There shall be a Vernon Board of Appeals consisting of five
members and two alternates who shall be appointed by the Town Board,
but not more than one supervisor may be a member of the Vernon Board
of Appeals. Vernon Board of Appeals members shall be appointed for
terms of one, two, and three years respectively, dating from the first
day of the month next following the appointment. Successors shall
be appointed in like manner at the expiration of each term, and their
terms of office shall be three years in all cases and until their
successors are appointed or elected. The members of the Vernon Board
of Appeals shall all reside within the Town. The Vernon Board of Appeals
shall choose its own chair. The Town Board may compensate the members
of the Vernon Board of Appeals. Vacancies shall be filled for the
unexpired term of any Vernon Board of Appeals member or alternate
whose term becomes vacant.
A.
Meetings. The Vernon Board of Appeals shall adopt rules for the conduct
of the business, in accordance with the provisions of this code and
§ 62.23(7)(e), Wis. Stats. Meetings of the Vernon Board
of Appeals shall be held at the call of the chair and at such other
times as the Vernon Board of Appeals may determine. Such chair, or
in his absence the acting chair, may administer oaths and compel the
attendance of witnesses. All meetings of the Vernon Board of Appeals
shall be open to the public. The Vernon Board of Appeals shall keep
minutes of its proceedings, showing the vote of each member upon each
question, or if absent 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 Vernon Board of Appeals
and shall be a public record.
B.
Appeals.
(1)
How filed. Appeals to the Vernon Board of Appeals may be taken by
any person aggrieved or by any officers, department, board or bureau
of the Town affected by any decision of the Town Zoning Administrator.
Such appeal shall be taken within 65 days as provided by the rules
of the Vernon Board of Appeals, by filing with the Town Zoning Administrator
from whom the appeal is taken and with the Vernon Board of Appeals
a notice of appeal specifying the grounds thereof, together with the
proper fee as established by the Town Board. The Town Zoning Administrator
from whom the appeal is taken shall forthwith transmit to the Vernon
Board of Appeals all papers constituting the record upon which the
action appealed from was taken.
(2)
Stay. An appeal shall stay all legal proceedings in furtherance of
the action appealed from, unless the Town Zoning Administrator from
whom the appeal is taken certifies to the Vernon Board of Appeals,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Vernon Board of Appeals or by a court of record
on application, on notice to the Town Zoning Administrator from whom
the appeal is taken and on due cause shown.
(3)
Hearing. Each appeal shall be heard within a reasonable time and
not to exceed 65 days from the time the appeal was filed with the
Vernon Board of Appeals. Notice of hearing shall be given by publishing
in a paper of general circulation in the vicinity of the appeal, at
least once each week for two consecutive weeks and not less than seven
days from the date of the hearing. In addition, written notice shall
be given to the Town Zoning Administrator appealed from, and by certified
mail to the applicant, the owners of each parcel of land within 300
feet of the land in question, and any other specifically interested
parties. At the hearing, any party may appear in person or by agent
or by attorney.
(4)
Decisions. Decision on any appeals shall be made in writing within
35 days after completion of the hearing thereon.
C.
Powers.
(1)
Defined. The Vernon Board of Appeals shall have the following powers
as defined by statute: To hear and decide appeals where it is alleged
there is error in any order, requirements, decision, or determination
made by the Town Zoning Administrator in the enforcement of this code.
To authorize upon appeal, in specific cases, variances from the terms
of this code that will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement of the provisions
of this code will result in unnecessary hardship, and so that the
spirit of this code shall be observed and substantial justice done.
(2)
Additional requirements. In making its determination, the Vernon
Board of Appeals shall consider whether the variance or use allowed
by law would be hazardous, harmful, noxious, offensive or a nuisance
to the surrounding neighborhood by reason of physical, social or economic
effects; and may impose such requirements and conditions with respect
to location, construction, maintenance and operation, in addition
to any which may be stipulated in this code, as the Vernon Board of
Appeals may deem necessary for the protection of adjacent properties
and the public interest and welfare.
(3)
Performance standards. In order to reach a fair and objective decision,
the Vernon Board of Appeals may utilize and give recognition to appropriate
performance standards which are available in model codes or ordinances,
or which have been developed by planning, manufacturing, health, architectural
and engineering research organizations.
(4)
Enforcement of decision. In exercising the powers set out in this code, the Vernon Board of Appeals may, in conformity with the provisions of this code, reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determination appealed from, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the Town Zoning Administrator from whom the appeal is taken; and may issue or direct the issuance of a zoning use permit provided that no such action shall have the effect of permitting in any district a use prohibited in that district; or rezoning; or of permitting, without the approval of the Town Board, any building within the base setback area as established by § 300-9A or of granting exceptions to any federal, state, county, or local rules or requirements.
(5)
Required vote. If a quorum is present, the Vernon Board of Appeals
may take action under this section by a majority vote of members present.
The grounds of every such determination shall be stated.
(6)
Further appeal. Any person or persons jointly or severally aggrieved
by any decision of the Vernon Board of Appeals, or any taxpayer, or
any officer, department, board or bureau of the Town, may appeal from
a decision of the Vernon Board of Appeals within 30 days after the
filing of the decision in the office of the Vernon Board of Appeals
in the manner provided in § 62.23(7)(e)(10), Wis. Stats.
(7)
Expiration. The owner or petitioner must exercise any variance that
does not involve a permit within three years of the date of the Vernon
Board of Appeals granting the variance, or prior to the expiration
of the permit if a permit is issued contemporaneously with or prior
to the grant of the variance, or the approval shall expire and become
null and void, and no refund of any fees shall be made. The Vernon
Board of Appeals, upon a written request, may grant an extension of
approval without additional fee, prior to such expiration, for good
cause as determined by the Vernon Board of Appeals.
Subject to the provisions of § 60, 62, 61.35 and 62.23(7),
Wis. Stats., the Town Board may, from time to time, after first submitting
the proposal to the Town Plan Commission for report, and after notice
and public hearing as provided in this code, amend, supplement or
change the boundaries of districts or the regulations as established
in this code or which may be subsequently established. Such proposal
may be initiated by the Town Board on its own motion, by recommendation
of the Town Plan Commission or by petition of one or more property
owners.
A.
Procedure.
(1)
Filing of petition. All petitions for any change in the text or map submitted by any person or agency other than the Town Board or the Town Plan Commission shall be prepared in triplicate on printed forms provided for that purpose by the Town Clerk. Such petition shall be filed with the Town Clerk and shall be accompanied by a fee as regulated in § 300-46B(4) and payable to the Town to defray the costs of advertising, investigation, and possible changes in the text or map of this code.
(2)
Data required. In addition to all of the information required on
the application form, the applicant shall supply the following:
(a)
A plot map in triplicate drawn to a scale of not less than one
inch equals 100 feet showing the land in question, its location, the
length and direction of each boundary thereof, the location and existing
use of all buildings on such land and the principal use of all properties
within 300 feet of such land.
(b)
The names and addresses of the owners of all properties within
300 feet of any part of the land included in the proposed change.
(c)
In the case of a request for a map amendment, the applicant
shall submit documentation or a letter of compliance from the Town
Planner and Waukesha County that the proposed request complies with
the Town of Vernon Comprehensive Plan and Waukesha County Development
Plan.
(d)
Any further information which may be required by the Town Plan
Commission to facilitate the making of a comprehensive report to the
Town Board, including a detailed description of the intended new use.
(3)
Referral.
(a)
The Town Clerk shall transmit without delay one copy of such
petition to the Town Plan Commission and one copy to Waukesha County.
(b)
The Town Plan Commission shall conduct the necessary investigation,
schedule a public hearing, and report its recommendation to the Town
Board within a reasonable time after the hearing.
(4)
Hearing. Upon the recommendation of the Town Plan Commission and proper notice per § 300-46B, the Town Board shall hold a public hearing thereon.
(5)
Decision. The Town Board shall make a decision within an appropriate
timeframe after receipt of the Town Plan Commission recommendation.
(6)
Three-fourths vote in case of protest. In case of protest against
such change duly signed and acknowledged by the owners of 20% or more
either of the areas of land included in such proposed amendments,
supplement or change, or by the owners of 20% or more of the area
of the land immediately adjacent and 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 amendment, supplement or change shall require a three-fourths
vote of the members of the Town Board.
(7)
Effective upon county approval.
B.
Public hearing, purpose. In order that the owners of property involved
and other legitimately interested parties may have fair opportunity
to be heard, adequate notice shall be given of any public hearing
required by this code.
(1)
Posting and publishing.
(a)
Except as may be otherwise specifically provided in this code,
notice of public hearing shall be given by publication for two consecutive
weeks in the official newspaper of the Town or in the newspaper of
general circulation in the area of the proposed change, conditional
use, and variance at least seven days before such public hearing.
The failure of such notice to reach any property owner, provided such
failure is not intentional, shall not invalidate any amending ordinance,
variance or granting of conditional use.
(b)
When the hearing involves a proposed change in the zoning district
classification of any property, the granting of a conditional use,
or are appealed to the Vernon Board of Appeals, the notices shall
be posted by the Town Clerk and shall mail, by first class, letters
of the public hearing to the owners of all lands within 300 feet of
any part of the land included in such proposed change, conditional
use or variance at least 10 days before such public hearing. The failure
of such notice to reach a property owner, provided such failure is
not intentional, shall not invalidate any amending ordinance, variance,
or grant of conditional use.
(c)
Notice of public hearing shall be sent to the Waukesha County
Board Supervisor(s) representing the subject area, the Waukesha County
Department of Parks and Land Use Planning and Zoning Division, the
State Department of Natural Resources, and Federal Insurance Administrator
(FEMA) if lying within the jurisdiction of the Waukesha County Shoreland
and Floodland Protection Ordinance.
(2)
Information. Such notices shall state the time and place of such
public hearing and the purpose for which the hearing is held.
(3)
Filing. Where such hearing is required by the provisions of this code as a result of the request for other than a zoning change, such requests shall be presented to the Town Clerk in writing and shall be accompanied by a map or description clearly identifying the property, along with a fee as set forth in § 300-46B(4) payable to the Town to defray the cost of notification and holding of the public hearing.
(4)
Fee schedule. The fees referred to in other provisions of this code
shall be established by the Town Board in a fee schedule and may,
from time to time, be modified by resolution. Processing fees are
related to costs involved in handling conditional use petitions, appeals
to the Vernon Board of Appeals, and zoning amendments and changes.
(5)
Special meeting. If an applicant requests a special meeting (other
than a regular Town Plan Commission or Town Board meeting) all costs
incurred will be the responsibility of the applicant.
A.
Personnel designated. The Town Planner is designated as the Town
Zoning Administrator for the provisions of this code under the direction
of the Town Board.
[Amended 2-7-2019 by Ord.
No. 2019-01]
B.
Duties. In the enforcement of this code, the Town Building Inspector
shall perform the following duties:
(1)
Issue the necessary zoning use permits, provided the provisions of
this code and applicable Town ordinances have been complied with.
(2)
Keep an accurate record of all permits, numbered in the order of
issuance, in a record book provided by the Town for this purpose.
(3)
Maintain accurate records and maps pertinent hereto and any amendments
or changes thereto.
C.
Authority. In the enforcement of this code the Town Building Inspector
shall have the power and authority for the following:
(1)
At a reasonable time, upon reasonable notice or as authorized through
conditions of a site plan and plan of operation and/or conditional
use approval, and for proper purpose, to enter upon any public or
private premises to make inspections thereof.
(2)
Upon reasonable cause or question as to proper compliance, to revoke
any building, zoning use or occupancy permit and issue cease and desist
orders requiring the cessation of any building, moving, alteration
or use which is in violation of the provisions of this code. Such
revocation to be in effect until reinstated by the Town Building Inspector
or the Vernon Board of Appeals.
(3)
In the name of the Town and with the authorization of the Town Board,
to commence any legal proceedings necessary to enforce the provisions
of this code or applicable Town ordinances, including the collection
of forfeitures provided for in this code.
A.
Penalties. Any person who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists the enforcement of, any of
the provisions of this code, shall be subject to a forfeiture of not
less than $10 and not to exceed the sum of $2,000 for each offense,
together with the costs of the action, and, in default of the payment
thereof, shall be imprisoned in the county jail for a period of not
to exceed six months, or until such forfeiture and the subsequent
costs have been paid. Each day that a violation is permitted to exist
shall constitute a separate violation and be punishable as such.
B.
Enforcement by injunction. Compliance with the provisions of this
code may also be enforced by injunctional order at the suit of the
Town or one or more owners of real estate situated within the area
affected by the regulations of this code. It shall not be necessary
to prosecute for fine or imprisonment before resorting to injunctional
procedures.
C.
Declared nuisances. Any building erected, structurally altered, or
placed on a lot, or become dilapidated, or out of repair, or any use
carried on in violation of the provisions of this code, is declared
to be a nuisance per se, and the Town may apply to any court of competent
jurisdiction to restrain or abate such nuisance.
A.
Repeal of conflicting ordinances. All other ordinances or parts of
ordinances in conflict with the provisions of this code are hereby
repealed.
B.
Declaration of severability. The several sections, provisions, and
paragraphs of this code are herby declared to be severable. If any
section, provision, and paragraph of this code shall be declared by
a decision of a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the other provisions of
this code, or of the section of which the invalid portion or paragraph
may be a part.
C.
Effective date. This code shall be in full force and effect upon
passage and publication by the Town Board and upon approval of the
Waukesha County Board of Supervisors, said publication to consist
of posting of three copies thereof in three public places in said
Town.
D.
Adoption. This code was adopted by the Town of Vernon Board of Supervisors
on September 14, 2016 and the Waukesha County Board of Supervisors
on November 22, 2016.
