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MOBILE HOME PARKS

17.60    DISTRICTS ALLOWED.

Mobile home parks may be allowed as a conditional use in the RS-2 Single Family Residence District and the A-1 and A-2 Agricultural Districts subject to the requirements of this section and upon issuance of a conditional use permit by the Board of Appeals after public hearing.

17.61    APPLICATION FOR PERMIT.

            (1)   An application for a conditional use permit for a mobile home park shall be filed as outlined in §17.13(1) and contain the information required by COMM 82 & 83, and NR 811 & 812.  Plans shall be prepared showing all features required by this ordinance and Chapters ADM 65.  Upon receipt of the plans, one set shall be forwarded to the County Health Department for their review and comments.  Written comments or testimony shall be provided to the Board of Appeals on all applications by a Health Department representative.

17.62    REQUIREMENTS.

            (1)   The minimum size of a mobile home park shall be 10 acres.

            (2)   Each park shall provide mobile home lots and each such lot shall be clearly defined or delineated.  Each lot shall have an area of not less than 5,000 square feet and an average width of not less than 50', provided, however, that mobile home parks which existed lawfully at the time of the adoption of this chapter and have lots that do not comply with any of the foregoing minimum area and width requirements may continue to operate.  New site development within or contiguous to an existing park shall conform to the standards of this chapter.

            (3)   Mobile homes shall be so located on each lot that there shall be at least a 20' clearance between mobile homes.  No mobile home shall be located closer than 5' to any accessory building within the park.  Mobile homes and accessory structures shall meet the street, side and rear yard requirements for the zoning district in which the mobile home park is located.

            (4)   Private internal streets shall comply with ADM 65.09(3).  There shall not be more than 2 entrances from or exits to such street or highway from any one such park.  Access shall be approved by the unit of government having jurisdiction over the street or highway.

            (5)   Walkways to service buildings shall be not less than 36" wide and shall be graveled or paved.

            (6)   All driveways and walkways within the park shall be well lighted at night.

            (7)   Electrical connections shall meet the requirements of Ch. COMM 16.

            (8)   Each mobile home lot shall be provided with 2 parking spaces.

            (9)   Each mobile home park shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required yards and open spaces, which shall be planted to permanent grasses, flowers, shrubs and trees so as to provide a 50% opacity to a height of 8' during all seasons of the year.  Plantings shall comply with §17.25 and §17.26.  Plantings and time frame for achieving the prescribed opacity shall be determined by the Board of Appeals based upon a proposal submitted with the conditional use permit application.

 

            (10)  Mobile home parks shall conform to the requirements of all applicable statutes and Wisconsin Administrative Code.

            (11)  Service buildings housing sanitation facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

            (12)  Metal garbage cans with tight fitting lids shall be provided in quantities adequate to permit disposal of all garbage and rubbish.  The cans shall be kept in sanitary condition with contents disposed of at least twice each week.

            (13)  Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable regulations of the Fire Department.  No open fires shall be permitted at any place which may endanger life or property.

            (14)  Adequate provisions shall be made for the disposal of all sewage from a mobile home park into a municipal sanitary sewer where available, or by properly constructed and maintained sewage system approved by the State Department of Industry, Labor and Human Relations.

            (15)  Open space commons and/or play areas shall be included in the design at the ratio of 9,000 square feet per each ten (10) lots or fraction thereof, exclusive of setbacks required by §17.62(3).

17.63    MOBILE HOME USE RESTRICTIONS.

No business other than home occupations as defined in §17.08 shall be conducted in any mobile home within a mobile home park.

17.64    REGISTERS.

Each mobile home park shall maintain an office where a register complying with ADM 65.15 shall be kept.  The register shall be open to town officials for inspection.


 

MOTOR VEHICLE AND PARKING REGULATIONS

17.70    LOADING REQUIREMENTS.

In all Districts adequate loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.

17.71    PARKING REQUIREMENTS.

            (1)   In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended or increased, off street parking stalls for all vehicles in accordance with the following:

                    (a)   Adequate access or a public street shall be provided for each parking stall and driveways shall be at least 12' wide.

                    (b)   Each parking stall shall be not less than 9' in width and not less than 180 square feet in area exclusive of the space required for ingress and egress.  Unpaved and unstriped parking lots for use by the general public shall provide 360 square feet per parking space, exclusive of ingress/egress lanes.

                    (c)   No parking stall or driveway except in residential districts shall be closer than 25' to a residential district lot line or a street line opposite a residential district.

            (2)   Number of parking stalls required:

                    Single Family Dwellings          2 Stalls/Dwelling Unit

                      and Mobile Homes

 

                    TwoFamilyand                      2 Stalls/Dwelling Unit

                      Multi-family Dwellings

 

                    Hotels, Motels                             1 Stall/Guest Room

+ 1 Stall/3 Employees

 

                    Hospitals, Clubs, Lodges,              1 Stall/2 Beds

                      Sororities, Dormitories            + 1 Stall/3 Employees

 LodgingandBoarding,houses sanitariums, Institutions,
                             1 Stall/5 Beds

                      Rest and Nursing Homes            + 1 Stall/3 Employees

 

                    Medical and Dental Clinics             4 Stalls/Doctor

+ 1 Stall/Employee

 

                    Churches, Theaters, Auditoriums    1 Stall/5 Seats

                      Community Centers, Vocational

                      and night Schools and Other

                      Places of Public Assembly

 

                    Colleges, Secondary and Employees               1 Stall/2

 Elementary Schools+ A reasonable number of stalls for   student and other parking

 

       Restaurants, Bars, Places of                       1 Stall/150 square feet

                      Entertainment, Repair Shops,                    of Floor Area

                      Retail and Service Stores

 

            Manufacturing and Processing                    1 Stall/2 Employees

        Plants, Laboratories and                           during any 12 hr. period

                      Warehouses

 

       Financial Institutions,                                  1 Stall/300 square feet

                      Business, Governmental and                     of Floor Area

                      Professional Offices

 

                    Funeral Homes                                          1 Stall/4 Seats

 

           Bowling Alleys                                          3 Stalls/Bowling Lanes

 

                    Golf Courses                                 4 spaces/hole

                    Ball diamonds                                40 spaces/diamond

              Volleyball courts                                        20 spaces/court

 

 Bars w/live music or DJ,                          1 space/50 sq. feet of patron space,

 banquet halls, dance clubs                         including outdoor decks and patios

 

                    (a)   In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.  Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use during such periods of time as the various uses are reasonably likely to be simultaneously requiring parking for employees, customers and other persons.

                    (b)   Parking lots containing 10 or more stalls which are located in the Residence Districts or adjoining residential lots shall be screened along the side or sides of such lots which abut the lot lines of residential lots by a solid wall, fence, evergreen planting of equivalent opacity or other equally effective means, built or maintained at a minimum height of 4'.  If parking lots so located are lighted, the lights shall be so shielded as to prevent glare or illumination of adjoining residential property.

17.72    DRIVEWAYS.

            (1)   No direct access shall be permitted to the existing or proposed right-of-way of:  expressways, freeways or interstate highways; nor to any other road, street or highway without permission of the authority maintaining the facility.

            (2)   Vehicle entrances and exits to drive-in theaters, banks and restaurants; motels, funeral homes, vehicular sales, service, washing and repair stations; garages or parking lots shall be not less than 200' from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter or place of public assembly.


 

SIGNS

17.80    GENERAL.

            (1)   No signs or billboards shall be permitted in any district except as specifically permitted herein.

            (2)   At no time shall signs be permitted within a vision clearance triangle in such a manner as to restrict vision or impair safety.  (See §17.25.)

            (3)   No sign located within 150' of a highway or street right-of-way shall contain, include or be illuminated by a flashing or rotating beam of light.

            (4)   No sign shall be illuminated by any source of light that is not shielded to prevent glare of illumination of residential property other than that of the sign owner; nor shall the glare of any light source be so directed as to impair the safety of moving vehicles.

            (5)   No signs, except of a public nature normal to public right-of-ways, shall be permitted within any public right-of-way without approval in writing from the jurisdictional governmental unit.

            (6)   No sign larger than 5 square feet shall be located, erected, moved, reconstructed or enlarged until a zoning permit has been issued.

            (7)   No permanent sign shall be located closer than 75' from the ordinary high-water mark of any navigable or perennial body of water, in the floodway of any stream or in any shoreland-wetland.

            (8)   Area measurements of signs shall include any border or trim but not the standard or supporting structure.

            (9)   Signs placed by or on behalf of individuals or businesses who contributed to the development or maintenance of a community park, recreation area or similar project may be allowed by the Town Zoning Administrator and the Town Board with no permit(s) required.  These signs shall not conflict with state or federal sign regulations, shall not exceed 32 square feet in area and shall meet all setbacks or be part of an existing legal fence.

 

17.81    SIGNS IN RESIDENTIAL, CONSERVANCY, AND AGRICULTURAL DISTRICTS. 

The following signs are permitted when located no less than 15' from the public right-of-way line, except as otherwise provided in this section:

(1)       Customary, professional and home occupation signs not exceeding 20 square feet and "For Rent" or "For Sale" signs, not exceeding 4 square feet in area or as provided for in §17.49(2)(k).

(2)       One on premises announcement sign or bulletin board of an appropriate nature, identifying a hospital, school, church or other similar facility or institution, not exceeding 20 square feet in area.

(3)       Temporary signs of not more than 50 square feet in area for the purpose of advertising an auction, bazaar, festival, political or other special event.  Signs shall be removed at the conclusion of the event.

(4)       Temporary signs as defined in 17.81 (3) shall not require a permit.  Notwithstanding, any temporary sign on display for a period exceeding 60 days in length of duration shall be required to obtain a permit.  If issued a permit, the temporary sign shall be removed within 30 days of issuance.  No temporary sign permit may be extended or reissued for any said sign location.

(5)       Off premises signs provided they are directional only, the outside dimensions of which do not exceed 20 square feet, are located within a 3 mile radius of the advertised business or activity and are not in conflict with Ch. HY-19, Wis. Adm. Code, or §84.30 and Ch. 196, Wis. Stats.

            (5)   Signs necessary to the public safety and welfare or for the identification, operation or protection of a public utility installation shall be no larger than 3 square feet and may be located any distance outside of the public right-of-way.

            (6)   In all agricultural districts, signs which advertise agricultural products that are produced on the property where the sign is located shall be permitted provided the following conditions are met:

                    (a)   Signs shall not conflict with State or federal sign regulations.  (Note:  it shall be the responsibility of the person wishing to erect or paint the sign to obtain any and all other permits or approvals.)

                    (b)   For signs larger than 32 square feet, all conditions set forth in §17.82(2)(a)-(d) shall be met.

                    (c)   Signs shall be located on an operating farm and adjacent to the principal building or buildings used in the production of the agricultural product being advertised.

                    (d)   Signs shall contain only one message per face, and no more than one double face or 2 single face signs larger than 32 square feet per face shall be permitted.

                    (e)   Signs which are 32 square feet in area or less shall be permitted as farm identification signs.  These signs shall include the farm name and/or surname of the farm operator. Farm identification signs shall be no less than 15' from the right-of-way.

                    (f)    No sign other than a farm identification sign as defined in par. (e) above, shall contain a brand name, trade name, organization, co-op, union or bureau name.

 

17.82    SIGNS IN RECREATIONAL, COMMERCIAL AND INDUSTRIAL DISTRICTS. 

            The following signs are permitted:

            (1)   All signs permitted in §17.81.

            (2)   Identifying signs advertising a business or activity conducted on the premises in accordance with the following provisions:

                    (a)   Wall signs placed against the exterior walls of buildings shall not extend more than 1' from the wall surface and shall not exceed 300 square feet in area.

                    (b)   Projecting signs fastened to, suspended from or supported by attached structures shall not exceed 40 square feet in area on a side.

                    (c)   Ground signs shall meet all yard requirements for the district in which they are located, shall not exceed 200 square feet on a side and shall not exceed 25' in height above the main road grade.

                    (d)   Roof signs shall not exceed 10' in height above the roof or parapet nor may such a sign extend beyond the building upon which it is located and shall not exceed 200 square feet on a side.

            (3)   Off premises signs and billboards:

                    (a)   Signs and billboards shall meet the requirements of Ch. HY 19, Wis. Adm. Code, or §84.30 and Ch. 196, Wis. Stats.  Signs and billboards shall meet all yard requirements for the district in which they are located, have a minimum separation of 1,000' from all other billboards which exceed 300 square feet in area.  (See definition, SIGN, BILLBOARD, DIRECTIONAL, in §17.08 of this chapter.)

                    (b)   Signs and billboards which are not within the jurisdiction of the Wisconsin Administrative Code or State Statutes, shall meet the same size requirements as on premises signs in sub. (2) of this section.

 

17.83    UNSAFE AND UNLAWFUL SIGNS AND ADVERTISING DEVICES.

The following signs and advertising devices are hereby declared to be unlawful:

(1)      A revolving sign.

(2)               A sign advertising an article or product not manufactured, assembled, processed, or repaired on the premises.

(3)               A sign relating to the lease, hire or sale of a building or premises other than the building or premises upon which the sign is displayed.

(4)               A sign advertising a service not rendered on the premises upon which the sign is located.

(5)               The exterior use of any advertising device as herein defined.

Removal of unsafe signs:

(1)               When any sign becomes insecure, in danger of failing or otherwise unsafe, or if any sign or advertising device shall be unlawfully installed or maintained in violation of this Chapter, the Town Board, the Town Zoning Administrator, or duly authorized agents, shall have the authority to remove same immediately and recoup from the owner of said sign the reasonable costs of said removal, provided however, that notice shall be given by the Town Zoning Administrator, or authorized agents, in writing to the owner of such sign and the owner of property upon which same is located, which such notice shall be sent to the last known address of said owners promptly upon removal of such sign.

17.84    EXISTING SIGNS/SPECIAL PROVISIONS.

Signs lawfully existing at the time of the adoption or amendments of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter.  Any sign or any part thereof which is blown down, destroyed or removed may be re-erected, reconstructed, rebuilt or relocated unless in compliance with all of the applicable requirements of this Ordinance.  However, such signs shall be deemed nonconforming uses or structures and shall therefore be subject to the provisions of §17.19, Nonconforming Structures and Uses.

 

ADMINISTRATION

17.90    PLANNING COMMISSION.

(1)       ESTABLISHMENT.  There is hereby established a Town Planning Commission as provided for in Wis. Stats. 62.23.

(2)       MEMBERSHIP. 

(a)       Membership shall consist of 7 members and shall be appointed by the Town Chairman and confirmed by the Town Board.

(b)       The Town Chairman shall also choose the Chair of the Commission.

(c)       Only one member of the Town Board may serve on the Commission at any one time.  If, however, the Town Board is increased to five members, two members of the Town Board shall be permitted to serve at any one time.

(d)       The Town Chairman may appoint him/her self to the Commission and may appoint other Town elected or appointed officials, except that the Commission shall always have at least 4 citizen members who are not Town officials.

(e)       The members of the Commission shall be appointed to hold office for a period of three (3) years. Appointments shall be made by the Town Chairman during the month of April for terms that expire in April or at any other time if a vacancy occurs during the middle of a term.

(f)        By virtue of the duties of the office, the Town Zoning Administrator shall be ineligible to become a member of the Commission.

(3)       POWERS.

(a)       Recommend to the Town Board amendments to this Ordinance, with or without modifications or conditions as the Commission shall deem appropriate, consistent with the provisions of §17.92.

(b)       Recommend to the Town Board approval or denial of conditional use permits as set forth in this §17.13 of this Chapter.

(c)       Review development proposal site plans for, consistent with the provisions of this Ordinance, and recommend approval or denial.

 

17.91    BOARD OF APPEALS.

            (1)   ESTABLISHMENT.  There is hereby established a Board of Appeals for the purpose of hearing certain appeals and applications and granting variances from the provisions of this chapter in harmony with the general purpose and intent of this chapter.

            (2)   MEMBERSHIP.

                    (a)   The Board of Appeals shall consist of 5 members and two alternates appointed by the Town Chairman and confirmed by the Town Board.

                    (b)   The members of the Board of Appeals shall all reside within the Town Terms shall be for staggered 3 yr. periods beginning July 1.

                    (c)   The Board of Appeals shall choose its own chairman and secretary.  Official oaths shall be taken by members in accordance with §19.01, Wis. Stats., within 10 days of receiving notice of their appointment.

                    (d)   Vacancies shall be filled for an unexpired term in the same manner as appointments for a full term.

            (3)   RULES.

                    (a)   The Board of Appeals may adopt such rules as it deems necessary to carry into effect the regulations of the Town of Texas.

                    (b)   Meetings shall be held at the call of the Chairman or at such other times as the Board of Appeals may determine and shall be open to the public.

                    (c)   Minutes of the proceedings and a record of all actions shall be kept by the Secretary, showing the vote of each member upon each question or, if absent or failing to vote indicating such fact, the reasons for the Board of Appeal's determination and its findings of facts.  These records shall be filed in the office of the Town Clerk and shall be a public record.

                    (d)   The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant or appellant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

            (4)   POWERS.

                    (a)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by any administrative official in the enforcement or administration of this chapter.

                    (b)   To authorize upon appeal, in specific cases, such variance from the dimensional standards of this chapter as will not be contrary to the public interest, where owing to special conditions, such as terrain, cover or nearby existing buildings, a literal enforcement of the provisions herein will result in unnecessary hardship, and so that the spirit and intent of this chapter shall be observed and substantial justice done.  The Zoning Board of Appeals must determine that any variance:

1.          Shall not have the effect of permitting or expanding any use where prohibited by any district regulation.

2.          Shall not permit standards lower than those required by the Wisconsin Statutes, or Wisconsin Administrative Code.

3.          Shall not be granted solely on the basis of economic gain or loss.

4.          Shall not be granted for a self-created hardship.

5.          Shall not damage the rights or property values of other persons in the area.

                    (c)   To hear and grant applications for substitution of nonconforming uses, provided no structural alterations are to be made and the Planning Commission has made a review and recommendation.  Whenever the Board of Appeals permits such a substitution, the use may not thereafter be changed without a new application.

                    (d)   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 office from whom the appeal is taken.

                    (e)   The Board of Appeals may request assistance from other Town officers, departments, commissions and boards.

                    (f)    The Chairman may administer oaths and compel the attendance of witnesses.   

                    (g)   Any officer from whom an appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

            (7)   HEARING NOTICE. The Board of Appeals shall fix a reasonable time and place for the hearing of the appeal or application, give public notice thereof by Class 2 notice, and shall give due notice to the parties in interest, the officer from whom the appeal is taken and the Town Board.  At the hearing, the appellant or applicant may appear in person, by agent or by attorney.

            (8)   DECISION.

                    (a)   The Board of Appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a copy of the Board's decision, signed by the Secretary and Chairman, to the appellant or applicant, the officer from whom the appeal is taken and the Town Board.

17.92    ORDINANCE AMENDMENT.

            (1)   AUTHORITY.  The regulations imposed and the zoning districts created under authority of this chapter may be amended from time to time by ordinance in accordance with §62.23 Wis. Stats.  An amendment shall be granted or denied by the Town Board after a public hearing before the Planning Commission and a report of its findings and recommendations has been submitted to the Town Board.

            (2)   INITIATION.  A petition for an amendment may be made by any property owner in the area to be affected by the change or amendment, by the Town Board, by the Town Zoning Administrator, by any member of the Town Board or the Town Planning Commission.

            (3)   PETITIONS.  Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Town Clerk.  The petition shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

                    (a)   Plot plan drawn to a scale of not less than 1" equals 200' showing the area proposed to be rezoned, its location, dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 300' of the area proposed to be rezoned.

                    (b)   Additional information as may be required by the Planning Commission or Town Board including but not limited to:

                           1.     Written approval from the Wis. Dept. of Transportation or County Highway Dept. authorizing the construction/use of a driveway in their respective jurisdictions for the use proposed in the zone change request.  Failure to provide approval for a driveway or alternate access (i.e. shared access, frontage road, backage road or other) will cause the petition to be considered incomplete and it will not be advertised or heard.       

            (4)   RECOMMENDATIONS.  The Planning Commission shall review all such proposed changes or amendments and shall recommend that the petition be granted as requested, modified or denied.  Recommendation shall be made in a written report to the Town Board.

            (5)   HEARINGS.   The Planning Commission shall hold a public hearing upon each proposed change or amendment, giving notice of the time and place of such hearing by publication of a Class 2 notice, under Ch. 985, Wis. Stats. 

            (6)   TOWN BOARD ACTION.

                    (a)   Following such hearing and after careful consideration of the Planning Commission's recommendation, the Town Board shall vote on the passage of the proposed change or amendment.

            (7)   PROTEST.  If a protest against a proposed change or amendment is filed with the Town Clerk at least 24 hours prior to the date of the meeting of the Town Board at which the recommendation of the Planning Commission is to be considered, duly signed and acknowledged by the owners of 50% or more of the area proposed to be altered, or by abutting owners of over 50% of the total perimeter of the area proposed to be altered included within 300' of the parcel or parcels proposed to be rezoned, action on such ordinance may be deferred until the Planning Commission has had a reasonable opportunity to ascertain and report to the Town Board as to the authenticity of such ownership statements.  Each signer shall state the amount of area or frontage owned by him and shall include a description of the land owned by him.  If such statements are found to be true, such ordinance shall not be adopted except by the affirmative vote of 3/4 of the members of the Town Board of Supervisors present and voting.  If such statements are found to be untrue to the extent that the required frontage or area ownership is not present, such protest may be disregarded.

            (8)   EFFECTIVE DATE OF AMENDMENT AND THE ORDINANCE.  Upon passage of the amendment by the Town Board, the amending ordinance shall become effective upon:

(a)    Publication and posting of the ordinance by the Town Clerk;

(b)    Pursuant to Wis. Stats. 60.62, the Town Clerk shall forward the amendment to the County Clerk for consideration by the Marathon County Board of Supervisors.

(c)    Approval by the County Board.

 

17.93    ADMINISTRATION.

            (1)   TOWN ZONING ADMINISTRATOR.  There is hereby created the office of Town Zoning Administrator for the administration and enforcement of the provisions of this chapter.  The Town Board may appoint deputy zoning administrators with the concurrence of the Town Zoning Administrator from the names of qualified applicants.  Deputy zoning administrators shall assist the Town Zoning Administrator in carrying out the function of the office.  The specific duties of any Deputy Zoning Administrator shall be determined by the Town Zoning Administrator and the Town Board.  Compensation of the Zoning Administrator and any Deputy Zoning Administrator(s) shall be determined by the Town Board.

(2)   POWERS AND DUTIES.  In the administration and enforcement of this chapter, the Town Zoning Administrator shall have the following powers and duties:

(a)     Advise applicants as to the provisions of this chapter and assist them in preparing permit applications.

(b)    Issue permits and inspect properties for compliance with this chapter and issue certificates of compliance when appropriate.

(c)    Keep records of all permits issued, inspections made, work approved and other official actions.

(d)    Report violations of this chapter or other land use regulations to the Town Board and Town Attorney.

(e)    Have access to any structure or premises for the purpose of performing his duties between 8 a.m. and 8 p.m., by permission of the owner or upon issuance of a special inspection warrant in accordance with §66.0119, Wis. Stats.

(f)     Make on-site investigations required for administration of this Code.

(g)    Upon reasonable cause or question as to proper compliance, to revoke any zoning or conditional use 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 chapter or order restoration and/or after-the-fact compliance.

(h)    Delegate duties and supervise deputy zoning administrators.

 

17.94    VIOLATIONS AND PENALTIES.

            (1)   VIOLATIONS.  No person shall construct or use any structure, land or premises in violation of any of the provisions of this chapter.  In case of any violation, the Town Zoning Administrator, Planning Commission, Town Board or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.  Every structure, fill or development placed or maintained in violation of this chapter is a public nuisance; and the creation thereof may be enjoined and maintenance thereof may be abated by an action instituted by the Town.

            (2)   PENALTIES.  Any person who fails to comply with the provisions of this chapter or any order of the Town Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture of not less than $10 nor more than $200 and costs of prosecution for each violation.  Each day a violation exists or continues shall constitute a separate offense.

(3)   PROCEEDINGS.

(a)    Civil Proceedings.  Pursuant to the provisions of Wis. Stats. §66.14, Wis. Stats., an action for violation of this Code is deemed a civil action. Accordingly, Wis. Stats. §801-847, shall apply where applicable.

(b)    Town Attorney.  The town attorney may, in the town attorney’s discretion, commence legal action or proceedings and may proceed pursuant to the proceedings outlined in Wis. Stat. §66.119, 66.12 or 778.10, or pursuant to the issuance of a summons and complaint.

(c)    Citations.  Requests for necessary citations may be directed by the Town Board for approval.

(d)    Special Inspection Warrants.  The provisions of Wis.Stat. § 66.122 and 66.123, shall govern the issuance of all special inspection warrants.

(e)    Statute of limitations.  Pursuant to Wis. Stat. 893.93(2)(b), any action to recover a forfeiture or penalty imposed by Code or regulation, when no other limitation is prescribed by law, shall be commenced within two years of the violation.  In those situations in which there occurs a continuing violation in existence for more than two years prior to the issuance of the complaint and wherein each day the violation exists continues to constitute a separate offense, no penalty may be imposed for each day of violation occurring more than two years prior to the commencement of the action; a penalty may be imposed, however, for each day of violation occurring within the two year period prior to the issuance of the complaint.



 

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