There is hereby established a Plan Commission for the Town of
Barton, Wisconsin, in accordance with § 62.23, Wis. Stats.
[Amended 4-20-2004 by Ord. No. 04-003]
The Plan Commission shall consist of the Town Chair, who shall
be its presiding officer, a Town Supervisor nominated by any member
of the Town Board and approved by the Town Board as the appointing
authority, who shall serve for three years, unless his office becomes
vacant, and five citizens appointed for three-year terms. The citizen
members shall be appointed by the Town Board. The Town Chair or any
Town Board Supervisor may nominate a citizen member to the Plan Commission,
and the Town Board from the nominations shall thereafter make the
appointment by majority vote to the Plan Commission.
A. Presiding officer. The presiding officer shall be the Town Chair.
B. Secretary. The Secretary shall be appointed by the Town Chair.
C. Official oaths. The official oaths shall be taken by all members
in accordance with § 19.01, Wis. Stats., within five days
of receiving notice of their appointments.
D. Terms. Terms for the citizen members shall commence in the first
week in May, and each term shall be staggered, and each term shall
be for a three-year period.
The Plan Commission shall organize and adopt rules for its own
government in accordance with the provisions of this chapter.
A. Meetings. Meetings shall be held monthly or at the call of the Town
Chair or a majority of the full Plan Commission and shall be open
to the public.
B. Standing and special committees. Standing and special committees
may be appointed by the Chair.
C. Quorum. Quorum shall be four members, but all actions shall require
approval of a majority of the full Commission, except a motion to
adjourn.
D. Minutes. Minutes shall be kept showing all actions taken, resolutions,
findings, determinations, transactions, and recommendations made,
and a copy shall be filed with the Town Clerk (or other Town Board
authorized agent) as a public record.
E. Rules of procedure. The Plan Commission may adopt rules for the transaction
of business and shall keep a record of its resolutions, transactions,
findings, and determinations, which shall be a public record.
F. Compensation. The Plan Commission shall receive compensation for
service on the Plan Commission as the Town Board may determine.
The Plan Commission shall have such powers as may be necessary
to enable it to perform its functions and duties and promote municipal
planning. Such powers shall include, but not be limited to, the following:
A. Employment of experts. To employ experts and a staff and to pay for
their services, supplies, equipment, and such other expenses as may
be necessary and proper, not to exceed the appropriations and regulations
made by the Town Board, or placed at its disposal through gift, and
subject to any ordinance or resolution enacted by the Town Board.
B. Reports and recommendations. To make reports and recommendations
relating to the plan and development of the municipality to public
officials, agencies, utilities, and other organizations and citizens.
C. Public improvement programs. To recommend public improvement programs
and financing thereof to the Town Board or Town Chair.
D. Request available information. To request available information from
any public official to be furnished within a reasonable time.
E. Enter upon any land. The Plan Commission, its members, and employees
may enter upon any land in the performance of its functions, make
examinations and surveys, and place and maintain necessary monuments
and marks thereon.
The Plan Commission shall have the following functions and duties:
A. Make and adopt a Comprehensive Plan. To make and adopt a Comprehensive
Plan, or element or component thereof, for the physical development
of the Town of Barton and, from time to time, extend or add to the
Comprehensive Plan in accordance with § 62.23(3), Wis. Stats.
B. Make and recommend an Official Map. To make and recommend an Official
Map to the Town Board in accordance with § 62.23, Wis. Stats.
C. Prepare and recommend a zoning district plan and regulations. To
prepare and recommend a zoning district plan and regulations to the
Town Board in accordance with § 62.23, Wis. Stats.
D. Prepare and recommend land division regulations. To prepare and recommend
land division regulations to the Town Board in accordance with § 236.45,
Wis. Stats.
E. Changes to the Comprehensive Plan. To make any changes to the Comprehensive Plan it deems necessary or desirable and to recommend any changes or amendments to the Town Board that it deems necessary or desirable concerning the Official Map and Official Map Ordinance, this chapter and Chapter
340, Land Division, and other ordinances as deemed related.
F. Matters referred to the Plan Commission. To consider and report or
recommend on all matters referred to it, including, but not limited
to, special use permits.
G. Variances to the land division and platting provisions of this chapter.
The granting of variances to the land division and platting-related
aspects of this chapter shall be the sole charge of the Plan Commission.
[See State ex rel. Westbrook v. City of New Berlin, 120 Wis.2d 256,
354 N.W.2d 206 (Ct. App. 1984).]
H. Hold public hearings and informational meetings. To hold public hearings
and informational meeting on matters referred to the Plan Commission.
The Town Board or other public body or officer of the Town,
having final authority thereon, shall refer to the Plan Commission,
for its consideration and report before final action is taken, the
following matters:
A. Public buildings. Location and architectural design of any public
building.
B. Statues and memorials. Location of any statue or other memorial.
C. Streets, alleys, or other public way, park, playground, airport,
parking area, or other memorial or public grounds. Location, acceptance,
extension, alteration, vacation, abandonment, change of use, sale,
acquisition, or lease of land for any street, alley, or other public
way, park, playground, airport, parking area, or other memorial or
public grounds.
D. Public utilities. Location, extension, abandonment, or authorization
for any public utility whether publicly or privately owned.
E. Public or semipublic housing, slum clearance, relief of congestion,
or vacation camps for children. Location, character, and extent, or
acquisition, leasing, or sale of lands for public or semipublic housing,
slum clearance, relief of congestion, or vacation camps for children.
F. Subdivision plats and certified survey maps. All subdivision plats
and certified survey maps in the Town of Barton or within the territory
over which the Town is given platting jurisdiction by Ch. 236, Wis.
Stats.
G. Annexations, incorporations, detachments, or consolidations. All
annexations, incorporations, detachments, or consolidations affecting
the Town.
H. Changes and amendments. All proposed or requested changes and amendments to the Town's Comprehensive Plan or elements and/or components thereof, Official Map Ordinance, this chapter, and Chapter
340, Land Division.
I. All matters required to be referred by the Wisconsin State Statutes. All matters required to be referred to the Plan Commission as provided in § 62.23, Wis. Stats., and all other matters required to be referred to the Plan Commission by any other statute of the State of Wisconsin or by any ordinance of the Town of Barton, including this chapter and Chapter
340, Land Division.
There is hereby established a Zoning Board of Appeals in the
Town of Barton for the purpose of hearing appeals and applications
and granting variations and exceptions to the provisions of this chapter
in harmony with the purpose and intent of this chapter.
The Zoning Board of Appeals shall consist of five members appointed
by the Town Chair and confirmed by the Town Board. In addition:
A. Terms. Terms of the Zoning Board of Appeals shall be staggered three-year
periods.
B. Chair. The Chair of the Zoning Board of Appeals shall be designated
by the Town Chair.
C. Vice Chair. The Vice Chair of the Zoning Board of Appeals shall be
designated by the Town Chair.
D. Two alternate members. Two alternate members of the Zoning Board
of Appeals shall be appointed by the Town Chair for a term of three
years and shall act only when a regular member is absent or refused
to vote because of conflict of interest.
E. Zoning Administrator and Building Inspector. The Zoning Administrator
shall attend, and the Building Inspector may attend, all meetings
of the Zoning Board of Appeals for the purpose of providing technical
assistance when requested by the Zoning Board of Appeals.
F. Official oaths. Official oaths shall be taken by all members of the
Zoning Board of Appeals in accordance with § 19.01, Wis.
Stats., within five days of receiving notice of their appointment.
G. Vacancies. Vacancies of the Zoning Board of Appeals shall be filled
for the unexpired term in the same manner as appointments for a full
term.
H. Recording secretary. The recording secretary shall be the Zoning
Administrator.
The Zoning Board of Appeals shall organize and adopt rules of
procedure for its own government in accordance with the provisions
of this chapter.
A. Meetings. Meetings of the Zoning Board of Appeals shall be held at
the call of the Chair or, if the Chair is not available, the Vice
Chair, based upon an application filed with the Zoning Administrator.
All meetings of the Zoning Board of Appeals shall be open to the public.
B. Minutes. Minutes of the proceedings of the Zoning Board of Appeals
and a record of all actions shall be kept by the Secretary, showing
the vote of each member upon every question, the reasons for the Zoning
Board of Appeals determination, and its findings of facts. These records
shall be immediately filed in the office of the Zoning Board of Appeals
and shall be a public record.
The Zoning Board of Appeals shall have the following powers:
A. Errors. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by the
Zoning Administrator or the Building Inspector.
B. Variances and minor variances. To hear and grant applications for
variances (except variances relating to land divisions) pursuant to
the provisions of § 62.23(7)(e)7, Wis. Stats., as amended
from time to time, and to hear and grant applications for minor variances
pursuant to this article of this chapter. Use variances shall not
be granted.
C. Interpretations. To hear and decide applications for interpretation
of the zoning regulations and the boundaries of the zoning districts
after the Plan Commission has made a review and recommendation.
D. Substitutions. To hear and grant applications for substitution of
more restrictive nonconforming uses for existing nonconforming uses,
provided no structural alterations are to be made and the Plan Commission
has made a review and recommendation. Whenever the Zoning Board of
Appeals permits such a substitution, the use may not thereafter be
changed without application.
E. Unclassified uses. To hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Plan Commission
has made a review and recommendation.
F. Temporary uses. To hear and grant applications for temporary uses
in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure, and are compatible
with the neighboring uses, and the Plan Commission has made a review
and recommendation. The permit shall be temporary, revocable, subject
to any conditions required by the Zoning Board of Appeals, and shall
be issued for a period not to exceed 12 months. Compliance with all
other provisions of this chapter shall be required.
G. Permits. The Zoning Board of Appeals may reverse, affirm wholly or
partly, modify the requirements appealed from, and may issue or direct
the issue of a permit.
H. Assistance. The Zoning Board of Appeals may request assistance from
other Town officers, departments, commissions, and boards.
I. Oaths. The Chair of the Zoning Board of Appeals may administer oaths
and compel the attendance of witnesses.
Appeals from the decision of the Zoning Administrator and the Building Inspector concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the Town. Such appeals shall be filed with the recording secretary of the Zoning Board of Appeals within 30 days after the date of written notice of the decision or order of the Zoning Administrator or Building Inspector. Applications may be made by the owner or lessee [with signed written permission of the owner(s) only] of the structure, land, or water to be affected at any time and shall be filed with the Secretary. Such appeals and application shall include that information and data as required under §
500-163 of this chapter.
No variance to the provisions of this chapter shall be granted
by the Zoning Board of Appeals unless it finds beyond a reasonable
doubt that all the following facts and conditions exist and so indicates
in the minutes of its proceedings:
A. Preservation of intent. No variance shall be granted that is not
consistent with the purpose and intent of the regulations for the
district in which the development is located. No variance shall have
the effect of permitting a use in any district that is not a stated
permitted use, accessory use, or special use in that particular district.
B. Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to the lot or parcel,
structure, use, or intended use that do not apply generally to other
properties or uses in the same district, and the granting of the variance
would not be of so general or recurrent a nature as to suggest that
this chapter should be changed.
C. Economic hardship and self-imposed hardship not grounds for variance.
No variance shall be granted solely on the basis of economic gain
or loss. Self- imposed hardships shall not be considered as grounds
for the granting of the variance.
D. Preservation of property rights. The variance must be necessary for
the preservation and enjoyment of substantial property rights possessed
by other properties in the same district and same vicinity.
E. Absence of detriment. No variance shall be granted that will create
substantial detriment to adjacent property and will materially impair
or be contrary to the purpose and spirit of this chapter or the public
interest.
Any person or persons aggrieved by any decision of the Zoning
Board of Appeals may present to the court of record a petition duly
verified setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the office
of the Zoning Administrator.