[Added 6-28-2005 by Ord. No. 05-11]
A.
The purpose of this permanent extraterritorial zoning
article is to promote the public health, safety, morals and general
welfare and to preserve existing controls over land uses, uses of
land and improvements within the area in which the governing body
of the city, by resolution adopted on September 24, 1968, determined
to exercise the extraterritorial zoning powers granted by § 62.23(7a),
Wisconsin Statutes, and it is the intention of this article to make
permanent such zoning uses, controls and regulations as the Extraterritorial
Zoning Committee has recommended and to make these regulations extend
to all land specifically described hereafter.
B.
The restrictions and requirements imposed by this article shall be deemed to be minimum requirements necessary to conserve the value of land and buildings and encourage the most appropriate use of land to lessen congestion in the streets, secure safety from fire, panic and other dangers, promote health and general welfare, provide adequate light and air, prevent overcrowding of land, avoid undue concentration of population and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Whenever the provisions of this article shall conflict with any state statute, local ordinance or regulation or any existing easement, covenant or agreement or any permit previously issued pursuant to law applicable to the use of any land or structure in the area specified in § 260-109, the more stringent law, ordinance, regulation, restriction or requirement shall govern.
The following described area shall be subject
to the provisions of this article imposing city extraterritorial zoning:
Section No. 18, Section No. 19, Section No. 30, Section No. 31, Section
No. 32, the south half of Section No. 29 and all of Section No. 33,
all contained in Township No. 35 north, Range No. 11 west, in Barron
County, Wisconsin.
A.
The zoning districts and regulations applicable in the territory described in § 260-109 by ordinances of the Town of Rice Lake, Barron County, and this chapter of the Code of the City of Rice Lake, Barron County, shall govern all uses of property in such territory, except as such regulations and uses may be modified by the City Zoning Board of Appeals in accordance with town ordinances, Municipal Code and § 62.23(7) and (7a), Wisconsin Statutes.
B.
The Official Zoning Map of the City of Rice Lake shall include the territory described in § 260-109 and shall be maintained as an integral part of said Zoning Map for the City of Rice Lake. Said map shall be kept at the Community Development Department and copies thereof shall be provided to the Town of Rice Lake when each and every revision is enacted in accordance with this article and § 62.23(7) and (7a), Wisconsin Statutes.
A.
No person shall erect, alter, repair or remove any building or structure or commence use of any building or structure or premises within the area set forth in § 260-109 without having been issued a valid building permit by the Building Inspector of the Town of Rice Lake and approved as to zoning occupancy and compliance with this article by the Community Development Department.
C.
All applications for zoning occupancy approval and
building permits shall be accompanied by a plat, in duplicate, drawn
to scale, showing the actual dimensions of the lot to be built upon,
the size of the building or addition to be erected, its location on
the lot and such other information as the Community Development Department
shall deem necessary to provide for the enforcement of this article.
A record of such applications and plats and the action taken by the
Community Development Department shall be maintained by the department.
The Zoning Board of Appeals heretofore established for the City of Rice Lake is empowered in accordance with § 62.23(7)(e) and (7a), Wisconsin Statutes, and the provisions of this chapter and of the ordinances of the Town of Rice Lake and County of Barron, Wisconsin, to hear and decide appeals from decisions of the Community Development Department in the enforcement of this article, to grant variances and exceptions, to permit erection or use of a building, structure or premises for public utility purposes and to grant permits for exceptional uses as provided in § 260-110.
The provisions of § 62.23(7)(h), Wisconsin
Statutes, shall apply to lawful existing uses of buildings or premises
not conforming to the provisions of this article. The issuance of
a building permit by the City Community Development Department shall
not be deemed or construed to be a permit for, or an approval of,
any violation of the provisions of this article or authorization for
a use not conforming to the provisions of this article.
A.
Forfeitures. Any person who shall erect, construct, reconstruct, alter, convert or maintain any building or structure or use any building, structure or land in violation of any of the provisions of this article shall, upon conviction of such violation, be subject to the general penalty provisions of Chapter 1, General Provisions, § 1-20 of this Code.
B.
Bond. Any person filing notice of appeal regarding
extraterritorial zoning to the Extraterritorial Zoning Committee shall
deposit with the City Clerk-Treasurer a bond of $200, and any person
making request for a change of zoning shall pay a fee as set forth
in the fee schedule adopted as part of the annual budget document
for costs of publication and hearings.
C.
Other remedies and penalties. The enforcement and
remedies provided by § 62.23(8), Wisconsin Statutes, shall
apply to violations or threatened violations of the provisions of
this article, and the City Attorney is hereby authorized and directed
to institute appropriate legal proceedings to enjoin, abate, remove
or prevent any such violations.
Any provision of this article may be amended
by majority vote of the Common Council after submitting proposed amendments
to the joint Extraterritorial Zoning Committee and compliance with
the requirements of the Wisconsin Statutes. If a protest against any
such amendment, duly signed and acknowledged in accordance with § 62.23(7)(d),
Wisconsin Statutes, is filed with the City Clerk-Treasurer prior to
adoption of the amendment, it shall not become effective except by
the favorable vote of 3/4 of the members-elect of the Common Council.
