Fox Crossing Village
City Zoning Code
City Zoning Code
ARTICLE 1
General Provisions
§ 435.1-01 Title.
This chapter shall be known as the "Village of Fox Crossing Zoning Ordinance" and may be referred to herein as "this chapter."
§ 435.1-02 Authority.
§ 435.1-03 Jurisdiction.
Jurisdiction of these regulations shall include all lands and waters within the Village of Fox Crossing.
§ 435.1-04 Legislative findings.
§ 435.1-05 Purpose.
A.
General purpose. This chapter promotes the public health, safety, and welfare and is intended to:
(1)
Implement the goals, objectives, and policies of the Village's Comprehensive Plan to the greatest extent practicable;
(2)
Establish clear and consistent standards, regulations, and procedures for the review of proposed development as may be regulated by this chapter; and
(3)
Establish minimum standards for the sustainable use and development of land within the Village.
B.
Specific purposes. Consistent with § 66.1001, Wis. Stats., this chapter is also intended to:
(1)
Promote the public health, safety, and general welfare;
(2)
Encourage planned, orderly and sustainable land use development;
(3)
Protect property values and the property tax base;
(4)
Permit the careful planning and efficient maintenance of highway systems;
(5)
Ensure adequate highway, multi-modal transportation, utility, health, educational and recreational facilities;
(6)
Recognize the needs of agriculture, forestry, industry and business in future growth;
(7)
Encourage the sustainable use of land and other natural resources which is in accordance with their character and adaptability;
(8)
Provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems;
(9)
Conserve soil, water and forest resources;
(10)
Protect the beauty and health of the surrounding environment for family life; and
(11)
Promote the efficient and economical use of public funds.
C.
Other purposes. Other purposes are included in the various articles, divisions, and sections as may be appropriate.
§ 435.1-06 Applicability; compliance required; exceptions.
A.
Generally. Except as specifically provided, the provisions of this chapter shall apply to all development within the Village under the jurisdiction of this chapter. No development shall be undertaken without the prior authorizations required by this chapter and other applicable chapters of the Village of Fox Crossing Municipal Code.
B.
Previously granted permits. When a permit has been issued in accordance with law prior to the effective date of this chapter, or amendment thereto, it shall be valid for one year from the date of issuance, even if it authorizes an action that is not allowed under the current chapter or amendment. If the action, as authorized by the permit, does not commence within that time period and continue in good faith to completion, such permit shall lapse and be null and void.
C.
Establishment of a use, structure, or building not requiring authorization. If prior to the adoption of this chapter, or amendment thereto, a use, structure, or building is actively being established that did not require a permit or authorization, said work may continue to completion even when the use, structure, or building requires a permit or other authorization under this chapter, is being developed contrary to this chapter, or is otherwise prohibited under this chapter.
§ 435.1-07 Liability.
The Village of Fox Crossing and its officials, agencies, employees, agents, and assigns shall not be liable for any flood damage, sanitation problems, structural damage, or other damages or loss of property value that may occur as a result of reliance upon and conformance with this chapter.
§ 435.1-08 Relationship to state and federal regulations.
In addition to meeting the requirements contained in this chapter, development shall comply with all applicable regulations of federal and state agencies. In all cases, the strictest of the applicable provisions shall apply.
§ 435.1-09 Relationship to private agreements.
This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any easement, covenant, deed restriction, or other private agreement governing land development. However, when this chapter imposes a greater restriction than the aforementioned, the provisions of this chapter shall apply.
§ 435.1-10 Additional local and regional regulations.
A.
In addition to meeting the regulations contained in this chapter, development shall comply with all applicable regulations of the Village of Fox Crossing Municipal Code.
B.
Land located in the vicinity of the Outagamie County Regional Airport may also be subject to additional land use regulations as may be adopted by Outagamie County under § 114.136, Wis. Stats.
C.
Land located within floodplain areas will also be governed by the Winnebago County General Code.
D.
In all cases, the strictest of the applicable provisions shall apply.
§ 435.1-11 No defense to nuisance action.
Compliance with the standards and requirements in this chapter shall not constitute an absolute defense to an action to abate a public or private nuisance.
§ 435.1-12 Applicability to public entities.
This chapter shall apply to all publicly owned land to the fullest extent allowed by state and federal law. When a public entity undertakes any development that is exempted from this chapter, in whole or in part, it is strongly encouraged to meet the provisions of this chapter.
§ 435.1-13 Applicability to projects under Public Service Commission jurisdiction.
This chapter shall apply to projects under the purview of the Wisconsin Public Service Commission (PSC) to the fullest extent allowed by state law. The Planning Commission or the Village Board, or both, may submit a written request to the PSC outlining those standards and/or requirements of this chapter that the PSC should impose as conditions of project approval, if approval is to be granted.
§ 435.1-14 Applicability to wind and solar energy systems.
Any regulations placed on wind and solar energy systems by this chapter may be superseded by Wisconsin Statutes.