[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]
C. 
Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter. See Article XIV of this chapter for detailed provisions.
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.