Town of Rome, WI Administration and Enforcement

Board of Appeals. Notice of the time and place for hearings of an appeal or other matter referred to the Board of Appeals shall be made by a Class 2 notice and by posting the same in at least three public places in the Town. The Zoning Administrator shall also mail a copy of the notice to all parties of interest and to the owners of other properties located within 200 feet of the land included in the application. Said posting and mailing shall be at least 10 days prior to the date of hearing.

Plan Commission. Notice of the time and place for hearings for zoning amendments or modifications and conditional use requests before the Plan Commission shall be published as a Class 2 Notice, under Ch. 985, Wis. Stats., and at least 10 days' prior written notice shall be given to the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the hearing application. The Zoning Administrator shall also mail a copy of the notice to all parties of interest and to the owners of other properties located within 200 feet of the land in the application. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.

[Amended 4-15-2021 by Ord. No. 21-09]

Evidence. The applicant may appear in person or be represented by his agent or attorney. In the absence of an appearance for or against an application, the application may be denied.

Decision. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required upon the finding that these are necessary to fulfill the purpose and intent of this chapter. A permit shall be valid only as long as the conditions upon which it is granted are observed.

The final disposition shall be in written form stating the reasons for the determination with findings of fact, signed by the Chairperson and the Secretary and a copy of the decision shall be sent to the applicant, Zoning Administrator and Town Board within 30 days of the hearing.

When all applications cannot be disposed of on the day set, the hearing may be adjourned from day to day and such adjourned day shall be construed as a continuance of the hearing.

No member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the Chairperson shall direct an alternate member to act instead. Disqualification of a member for interest shall not decrease the number of votes required for acting upon any matter, but such member may be counted in determining whether a quorum is present for the transaction of business.

Any subsequent substantial change or addition to the plans or uses shall be submitted for approval and if such change or addition constitutes a substantial alteration of the original plan, a notice of public hearing as for the original petition shall be scheduled.

§ 360-21 Reconsideration.

Resubmission. No application which has been dismissed or denied shall be considered again without material alteration or revision within one year of the decision, except on the grounds that substantial new evidence or proof of change to comply with the applicable conditions is included in the resubmitted application.

Rehearing. No rehearing shall be held except upon the affirmative vote of four or more members upon finding that substantial new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing, shall state the reasons for the request and shall be accompanied by necessary data and diagrams. Rehearings shall be subject to the same notice requirements as original hearings.

§ 360-22 Zoning permits.

A zoning permit shall be required for any change in the use of land and for any construction, relocation or alteration of a building or structure. Alterations that do not change the exterior dimensions of the building or structure shall be exempt from the requirement of a zoning permit.

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued unless the application for such permit has been examined and approved by the Zoning Administrator. Any permit issued in conflict with the provisions of this chapter shall be null and void.

Application. All applications shall be filed with the Zoning Administrator on the prescribed form(s) together with the fee set by the Town Board. The application shall be accompanied by such plans and/or data required by the Zoning Administrator. In the event that the lot lines for the subject property are not readily identifiable, the Zoning Administrator has the authority to require that the applicant have the lot lines located and marked by a registered land surveyor.

The Zoning Administrator shall, after reviewing an application for a zoning permit, determine whether all requirements of this chapter have been satisfied. The Zoning Administrator shall issue the permit if that burden is satisfied. If it is not satisfied, the Zoning Administrator shall issue a written denial explaining the reasons that the application was denied.

The Zoning Administrator shall retain continuing jurisdiction over all permitted uses for the purpose of resolving complaints and may order the removal or discontinuance of any unauthorized alterations or violations.

Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued or should the use or characteristics of the use be changed without prior approval, the permit may be revoked.

A permit shall expire 24 months from the date of issuance. The permit may be extended for a period of 90 days for justifiable cause, if an application is made to the Zoning Administrator at least 30 days before the expiration of said permit. Where a permitted use does not continue in conformity with the conditions of the original approval, the permit shall be terminated and may be considered as a violation of this section.

§ 360-23 Revocation.

Upon written complaint by any citizen or official, the Zoning Administrator shall determine if the complaint indicates a reasonable probability that a condition of approval or other requirement imposed hereunder is in violation of this chapter. Upon reaching a positive initial determination, a stop order shall be issued and a hearing shall be held upon notice as provided in this section. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. In order to bring the subject use into compliance with the standards set forth in this section or conditions previously imposed, existing conditions may be modified or additional reasonable conditions imposed. In the event that no reasonable modification can be made an order may be given to revoke the subject approval and direct the Zoning Administrator and the Town Attorney, if necessary, to seek elimination of the subject use.

§ 360-24 Amendments.

Purpose. For the purpose of promoting the public health, safety, morals, comfort, and general welfare, conserving the value of property throughout the Town, and lessening or avoiding congestion in the public streets and highways, the Town Board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this chapter, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of such amendatory ordinance.

Procedure.

An application for a zoning amendment shall be submitted to the Zoning Administrator on the prescribed form(s) together with the fee established by the Town Board.

The Zoning Administrator shall forward the application to the Plan Commission, which shall set a public hearing on the application within 60 days of its submission. The notice for the public hearing shall include a legal description for the property affected and shall include a statement that a map of the property affected may be obtained from the Zoning Administrator.

Standards. Within 30 days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit the same together with its recommendations to the Town Board. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

Existing use of property within the general area of the property in question.

The zoning classification of property within the general area of the property in question.

(c)

The suitability of the property in question to the uses permitted under the existing zoning classification.

(d)

The trend of development, if any, in the general area of the property in question, including changes if any which have taken place since the date the property in question was placed in its present zoning classification.

The Plan Commission 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.

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 Plan Commission on the proposed amendment.

(6)

The Town Board may grant, grant with modification, deny or refer the application back to the Plan Commission.

(7)

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 Board, it shall be deemed granted.

(8)

In the event of a protest against amendment to the Zoning Map, duly signed and acknowledged by the owners of 20% or more either 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 change or amendments shall not become effective except by the favorable vote of 3/4 of the full Town Board membership. In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20% of the number of persons casting ballots in the last general election, it shall cause a 3/4 vote of the full Town Board membership to adopt such amendment.

§ 360-25 Review by court record.

Any person or persons aggrieved by any decision may present to a 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.

§ 360-26 Appeals.

Purpose. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, Board or bureau of the Town affected by any decision of the administrative officer.

Procedure. An appeal shall be taken within 30 days after the decision or the action complained of, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof together with the fee set by the Town Board. The Zoning Administrator shall forthwith transmit to the Board of Appeals all of the papers constituting a record upon which the action appealed from was taken.

Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice of the Zoning Administrator and on due cause shown.

Condition and guarantees. The Board of Appeals shall thereafter reach its decision within 90 days from the filing of the appeal. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken, and may direct the issuance of a permit.

§ 360-27 Conditional use.

[Amended 9-19-2019 by Ord. No. 19-11]

Purpose and applicability. The development and execution of this chapter is based upon the division of the Town into districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to their location, development, and operation to mitigate the impact of the proposed use or development. These uses are classified as conditional uses and require a conditional use permit except as specified under Subsection O. The authority to grant or deny a conditional use permit is vested in the Plan Commission.

Initiation of conditional use permit. The owner of a subject property may submit an application to use such land for one or more of the conditional uses in the zoning district in which the land is located.

Application for conditional use permit. An applicant shall provide a complete application and other required materials to the Zoning Administrator along with the application fee. A complete application shall be comprised of all of the following for proper review:

A completed conditional use permit application form furnished by the Zoning Administrator, together with the fee established by the Town Board.

A written description of the proposed conditional use describing the type, duration and density of activities, buildings, and structures proposed for the subject property and their general locations, plus additional information as may be required for the particular land use under this chapter.

A site plan of the subject property, with any alterations as may be proposed to accommodate the conditional use. Said site plan shall conform to any applicable requirements of this chapter. If the conditional use will make use of existing site improvements only, a site plan need only be of sufficient detail to confirm the portion of the site used by the conditional use.

Written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the approval criteria set forth in this section, and all applicable requirements of this chapter.

Any other plans and information deemed necessary by the Zoning Administrator or the Plan Commission to ensure that the requirements of this Chapter are or will be fulfilled.

Zoning Administrator review and recommendation.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the Zoning Administrator shall be placed on any agenda as an item to be acted upon, or entitle a public hearing under Subsection E. If an application is incomplete, the Zoning Administrator shall notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to remedy the application deficiencies or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied.

Once the Zoning Administrator determines that the application is complete, the Zoning Administrator shall set a public hearing and prepare a written report evaluating the application based on the criteria in Subsection G below. The Zoning Administrator shall forward the application and report to the Plan Commission.

Public hearing. The Zoning Administrator shall schedule a public hearing before the Plan Commission to be held within 60 days after acceptance of a complete application as determined by the Zoning Administrator. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 notice in conformance with the requirements of § 62.23(7)(d) and (de), Wis. Stats. The Zoning Administrator shall also send said notice to the applicant, persons of interest including owners of record of all lands within 200 feet of the boundaries of the subject property, and the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of lands included in the application at least 10 days prior to the date of such public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.

Review and action by the Plan Commission. Within 60 days after the public hearing, or an extension of said period requested in writing by the applicant and granted by the Commission, the Plan Commission shall take final action on the conditional use permit request. Prior to acting on a conditional use permit application, the Plan Commission may request further information and/or additional reports from the Zoning Administrator, the applicant, outside experts and/or any other source. The Commission may approve the conditional use as originally proposed, may approve the proposed conditional use with conditions or modifications, or may deny approval of the proposed conditional use and include reasons for denial. Any action to approve or amend the proposed conditional use permit requires a majority vote of Commission members in attendance. Based on the action of the Commission, a decision document indicating the findings of fact and outcome shall be prepared and adopted. The property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator.

Review criteria for conditional use permits. When reviewing conditional uses, the Plan Commission shall consider the following criteria:

The size of the parcel on which the proposed use will occur;

The presence of and compatibility of other uses on the subject property, if any;

The location of the proposed use on the subject property (e.g., proximity of the proposed use to other existing or potential land uses);

Effects of the proposed use on both on-site and off-site traffic safety and efficiency and pedestrian circulation, including parking;

The suitability of the subject property for the proposed use;

(6)

Effects of the proposed use on the natural environment;

(7)

Effects of the proposed use on surrounding properties, including neighborhood character, operational considerations relating to hours of operation, and creation of potential nuisances;

(8)

Effects of the proposed use on the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district and adjoining districts;

(9)

Potential public benefits of the proposed conditional use and potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to help remediate such adverse impacts;

(10)

Location of the proposed use as it relates to adequate service, or potential undue burden on, any improvements, facilities, utilities or services provided by public agencies serving the property;

(11)

Consistency with the Comprehensive Plan, this section, and all other plans, programs, and ordinances adopted by the Town; and

(12)

Any other factor that relates to the purposes of this chapter, or as allowed by state law.

Imposition of conditions and guarantees.

Generally. In approving a conditional use, the Plan Commission may impose one or more conditions of approval as may be necessary for the protection of the public interest and to secure compliance with the purpose of this chapter, and the standards and review criteria specified in Subsection G. Such conditions and restrictions may relate to the establishment, location, construction, maintenance, operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety or general welfare and must be based on substantial evidence. Examples of such conditions are listed below:

Issue	Potential Condition
1. Hours of operation	Limit hours of operation to hours to be more compatible with surrounding uses.
2. Buffering	Require more buffer than what is otherwise required by this chapter. Buffering may include landscaping, walls, or fences, berms and other features to physically separate adjoining uses.
3. Maximum floor area	Establish a maximum floor area that may be less than what is otherwise allowed.
4. Maximum number of patrons	Limit the size of the use by establishing maximum patron loads, often by seats, tables, beds, etc.
5. Uses within buildings	Limit commercial uses to the first floor of a multistory building.
6. Number and/or location of entrances	Design the site and building so that entrances are located in areas away from adjoining properties.
7. Outdoor activity	Restrict locations and/or times of outdoor activity.
8. Outdoor storage	Establish a maximum area for outdoor storage that may be less than what is otherwise allowed.
9. Takeout food service	Prohibit drive-up service windows and or walk-up service windows in certain areas of the property (e.g., near a residential use). If these are allowed, limitations could be set.
10. Delivery services	Prohibit delivery services that entail frequent trips or establish upper limits on the activity.
11. Signage	Prohibit signage in areas of the property that may cause an impact on surrounding areas.

A condition of approval shall not lessen a development standard or other requirement contained in this chapter.

Conditions and restrictions must be related to the purpose of this section and be reasonable, measurable to the extent practicable and based on substantial evidence. If the applicant meets or agrees to meet all of the applicable requirements specified in this section and conditions imposed by the Plan Commission, the Commission shall, under § 62.23(7)(de)2.a, Wis. Stats., grant the conditional use permit.

In all cases in which conditional uses are granted, the Plan Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The Town may require written agreement from the applicant in addition to the decision document, in a form prescribed by the Town Attorney.

Issuance and notice of conditional use permit or denial. Within 30 days following the granting of a conditional use permit, the Zoning Administrator shall issue to the applicant the approved conditional use permit. Said permit shall enumerate the details of the conditional use permit, including an identifiable description of the use and subject property and any specific conditions or requirements of approval. In the case of a denial of a conditional use permit, the Zoning Administrator shall provide written notification to the applicant that the conditional use permit was denied, including the reasons for denial.

Effect of denial. No conditional use permit application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors relative to the review criteria in Subsection G that are found valid by the Zoning Administrator.

Appeal to the Town Board. An appeal of a decision under Subsection F may be taken to the Town Board by any person aggrieved by the decision. Such appeal shall be made in writing to the Zoning Administrator within 10 days after the date of the Commission's decision. In the case of an appeal:

The Zoning Administrator and Building Inspector shall issue no permits to enable commencement or continuation of building and other activities authorized by the conditional use permit; and shall issue a "stop-work" order for any such activities already commenced.

The Zoning Administrator shall immediately notify the property owner of an appeal in writing; and shall schedule the appeal for Town Board consideration.

The Town Board shall, by resolution, make a final decision to grant, with or without conditions, or to deny each application for a conditional use permit after receiving and reviewing the Commission's findings and making its own findings as to whether or not the proposed use will satisfy the criteria for approval set forth in Subsection G, and shall have all the powers of the Commission under this section. The Town Board's determination shall be final and subject to appeal to the Circuit Court under any procedure authorized by statute.

Duration and transfer. The term of the conditional use permit shall be set by the Plan Commission at the time it is granted and such permit may be renewed by the Plan Commission. The Commission may approve a conditional use permit with a limitation on the permit's start date, duration and/or transfer if such limitation(s) relate to the purpose of this section and the conditional use permit review criteria in Subsection G. Unless the Commission approves a conditional use permit with a transfer limitation, all requirements of the approved conditional use permit shall be continued regardless of ownership or operation of the subject property or use and shall run with the land.

Amendments to approved conditional uses. Any change, addition, modification, alteration and/or amendment of any aspect of a conditional use permit granted by the Plan Commission, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands or owners, other than as specifically authorized by the conditional use permit conditions, shall require a new permit and all procedures in place at the time must be followed, except where its initial approval allowed expansion or amendment by some other process.

Penalties, revocation, or modification of an approved conditional use permit.

Any violation of an approved conditional use permit shall be subject to § 360-30 of this chapter.

A conditional use permit may be revoked and terminated by the Plan Commission if:

An applicant or holder of the conditional use and the property owner make a request in writing to the Plan Commission that the conditional use be terminated and the Plan Commission agrees to terminate said conditional use permit.

Buildings and other improvements authorized by the conditional use permit have not commenced development, or the conditional use has not commenced operation, within two years of the granting of the conditional use permit, unless the Plan Commission has extended this period by request of the applicant, based on reasons beyond the reasonable control of the applicant.

A conditional use permit may be revoked and terminated by the Town Board if:

The conditional use, its operation, and/or associated improvements have not continued in conformity with the conditions of the permit.

The conditional use has been discontinued for a period of 12 consecutive or 18 cumulative months during a three-year period. A business of seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (i.e., summer camps, ski hills, quarries, marinas, etc.). The burden of proof shall be with the conditional use permit holder or operator to conclusively demonstrate that the conditional use was operational during this period.

Prior to Town Board consideration of revocation and termination, the Plan Commission shall conduct a public hearing on the issue in accordance with Subsection E. Within 45 days of the public hearing, the Plan Commission shall forward its recommendation to the Town Board together with findings of fact in support of that recommendation. A recommendation under this subsection may include modification of the conditional use permit where the Plan Commission, after a review of the conditional use permit in accordance with Subsection G, determines it is in the best interest of the Town to do so.

Upon determination by the Town Board that the use must be terminated, the owner of the premises shall be required to bring all lands and structures into conformity with the permitted use regulation of the Zoning District in which the property is located within 60 days from such determination, unless such time is extended by mutual agreement of the Town Board and the owner.

Uses now regulated as conditional uses that were legal land uses prior to the effective date of this chapter or subsequent amendment. A use regulated as a conditional use under this chapter that was a legal land use prior to the effective date of this chapter or any amendment thereto, shall be considered a legal conforming land use so long as the use is not modified, expanded on or discontinued for a period of 12 consecutive months. Any substantial expansion or modification of such use, in the determination of the Zoning Administrator, shall require application and Town consideration of a conditional use permit under this section.

§ 360-28 Variances.

The law governing variances is an amalgam of statutes, case law and local ordinance. The standards set for herein are based on the governing standards existing at the time of adoption. It is the intent of the Town of Rome, however, to apply the governing standards applicable at the time of the consideration of the requested variance.

Application for a variance shall be submitted to the Zoning Administrator on the prescribed form.

The Board of Appeals may authorize, 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 this chapter will result in unnecessary hardship and so that the spirit of zoning shall be observed and substantial justice done. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements. There are two types of variances:

Use variance allows property to be used in a manner otherwise prohibited by this Zoning Ordinance.

Area variance allows an exception to a dimensional restriction for area, density, height, frontage, or setback for a use that is permitted in the applicable zoning district.

A variance may not be granted unless the following four conditions have been proven by the applicant:

A literal enforcement of the zoning requirement will result in unnecessary hardship.

Use variance. For the purpose of determining whether to grant a use variance, an unnecessary hardship shall be defined as a condition that, without the granting of the variance, would render the property without any reasonable or feasible use.

Area variance. For the purpose of determining whether to grant an area variance, the term unnecessary hardship shall be interpreted according to the following standard: whether compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome.

The hardship is based on a physical limitation unique to the property and not shared by other properties, as distinguished from a mere inconvenience.

The hardship is not self-created.

The variance is not contrary to the public interest.

A property owner is not entitled to a variance simply to increase the value of the property or for economic gain.

A variance will not be granted if it would 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 possess the likelihood to diminish or impair property values within the neighborhood.

Conditions and guarantees. The Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this chapter.

Authorized variances. Variances from the regulations of this chapter shall be granted by the Board of Appeals only in accordance with the standards established in this section, and may be granted only in the following instances and in no others:

To permit any yard or setback less than a yard or a setback required by the applicable regulations;

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80% of the required area and width;

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater;