This chapter creates the functions of a "Zoning Administrator"
to administer and enforce its requirements. Certain administration
and enforcement matters under this chapter, such as the granting of
permitted conditional uses, conditional uses, changes in zoning districts
and the Zoning Map, and amending the text of this chapter, also require
review by the Plan Commission and action by the Town Board or Town
Board of Appeals.
The Zoning Administrator is the Town official with primary responsibility
for administering the provisions of this chapter. As used in this
chapter, "Zoning Administrator" refers to the Town Chair or to the
Zoning Administrator selected and appointed by the Town Board. The
duty of the Zoning Administrator shall be to administer, interpret
and enforce this chapter and to issue all permits required by this
chapter that do not require action by the Town Board or Town Board
of Appeals. The Zoning Administrator shall:
A.
Advise applicants for permits as to the provisions of this chapter
and be available to applicants while preparing applications.
B.
Issue any administrative-level permits now or later authorized by
this chapter. The function of processing sign permits is delegated
to the Building Inspector.
C.
Conduct inspections of buildings, structures, and use of land to
determine compliance with the terms of this chapter.
D.
Maintain and update the permanent and current records of this chapter, including but not limited to
the Zoning Map, text amendments to this chapter, conditional use permits,
variances, appeals and applications, which function is hereby delegated
to the Town Clerk.
E.
Provide and maintain a public information function relative to all
matters arising out of this chapter.
F.
Receive, file and forward to the Plan Commission all applications
for amendments to this chapter, which function is hereby delegated
to the Town Clerk who shall forward all application amendments to
the Zoning Administrator upon receipt of those applications.
G.
Receive, file and forward to the Plan Commission applications for
all conditional use permits, which function is hereby delegated to
the Town Clerk who shall forward all conditional use permit applications
to the Zoning Administrator upon receipt.
H.
Receive, file and forward to the Board of Appeals all applications
for appeals, variances, or other matters on which the Board of Appeals
is required to act under this chapter, and attend all Board of Appeals
meetings to provide technical assistance which function is hereby
delegated to the Zoning Administrator, the Building Inspector and
the Town Engineer.
I.
Initiate, direct and review from time to time a study of the provisions
of this chapter, and make periodic reports with recommendations concerning
it to the Plan Commission not less than once a year.
J.
Make on-site investigations related to the enforcement of this chapter
and any related ordinances of the Town and have access to any structure
or premises for this purpose, or in reviewing permit applications,
exercised at a reasonable hour and after a twenty-four-hour notice.
K.
Coordinate duties and responsibilities with the Building Inspector
to ensure consistent and fair application of this chapter and avoid
unnecessary duplication of the specific requirements in the administration
of this chapter and the Town's subdivision, building and other
ordinances.
L.
Coordinate with the Town Attorney regarding enforcement of this chapter
and related legal issues.
A.
Zoning Administrator. The Zoning Administrator serves at the pleasure
of the Town Board and has the authority to delegate responsibility
for performance of duties assigned to that position by this chapter
on a specific or continuing basis to any of the following: Town staff
(elected, appointed or employee), the Building Inspector, the Town
Engineer and Town Attorney.
B.
Plan Commission. The Plan Commission makes 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 has such powers as are necessary to enable it to perform its functions, promote municipal planning and as set out in Chapter 35 of the Town Code. One of its functions is to make recommendations to the Town Board. The Commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.
C.
Town Board. The Town Board has ultimate authority to make changes
and amendments to the boundaries of zoning districts, and to amend
the text of this chapter, subject to County Board approval as provided
by Wisconsin Statutes. The Board may delegate to the Plan Commission
the responsibility to hold some or all public hearings as required
under this chapter.
A.
No building permit for a new structure, new use of land, water or
air, or change in the use of land, water or air for one- or two-family
residential use shall hereafter be issued and no structure or part
thereof shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted, or structurally altered unless the
application for such permit has been reviewed by the Zoning Administrator
or designee and it has been verified that the proposed use of land,
buildings or structures and any future proposed buildings or structures
comply with all applicable provisions of this chapter and other applicable
portions of the Town Code.
B.
A building permit issued in conflict with the provisions of this
chapter is null and void.
A.
Zoning, use and site plan approval. Applications for rezoning and
development for uses other than a one- or two-family residence require
a site plan, development plan, review and approval by the Plan Commission
and the Town Board, in accordance with all applicable requirements
of this chapter and of the Code of the Town of St. Joseph.
B.
Rezoning. Applications and all required fees shall be directed to
the Zoning Administrator or designee and shall include the following
information:
(1)
Names and addresses of the applicant, owner of the site and
architect, professional engineer and contractor involved.
(2)
Description of the subject site by recorded subdivision lot
or by metes and bounds; address of the subject site; type of structure;
existing and proposed operation or use of the structure or site; the
present zoning district within which the subject site lies; and explanation
of how the proposed rezoning and development is consistent with the
Town's Comprehensive Plan.
(3)
Plat of survey prepared by a land surveyor registered in the
State of Wisconsin or other map drawn to scale and showing such of
the following as may be required by the Zoning Administrator: the
location, boundaries, dimensions, uses, and size of the subject site;
existing and proposed structures; existing and proposed easements,
streets and other utilities; the area of all existing and proposed
hard surfaces such as off-street parking, loading areas and driveways,
drainage plans and waterways and existing and proposed side and rear
yards.
(4)
Additional information as may be required by the Zoning Administrator,
Plan Commission, Town Engineer or other sections of this chapter.
(5)
In addition, an applicant shall submit a site plan and sufficient
plans and specifications of proposed buildings, machinery and operations
to enable the Plan Commission, Town Board or expert consultants retained
by the Town to determine whether the proposed application meets all
the requirements applicable thereto.
C.
Administration.
(1)
The Zoning Administrator shall make a preliminary review of
conditional use permit and rezoning applications and development plans
before referring them, with a report of initial findings on completeness,
to the Plan Commission within 30 days of receipt of a completed application.
The Plan Commission shall then review the application and plans and
refer it to any expert consultants selected by the Zoning Administrator
and/or Town Engineer to advise whether the application and plans meet
all applicable requirements of the Town Code. Within 60 days of its
receipt of the completed application, the Plan Commission shall provide
its report and recommendation to the Town Board as to whether the
proposed conditional use permit and rezoning and related development
proposal should proceed. This deadline may be extended by agreement
of the Plan Commission and property owner of the land in the rezoning
and development plan.
(2)
When the Town determines that expert consultants are necessary
to properly review applications for conditional use permit, rezoning,
or development plan approval, the Town shall require the applicant
to submit a cash deposit to the Town to pay any costs the Town incurs
in retaining expert consultants. The amount of the deposit shall be
based on the estimated cost of the consultant. The Town may draw on
such funds to pay professional costs, including but not limited to
legal, financial, planning or engineering costs, the Town incurs as
described in this agreement. Before drawing on such funds, the Town
shall provide an itemized statement to the applicant of costs incurred.
The Town shall be authorized to draw on such funds if the applicant
does not object to the itemized statement within 10 days of the date
of the statement. If at any time during the review of the application
it appears to the Town that the consultant costs the Town has incurred
or is likely to incur will exceed the amount of funds the applicant
has on deposit with the Town, the Town shall determine the estimated
cost to complete such professional review and shall require the applicant
to provide additional funds to be deposited with the Town. If the
applicant fails to provide the additional funds, the Town may immediately
terminate further consideration of the application and any professional
consulting review that may be in process for the proposed application.
(3)
Within 60 days of the Plan Commission's receipt of the
completed application, the Plan Commission shall provide its report
and recommendation to the Town Board as to whether the proposed conditional
use permit and rezoning and/or related development proposal should
proceed. This deadline may be extended by agreement of the Plan Commission
and property owner of the land that is the subject of the application
for conditional use permit, rezoning and/or development plan approval.
(4)
Upon receipt of the report and recommendation from the Plan Commission, the Town Board shall review the application to determine if such rezoning application and development plans meet all of the requirements of this chapter and the other applicable provisions of the ordinances of the Town of St. Joseph. Within 45 days of its receipt of the report and recommendation from the Plan Commission, the Town Board shall act on the application, following the notice and hearing requirements in Articles XVII and XVIII of this chapter.
D.
Requirements. In acting on any rezoning application and development
plan, the Town Board may, without limitations, address the following
issues during its decision:
(1)
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas and the Town's Comprehensive Plan.
(2)
The layout of the site with regard to entrances and exits to
public roadways; the arrangement and improvement of interior roadways;
the location, adequacy and improvement of areas for parking and loading
and unloading, whether the traffic pattern generated by the proposed
rezoning and proposed development will be developed in a manner consistent
with the safety of residents and the community, and to minimize any
traffic hazard created thereby.
(3)
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(4)
The landscaping and appearance of the completed site, whether
those portions of all front, rear and side yards not used for off-street
parking will be attractively planted with trees, shrubs, plants, or
grass lawns and whether the site be effectively screened so as not
to impair the value of adjacent properties nor impair the intent or
purposes of this chapter.
E.
Effect on municipal services. During a decision on rezoning and proposed
development, the Town Board may secure such advice as may be deemed
necessary from the Town Engineer, other municipal officials or consultants,
with special attention to the effect of the proposal upon existing
municipal services and utilities. Where additional or upgraded municipal
facilities will be needed, the Town Board shall agree with the applicant
regarding financial responsibility and payment for the development
and construction of such facilities prior to acting on a rezoning
request.
No lot or parcel now vacant shall be used for residential purposes,
and no buildings or other structure shall be occupied or used for
residential, commercial or industrial purposes, until a certificate
of occupancy has first been obtained by the owner from the Building
Inspector.
A.
Violations. It shall be unlawful to use or improve any structure
or land or to use water or air in violation of any provision or requirement
of this chapter or any portion of the Town Code. Landowners, occupants
and the agents of both are responsible for compliance with all provisions
of this chapter. In case of any violation, the Town Board, Plan Commission,
the Zoning Administrator or any property owner who would be specifically
damaged by such violation may cause appropriate action or proceeding
to be instituted to enjoin a violation of this chapter or cause a
structure to be vacated or removed.
B.
Remedial action.
(1)
The Zoning Administrator is responsible for inspecting and investigating
compliance of land use activities in compliance with this chapter.
(2)
If upon such inspection or investigation the Zoning Administrator
becomes aware of a condition, which he/she concludes is or is likely
to become a violation, the parties in violation shall be notified
and informed in writing of the appropriate action required to comply
with this chapter and the time frame, not to exceed 30 days, within
which to comply.
(3)
Whenever an order of the Zoning Administrator has not been complied
with, the Town Board may institute appropriate legal action or proceedings
to enforce the chapter, including imposition of fines, injunctive
or other equitable relief, and all remedies available to the Town
under Wisconsin law.
C.
Penalties.
(1)
Where a conditional use or a variance has been approved subject
to specified conditions and where such conditions are not complied
with, the Town Board, Plan Commission or the Board of Appeals, as
applicable, shall conduct a hearing similar to those followed in considering
the granting of a conditional use or variance.
(2)
Finding of noncompliance with the conditions originally imposed
shall be grounds for revocation of the conditional use permit.
(3)
The Town Board may, upon the recommendation of the Plan Commission
or Board of Appeals, order an assessor's plat pursuant to Wis.
Stats., § 70.27, whenever the conditions specified in that
ordinance are found to be present.
(4)
The Zoning Administrator, Plan Commission, Town Board, or Board
of Appeals may require creation and recording of correction instruments
correcting errors in distances, angles, directions, bearings, chords,
block or lot numbers, street names or other details of a recorded
map or plat at the expense of the subdivider or affected property
owners.
(5)
No provision of this chapter shall be construed to bar action
to enjoin or abate the use or occupancy of any land or structure as
a nuisance under the laws of Wisconsin.
(6)
The owner of any building, structure, lot or parcel of property,
or any portion thereof, where any condition in violation of this chapter
exists or shall be created, and who has failed to bring the property
into compliance with the chapter, shall be subject to forfeiture for
each violation of the chapter in the amount as stated in the Fees
Resolution approved by the Town Board.[1] Each day each violation exists shall be considered a separate
offense and shall be subject to the forfeiture provided herein.
[1]
Editor's Note: The current Fees Resolution is on file in the
Town offices.
D.
These remedies are cumulative.
Application and review related fees shall be established by
separate resolution enacted from time to time by the Town Board for,
but not limited to, the following categories of activities, functions
and permits:
