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. Protecting and promoting the public health, safety, morals and general
welfare; and
B. Implementing the policies and goals of the Comprehensive Plan and
other relevant, officially adopted plans of the Village.
All of the following are subject to compliance with applicable
provisions of this chapter:
A. Lots created or modified;
B. The use of land, buildings and structures; and
C. Buildings and structures erected, located, moved, reconstructed,
extended or structurally altered.
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.
B. Violations. The adoption of this chapter does not affect any pending or future suit, proceeding or prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date specified in §
475-103.
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.