Chapter 170
ZONING
[HISTORY: Adopted
by the Town Board of the Town of Troy 3-12-1990 by Ord. No. 90-2. Amendments
noted where applicable.]
GENERAL REFERENCES
Plan Commission — See Ch. 21, Art. I.
Building construction — See Ch. 27.
Farmland and open space preservation — See Ch.
52.
Impact fees — See Ch. 70.
Mobile homes and mobile home parks — See Ch.
92.
Subdivision of land — See Ch. 135.
§ 170-1. County Zoning Ordinance adopted.
Chapter 17 of the St.
Croix County Zoning Ordinance is hereby adopted by reference and made the
Zoning Ordinance of the Town of Troy, provided that the zoning restrictions and
administrative provisions herein shall control over any similar provision of the
County Ordinance. The Town of Troy shall defer to St. Croix County in the
administration of this Zoning Ordinance, except in the areas of additional
zoning restrictions as set forth herein. In those situations, and as to those
provisions, the Town shall enforce all portions of its Zoning Ordinance.
§ 170-2. Waste disposal. [1]
A. Final disposal of all garbage, hazardous substances, high-volume
industrial wastes, refuse, sewage or solid waste (all as defined in § 289.01,
Wis. Stats.) shall be allowed in the Town of Troy only as a special exception
in an agriculture district, as shown on the County Zoning Map. In case of
sludge from a waste treatment plant, disposal of the same shall include land
applications through landfilling, spreading or injection or other forms of
incorporation with soil material, regardless of whether these activities are
associated with land reclamation or crop production. Such special exceptions
shall be granted by the Town Board, after consideration by its Plan Commission,
as set forth herein.
B. Where temporary storage precedes final disposal of garbage,
hazardous substances, high-volume industrial wastes, refuse, sewage or solid
waste (all as defined in § 289.01, Wis. Stats.), such storage shall only be
allowed in the Town of Troy as a special exception in the Industrial District,
as shown on the County Zoning Map. Such special exceptions shall be granted by
the Town Board, after consideration by its Plan Commission, as set forth
herein.
C. The following uses and locations are exempted from compliance
with this chapter:
(1) Sites used for the disposal of waste, garbage or refuse from a
single family or household, a member of which is the owner, occupant or lessee
of the property; provided, however, that such waste, garbage or refuse shall be
placed in suitable containers or stored in such other way as not to cause a
public or private nuisance.
(2) The use of sanitary privies and what are commonly known as
seepage beds, soil absorption fields, holding tanks or septic tanks which are
in conformity with all applicable ordinances of the Town of Troy or St. Croix
County, or the discharge of human waste products in any public sewerage system
located within the Town of Troy.
(3) Farming operations on which only that animal waste resulting from
the individual farm operation is stored or disposed of on the premises.
(4) Any waste disposal operation, recycling facility or transfer
station operated under the direction and control of the Town of Troy.
(5) The disposal of sewage on land by an individual or business
entity licensed or registered under and in compliance with § 281.48, Wis.
Stats., and companion administrative regulations overseeing the servicing of
septic tanks, seepage fields, holding tanks, grease traps and privies and the
disposal of their contents.
§ 170-3. Special exceptions.
The special exceptions
referred to herein shall be considered in accord with the following provisions:
A. General standards.
(1) No grant of special exception shall violate the spirit or general
intent of the County or Town Zoning Ordinance.
(2) No special exception shall be allowed which would be contrary to
the public health, safety or general welfare. No special exception shall be
allowed that would be substantially adverse to the property values in the
neighborhood affected unless the applicant has arranged for compensation for
property value reductions in a manner that addresses the reasonable concerns of
the affected landowners and is satisfactory to the Town Board.
(3) No use shall be permitted that would constitute a nuisance by
reason of noise, dust, smoke, odor or other similar factors.
(4) The Town Board shall attempt to honor any relevant standards used
by the county in the past which apply to the special exception at issue.
(5) The Town Board shall consider such other factors as it considers
relevant to the purposes of this chapter and the County or Town Zoning
Ordinance, including any use-specific and site-specific studies, reports or
tests prepared or conducted by the Department of Natural Resources.[2]
B. General procedure. Applications for special exceptions shall be
processed in the following manner:
(1) Applications. written application for any use listed herein as
requiring a special exception shall be made to the Town Board on forms
furnished by the Town Clerk-Treasurer. A single special exception permit
application can include single parcels of land or several parcels, contiguous
or noncontiguous. The completed application and fee shall be submitted at least
10 working days prior to the application being placed on the agenda for the
Troy Town Plan Commission. The application shall include, at a minimum:[3]
(a) Name and address of the applicant.
(b) The legal description of the property involved in the special
exception request, including the street address, if any, of said property.
(c) The name and address of all owners of the property and any other
person(s) having a legal interest therein.
(d) A site plan drawn to scale showing the property dimensions and
grading, landscaping and location of utilities or other improvements planned by
the applicants, as applicable.
(e) Location and dimensions of proposed disposal area, location of
all existing and proposed buildings and their size.
(f) A complete description and analysis of what material will be
stored or disposed of on the site and a description of the applicant's plans
for preventing alteration in the environment and/or what environmental changes
are anticipated as a result of the proposed land use, which should include a
complete accounting of the involvement of the Department of Natural Resources
in site selection, analysis and determination of potential effect on the
environment of the activity proposed and should further include all site- and
use-specific studies, reports or tests prepared or conducted by the Department
of Natural Resources and by every private consultant used by the applicant or
its agents in any way in connection with every site for which a permit is
requested.
(g) Driveways, access roads, parking areas, loading areas and
sidewalks.
(h) The precise special exception being requested and the reasons
for requesting.
(i) Any other information which the applicant believes the Plan
Commission may find of value in making a proper decision on the matter.
(2) Fees. At the time an application for a special exception permit
is submitted to the Town Board, the applicant shall pay a fee as set forth in
the current fee schedule on file with the Town Clerk-Treasurer. For purposes of
the calculation of the application fee referred to herein, “final project cost”
includes the cost of all modifications to the natural condition of the land
contemplated by the applicant, including but not limited to any structures,
fencing, landscaping, or soil or water retention devices, including all real
property improvements and fixtures related to the use of the premises for the
purpose for which special exception is sought. In addition to the application
fee, the applicant shall pay all expenses the Town incurs in excess of that fee
in connection with reviewing the application. The Town Board may require the
applicant to pay any such excess expenses in advance if the Board expects
extraordinary expenses. Making advance or intermittent payments shall be a
condition of continued processing of the special exception permit request.
Expenses shall include but are not limited to legal, administrative or
engineering work undertaken in connection with the application. Expenses shall
also include the cost of obtaining expert opinions needed to enable the Town
Board to make an informed decision. The Town Board shall determine independently
the need for and selection of all such experts.[4]
(3) Notice of special exception application. A notice of special
exception application shall be mailed at least 10 days prior to the Plan
Commission meeting to each record owner of property situated entirely or in
part within 0.5 mile of the property which is the subject of the special
exception request. The Town Clerk-Treasurer shall be responsible for mailing
such notice. The Town Clerk-Treasurer may require the named applicant for the
special exception to furnish an abstract or certificate showing the names and
addresses of property owners within 0.5 mile of the subject property.
(4) Review by Plan Commission. Each application for a special
exception under this chapter shall be considered by the Town of Troy Plan
Commission. The purpose of this consideration shall be to make a recommendation
to the Town Board. The Plan Commission shall act on the application within 40
days of receiving the completed application and fees, except that where
additional information is required by the Plan Commission, a recommendation
shall be made within 10 days of the receipt of all such information.
(5) Notice and public hearings. Before making any recommendation on
an application for special exception, the Plan Commission shall hold a public
hearing, after public notice, at which it shall hear oral or written statements
from the applicant, the public, Town officials and employees, or its own
members. It may question the applicant or any other person. It may recommend
approval or disapproval of the use exception requested, or it may take no
action, pending a response to its request for further information, either of
the applicant or of experts hired by the Town. The Plan Commission may impose
any necessary conditions or safeguards in making its recommendation to the Town
Board for final action, including but not limited to financial requirements
that will allow the Town to independently monitor the site for environmental
degradation and to offset any costs to the Town for additional public services
attributable to the use at issue. The Plan Commission must evaluate and comment
on any materials from the Department of Natural Resources submitted by the
applicant in making its recommendation.[5]
(6) Town Board action. The Town Board shall act on an application
within 40 days of receiving a recommendation from the Plan Commission, except
that where additional information is required by the Town Board from the
applicant or from experts hired by the Town, the Town Board shall render a
decision within 10 days from the receipt of all such information.
(7) Determination. The conditions of approval or reasons for
disapproval shall be stated by the Town Board and made a permanent part of its
minutes. Where a site that has been recommended for approval by the Department
of Natural Resources is denied a special exception by the Town Board, its
reasons for its denial shall note and explain the variance with the
recommendation of the Department of Natural Resources.[6]
(8) Recording. When a special exception is approved, a written record
shall be made of the land use and structures permitted, noting terms and conditions
of such special exception. This writing shall be signed by the Town Chairperson
and attested to by the Town Clerk-Treasurer. The owner(s) of the subject
property shall indicate his or her acknowledgment and agreement to the terms
and conditions of the special exception by signing such written record. Such
special exception approval shall be applicable solely to the structures, use
and property described therein.
(9) Termination. Where a special exception does not continue in
conformity with the conditions of the original approval, the special exception
shall be terminated by action of the Town Board preceded by a public hearing
and notice to affected parties, or it may proceed under any enforcement option
of § 170-6 of this chapter.
C. Requests for additional information. Before passing upon an
application for a special exception, the Town Board and/or Plan Commission may
require the applicant to furnish further relevant information or request
additional information or study from experts hired by the Town. The requirement
may be for specific points of information or to have the required information
compiled under and in the format of an impact study or report as described in
the St. Croix County Zoning Ordinance, § 17.70(8). If an impact study or report
is required, the Town Board shall proceed as if it were assigned the county's
decisionmaking responsibilities under that section.
D. Conditions. The Town Board may make the granting of an
application for a special exception contingent upon such express conditions as
it considers necessary to further the aims of this chapter. These conditions
may include, but are not limited to, specifications of:
(1) The period of time during which all or part of the use may be
permitted and/or commenced.
(2) Increased setback and yard dimensions.
(3) Specified sewage disposal and water supply facilities.
(4) Landscaping and planting screens.
(5) Operational control.
(6) Bonds, escrows or other financial arrangements to defray the cost
to the Town of monitoring compliance or providing additional public services.
(7) Deed restrictions.
(8) Location and amount of parking facilities.
(9) Type of construction.
(10) The requirement that the permit holder allow inspections by the
Town of Troy.
(11) Provisions for a remedial/contingency fund to pay for damages,
remedial cleanups and the like.
§ 170-4. Preexisting uses.
Nothing in this chapter
shall require a special exception permit from the Town of Troy for any
particular use which has been actually commenced prior to the effective date of
this chapter and which was duly authorized by then existing laws; provided, however,
that any change or discontinuance of such use as would require a new special
exception or amendment to an existing special exception under the nonconforming
use provisions of the St. Croix County Zoning Ordinance shall trigger
compliance with this chapter.
§ 170-5. Board of Appeals.
A. Membership. A Board of Appeals is hereby established. The Board
of Appeals shall consist of five members appointed by the Town Chairperson,
subject to confirmation by the Town Board, to three-year terms, except that of
those first appointed, one shall serve for one year, two for two years and two
for three years. For appointment purposes, each year of each term shall expire
on May 20 so that any necessary appointments to the Board of Appeals shall be
made by the Town Chairperson on or before May 20 of each year. The members
shall serve without compensation, shall all reside within the Town of Troy, and
shall be removable by the Town Chairperson for cause and upon written charges
and after public hearing. The Town Chairperson shall designate one Board of
Appeals member as Chairperson. Vacancies will be filled for the unexpired term
of members whose terms become vacant as provided herein for new appointments.
The Town Chairperson may appoint, for staggered terms of three years, two
alternate members for said Board, in addition to the five regular members. The
Town Chairperson shall annually designate one of the alternate members as first
alternate and the other as second alternate. The first alternate member shall
act only when a regular member of the Board refuses to vote because of interest
or when a member is absent. The second alternate shall so act only when the
first alternate so refuses or is absent or when more than one member of the
Board so refuses or is absent. The above provisions with regard to removal and
the filling of vacancies shall also apply to such alternates. The Board of
Appeals shall appoint one of' its members as Secretary of the Board, unless the
Town Board shall authorize the employment of a secretary.
B. Rules. The Board of Appeals shall adopt rules for its
government and procedure. Meetings of the Board shall be held at the call of
the Chairperson and at such other times as the Board may determine. The
Chairperson or, in his absence, the Acting Chairperson may administer oaths and
compel the attendance of witnesses. All meetings shall be open to the public.
C. Records. The Board of Appeals shall keep minutes of its
proceeding, showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be kept in the
office of the Board.
D. Appeals. Appeals to the Board of Appeals may be taken by any
person aggrieved or by any officer, department, board or committee of the Town
of Troy affected by a decision of the Town Board in administering this chapter.
Such appeal shall be taken within 15 days of the making of the decision
complained of by filing with the Town Board and the Board of Appeals a notice
of appeal, specifying the grounds therefor, and by paying a fee as set forth in
the current fee schedule on file with the Town Clerk-Treasurer. The Town Board
shall forthwith transmit to the Board of Appeals all papers constituting the
record upon which the action appealed from was taken. In addition to the
application fee, the applicant shall pay all expenses the Board of Appeals
incurs in excess of the application fee.[7]
E. Stay. An appeal shall stay all legal proceedings in furtherance
of the action appealed from, unless the Town Board certifies to the Board of
Appeals, after the notice of appeal has been filed, that by reason of facts
stated in the certificate a stay would, in its opinion, cause imminent peril to
life or property. In such case, legal proceedings shall not be stayed otherwise
than by a restraining order which may be granted by a court of record on
application, on notice to the Town Board and on due cause shown.
F. The Board of Appeals shall fix a reasonable time for the
hearing of the appeal and give public notice thereof, as well as giving due
notice by mail to all parties in interest, and decide the same within a
reasonable time. Upon hearing, any party may appear in person or by agent or by
attorney. The Board's decision shall be in writing, shall state the reasons for
the decision, and shall be provided to all parties to the appeal at the time it
is filed in the office of the Board of Appeals.
G. The Board of Appeals shall have the power to hear and decide
appeals where it is alleged there is an error in any order, requirement,
decision or determination made by the Town Board in the enforcement of this
chapter and to authorize upon appeal in specific cases such variance from the
requirements of this chapter as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of any provision of
this chapter would result in practical difficulty or unnecessary hardship, so
that the spirit of this chapter shall be observed, public safety and welfare
secured and substantial justice done.[8]
H. In exercising the above-mentioned powers, 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 body from which the appeal is taken and may issue or direct
the issuance of a permit.
I. The concurring vote of four members of the Board shall be
necessary to reverse any order, requirement, decision or determination of the
Town Board or to decide in favor of the applicant on any matter upon which it
is required to pass under this chapter. The grounds of every such determination
shall be stated.
J. Any person or persons jointly or severally aggrieved by any
decision of the Board of Appeals or any taxpayer or any officer, department,
board or bureau of the Town may, within 30 days after the filing of the
decision in the office of the Board of Appeals, commence an action seeking the
remedy available by certiorari and pursuant to state law.
§ 170-6. Enforcement; violations and penalties.
A. Introduction and explanation. This section provides for
enforcement and penalties for violations of this chapter. The Town of Troy may
initiate court action to enforce this chapter. The result may be a court
injunction or forfeitures. The Town of Troy may also issue citations for
violations of this chapter. Nothing herein shall prevent the Troy Town Board
from simultaneously taking action to revoke any special exception granted and
enforcing the provisions of this section.
B. Declaration of unlawful conduct, activities and conditions;
violation of land use provisions.
(1) No building or structure shall be erected, constructed, placed,
moved or structurally altered nor shall any use of land, premises, building or
structure be established or changed in violation of this chapter.
(2) Failure to comply with this chapter or with any condition placed
upon the issuance of a special exception granted under this chapter shall be a
violation of this chapter.
C. Identification and liability of parties.
(1) Owners of lands or properties, occupants of land or premises and
agents of owners or occupants, including, without limitation because of
enumeration, building contractors, surveyors, plumbers, installers, soil
technicians, road builders, grading and excavating contractors and their agents
and lending institutions and insurers and their agents, are responsible for
compliance with all provisions of this chapter and the County Zoning Ordinance
which bear upon their area of competency and responsibility.
(2) Any person who violates or aids or abets in a violation of this
chapter shall be liable to prosecution or remedial action.
(3) This chapter applies fully to all public governmental and
quasi-public and quasi-governmental lands, developments and activities unless
specifically exempted by state or federal law.
D. Investigation of compliance; notice of violations.[9]
(1) The Town Board is responsible for inspecting and investigating
compliance of land use activities with the terms of this chapter.
(2) If upon such inspection or investigation the Town Board becomes
aware of a condition which it concludes is or is likely to become a violation,
the Town Board shall immediately notify the parties it deems to be responsible
and potentially liable of the detected violation. Such notice shall include:
(a) A demand that the condition that is alleged to constitute the
present or potential violation be halted, prevented from occurring or remedied;
or
(b) A statement that a complaint on the condition and demand for
prosecution has been or will be transmitted to an attorney engaged by the Town
Board, or the District Attorney or enforcement officials, or state agencies, or
each of them.
(3) If an enforcement demand is issued and is not complied with, the
Town Board shall file a complaint and demand for prosecution or issue a
citation pursuant to Chapter 39, Citations, of this Code, unless an appeal to
the Board of Appeals or Circuit Court has been commenced and an order staying
enforcement has been issued by the entity with jurisdiction over the appeal.
E. Prosecution; injunctions and penalties in court proceedings.
(1) The Town Board shall arrange for an attorney to expeditiously
prosecute all violations of this chapter.[10]
(2) Nothing in this section shall be deemed to prevent private
prosecutions of violations pursuant to § 59.69(11), Wis. Stats., or other
sections of the Wisconsin Statutes or provisions of common law.
(3) For violation of this chapter, a forfeiture as provided in
Chapter 39, Citations, of this Code shall be imposed upon conviction or adjudication,
plus the costs of prosecution for each violation.
(4) Each day a violation exists constitute a separate offense.
(5) As a substitute for or an addition to forfeiture actions, the
attorney engaged by the Town Board may, on behalf of the Town Board, seek
enforcement of any and all parts of this chapter by court actions seeking
injunctional orders or restraining orders.
F. Other enforcement provisions.
(1) Where a special exception use has been approved subject to
specified conditions and where such conditions are not complied with, the Town
Board may conduct a hearing following procedures similar to those followed in
considering the granting of such a special exception. Finding of noncompliance
with the conditions originally imposed shall be grounds for revocation.
(2) No provision of this chapter shall be construed to bar private or
public action to enjoin or abate the use or occupancy of any land or structure
as a nuisance under the laws of Wisconsin.
§ 170-7. Severability.
It is the intention of the
Town of Troy that the provisions of this chapter be severable as follows:
A. If any court of competent jurisdiction shall adjudge any
provision of this chapter to be invalid, such judgment shall not affect any
other provision not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, other structure or land use, such judgment shall not affect the application of said provision to any other property, building, structure or land use not specifically included in said judgment.
[1]. Editor's Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[9]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[10]. Editor’s Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).