A.
General purpose zoning districts. For the purposes of this chapter,
land uses, as defined in Article 3 of this chapter, are classified
as principal, accessory, or temporary. Table 7-1 lists principal land
uses (Series 1 to 16), accessory uses (Series 17), and temporary uses
(Series 18).[1]
(1)
Each of the land uses is designated as one of the following:
(2)
Any commercial or industrial land use that is shown as permitted
that emits air contaminants, fugitive dust, or potentially offensive
odors outside of the building; incinerates any substance; or handles
radioactive materials, hazardous substances, hazardous waste, or regulated
substances is considered a conditional use.
[1]
Editor's Note: Table 7-1 is included as an attachment to this chapter.
B.
Planned development districts. Land uses that are permitted in a
planned development district are enumerated in the general development
plan for the district, along with development standards, if any.
Because the list of land uses cannot include every conceivable
type of activity, those land uses that are listed in Table 7-1 shall
be interpreted to include other land uses that are of a similar nature
and have similar impacts to the listed use.
A land use that is not listed in Table 7-1 and which cannot
be interpreted to be similar to any listed land use as provided for
above is prohibited under authority of this chapter.
If a proposed project includes both an allowable land use and
a prohibited land use, the prohibited portion of the project shall
not occur in the zoning district.
A.
Generally. Unless specifically permitted in this section or in other
sections of this chapter, an accessory use as allowed in the zoning
district shall only be established when a principal use is present
or is being established on the same lot.
B.
Exemption for a vacant lot adjoining another lot in same ownership.
The Zoning Administrator may allow the establishment of an accessory
use on a vacant lot provided the accessory use is allowed in the zoning
district and such lot adjoins a lot in the same ownership that supports
a principal use. If allowed, the property owner shall record an agreement
and deed restriction with the Register of Deeds for Winnebago County
that describes the authorized use and any conditions of approval.
Such conditions of approval may relate to the use of the accessory
use and the need to reestablish a principal use on the subject property
within a specified time period.
C.
Exemption for a utility cabinet. For the purpose of this chapter,
a utility cabinet may be established on a vacant lot prior to the
establishment of a principal use.
D.
Exemption for storage building in A-2 District. In an A-2 zoning
district, a storage building may be constructed prior to the establishment
of a principal use provided the parcel is 5.0 acres or more. As a
condition of approval, the property owner shall record an agreement
and deed restriction, as approved by the Zoning Administrator, with
the Register of Deeds for Winnebago County that describes the nature
of the authorized use.
The Planning Commission may allow the removal of a principal
building while retaining the accessory building when the Planning
Commission determines that the principal building is dilapidated and
the accessory building meets current building codes and serves a useful
purpose. If allowed, the property owner shall record an agreement
and deed restriction with the Register of Deeds for Winnebago County
that controls the use of the accessory building and incorporates any
requirement imposed by the Planning Commission as a condition of approval.
In addition to the standards in this article, community living
arrangements must also comply with § 62.23(7)(i), Wis. Stats.
If the Zoning Administrator determines that a parcel of land,
whether vacant, partially developed, or fully developed, contains
one or more development constraints that would preclude the normal
use of the parcel for a use that is otherwise permitted in the zoning
district in which it is located, he or she shall render a written
determination that states the best available facts related to the
development constraint and other reasoning as may be appropriate.
Examples of development constraints include unfavorable topography,
rock formations, shallow depth to bedrock, unstable or otherwise unsuitable
soils, stormwater runoff, inadequate drainage, and high groundwater.
Once such a determination has been made, the Zoning Administrator,
Building Official, or other governmental official or body shall not
issue a development order or other approval authorizing the development
in the area subject to the development constraint. Because a determination
rendered by the Zoning Administrator pursuant to this section is an
administrative decision, the property owner shall have the right to
appeal such determination consistent with the procedures and requirements
in Article 6 of this chapter. The Zoning Administrator may reconsider
his or her determination at any time and render a new determination
if new or additional facts become known or if the facts upon which
the determination was made are not accurate.
The Zoning Administrator is authorized to prepare a map showing
those properties that have an active conditional use permit and to
amend the same from time to time.
