Protective Covenants of the
WHEREAS the Town of
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
(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,
(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.
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
c) To enforce Ordinances which affect the proper operation of the Industrial Park.
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
(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
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
Published : ___________ Posted: ____________
Attest: _______________________ Dated: _____________
Elaine J. Brustad, Clerk-Treasurer