A.
Introduction. In accordance with the authority granted by § 236.45,
Wis. Stats., and for the purposes listed in §§ 236.01
and 236.45, Wis. Stats., the Common Council of the City of Glenwood
City does hereby ordain as follows:
(1)
The provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the City.
(2)
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
B.
Purpose. The purpose of this chapter is to promote the public health,
safety, convenience and general welfare. The regulations are designed
to lessen congestion in the streets; to foster the orderly layout
and use of land; to ensure safety from fire, flooding, panic and other
dangers; to provide optimum light and air; to discourage overcrowding
of the land; to lessen concentration of population; to facilitate
adequate provision of transportation, public water and sewerage, schools,
parks, playgrounds and other public necessities; and to facilitate
the further division of large tracts of land into smaller parcels.
The regulations are made with the reasonable consideration of, but
not limited to, the present character of the City and its environs,
with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human
habitation, encouraging commerce and industry, protecting farming
and open space, and providing for the most appropriate use of land
in the City.
The following definitions shall be applicable in this chapter:
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
A street which provides for the movement of relatively heavy
traffic to, from or within the City. It has a secondary function of
providing access to abutting land and to collector and minor streets.
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
A line parallel to a lot line and at a distance from the lot line so as to comply with the yard and setback requirements of Chapter 450, Zoning, of this Code or any restriction on the plat which identifies a line on the plat as a building setback line.
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
The Planning Commission created by the Common Council pursuant
to § 62.23, Wis. Stats.
A Comprehensive Plan prepared by the City indicating the
general locations recommended for the various functional classes of
land use, places and structures and for the general physical development
of the City and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A preliminary drawing, made to approximate scale, of a proposed
land division for discussion purposes.
A real estate development in which a condominium form of
ownership pursuant to Ch. 703, Wis. Stats., is utilized.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey, and a division occurs
where any of the above transactions changes the title from a joint
tenancy to a tenancy in common or from tenancy in common to joint
tenancy.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a City and within three miles of all other cities.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds. Said plat must
conform to all state laws.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the City may ultimately assume the
responsibility for maintenance and operation.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
The area contained within the exterior boundaries of a lot
excluding streets, easements and land under navigable bodies of water.
A lot abutting intersecting streets at their intersection.
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
The peripheral boundaries of a lot as defined herein.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
The width of a parcel of land measured along the front building
line.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
A street which is parallel to and adjacent to major thoroughfares
and which provides access to abutting properties and protection from
traffic on the major street.
A street used, or intended to be used, primarily for access
to abutting properties. Also referred to as a "local street."
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites, any
one of which is 1.5 acres in size or less, or the division of a block,
lot or outlot within a recorded subdivision plat into not more than
four parcels or building sites without changing the exterior boundaries
of said block, lot or outlot.
A map indicating the location, width, and extent of existing
and proposed streets, highways, drainageways, parks, playgrounds,
and other facilities, as adopted by the Common Council pursuant to
Ch. 62, Wis. Stats.
A parcel of land, other than a lot, so designated on a plat
or certified survey and which is not intended for building or structure
development in the proposed land division.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these.
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
The map, drawing or chart on which the subdivider's
plat of subdivision is presented to the City for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Common Council
for its consideration as to compliance with the Comprehensive Plan
and these regulations along with required supporting data.
Contracts entered into between private parties which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
Those lands within the following distances: 1,000 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
The division of a lot, outlot, parcel, or tract of land by
the owner thereof or his agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres or less in area,
or where the act of division create five or more parcels or building
sites by successive division within a period of five years, whether
done by the original owner or a successor owner.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions [§ 23.32(1),
Wis. Stats.].
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
A.
Compliance. No person shall divide any land within the jurisdictional
limits of these regulations which results in a subdivision, land division
or a replat as defined herein, no such subdivision or replat shall
be entitled to record, and no street shall be laid out or improvements
made to land without compliance with all requirements of this chapter
and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(2)
The rules of the Department of Safety and Professional Services contained
in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public
sewer.
(3)
The rules of the Wisconsin Department of Transportation contained
in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state
trunk highway or connecting street.
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for the Floodplain Management
Program.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Common
Council.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
B.
Jurisdiction. Jurisdiction of these regulations shall include all
lands within the corporate limits of the City of Glenwood City as
well as the unincorporated area within 1 1/2 miles of the corporate
limits as provided in §§ 236.10 and 62.23, Wis. Stats.
The provisions of this chapter, as they apply to divisions of tracts
of land into less than five parcels, shall not apply to:
(1)
Transfers of interests in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages or easements.
(3)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances. No more than one lot may be created
in this fashion within a one-year period.
C.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats., subject to approval by the Common Council.
D.
Permits. No building permit shall be issued by the City authorizing
the building on or improvement of any parcel of land not on record
as of the effective date of this chapter until the provisions and
requirements of this chapter have been met.
E.
Applicability to condominiums. This chapter is expressly applicable
to condominium developments within the City's jurisdiction, pursuant
to § 703.27(1), Wis. Stats. For purposes of this chapter,
a condominium unit and any associated limited common elements shall
be deemed to be equivalent to a lot or parcel created by the act of
subdivision.
F.
Recording of plats or certified surveys. Plats and certified surveys approved by the Common Council of the City of Glenwood City must be recorded, together with the adopting resolution, with the County Register of Deeds as provided in §§ 435-8D and 435-9D of this chapter. Land divisions shall not be recognized by the City until recorded with the Register of Deeds. The volume, page, and document numbers of the recording shall be filed with the City Clerk-Treasurer and Building Inspector prior to issuance of any permits. The subdivider shall file six certified copies of the approved land division with the City Clerk-Treasurer.
G.
Certified
survey maps. All maps, whether subdividing land or verifying a parcel,
must follow this chapter and be approved by the City.
A.
Findings.
(1)
The Common Council hereby finds that certain issues arise in condominium
developments that require limited applicability of this chapter to
condominium developments. The State Legislature has recognized that
subdivision ordinances may apply to condominiums but that subdivision
ordinances shall not impose burdens upon condominiums that are different
from those imposed on other property of a similar character not subject
to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a condominium development
is the creation of multiple distinct property entities at or near
the ground surface, subject to property taxation as separate parcels,
with each property entity having different ownership and management.
The City of Glenwood City determines that this factor makes a condominium
development dissimilar, both physically and in ownership, from developments
in which the land and improvements are under unitary ownership, management,
and control.
(3)
Thus, the Common Council hereby finds that new condominium developments
can place impacts on community resources in the same manner as other
new developments which are characterized by division of land into
lots. These impacts include:
B.
Portions of chapter applicable to condominium developments. The following
sections of this chapter shall apply to condominium developments:
(1)
Sections 435-5 through 435-7 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 435-11 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
