The provisions of this chapter shall apply to
all structures, land, water and air within the Town of Winneconne,
Winnebago County, Wisconsin.
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.
(2) One-time disposal, except in a Floodplain/Shoreland District, subject to receiving a Department of Natural Resources (DNR) permit (according to §
310-34).
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.