Town of
Chapter 21
Protective Covenants of the
WHEREAS the Town of
T45N,
R9W –East ˝ of the NE Quarter of Section34 lying South of
WHEREAS the undersigned is undertaking and
intends to subdivide the above described lands for use as an industrial
subdivision to be known as “Barnes Industrial Park”, ordaining hereby that
certain restrictions shall hereinafter govern the subdivision and use of said
lands in the interest of protecting the health, safety, welfare and convenience
of the Town of Barnes, and
WHEREAS the objectives of the
Section 1. General
a) Use
of
(i) Land to be subdivided in the
(ii) The Town Board of The Town of Barnes may
authorize the location of any other uses in the
Barnes Industrial Park, provided that
the Board shall find that such location will tend to improve employment,
benefit the effective utilization of lands in the Barnes Industrial
Park and will tend to minimize the effects upon the neighborhood and the
community of any noxious and deleterious characteristics of such uses as
smoke, gases, odor, noise, heat,
or glare.
(iii)
Excluded
from consideration as appropriate uses are residential housing or retail sales.
b) Management
Plan (Town Management Plan Authority)
(i) A management plan shall be authorized
for operation of the
Section 2. Powers of the
a) To
approve or disapprove a management plan for operation of the Barnes Industrial Park.
b) To
approve or disapprove lease of land in the
c) To
hear requests for special exceptions or variances to the terms of this Ordinance.
d) To
authorize, upon appeal in specific cases, such as exception or variance as
defined in Section 7 from the terms of this Ordinance as will not be
contrary to the public interest, where owing to special conditions peculiar to a
specific property, a literal enforcement will result in practical difficulty or
unnecessary hardship, so that the spirit of the ordinance shall be
observed, public safety and welfare secured and substantial justice done.
Section 3. Town Obligations
a) The
Town of
b) The
Town of
c) To
enforce Ordinances which affect the proper operation of the Industrial Park.
d) To
provide an annual operating budget for operations and marketing of the
e) To
prepare a Management Plan for managing the Industrial Park, addressing
at least the following functions:
(i) Definition
of Terms
(ii) Approval of
plans and specifications
(iii) Location of
Structures
(iv) Driveways
(v) Control of
emissions, effluents and waste
(vi) Lease of
land.
f) The Board will update the
Barnes Industrial Park Management Plan in intervals
not to exceed five years.
Section 4. Penalty Provisions
a) Penalties
prescribed in the Ordinances of the Town of
Section 5. Severability and Conflict
a) If
any section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court or
competent jurisdiction, such portion shall be
deemed a separate, distinct or independent provision and such holding shall
not affect the validity of the remaining portion of the ordinance.
Section 6. Definitions of Terms
a) Exception
means the use of property, including the use and location of buildings, the
size of lots and the dimensions of required yard, otherwise not allowed under
the terms of this ordinance, which is permissible by reason of special provisions of this
ordinance or for which a special permit may
be issued by the Board under conditions specified in this ordinance.
b) Variance means a departure from the
terms of this ordinance as applied to
a specific building, structure or parcel of land which the Board may permit, contrary to
the regulations of the ordinance for the district in which such building structure or
parcel of land is located, when the Board finds that a literal application of such
regulations will affect a limitation on the use of the property, which does not
generally apply to other properties in the
same district and for which there is not compensating gain to public health, safety
and welfare.
This
Ordinance shall repeal all other ordinances insofar as such ordinances conflict
herewith.
This
ordinance is effective upon publication or posting. The Town Clerk-Treasurer shall properly post
or publish this ordinance as required under s. 60.80, Wis. Statutes.
Adopted
this 20th Day of May, 2008
Town of
__________________________ ___________________________
__________________________ ___________________________
__________________________
Adopted:____________
Published :
___________ Posted: ____________
Attest: _______________________ Dated: _____________
Elaine J.
Brustad, Clerk-Treasurer