
Unless otherwise provided in the resolution granting a conditional
use permit, a conditional use permit shall be deemed to relate to,
and to be for the benefit of, the use and lot in question rather than
the applicant, owner, or operator of such use or lot.
K.
Termination. Where a permitted conditional use does not continue
in conformity with the conditions of the original approval, or where
a change in the character of the surrounding area or of the use itself
causes it to be no longer compatible with surrounding areas, or for
similar cause based upon consideration for the public welfare the
conditional use grant may be terminated by action of the Town Board
following referral to the Zoning and Planning Commission for recommendation,
and public hearing thereon. Such use shall thereafter be classified
as legal nonconforming use, except that where the action is due to
failure to comply with the conditions of the conditional use grant,
the Town Board may require complete termination of such use.
Any application for a conditional use permit, an appeal, zoning
amendment or variance shall be accompanied by a fee as established
by the Town. This fee shall not apply to any changes proposed by the
Town itself.
A.
Any building or structure hereinafter erected, moved or structurally
altered or any use hereafter established in violation of the provisions
of this chapter by any person, firm, association, corporation (including
building contractors) or his/her/their agent shall be deemed an unlawful
structure or use.
B.
Any person, firm or corporation who or which violates, disobeys,
neglects, omits or refuses to comply with or who resists the enforcement
of any of the provisions of this chapter may also be required, upon
conviction, to forfeit a fee set by the Town Board for each offense,
together with the costs of prosecution, and shall be imprisoned in
the county jail of Brown County until said forfeiture and costs are
paid, but not to exceed 30 days for each violation. Each day that
a violation continues to exist shall constitute a separate offense.
C.
This section shall not preclude the Town of Ledgeview from maintaining
any appropriate action to prevent or remove a violation of this chapter.
