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:
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.
Land described in § 275-6 shall be combined into one parcel by certified survey map procedures and recorded in the County Register of Deeds office.
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.
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.
Any person aggrieved by an objection to a plat
or failure to approve a plat may appeal therefrom as provided in §§ 236.13(5)
and 62.23(7), Wis. Stats.
