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Buchanan Town City Zoning Code

ARTICLE III

General Provisions

§ 525-20 Establishment of zoning districts.

A. 
To achieve the purposes of this chapter, the Town is hereby divided into the following districts as set forth in this chapter.
AGD
General Agricultural District
RR
Rural Residential District
RSF
Single-Family Residential District
RSTF
Single- and Two-Family Residential District
RTF
Two-Family Residential District
MDR
Medium-Density Residential District
RMF
Multifamily Residential District
CL
Local Commercial District
CR
Regional Commercial District
CP
Planned Commercial District
IND
Industrial District
PI
Public & Institutional District
B. 
Refer to Article VI, Schedule of Special and Overlay Districts, for additional district regulations as applicable.

§ 525-21 Official Zoning Atlas.

A. 
Establishment. The location and boundaries of the districts shall be as shown in a map atlas entitled the "Official Zoning Atlas of Town of Buchanan, Outagamie County, Wisconsin." The district symbol as set out in § 525-20 above and Article V of this chapter shall be used to designate each district. The Official Zoning Atlas with all notations, dimensions, designations, references and other data shown shall accompany and be part of this chapter, and upon adoption by the Town of Buchanan Board, each map page shall be signed by the Town Chairperson and attested by the Town Administrator, bearing the date of adoption.
B. 
Final authority as to zoning status. Regardless of the existence of purported copies of all or part of the Official Zoning Atlas which may from time to time be made or published, the Official Zoning Atlas, which shall be located in the Administrator's office, shall be the final authority as to the current zoning status of any lands.
C. 
Replacement of Official Zoning Atlas. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, destroyed or difficult to interpret, the Town Board may, by resolution, adopt a new Official Zoning Atlas or any page or pages thereof, which shall supersede the prior Official Zoning Atlas or page or pages thereof. The new Official Zoning Atlas or page or pages thereof may correct drafting or other errors or omissions, but no such correction shall have the effect of amending the original Official Zoning Atlas or page or pages thereof. If, in the process of correcting drafting or other errors or omissions, district boundaries are changed or altered, then action may be taken in the form of an amendment.
D. 
Retention of earlier maps. All zoning maps which have had the force and effect of official zoning maps for the Town of Buchanan prior to the effective date of adoption of this chapter shall be retained as a public record and as a guide to the zoning status of lands prior to such date.

§ 525-22 Interpretation of district boundaries.

A. 
Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the Official Zoning Atlas indicates that the district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line.
B. 
Where uncertainty exists as to the boundaries of districts shown on the Official Zoning Atlas, the following rules apply:
(1) 
Boundaries indicated as approximately following the center lines of streets, highways, alleys or rights-of-way shall be construed as following such center lines as they exist on the ground.
(2) 
Boundaries indicated as approximately following lot lines shall be construed as following such lines; provided, however, that where such boundaries are adjacent to the dedicated street, highway or right-of-way and the zoning status of the street, highway or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway or right-of-way.
(3) 
Boundaries indicated as approximately following the limits of incorporated municipalities shall be construed as following such limits.
(4) 
Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks.
(5) 
Where boundaries do not follow property lines and distances are not specified, boundaries shall be determined by the use of the scale on the Official Zoning Atlas.
(6) 
Where the property layout existing on the ground is at variance with that shown in the Official Zoning Atlas, the Administrator shall interpret the Official Zoning Atlas. The determination by the Administrator may be appealed as provided in § 525-9E.

§ 525-23 Application of regulations.

The regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
A. 
No land, building or structure shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
B. 
No sign shall hereafter be erected, hung, placed, painted, altered, or moved except in conformity with the regulations of the district in which it is located.
C. 
No part of a yard, open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, off-street parking or loading space similarly required for any other building.
D. 
No lot or yard existing at the effective date of adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lots or yards created after the effective date of adoption of this chapter shall meet the minimum requirements established by this chapter.
E. 
No accessory building, structure or use shall be constructed, erected, moved, or commenced upon a lot until a permit has been issued for the construction of the principal building or use. No accessory building shall be used unless the principal building on the lot is under construction. No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is part. If the principal building permit expires prior to construction completion the accessory building shall no longer be allowed to be used until the permit is extended or construction is completed.

§ 525-24 Interpretation.

In their interpretation and application, the provisions of this chapter shall be considered minimum requirements, except where a maximum requirement is noted. Where the provisions of this chapter impose greater restrictions than any statutes, other regulations, ordinances or covenants, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this chapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.

§ 525-25 Other regulations.

In addition to the applicability of this chapter, certain lands and structures in the Town of Buchanan are also subject to, without limitation, regulations pertaining to floodplains, subdivisions, erosion control, stormwater management, shorelands and wetlands.