A.
Pursuant to § 61.35 of Wisconsin Statutes, this chapter
shall be known as, referred to, or cited as "Zoning Code, Village
of Winneconne, Wisconsin."
B.
It is not the intent of this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, ordinances, rules or permits previously adopted or issued
pursuant to law. However, wherever this chapter imposes greater restrictions,
the provisions of this chapter shall apply.
C.
The provisions of this chapter shall be interpreted and applied as
minimum requirements, shall be construed in favor of the Village and
shall not be deemed a limitation or repeal of any power granted by
the Wisconsin Statutes.
D.
Jurisdiction of this chapter shall include all lands and waters within
the corporate limits of the Village of Winneconne and, where allowed
by state statute or other applicable regulation, any lands included
in the Village of Winneconne extraterritorial zoning jurisdiction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The purpose of this chapter is to adopt minimum requirements
to promote the health, safety, morals, prosperity, aesthetics and
general welfare of the Village; to regulate and restrict the height,
number of stories and size of buildings and other structures, the
percentage of lot that may be occupied, the size of yards, courts
and other open spaces, the density of population and the location
and use of buildings, structures and land for trade, industry, residence
or other purposes; and for said purposes to divide the Village into
districts of such number, shape and area as are deemed best suited
to carry out the said purposes. This chapter is designed to determine,
establish, regulate, and restrict:
A.
Areas in which agriculture, forestry, industry, mining, trades, business
and recreation may be conducted.
B.
Areas in which residential uses may be regulated or prohibited.
C.
Areas in or along natural watercourses, channels, streams, and creeks
in which trades or industries, filling or dumping, erection of structures
and the location of buildings may be prohibited or restricted.
D.
Campgrounds, trailer parks, mobile home parks, manufactured home
parks, and motels.
E.
Certain areas, uses or purposes that may be subjected to special
regulation.
F.
The location of buildings and structures designed for specific uses
and designation of uses for which buildings and structures may not
be used or altered.
G.
The location, height, bulk, number of stories and size of buildings
and other structures.
H.
The location of roads, parks, and schools.
I.
Building setback lines.
J.
The density and distribution of population.
K.
The percentage of lot that may be occupied, size of yards, courts,
and other open spaces.
L.
Places, structures, or objects with a special character, historic
interest, aesthetic interest or other significant value, historic
landmarks and historic districts.
M.
Burial sites, as defined in § 157.70, Wis. Stats.
The Plan Commission shall be recognized as the Zoning Agency for the Village in accordance with Chapter 19, Article IV. In addition, the Commission shall be conferred with the following duties and powers:
A.
Oversee the functions of the office of the Zoning Administrator.
B.
Review all proposed amendments to the zoning ordinance map and text,
including, but not limited to, zoning, floodplain, shoreland, and
wetland maps of the Village.
C.
Maintain a complete public record of all its proceedings and provide
a copy for the record to the Village Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Administrator shall also serve as the Zoning Administrator, unless another person or entity is appointed by the Village Board. The Zoning Administrator is hereby authorized to administer and enforce the provisions of this chapter and Chapters 546 and 559 of this Code through use of the following duties and powers:
A.
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms;
C.
Keep records of all permits issued, inspections made, work approved
and other official actions;
D.
Have access to any structure or premises for the purpose of performing
these duties;
E.
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation, map or text amendments,
and any other documentation associated with this chapter to the appropriate
federal, state or local agency as required by federal, state or local
regulation or other applicable law in a timely manner; and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All applications for a building permit shall be subject to a
zoning review by the Village Zoning Administrator for impact, adherence,
compliance, conflict, or other obligations with this Code.
A.
All building permit applications shall be made to the Building Inspector
and shall be accompanied by plans, in duplicate, drawn to scale, showing
the name and address of the property owner, location, actual shape
and dimensions of the lot to be built upon, high-water mark of any
abutting watercourse, center line of abutting streets and highways,
the exact size and location on the lot of the proposed or existing
building and accessory building, the lines within which the building
shall be erected, altered or moved, the existing and intended use
of each building or part of a building, the number of families the
building is intended to accommodate, and such other information with
regard to the lot and neighboring lots or buildings as may be necessary
to determine and provide for the enforcement of this chapter.
B.
Fees for such permits shall be established by the Village Board.
A zoning permit shall be obtained from the Zoning Administrator before any new "development," or any change of an existing use, lot, parcel, building, or structure, is initiated or any change in the use of an existing building or structure, including sewage disposal systems and water supply facilities, may be initiated, unless specifically exempted by another section of this chapter and Chapters 546 and 559 of this Code. Application for a zoning permit shall be made to the Zoning Administrator upon furnished application forms and shall include the following data:
A.
Name, address, and telephone number of the applicant, property owner
and contractor-builder; legal description of the property; proof of
ownership and/or control of the property (for example, a recorded
deed, lease or recorded land contract).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Type of proposed use and an indication as to whether new construction
or a modification to an existing structure is involved.
C.
Whether or not a private water supply or sewage system is to be installed.
D.
A site development plan shall be drawn to scale and submitted as
a part of the permit application form and shall contain the following
information:
(1)
Location, dimensions, area and elevation of the lot.
(2)
Location of the ordinary high-water mark of any abutting navigable
waterways.
(3)
Location of any structures with distances measured from the lot lines
and center line of all abutting streets or highways.
(4)
Location of any existing or proposed on-site sewage systems or private
water supply systems.
(5)
Location and elevation of existing or future access roads.
(6)
Existing and proposed topographic drainage features and vegetative
cover.
(7)
Location of floodplain and floodway limits on the property as determined
from the official floodplain Zoning Maps, including ordinary high-water
mark of any abutting navigable waterways.
(8)
Boundaries of all wetlands on the property or in close proximity
and specifications and dimensions for areas of proposed wetland alteration.
(9)
Floor elevation for proposed buildings and any fill, using National
Geodetic and Vertical Datum (NGVD).
(11)
Data sufficient to determine if the proposed development will
cause either an obstruction to flow or an increase in regional flood
height or discharge.
E.
For situations involving floodplain concerns, the applicant shall
submit a certification signed by a registered professional engineer
or professional land surveyor that the fill, lowest floor and floodproofing
elevations are in compliance with the permit issued.
F.
For situations involving floodproofing measures, the applicant shall submit a certification signed by a registered professional architect or registered professional engineer that floodproofing adequacy meets the requirement of this chapter and Chapters 546 and 559 of this Code and applicable state or federal requirements.
G.
It is the responsibility of the applicant to secure all other necessary
permits from all appropriate federal, state and local agencies, including
those required by the U.S. Army Corps of Engineers under Section 404
of the Federal Water Pollution Control Act amendments of 1972, 33
U.S.C. § 1334.
H.
Where a zoning permit, variance, or conditional use is approved,
an appropriate record shall be made by the Zoning Administrator of
the land use and structures permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No land shall be occupied or used and no building which is hereafter
constructed, altered, added to, modified, rebuilt, or replaced shall
be occupied until a certificate of compliance is issued by the Zoning
Administrator subject to the following provisions:
B.
Application for such certificate shall be concurrent with the application
for a zoning or conditional use permit.
C.
The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform to all the provisions of this chapter and Chapters 546 and 559 of this Code.
D.
The Zoning Administrator may issue a temporary certificate of compliance
for a building, premises or part thereof pursuant to rules and regulations
established by the municipal governing body.
E.
Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this chapter and Chapters 546 and 559 of this Code.
In situations where the applicant is requesting that certain
zoning restrictions be waived in order to provide equal housing opportunities,
or access to public accommodations, for a handicapped or disabled
person, the following information shall be provided:
The Zoning Administrator shall issue a zoning permit that waives
specified zoning ordinance requirements if the Zoning Administrator
determines that both of the following conditions have been met:
A.
The accommodation (i.e., the waiver of zoning restrictions) that
has been requested, or another less extensive accommodation, is necessary
to afford equal housing opportunity, or equal access to public accommodations,
for disabled or handicapped persons, and is the minimum accommodation
that will give the handicapped or disabled persons adequate relief.
B.
The accommodation will not unreasonably undermine the basic purposes
that the chapter seeks to achieve.
C.
If the Zoning Administrator issues a zoning permit to a handicapped
or disabled person, or to the owner of a place of public accommodations,
that waives certain specified zoning requirements, the permit shall
state that:
(1)
Issuance of the permit is required by the Federal Fair Housing Act,
and the Wisconsin Open Housing Law (§ 106.50, Wis. Stats.), or
the Americans with Disabilities Act.
(2)
Where appropriate, the Zoning Administrator shall attach to the permit
the condition that the building addition or other structure (such
as entrance ramps) that is authorized by the permit must be constructed
in such a way that it can easily be removed when the handicapped or
disabled person no longer occupies the property. If such a condition
is attached to the permit, the property owner is required by this
section to notify the Zoning Administrator no later than 30 days after
the handicapped or disabled person vacates the property.
(3)
In cases where the Zoning Administrator issues a permit to a handicapped
or disabled person that is conditioned upon the building addition
or other structure being removed when the handicapped or disabled
person no longer occupies the property, the permit shall not become
effective until the owner of the property signs an affidavit, and
records it at the County Register of Deeds Office, that gives notice
that the building addition or other structure authorized by the permit
is only authorized for the period of time that a handicapped or disabled
person who requires the structure occupies the property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Board hereby designates that it is the duty of the Village Zoning Administrator, with the aid of the Building Inspector and the Police Department, to enforce the provisions of this chapter and Chapters 546 and 559 of this Code.
A.
Village Administrator shall review and issue permits and notices,
coordinate decisions, and keep written records of the proceedings
for this chapter.
B.
Building Inspector or Village Administrator, as appropriate, shall
provide violation notices and necessary inspections as requested and
required herein and at the discretion of the Administrator.
C.
The Police Department shall serve notice of violation(s) and serve
tickets for noncompliance on any necessary landowner as directed by
the Administrator or Building Inspector and as allowed in accordance
with Village ordinance and/or state law. Police Department may report
to the Building Inspector any activities which are being carried out
without the required permit.
D.
Plan Commission shall have the duties and responsibilities as provided
for herein within applicable Village ordinances and provided for within
Wisconsin State Statutes.
E.
Zoning Board of Appeals shall have responsibility to hear and decide
alleged errors and special exceptions, authorize variances, permit
building erection or use, reverse or affirm wholly or in part a previous
administrative decision of the ordinance or statute upon properties
or persons residing within the active Village of Winneconne incorporation
limit.
F.
Where conditions of a zoning, variance or conditional use permit
are violated, the permit may be revoked by the issuing entity after
proper notice and right to cure as set forth in the permit itself
or other applicable regulation.
G.
The Plan Commission may provide notice and right to cure requirement
in the particular permit at the time it is approved. If there are
no notice or cure provisions contained in the particular permit, and
no other statute or ordinance applies, in nonemergency situations
that do not involve a threat to the public health, a violator shall
be given notice and a thirty-day period to cure the violation. Such
notice shall be mailed by first-class mail to the address of record
with the Village or the property address or personally served upon
the occupant, the applicant and/or the property owner. The thirty-day
period shall begin on the 3rd day after such notice is placed in the
U.S. Mail for delivery or on the date it is personally served. If
the violation is cured within the applicable period, no forfeitures
shall accrue.
H.
Any violations of the provisions of this chapter by any person shall
be unlawful and may be forwarded by the Police Department to the Village
Attorney, who shall expeditiously prosecute all such violators.
I.
Each day during within such violation exists shall constitute a separate
offence and a separate forfeiture shall accrue for each day.
J.
A violator shall, upon conviction, forfeit to the Village a forfeiture
equal to three times the respective permit expense per each day the
violator has been in violation.
K.
Every violation of this chapter is a public nuisance and the creation
thereof may be enjoined and the maintenance thereof may be abated
by action at suit of the Village, the state or any citizen thereof.
L.
The remedies contained herein shall be cumulative and not exclusive
of one another. The Zoning Administrator, in the Zoning Administrator's
sole discretion, may decide what remedies to pursue where appropriate.
