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.
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.
F. Town of Winneconne Road Development Ordinance.
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.
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.
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.