This chapter is enacted under § 62.23,
Wis. Stats., to promote the public health, safety, morals and general
welfare; to regulate and restrict the height, number of stories and
size of buildings and other structures, the percentage of lot which
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 and other purposes, and for
such purpose to divide the City into districts of such number, shape
and area as are deemed best suited to carry out such purposes; to
provide a method for administration and enforcement; and to provide
penalties for violations.
This chapter shall be known as the "Official
Zoning Code of the City of St. Francis, Wisconsin," and may be so
cited, and further reference elsewhere as "Zoning Code" and herein
as "this code" or as "this chapter" shall imply the same wording and
meaning as the full title.
A.
Minimum requirements herein. The provisions of this
chapter shall be held to be the minimum requirements for the promotion
of the public health, safety, morals and welfare of the City.
B.
Conflict with other regulations. Whenever the requirements
of this chapter conflict with the requirements of any other lawfully
adopted laws and ordinances, the most restrictive, or that imposing
the highest standards, shall govern.
C.
Cumulative provisions. The provisions of this chapter
are cumulative and pose additional limitations upon all other laws
and ordinances, heretofore passed or which may be passed hereafter,
governing any subject matter in this chapter.
D.
Existing unlawful buildings and uses. No building,
structure, or use which was not lawfully existing at the time of the
adoption of this chapter shall become or be made lawful solely by
reason of the adoption of this chapter, and to the extent that, in
any manner, the unlawful building, structure or use is in conflict
with the requirements of this chapter it remains unlawful.
E.
Consent not implied; permits, licenses and approvals
required. Nothing contained in this chapter shall be deemed to be
a consent, license or permit to use any property or to locate, construct
or maintain any building, structure or facility or to carry on any
trade, industry, occupation or activity without the required permits,
licenses and/or approvals.
F.
Language.
(2)
The present tense includes the past and future tenses.
Singular words shall include the plural, and plural words shall include
the singular.
(3)
Any word denoting gender includes the female, male
and neuter.
(4)
The word "person" includes an individual, firm, association,
partnership, trust, company, corporation or any other legal entity.
(5)
The phrase "used for" includes the phrases "arranged
for," "designed for," "intended for," "maintained for" and "occupied
for."
(6)
The word "shall" is mandatory; the word "may" is permissive.
(7)
Unless the context clearly indicates to the contrary,
where an illustration accompanies any item within this chapter, the
written text and its interpretation shall have precedence over said
illustration.
It is not intended by this chapter to repeal,
abrogate, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, ordinances, rules, regulations,
or permits previously adopted or issued pursuant to laws. However,
wherever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
A.
Part, division, section, provision, or portion of
this chapter. If any part, division, section, provision, or portion
of this chapter is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this chapter shall not
be affected thereby.
B.
Application of this chapter to a particular structure,
land or water. If an application of this chapter to a particular structure,
land, or water is adjudged unconstitutional or invalid by a court
of competent jurisdiction, such judgment shall not be applicable to
any other structure, land, or water not specifically included in said
judgment.
The jurisdiction of this chapter shall apply
to all structures, lands, water, and air within the corporate limits
of the City of St. Francis. Unless specifically exempted by law, all
cities, villages, towns, counties, other municipal corporations and
state agencies are required to comply with this chapter and obtain
all required permits.
A.
General compliance. No structure, development, land,
water, or air shall hereafter be used and no structure or part thereof
shall hereafter be located, erected, moved, reconstructed, substantially
improved, extended, enlarged, converted, or structurally altered without
a building permit and/or certificate of occupancy and without full
compliance with the provisions of this chapter and all other local,
county, state and federal regulations.
B.
Zoning compliance. The following specific zoning provisions
shall be complied with:
(1)
Changes in structures or use. Except as may otherwise be provided in § 455-20, regarding nonconforming buildings, structures and uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations which are applicable to the zoning districts in which such buildings, uses, or land shall be located, except as specified herein.
(2)
Nonconforming buildings, structures and uses. Any lawfully established building, structure, or use existing at the time of enactment of this chapter may be continued, even though such building, structure, or use does not conform to the provisions of the zoning district in which it is located. Whenever a zoning district is changed thereafter, the then existing lawful use may be continued, subject to the provisions of § 455-20 of this chapter.
(3)
Site suitability. No land shall be used or structure
erected where the land is held unsuitable for such use or structure
by the Common Council by reason of flooding, concentrated runoff,
inadequate drainage, adverse soil or rock formation, erosion susceptibility,
or any other feature likely to be harmful to the health, safety, and
general welfare of this community. The Common Council, in applying
the provisions of this chapter, shall, in writing, record the particular
facts upon which it bases its conclusion that the land is not suitable
for certain uses. The applicant shall have an opportunity to present
evidence contesting such unsuitability if so desired. Thereafter,
the Common Council may affirm, modify, or withdraw its determination
of unsuitability.
Nothing herein contained shall require any change
in the plans, construction, size or designated use of any building
or part thereof for which a building permit has been issued before
the effective date of this chapter and the construction of which has
been started within six months from the date of such permit and diligently
pursued.
A.
General provisions. In addition to any other fees
required to be paid in conjunction with the filing of an application
requesting any consideration on the part of the Common Council, the
City Planning Commission, or the City Zoning Board of Appeals to establish
or modify any use of land or subdivision of land within the City,
the person, partnership, or entity requesting such consideration (hereinafter
called "applicant") shall compensate the City for all costs and expenses
the City incurs in the consideration and recommendations regarding
any such application or request which are required over and above
a single review.
B.
Presubmission discussions. The obligation to compensate
the City for its costs or expenses shall extend to all presubmission
discussions with the City or its representatives which precede an
application to the City.
C.
Applicant certificate. Before the City shall incur
any costs or expenses in consideration of any application as described
in this chapter, the applicant shall sign an acknowledgement and certificate
on a form to be made available by the City Clerk acknowledging the
applicant's responsibility for all City costs and expenses directly
or indirectly related to the applicant's request. The original of
said acknowledgment and certificate shall be kept on file with the
City Clerk. A copy shall be given to the applicant at the time of
signing.
D.
Costs recoverable. All costs incurred by the City in the consideration of any requests by an applicant related to this chapter or Chapter 402, Subdivision of Land, shall be recoverable, including, without limitation by enumeration, the following:
[Amended 10-18-2005 by Ord. No. 1202]
(1)
All professional and technical consultant services
and fees retained by the City and rendered in review of any application,
including but not limited to the City Engineer, Planner, City Attorney
or any other professional or expert hired by the City for purposes
of review of the application or presubmission request.
(2)
Legal publication costs.
(3)
Court reporter costs, as deemed necessary by the City
Planning Commission.
(4)
Copy reproduction.
(5)
Postage.
(6)
Inspection fees incurred by the City Building Inspector.
(7)
Document recording (if required).
E.
Billing of costs. The City Clerk shall, on a monthly
basis, bill all costs recoverable, other than all professional City
Attorney fees, including fees of any designee of the City Attorney,
pursuant to this chapter to the applicant, which said costs shall
be paid by the applicant within 10 days of receipt of the City's billing.
The Common Council may require an applicant to submit an advance deposit
against future billings by the City for the recovery of costs provided
by this chapter. Surplus deposit shall be returned to the applicant
at the conclusion of the project if such deposit exceeds the amount
of billings for recoverable costs. Any billed costs from the City
unpaid at the expiration of said ten-day period shall bear interest
at the rate of 18% per annum.
[Amended 10-18-2005 by Ord. No. 1202]
F.
Billing of attorney fees. The City Attorney shall,
on a monthly or quarterly basis, bill all costs recoverable pursuant
to this chapter to the applicant, which said costs shall be paid by
the applicant within 10 days of receipt of the City Attorney's billing.
Any billed costs from the City Attorney unpaid at the expiration of
said ten-day period shall bear interest at the rate of 18% per annum.
[Added 10-18-2005 by Ord. No. 1202]
G.
Conditions of all applications. Notwithstanding anything
in the City Code to the contrary, payment in full of all recoverable
costs pursuant to this chapter shall be a precondition to the final
approval of any application. This precondition shall extend to any
City board request for an advance deposit against future billings
for recoverable costs as called for herein.
[Amended 10-18-2005 by Ord. No. 1202]
H.
Enforcement. In addition to those provisions for enforcement
contained in the City Code, in the event that the City is not paid
billed recoverable fees as called for herein, the City shall be entitled
to recover all actual attorney fees, litigation expenses, witness
fees, filing fees, expert witness fees, and all other costs or expenses
incurred by the City in the prosecution of a violation of this chapter,
regardless of whether the City prevails in such prosecution or not.
[Amended 10-18-2005 by Ord. No. 1202]
[Amended 12-7-2004 by Ord. No. 1179; 1-18-2005 by Ord. No.
1180]
The fees for reproduction of zoning maps and
CD copies of the Zoning Code shall be as provided by the current fee
schedule on file with the City Clerk.
