This chapter contemplates an administrative
and enforcement officer titled the "Zoning Administrator" to administer
and enforce the same. Certain considerations, particularly with regard
to granting of permitted conditional uses, planned unit development
conditional uses, changes in zoning districts and the Zoning Map,
and amending the text of this chapter require review and recommendation
by the Plan Commission and ultimate action by the Town Board. A Board
of Adjustment is provided to assure proper administration of this
chapter and to avoid arbitrariness.
The duty of the Zoning Administrator shall be
to interpret and administer this chapter and to issue, after on-site
inspection, all permits required by this chapter. The Zoning Administrator
shall further:
A.
Maintain records of all permits issued, inspections
made, work approved and other official actions.
B.
Inspect structures, lands and waters as often as necessary
to assure compliance with this chapter.
C.
Investigate all complaints made relating to the location
of structures and the use of structures, lands and waters, give notice
of all violations of this chapter to the owner, resident, agent or
occupant of the premises and report uncorrected violations to the
Town Attorney in a manner specified by him.
D.
Prohibit the use or erection of any structure, land
or water until he has approved such use or erection.
E.
Request assistance and cooperation from the Town Engineer
and Town Attorney as deemed necessary.
A.
Plan Commission. The Plan Commission, together with
its other statutory duties, shall make reports and recommendations
relating to the plan and development of the Town to the Town Board,
other public officials and other interested organizations and citizens.
In general, the Plan Commission shall have such powers as may be necessary
to enable it to perform its functions and promote municipal planning.
Under this chapter, its functions are primarily recommendatory to
the Town Board pursuant to guidelines set forth in this chapter as
to various matters and always being mindful of the intent and purposes
of this chapter. Recommendations shall be in writing. A recording
thereof in the Commission's minutes shall constitute the required
written recommendation. The Commission may, in arriving at its recommendation,
on occasion of its own volition, conduct its own public hearing. The
Plan Commission shall hold public hearings for conditional use permit
requests.
B.
Town Board. The Town Board, the governing body of
the Town, subject to recommendations by the Plan Commission and the
holding of public hearings by said Board, has authority to make changes
and amendments in zoning districts, the Zoning Map and supplementary
Floodland Zoning Map and to amend the text of this chapter. The Town
Board may delegate to the Plan Commission the responsibility to hold
some or all public hearings as required under this chapter.
A.
Zoning permit required. No new structure, new use of land or air or change in the use of land or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit. The fee for a zoning permit shall be as prescribed in § 380-118.
B.
Application. Applications for a zoning permit shall
be made in duplicate to the Zoning Administrator and shall include
the following where pertinent and necessary for proper review:
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer and contractor.
(2)
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.
(3)
A location sketch or, where deemed appropriate by
the Zoning Administrator, a plat of survey prepared by a registered
land surveyor showing the location, boundaries, dimensions, elevations
of the site and the proposed development. The scale shall not be smaller
than one inch equals 40 feet. The sketch or plat of survey shall show
uses and sizes of the following, where applicable: subject site; existing
and proposed structures; existing and proposed easements, streets
and other public ways; off-street parking, loading areas and driveways;
existing highway access restrictions; and existing and proposed street,
side and rear yards. In addition, the sketch or plat of survey shall
show the location, elevation and use of any abutting lands and their
structures within 40 feet of the subject site.
(6)
Additional information as may be required by the Zoning
Administrator or the Plan Commission and Town Board (if involved).
C.
Action.
(1)
A zoning permit in an agricultural or residential
district shall be granted or denied in writing by the Zoning Administrator
within seven working days. Business and industrial zoning permits
shall be granted or denied in writing within 30 calendar days.[3]
(2)
The permit shall expire within six months unless substantial
work has commenced or within 18 months after the issuance of the permit
if the structure for which a permit is issued is not substantially
completed, in which case of expiration the applicant shall reapply
for a zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions
of this chapter shall be null and void.
D.
Uses not requiring a zoning permit. No zoning permit
shall be required for any of the following cases; however, any work
that qualifies for an exemption under this subsection shall be required
to comply with the applicable setback, yard, height and other requirements
set forth in this Zoning Code:
(1)
For building an accessory building less than 150 square
feet in area.
(2)
For any improvement or alteration to an existing building
less than 150 square feet in area which does not effect a change in
use.
(3)
For repairs that do not alter the size or position
of an existing structure on a lot. Such repairs shall not include
the replacement or alteration of bearing walls.
A.
No vacant land shall be occupied or used, and no building
or premises shall be erected, altered or moved or create a change
in use, and no nonconforming use shall be reestablished, renewed,
changed or extended until a certificate of compliance shall have been
issued by the Building Inspector. Such certificate shall show that
the building or premises or part thereof is in compliance with the
provisions of this Zoning Code. Such certificate shall be applied
for at the time of occupancy of any land and/or building.
B.
No building located in a business or industrial zone
and used for business or industrial purposes shall be occupied by
a new tenant or a new owner or shall have the use changed without
the issuance of a new certificate of compliance by the Building Inspector.
Such certificate shall show that the building or premises or part
thereof is in compliance with the provisions of the Zoning Code, Building
Code, Electrical Code, Fire Prevention Code and the Plumbing Code
of the Town of Trenton and State of Wisconsin.[1] Such certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for a certificate of compliance shall be made in the same manner as for a zoning permit pursuant to § 380-114 of this Zoning Code.
A.
Purpose and intent.
(1)
For the purpose of promoting compatible development
and stability of property values and to prevent impairment or depreciation
of property values, no person shall commence any use or erect any
structure, with the exception of agricultural structures, and single-family
and two-family dwellings without first obtaining the approval of the
Plan Commission of detailed site and architectural plans as set forth
in this section.
(2)
The Plan Commission shall review the site, existing
and proposed structures, architectural plans, neighboring uses, utilization
of landscaping and open space, parking areas, driveway locations,
loading and unloading in the case of commercial and industrial uses,
highway access, traffic generation and circulation, drainage, sewerage
and water systems and the proposed operation.
B.
Principles. To implement and define criteria for the purposes set forth in Subsection A, the following principles are established:
(1)
No building shall be permitted, the design or exterior
appearance of which is of such unorthodox or abnormal character in
relation to its surroundings as to be unsightly or offensive to generally
accepted taste and community standards.
(2)
No building shall be permitted, the design or exterior
appearance of which is so identical with those adjoining as to create
excessive monotony or drabness.
(3)
No building shall be permitted where any exposed facade
is not constructed or faced with a finished material which is aesthetically
compatible with the other facades and presents an attractive appearance
to the public and to surrounding properties.
(4)
No building or sign shall be permitted to be sited
on the property in a manner which would unnecessarily destroy or substantially
damage the natural beauty of the area, particularly insofar as it
would adversely affect values incident to ownership of land in that
area or which would unnecessarily have an adverse affect on the beauty
and general enjoyment of existing structures on adjoining properties.
(5)
No building or use shall be permitted that would have
a negative impact on the maintenance of safe and healthful conditions
in the Town.
(6)
Buildings and uses shall maintain existing topography,
drainage patterns and vegetative cover insofar as is practical.
(7)
Buildings and uses shall provide for safe traffic
circulation and safe driveway locations.
(8)
Buildings and uses shall provide adequate parking
and loading areas.
(9)
Buildings and uses shall be provided with adequate
public services.
(10)
Buildings and uses shall make appropriate use
of open spaces, and the Town Plan Commission may require appropriate
landscaping and planting screens.
C.
Administration. Plan data shall be submitted to the
Building Inspector who shall transmit all applications and their accompanying
plans to the Plan Commission for its review. Plan data to be submitted
with all plan review applications shall include the following:
(1)
Site plan drawn to a recognized engineering scale.
(2)
Name of project noted.
(3)
Owner's and/or developer's name and address noted.
(4)
Architect's and/or engineer's name and address noted.
(5)
Date of plan submittal.
(6)
Scale of drawing noted on plan.
(7)
Existing and proposed topography shown at a contour
interval not less than two feet.
(8)
The characteristics of soils related to contemplated
specific uses.
(9)
Total number of parking spaces noted.
(10)
The type, size and location of all structures
with all building dimensions shown.
(11)
Indicate height of building(s).
(12)
Existing and proposed street names indicated.
(13)
Indicate existing and proposed public rights-of-way
and widths.
(14)
North arrow shown.
(15)
Locate existing and general location of proposed
sanitary sewers, storm sewers and water mains.
(16)
Locate any proposed stormwater management facilities,
including detention/retention areas.
(17)
A graphic outline of any development staging
that is planned is required to be shown on the site plan.
(18)
Architectural plans, elevations and perspective
drawings and sketches illustrating the design and character of proposed
structures.
D.
Review and findings. The Plan Commission shall review
the referred plans at the first regular Plan Commission meeting following
their submittal. The Plan Commission shall render a decision no later
than the following regular Plan Commission meeting. The Plan Commission
shall not approve any plans unless it finds, after viewing the application,
that the structure or use, as planned, will not violate the intent
and purpose of this Zoning Code. The Plan Commission will approve
said plans only after determining the proposed building or buildings
will not impair an adequate supply of light and air to adjacent property,
or substantially increase the danger of fire or traffic congestion,
or otherwise endanger the public health or safety.
E.
Sureties. The Plan Commission may impose time schedules
for the completion of buildings, parking areas, open space utilization
and landscaping. The Plan Commission may require appropriate sureties
to guarantee that improvements will be completed on schedule.
F.
Appeals. Any person or persons aggrieved by any decision
of the Plan Commission related to plan review may appeal the decision
to the Board of Adjustment. Such appeal shall be filed with the Town
Clerk within 30 days after filing of the decision with the Building
Inspector.
All development which occurs in any business,
industrial, institutional or planned development district shall require
the execution of a developer's agreement which covers in some detail
the manner and methods by which the land will be developed. The Plan
Commission may impose time limits for the completion of projects and
may require the execution of an irrevocable letter of credit or other
appropriate surety to guarantee that the project will be completed
on schedule.
A.
Permit fees. All persons, firms or corporations performing
work which by this Zoning Code requires the issuance of a permit shall
pay a fee for such permit to the Town Clerk to help defray the cost
of administration, investigation, advertising and processing of permits
and variances. Fees shall be as set forth on the schedule of deposits,
bonds and fees.[1]
B.
Reimbursement for professional fees. The permit applicant
shall pay a fee equal to the cost of any legal, engineering, professional,
administrative, or fiscal work which may be undertaken by the Town
in connection with the permit request.
C.
Payment. All fees shall be paid in full within 30
days of invoicing. As a condition of the review of any application
for any type of permit as required under the provisions of this chapter,
the applicant shall pay to the Town Clerk all fees as required by
the Town Code before being entitled to any approvals or permits. No
application filed pursuant to this chapter shall be considered complete
unless and until all fees due pursuant to this chapter have been paid.
Every approval granted and every permit issued pursuant to this chapter,
whether or not expressly so conditioned, shall be deemed to be conditioned
upon payment of the required fees. The failure to pay any such fee
fully when due shall be grounds for the Town of Trenton to refuse
to process, or to continue to process, an application and to deny
or revoke any permit or approval sought or issued with respect to
the land or development to which the unpaid fee(s) relates.
D.
Double fee. A double fee may be charged by the Zoning
Administrator if work is started before a permit is applied for and
issued. Such double fee shall not release the applicant from full
compliance with this Zoning Code nor from prosecution for violation
of this Zoning Code.
A.
Violations. It shall be unlawful to use or improve
any structure or land or to use water or air in violation of any of
the provisions of this chapter. In case of any violation, the Town
Board, the Zoning Administrator, the Plan Commission or any property
owner who would be specifically damaged by such violation may cause
appropriate action or proceedings to be instituted to enjoin a violation
of this chapter or cause a structure to be vacated or removed.
B.
Remedial action. Whenever an order of the Zoning Administrator
has not been complied with within 30 days after written notice has
been mailed to the owner, resident agent or occupant of the premises,
the Town Board, the Zoning Administrator or the Town Attorney may
institute appropriate legal action or proceedings.
C.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Chapter 1, § 1-5 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. The Town shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution provided for in Chapter 1, § 1-5.
