The jurisdiction of this chapter shall include all lands within the Town of Winneconne. However, in no instance shall the provisions of this chapter apply to:
A. 
Transfers of interest in land by will or pursuant to court order.
B. 
Leases for a term not to exceed 10 years, mortgages or easements.
C. 
Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the resultant lots are not reduced below the minimum size required by these regulations, the County Zoning Ordinance or other applicable laws or ordinances. For the purpose of this section, an additional lot is deemed to be created if the parcel being sold or created is not combined with the adjoining parcel by means of a new legal description in accordance with § 275-7.
Lots shall be combined into one parcel according to § 275-7 when one or more of the following occurs:
A. 
The requirements of § 275-5C are not met.
B. 
A use, structure, or structural addition that occupies more than one lot under the same ownership.
C. 
Existing substandard lots on record platted according to Ch. 236 Wis. Stats., when, in the determination of the Zoning Administrator, the intent of the district will not be maintained at the time of construction.
Any division of land within the jurisdictional limits of these regulations which results in a land division, replat or condominium plat as defined herein shall not be entitled to recording and/or improvements to the land unless it is consistent with the provisions of Ch. 236, Wis. Stats., and in compliance with all the requirements of this chapter and:
A. 
Duly approved County Zoning and Private Sewage System Ordinances.
B. 
County Access Control Ordinance.
C. 
Applicable local ordinances.
D. 
Provisions of the Winnebago County Land Records Ordinance as enumerated in § 8.05 of the Winnebago County Code.
E. 
Town of Winneconne Comprehensive Plan.
F. 
Town of Winneconne Road Development Ordinance.[1]
[1]
Editor's Note: See Ch. 270, Streets and Sidewalks, § 270-4, Town road requirements.
G. 
State of Wisconsin Administrative Code provisions.
No land shall be divided which is held unsuitable for any proposed use by the Town Board for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. The Town Board, in applying the provisions of this chapter, shall, in writing, cite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the applicant an opportunity to present evidence regarding such suitability at a public hearing. Thereafter, the Town Board may affirm, modify or withdraw its determination of unsuitability.
[Amended 4-21-2005]
A. 
In any particular case where it can be shown that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause practical difficulty by exceptional and undue hardship, the Board of Appeals may relax such requirement to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the Town.
B. 
The Town Board, at its discretion, if it determines it necessary for the public good, may refer the matter to the Board of Appeals and/or may conduct a public hearing to permit parties in interest to comment on the variance request.
C. 
If a hearing is determined necessary, the applicant shall be responsible for payment of a hearing fee as established by the Town of Winneconne. The Board of Appeals shall then fix a reasonable time and place for the hearing. Notice of the time and place of such hearing shall be given by publication as a Class 2 notice of the local newspaper according to Ch. 985, Wis. Stats. All property owners within 300 feet of the subject site as listed on official tax property rolls as of the date of application shall be notified by first class mail with an affidavit of mailing at least 10 days prior to the date of such hearing.
D. 
A majority vote of the entire membership of the Board of Appeals shall be required to grant any modification to these regulations, and any modification thus granted shall be entered in the minutes of the Board of Appeals setting forth the reasons which, in the opinion of the Board of Appeals, justified the modification.
No person shall build upon, divide, convey, record or monument any land in violation of this chapter or the Wisconsin Statutes. No permit shall be issued authorizing the building on or improvement of any subdivision, replat or condominium plat within the jurisdiction of this chapter and lot of record until the provisions and requirements of this chapter have been fully met. The Town may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.
A. 
Recordation improperly made shall be subject to the provisions of § 236.30, Wis. Stats.
B. 
Conveyance of lots in unrecorded plats shall be subject to the provisions of § 236.31, Wis. Stats.
C. 
Monuments disturbed or not placed shall be subject to the provisions of § 236.32, Wis. Stats.
D. 
An Assessor's plat may be ordered by the Town when a subdivision is created by successive divisions as provided in § 236.31(2), Wis. Stats.
E. 
Any person failing to comply with the provisions of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4 of the Town of Winneconne Code.
[Amended 4-21-2005]