Town of Ledgeview, WI
Brown County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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) 
Chairperson. The Zoning and Planning Commission Chairperson shall be appointed and serve a term as provided in Subsections E and F of this section. The Chairperson shall, subject to Town ordinances and Commission rules:
(a) 
Set Commission meeting and hearing dates;
(b) 
Provide notice of Commission meetings and hearings and set their agendas, personally or by his or her designee; and
(c) 
Preside at Commission meetings and hearings.
(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:
(1) 
Public records, §§ 19.21 to 19.39;
(2) 
Code of Ethics for Local Government Officials, §§ 19.42, 19.58 and 19.59;
(3) 
Open Meetings, §§ 19.81 to 19.89; Misconduct in Office, § 946.12; and
(4) 
Private Interests in Public Contracts, § 946.13.
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
(e) 
The Plan Commission Secretary is directed to send a copy of the Comprehensive Plan adopted by the Commission to the governmental units specified in § 66.1001(4), Wis. Stats., and Subsection O(3) of this section.
(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.
(a) 
Zoning conditional use permits. The Zoning Administrator shall refer applications for conditional use permits under Town zoning to the Zoning and Planning Commission for review and recommendation to the Town Board as provided under §§ 135-250 and 135-251 of the Town zoning ordinances.
(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:
[1] 
Street, alley or other public way;
[2] 
Park or playground;
[3] 
Airport;
[4] 
Area for parking vehicles; or
[5] 
Other memorial or public grounds.
(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.
(f) 
The location, character and extent or acquisition, leasing or sale of lands for:
[1] 
Public or semipublic housing;
[2] 
Relief of congestion; or
[3] 
Vacation camps for children.
(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.
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.
D. 
Each building permit application shall be accompanied by a site plan in accordance with requirements as specified in § 135-246, Site plans.
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.
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.
[1] 
On-site and off-site circulation.
[2] 
Parking.
[3] 
Grading.
[4] 
Landscaping.
[5] 
Placement of utilities.
[6] 
Screening.
[7] 
Engineering for streets and utilities.
[8] 
Signage.
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 fire-fighting 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.
A. 
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 Zoning Administrator or designee. No change in the use of a building shall be made until a permit has been issued by the Town Zoning Administrator or designee for such change of use.
B. 
No occupancy permit shall be issued until construction has been completed and the premises inspected and certified by the Zoning Administrator or designee to be in conformity with the plans and specifications upon which the building permit was based.
C. 
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 Zoning Administrator or designee is notified, in writing, by the applicant that the premises or building is ready for occupancy.
D. 
All occupancy permits shall be issued by the Ledgeview Zoning Administrator or designee.
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. 
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.
E. 
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.
F. 
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.
A. 
Purpose. The purpose is to place unique land use characteristics within favorable zoning districts to ease conflicts on neighboring lands and public need.
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 conditional use permit shall be filed with the Zoning Administrator or his/her designated agent on a form so prescribed by the Town of Ledgeview. The application shall be accompanied by such plans and/or data prescribed by the Zoning Administrator or designee and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zone districts.
D. 
Zoning and Planning Committee action.
(1) 
After the application for the conditional use has been reviewed by the Zoning and Planning Committee, a written recommendation shall be submitted by the Zoning and Planning Committee to the Town Board. For purposes of this section, said written recommendation shall be filed with the Town Clerk and such filing shall be deemed a filing with the Town Board.
(2) 
In its written recommendations, the Zoning and Planning Committee may recommend such conditions and restrictions upon the establishment, location, construction, maintenance, appearance and operation of the conditional use as the Zoning and Planning Committee deems necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter. No conditional use shall be recommended by the Zoning and Planning Committee, unless said Zoning and Planning Committee shall find that the proposed use complies with Article II, Intent, Purpose and Severability.
(3) 
A failure of the Zoning and Planning Committee to serve upon the Town Clerk a written recommendation regarding said application for a conditional use permit within 60 days from the date said application was filed with the Zoning Administrator or his/her designated agent shall be deemed a denial of the conditional use permit by the Zoning and Planning Committee.
E. 
Hearing notice. The Town Board shall hold a public hearing on each application for a conditional use permit. 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.
F. 
Town Board action.
(1) 
Decision of Town Board. Conditional use permits shall only be granted by the Town Board. Within 60 days of the date on which the Town Clerk receives the written recommendation from the Zoning and Planning Committee, the Town Board shall make a determination concerning the issuance of the conditional use permit. If the Zoning and Planning Committee fails to render a written recommendation to the Town Clerk within 60 days from its receipt of the conditional use application as set forth in the previous subsection, then the Town Board shall have 120 days from the date in which the application for the conditional use permit was filed with the Zoning Administrator or his/her designated agent in which to make a determination regarding the application for the conditional use permit. It is the responsibility of the applicant to notify the Town Board, by means of notification to the Town Clerk, that the Zoning and Planning Committee has failed to take the necessary action as required in Subsection D hereinabove.
G. 
Conditions and guaranties. When issuing a conditional use permit, the Town Board shall require such conditions and restrictions upon the establishment, location, construction, maintenance, appearance and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements as specified in this chapter. In all cases in which conditional uses are granted, the Town Board may require such evidence and guaranties as it may deem necessary as proof that the conditions required in connection therewith are being fulfilled.
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.