This chapter of the Village Code is known and may be cited and
referred to as the "Zoning Ordinance."
This chapter is adopted under powers granted and limitations
imposed by Wisconsin law, including §§ 61.35, 62.23(7),
and 236.45, Wis. Stats.
The provisions of this chapter become effective on August 18,
2020, except as otherwise expressly stated.
The provisions of this chapter apply to all public and private
use and development of properties within the boundaries and jurisdiction
of the Village of Allouez, except as provided by state or federal
law or as otherwise expressly stated in this chapter, and excluding
public rights-of-way unless otherwise expressly stated.
This chapter is adopted for the purposes of:
A.
The provisions of this chapter are the minimum requirements deemed
necessary to carry out its stated purposes.
B.
In addition to the requirements of this chapter, all uses, buildings
and structures must comply with all other applicable ordinances, laws
and regulations.
C.
References in this chapter to other governmental regulations do not
constitute a complete list of such regulations. Any such references
do not imply that the Village is responsible for enforcing regulations
imposed by other government authorities.
All of the following are subject to compliance with applicable
provisions of this chapter:
A.
State or federal regulations. If the provisions of this chapter are
inconsistent with or conflict with state or federal law or regulation,
the applicable state and federal law or regulation governs.
B.
Other Village regulations. If the provisions of this chapter are
inconsistent with one another or if they conflict with provisions
found in other adopted ordinances or regulations of the Village, the
more restrictive provision governs unless otherwise expressly stated.
The more restrictive provision is the one that imposes more stringent
controls.
C.
Private agreements and covenants. If the provisions of this chapter
impose a greater restriction than imposed by an agreement or covenant
among private parties, the provisions of this chapter govern. The
Village is not responsible for monitoring or enforcing agreements
or covenants among private parties.
See § 475-1501.
A.
Establishment. The location and boundaries of the districts defined
in this chapter must be established by ordinance and shown on a geographic
coverage layer that is maintained as part of a geographic information
system (GIS) under the direction of the Planning and Zoning Administrator.
This zoning geographic coverage layer constitutes the Village's Official
Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Maintenance and updates. The Planning and Zoning Administrator is
responsible for directing revisions to the Official Zoning Map to
reflect its amendment as soon as possible after the effective date
of any ordinance establishing or amending zoning district boundaries.
C.
Boundaries. Zoning boundary lines must be described by legal description
or by a map that accompanies the ordinance establishing the district
or amending the district boundaries. When a legal description is used,
the boundary is deemed to extend to the center line of abutting streets.
When a map is used, boundary lines must be established by dimensions,
property lines, recorded lot lines, or the center line of abutting
streets, alleys, or railroad rights-of-way, as those features were
of record at the time of adoption.
D.
Map interpretations. Where any uncertainty exists about a zoning
boundary that was established by legal description, the legal description
accompanying the amending ordinance governs. In other cases, the Planning
and Zoning Administrator is authorized to make an interpretation of
the boundaries. The following rules apply to all Zoning Map interpretations:
(1)
Boundaries shown as approximately following the center lines
of streets, highways, alleys or other public rights-of-way must be
construed as following such center lines.
(2)
Boundaries shown as approximately following platted lot lines
must be construed as following such lot lines.
(3)
Boundaries shown as approximately following Village limit lines
must be construed as following those lines.
(4)
Boundaries shown as approximately following railroad lines must
be construed to be midway between the main tracks.
(5)
Boundaries shown as approximately following the shoreline or
center line of a river, stream, lake or other watercourse must be
construed as following the actual shoreline or center line of the
watercourse. If, after establishment of the boundary, the shoreline
or center line of the watercourse moves as a result of natural processes,
the boundary must be construed as moving with the shoreline or center
line of the watercourse.
E.
Annexed land. When land is annexed or otherwise brought into the
zoning jurisdiction of the Village it must be assigned a zoning classification
based on the Comprehensive Plan, existing land uses, any applicable
annexation agreement or other relevant considerations.
The provisions of this section address the transition to this chapter from the zoning ordinance in effect immediately before the effective date specified in § 475-103.
A.
Applications, permits and approvals.
(1)
Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in § 475-103 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this chapter. If the building, development or structure is commenced but not completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this chapter.
(2)
Complete applications for variances, exceptions, special permits, conditional uses, site plans, and other zoning-related approvals that are pending approval on the effective date specified in § 475-103 must be reviewed wholly under the terms of the zoning ordinance in effect immediately preceding the effective date specified in § 475-103.
(3)
The Building Inspector is authorized to issue permits for construction or development approved before the effective date specified in § 475-103 and for developments pending approval before that effective date even if such building, development or structure does not fully comply with provisions of this chapter. If the building is not commenced and completed within the time allowed under the permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this chapter.
If one or more provisions of this chapter, or the application
of this chapter is held to be unlawful, invalid, unenforceable, or
preempted by applicable state or federal law or regulations, such
provisions are deemed to be severed from this chapter. The remaining
chapter provisions remain in full force and effect.
