The provisions of this chapter shall apply to
all structures, land, water and air within the Town of Winneconne,
Winnebago County, Wisconsin.
A.
Unless otherwise provided by this chapter, after the
effective date of this chapter no structure, land or water shall be
developed, and no structure or part thereof shall be relocated, erected,
moved, reconstructed, enlarged, extended, converted or structurally
altered, without a zoning permit and without full compliance with
this chapter and all other applicable Town, county and state regulations;
provided, however, that this chapter shall not govern normal farming
operations on farmland or normal filling, grading or landscaping of
land.
B.
The Town Board or any owner or owners of property
within the Town who are affected by a particular regulation, variance
or constitutional use under this chapter may sue to enforce, by injunctional
order, compliance with this chapter.
A.
A Building Inspector shall be appointed by the Town
Board at a rate of compensation and for a term of office which is
established by the Town Board at the time of such appointment. When
practicable, the Building Inspector shall be a resident of the Town;
provided, however, that the Building Inspector shall possess such
certification of skill or experience as may be required from time
to time by the State of Wisconsin.
B.
The Building Inspector shall accept applications,
issue or deny building permits, give notice of violations and enforce
the provisions of any Town building code and other applicable Town,
county and state building regulations.
C.
A Zoning Administrator shall be appointed by the Town
Board at a rate of compensation and for a term of office which is
established by the Town Board at the time of such appointment. When
practicable, The Zoning Administrator shall be a resident of the Town.
D.
The Zoning Administrator shall accept applications,
issue or deny zoning permits, give notice of violations and enforce
the provisions of this chapter.
E.
Duties of Building Inspector and Zoning Administrator.
(1)
The Zoning Administrator and Building Inspector shall
have access to premises and structures during reasonable hours to
make those inspections as deemed necessary by them, or either of them,
to ensure compliance with this chapter, applicable building codes
and Town, county and state regulations. They each shall have the authority
to procure special inspection warrants in accordance with Wisconsin
Statutes.
(2)
The Zoning Administrator and Building Inspector each
shall have the authority to halt any location, erection, moving, reconstruction,
enlargement, extension, conversion or structural alteration of a structure,
or use of land, which is not in compliance with this chapter or applicable
building codes and Town, county and state regulations. In furtherance
of this authority, the Building Inspector may revoke any building
permits then issued which pertain to an nonconforming matter by notice
in writing to the holder of such permit.
(3)
Notwithstanding any other provision of this chapter,
no inspection shall be required of any farm or agricultural outbuilding,
except that setback requirements of this chapter shall be enforced.
A.
A building permit shall be required for the construction,
moving, reconstruction, enlargement, extension, conversion or alteration
of any building or structure, except that the Building Inspector may
authorize minor repairs or alterations valued at less than $500 if
such work does not require a zoning permit and does not change the
occupancy, area, structural strength, electrical system, fire protection,
exits, plumbing system, light or heating and ventilation of the building
without issuing a building permit. Applications for a building permit
shall be made in writing to the Building Inspector on forms which
shall include the following:
(1)
Names and addresses of the applicant, owner of the
site, and architect, professional engineer and contractor, if any.
(2)
Description of the subject site by its street address
or, if there is none, by its legal description according to the Winnebago
County, Wisconsin, Registry or other land survey.
(3)
Type of structure or work proposed to be done and
statement of cost of work proposed to be done or, where not known,
good faith estimate of such cost.
(4)
Type of structure.
(5)
Existing and proposed operation of the structure or
site.
(6)
Number of employees or occupants.
(7)
Zoning district in which the subject site is located.
(8)
Plot plan showing the location, property boundaries,
and dimensions, uses and sizes of the following: subject site; existing
and proposed structures; existing and proposed sanitary facilities
and well; existing and proposed easements, streets and other public
ways; off-street parking, loading areas and driveways; existing highway
access restrictions; existing and proposed yards; and finished grades.
(a)
The proposed finished grade for the principal
structure shall be a grade 12 inches above the crown of any adjacent
public road at the center of said structure.
(b)
Where an alternate elevation would better suit
the existing or proposed use surrounding the site, the Building Inspector
shall have authority to set an alternative finished grade elevation
at the time of application for a building permit; provided, however,
that such alternative grade shall be noted on the zoning application
by the Building Inspector.
B.
Building permits shall recite the information set
forth in the application and shall be displayed at the subject site
and shall expire six months after date of issue unless substantial
work has been commenced and diligently pursued within that period.
(1)
A building permit shall be granted or denied in writing
by the Building Inspector within 30 days after filing of the application.
Where public sewer is unavailable, no permit for new construction
intended to be occupied by human beings shall be issued without the
prior approval of sanitary plans and issuance of a sanitary permit
by the Winnebago County, Wisconsin, Sanitary Inspector. Except for
barns, silos and similar farm buildings, no permit shall be issued
for any addition, reconstruction, enlargement or conversion of a principal
structure where sanitary facilities are not provided in accordance
with the Winnebago County, Wisconsin, Sanitary Ordinance and § H
62.20, Wis. Adm. Code.
(2)
No building permit shall be issued until the Building
Inspector receives a report from the Zoning Administrator that the
proposed construction is in conformance with this chapter.
(3)
Fees. Fees for building permits shall be as established
from time to time by resolution of the Town Board.
(4)
When any work is begun on site without first obtaining
a permit therefor as required herein, the Building Inspector shall
have the power and authority to stop work until a permit has been
procured. The permit fee specified herein shall be doubled, but the
payment of such doubled fees shall not relieve any person from fully
complying with all of the regulations of this chapter nor from any
penalties prescribed herein.
A.
Where a permit is required under this chapter, no
development or structure shall be used or occupied until a certificate
of compliance has been issued by the Zoning Administrator. Such certificate
shall state that the development or structure is in compliance with
the applicable standards of this chapter.[1]
B.
A certificate of compliance also shall be required
before the use of, or change in use of, any nonconforming use. However,
upon written request of the owner, the Zoning Administrator shall
issue a certificate of compliance for any building or premises existing
at the time of the adoption of this chapter, which certificate shall
state the extent and kind of use made of the building or premises
and the manner in which it may not conform to the provisions of this
chapter.
The following use restrictions and regulations
shall apply, and, unless otherwise specified, the basic standards
of a district shall be minimum standards:
A.
Principal uses. Only those principal uses specified
for a district, their on-site services and the following uses and
the conditions specified below shall be permitted in that district,
except gardening shall be a principal use in all districts.
B.
Accessory uses. Unless otherwise specified in other
sections, accessory uses and structures are permitted in any district,
but not until their principal structure is present or under construction.
Residential accessory uses shall not involve the conduct of any business,
trade or industry. Accessory uses include incidental repairs; storage;
parking facilities; employees' and owners' itinerant agricultural
laborers' quarters not for rent; private swimming pools; and private
emergency shelters.
C.
Accessory use location.
[Amended 10-16-2014]
(1)
Unless
otherwise specified in other sections, accessory uses and detached
accessory structures are permitted within the buildable area. They
shall not be closer than 10 feet to the principal structure. They
shall not exceed 18 feet in height.
(2)
For
residential properties less than one acre in size, the maximum size
of the accessory structure shall not exceed 1,200 square feet plus
1% of the lot size. The structure shall not be closer than three feet
to any lot line or five feet from any alley. One structure, up to
100 square feet, will be exempted from the calculation of permitted
square footage and shall not be counted in the number of structures
permitted.
(3)
If
the residential property is one acre or greater but less than five
acres, the maximum size of the accessory structure(s) shall be 1,500
square feet plus 1% of the lot size. Up to two accessory structures
shall be permitted and these shall not be closer than three feet to
any lot line or five feet to any alley. One structure, up to 100 square
feet, will be exempted from the calculation of permitted square footage
and shall not be counted in the number of structures permitted.
D.
Conditional use. Conditional uses and their accessory uses are considered as special uses which require approval and a public hearing if there is approval, all in accordance with Article IV of this chapter. In addition to those stated elsewhere in this chapter, the following shall be conditional uses in all zoning districts of this chapter:
(1)
Utilities and associated structures, provided that
all principal structures and uses are not less than 50 feet from any
residential district lot line.
E.
Town uses. Town service facilities, including town
halls, town offices, town fire and ambulance stations, and town garages,
shall be considered a principal use in all districts, except in the
Farmland Preservation District (A-1), where they shall require conditional
use approval.
F.
Unclassified or unspecified uses. According to § 310-46E
of this chapter.
G.
Temporary uses. Temporary uses, such as real estate
sales field offices or shelters for materials and equipment being
used in the construction of a permanent structure, may be permitted
by the Town Plan Commission. Other temporary uses, e.g. mobile homes,
emergency housing needed due to natural disaster, etc., shall be according
to § 310-46F of this chapter.
I.
Exceptions generally. The height and area regulations
in this chapter shall be subject to the following exceptions:
(1)
Building height. Chimneys, radio and/or television
towers, or similar structures and the necessary mechanical appurtenances
therefor may be erected to any height unless a specific prohibition
is set forth in this chapter.
(2)
Open or lattice-enclosed fire escapes, fireproof outside
stairways, and balconies opening upon fire towers projecting into
yards not more than three feet shall be permitted where so placed
as not to obstruct light or ventilation.
The provisions of the Winnebago County Sanitary
Ordinance and of Chs. COMM 83, COMM 85 and NR 112, Wis. Adm. Code,
are incorporated by reference.
An accumulation or dumping of refuse, rubbish,
ashes, or garbage within this Town is prohibited except as provided
in this chapter, and it cannot be permitted within 1/8 mile of any
dwelling, business building, or public highway and must be licensed
pursuant to Chs. NR 51 and NR 151, Wis. Adm. Code, and a surety bond
furnished.
It shall be unlawful to construct or use any
structure, land or water in violation of any of the provisions of
this chapter. In case of any violation, the Town Board, the Zoning
Administrator, the Town Plan Commission, or any property owner who
would be specifically damaged by such violation may institute appropriate
action or proceedings to enjoin a violation of this chapter. Every
structure, fill or development placed or maintained in floodplains
in violation of this chapter is a public nuisance, and the creation
thereof may be enjoined and maintenance thereof may be abated by an
action instituted by the Town or any citizen who lives in or within
500 feet of the floodland or by Winnebago County.
Any person, firm or corporation who or which
fails to comply with the provisions of this chapter or any order of
the Zoning Administrator or Building Inspector issued in accordance
with this chapter or resists enforcement shall, upon conviction thereof,
forfeit not less than $100 nor more than $1,000 and costs of prosecution
for each violation and in default of payment of such forfeiture and
costs shall be imprisoned in the county jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense.
[Added 5-20-2004]
A.
Driveways, regardless of zoning classification, less
than 200 feet in length from the road right-of-way to the primary
structure shall be 20 feet wide with a minimum six-inch gravel base.
[Amended 6-20-2013]
B.
Driveways, regardless of zoning classification, 200
feet or greater in length from the road right-of-way to the primary
structure shall be 20 feet wide with a minimum six-inch gravel base
and providing a sixty-foot continuous turn radius within 50 feet of
the primary structure.
[Amended 6-20-2013]
C.
Only one residential structure is permitted per driveway.
