Town of Barnes

Chapter 21

Protective Covenants of the

Barnes Industrial Park


WHEREAS the Town of Barnes, Wisconsin, a municipal corporation, is the owner of the following described lands, to wit:


            T45N, R9W –East ˝ of the NE Quarter of Section34 lying South of County N            minus the current Transfer/Compactor Site


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 Barnes Industrial Park are (1) creation and retention of jobs and (2) adding tax base of the Town.


NOW THEREFORE, in consideration of the aforesaid and for the purpose of preserving the value of lots contained within the subdivision, the undersigned hereby declares and provides that all subdivision of the lands above described shall be subject to the following restrictions, covenants and conditions which will run with the land and are not personal to each individual:


Section 1. General


            a)         Use of Industrial Park Land

                        (i)         Land to be subdivided in the Barnes Industrial Park is intended                                            only for general industrial use for those industries which are not in                                              conflict with any federal, state or local laws, regulations or                                                       ordinances.

                        (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                                                 Barnes Industrial Park.


Section 2. Powers of the Barnes Town Board


            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 Barnes Industrial Park.

            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 Barnes covenants to maintain in good repair accessible                                 roadways to the Industrial Park.

            b)         The Town of Barnes covenants to provide all reasonable town services,                             including police protection and snow plowing to the Industrial Park.

            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 Barnes Industrial Park.

            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 Barnes shall apply                          to the Barnes Industrial Park and all occupants therein.


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 Barnes



__________________________                                ___________________________

Dick Collyard, Chairman                                             Jack Meinke, Supervisor


__________________________                                ___________________________

Christine Webb, Supervisor                                       Donna Porter, Supervisor



Mitch McGee, Supervisor




Published : ___________                                           Posted: ____________



Attest: _______________________                           Dated: _____________

Elaine J. Brustad, Clerk-Treasurer