[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
This chapter contemplates an administrative
and enforcement officer titled the "Building Inspector" to administer
and enforce the same. Certain considerations, particularly with regard
to granting of conditional uses and planned unit developments (PUDs),
changes in zoning districts and the Zoning Map, and amending the text
of this Zoning Code require review and recommendation by the Plan
Commission and ultimate action by the Town Board. A Zoning Board of
Appeals is provided to assure proper administration of the chapter
and to avoid arbitrariness.
The Town Board shall designate a Town official
to serve as the Building Inspector and as the administrative enforcement
officer for the provisions of this chapter.
A.
The duty of the Building Inspector shall be to interpret
and administer this chapter and to issue, after on-site inspection,
all permits required by this chapter. The Building Inspector shall
further:
(1)
Records. Maintain records of all permits issued, inspections
made, work approved and other official actions.
(2)
Floor elevations in floodland districts. Record the
lowest floor elevations of all structures erected, moved, altered
or improved in the floodland districts.
(3)
Floodland use permits. Establish that all necessary
permits that are required for floodland uses by state and federal
law have been secured.
(4)
Compliance inspections. Inspect all structures, lands
and waters as often as necessary to assure compliance with this chapter.
(5)
Investigate complaints. 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.
(6)
Prohibit use until approval. Prohibit the use or erection
of any structure, land or water until he has inspected and approved
such use or erection.
(7)
Request assistance. Request assistance and cooperation
from the Town Attorney as deemed necessary.
B.
The Building Inspector shall coordinate his efforts
with the Town Administrator and Town Director of Public Works to accomplish
the foregoing.
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 Plan Commission's minutes shall constitute the required
written recommendation. The Plan Commission may, in arriving at its
recommendation, on occasion of its own volition, conduct its own public
hearing.
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 ultimate authority to
grant conditional uses and planned unit developments (PUDs), 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.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
A.
Zoning permit required. No new structure, new use
of land, water or air or change in the use of land, water 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.
B.
Applications. Applications for a zoning permit shall
be made to the Building Inspector 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)
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 Building Inspector:
the location, boundaries, dimensions, uses, and size of the following:
subject site; existing and proposed structures; existing and proposed
easements, streets and other public ways; public utilities; off-street
parking, loading areas and driveways; existing highway access restrictions;
high water; channel, floodway and floodplain boundaries; and existing
and proposed street, side and rear yards.
(4)
Additional information as may be required by the Building
Inspector or the Plan Commission and Town Board (if involved).
C.
Action.
(1)
A zoning permit shall be granted or denied in writing
by the Building Inspector within 30 days of application, and the applicant
shall post such permit in a conspicuous place at the site.
(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.
A.
Certificate required. No vacant land hereafter developed,
no building hereafter erected, relocated, moved, reconstructed or
structurally altered, and no floodlands hereafter filled, excavated
or developed shall be occupied or used until a certificate of compliance
has been issued by the Building Inspector. Such certificate shall
show that the structure, premises or use is in conformity with the
provisions of this chapter.
B.
Application for certificate of compliance. Application shall be made in the same manner as for a zoning permit pursuant to § 320-124 and coincidental with application for a zoning and/or building permit. Application for a certificate of compliance in the floodland districts shall include certification by a registered professional engineer or land surveyor that the plans therefor will fully comply with the floodland regulations set forth in this chapter before the certificate shall issue, and further such certification by an engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.
C.
Existing uses. Upon written request from the owner,
the Building Inspector shall issue a certificate of compliance for
any building or premises existing at the time of the adoption of this
chapter certifying, after inspection, the extent and kind of use made
of the building or premises and whether or not such use conforms to
the provisions of this chapter.
D.
Nonconforming uses.
(1)
No nonconforming use shall be maintained, renewed
or changed until a certificate of compliance has been issued by the
Building Inspector.
(2)
Certificates of compliance for the continued occupancy
of nonconforming uses existing at the time of the passage of this
chapter shall be issued by the Building Inspector and the certificate
shall state that the use is a nonconforming one and does not conform
to the provisions of this chapter. The Building Inspector shall notify
the owner(s) of the property being used as a nonconforming use.
A.
Approval required. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section. Applicable new developments and/or new structures shall also comply with the design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8]
B.
Application. The applicant for a zoning permit shall
also submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Plan Commission
or its expert consultants to determine whether the proposed application
meets all the requirements applicable thereto in this chapter.
C.
Administration. The Building Inspector shall make
a preliminary review of the application and plans and refer them,
along with a report of his findings, to the Plan Commission within
10 days. The Plan Commission shall review the application and may
refer the application and plans to any expert consultants selected
by the Town Board to advise whether the application and plans meet
all the requirements applicable thereto in this chapter. Within 30
days of its receipt of the application, the Commission shall authorize
the Building Inspector to issue or refuse a zoning permit.
D.
Requirements. In acting on any site plan, the Plan
Commission shall consider the following:
(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.
(2)
The layout of the site with regard to entrances and
exits to public streets; the arrangement and improvement of interior
roadways; and the location, adequacy and improvement of areas for
parking and for loading and unloading and shall, in this connection,
satisfy itself that the traffic pattern generated by the proposed
construction or use shall be developed in a manner consistent with
the safety of residents and the community, and the applicant shall
so design the construction or use as 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.
The Plan Commission may require that those portions of all front,
rear and side yards not used for off-street parking shall be attractively
planted with trees, shrubs, plants or grass lawns and that the site
be effectively screened so as not to impair the value of adjacent
properties nor impair the intent or purposes of this section.
E.
Effect on municipal services. Before granting any
site plan approval, the Plan Commission may, besides obtaining advice
from consultants, secure such advice as may be deemed necessary from
the Town Director of Public Works or other municipal officials, with
special attention to the effect of such approval upon existing municipal
services and utilities. Should additional facilities be needed, the
Plan Commission shall forward its recommendations to the Town Board
and shall not issue final approval until the Town Board has entered
into an agreement with the applicant regarding the development of
such facilities.
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 Building Inspector, the Plan Commission 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. Whenever an order of the Building
Inspector 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 Building Inspector 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 Building Inspector 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, § 1-3 of this Code.
