This chapter shall be known as the "Pierce County
Zoning Ordinance," hereinafter referred to as "this chapter."
This chapter is adopted pursuant to the authority
granted by §§ 59.51, 59.696, 59.697, 56.698, 59.69
and 59.692, Wis. Stats. Additionally, it employs those powers or provisions
provided for in §§ 59.694, 91.71 through 91.79 and
281.31, Wis. Stats. This chapter shall constitute a comprehensive
revision, as described in § 59.69(5)(d), Wis. Stats., of
the 1972 Pierce County Zoning Ordinance and its subsequent amendments.
This chapter consists of written text and zoning
maps, which shall, at all times, be considered as parts of a whole.
In addition, other maps and materials referenced in the text are used
to support this chapter.
[Amended 10-26-1999 by Ord. No. 99-11; 4-22-2008 by Ord. No. 07-09]
The purpose of this chapter is to promote and protect public
health, safety, aesthetics and other aspects of the general welfare.
Further purposes of this chapter are to:
A.
Aid in implementing the adopted County Land Management Plan.
B.
Promote public health, safety, convenience and general welfare.
C.
Encourage planned and orderly land use development.
D.
Protect property values and the property tax base.
E.
Permit the careful planning and efficient maintenance of highway
systems.
F.
Ensure adequate highway, utility, health, educational and recreation
facilities.
G.
Recognize the needs of agriculture, forestry, industry and business
in future growth.
H.
Encourage uses of land and other natural resources which are in accordance
with their character and adaptability.
I.
Provide adequate light and air, including access to sunlight for
solar collectors and to wind for wind energy systems.
J.
Encourage the protection of groundwater resources.
K.
Preserve wetlands.[1]
[1]
Editor’s Note: Former Subsection L, which immediately followed and set forth the prevention and control of water pollution and the protection of spawning grounds, fish and aquatic life as purposes of this chapter, was repealed 9-27-2016 by Ord. No. 16-03. Said Ord. No. 16-03 also redesignated former Subsections M through P as Subsections L through O, respectively.
L.
Conserve soil, water and forest resources.
M.
Protect the beauty and amenities of landscape and man-made developments.
N.
Provide healthy surroundings for family life.
O.
Promote the efficient and economical use of public funds.
A.
All use of land and water shall comply with the provisions
of this chapter, and any structure or part thereof which is hereafter
used, located, erected, moved, reconstructed, extended, enlarged,
converted or structurally altered shall be done so in full compliance
with the provisions of this chapter.
B.
Unless specifically exempted by law, all cities, villages,
towns and counties are required to comply with this chapter and obtain
all necessary permits in areas under the jurisdiction of this chapter.
State agencies are required to comply when § 13.48(13),
Wis. Stats., applies. The Wisconsin Department of Transportation is
exempt from the requirements of this chapter when § 30.12(4),
Wis. Stats., applies.
A.
Applicability. This chapter shall affect the unincorporated areas of Pierce County, or applicable portions thereof, as provided in Subsection B.
B.
Effect. Upon enactment by the Pierce County Board
of Supervisors, this chapter shall go into full force and effect as
follows:
(1)
Except as provided in Subsection B(2), within any
town this chapter shall go into effect upon approval by the applicable
town board and upon filing with the Pierce County Clerk by the applicable
town clerk of a certified copy of an approving resolution attached
to one copy of this chapter, as provided in § 59.69(5)(c),
Wis. Stats.[1]
[1]
Editor’s Note: Former Subsection B(2), which immediately
followed and stated when the chapter would be effective in shoreland
areas, was repealed 9-27-2016 by Ord. No 16-03.
C.
The Pierce County Zoning Ordinance of 1972, as amended,
shall remain in effect until this chapter is approved by the applicable
town boards or for a period of one year from the day following its
enactment by the Pierce County Board of Supervisors, whichever comes
first. If a town board does not approve this chapter by the end of
the one-year period, neither this chapter nor the Pierce County Zoning
Ordinance of 1972, as amended, shall be in effect in that town, except
for the shoreland of that town.
[Amended 9-27-2016 by Ord. No. 16-03]
A.
Except as provided in § 240-6C of this chapter, the Pierce County Zoning Ordinance of 1972, as amended, is hereby repealed.
B.
Except as this chapter may conflict with Chapter 91,
Wis. Stats., Farmland Preservation, wherever this chapter imposes
greater restrictions than other similar regulations, the provisions
of this chapter shall govern. Wherever the provisions of this chapter
conflict with the provisions of Chapter 91, Wis Stats., Farmland Preservation,
the provisions of Chapter 91 shall prevail.
C.
It is not intended by this chapter to repeal, abrogate,
annul, impair or interfere with any existing easement, covenant, deed
restriction or agreement. Pierce County shall not enforce any easement,
covenant, deed restriction or agreement to which it is not a party.
D.
It is not intended by this chapter to repeal, abrogate,
annul, impair or interfere with any permit previously issued pursuant
to Pierce County ordinances.
The provisions of this chapter shall be construed
to be minimum requirements. Further, interpretation and application
of the provisions of this chapter shall take into account the purposes
of this chapter.
If any section, paragraph, clause, 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. If any 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.
This chapter shall not create liability on the
part of, or cause of action against, Pierce County or any officer
or employee thereof for any damages that may result from reliance
on this chapter.
No rights to any particular use vest in any
property owner simply because the use is permitted by this chapter.
Such use may be prohibited by future amendment to this chapter. However,
the approval and issuance of a permit shall vest in the property owner
the right to use the property in the manner specifically approved
by the permit unless and until the permit expires. Rights afforded
to nonconforming uses and structures under this chapter will not be
interfered with as a result of application of this chapter.
Headings are used throughout this chapter to
assist users of this chapter. If a heading should conflict with the
text in interpreting this chapter, the text shall control.
