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Lomira City Zoning Code

ARTICLE II

- GENERAL PROVISIONS

Sec. 135-29. - Jurisdiction and compliance.

(a)

Jurisdiction. The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the village.

(b)

Compliance. No structure, land, or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except for normal repairs of existing structures, without a building permit and/or a certificate of zoning compliance and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

(Code 1999, § 18.10)

Sec. 135-30. - Building permit.

Applications for a building permit shall be made in duplicate to the village clerk on forms furnished by said office and shall include the following where applicable:

(1)

Names and addresses of the applicant, owner of the site, architect, professional, engineer, and/or contractor.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site number of occupants or employees; and the zoning district within which the subject site lies.

(3)

Location sketch prepared by the applicant if the subject site is part of a recorded subdivision of plat of survey prepared by registered land surveyor if subject site is not part of a recorded subdivision, showing the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; and, existing and proposed street, side, and rear yards.

(4)

Additional information as may be required by the village plan commission, building inspector, or village clerk/treasurer.

(5)

Fee receipt in the amount as specified in the building code or, if building code does not apply, as set by the village board.

(6)

Any application for a building permit shall be granted or denied in writing by the village clerk within 30 days. If denied, the reasons for such denial shall clearly appear upon the face of the notification of denial. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void and all permit fees paid will be forfeited.

(Code 1999, § 18.11)

Sec. 135-31. - Certificate of zoning.

(a)

No building, or addition thereto, constructed after the effective date of the ordinance from which this chapter is derived and no addition, alteration, reconstruction, extension, enlargement, conversion, or structural alteration to a previously existing building shall be occupied or used for any purpose until a certificate of zoning compliance has been issued by the office of the village clerk/treasurer.

(b)

No change in a use shall be made until a certificate of zoning compliance has been issued by the office of the village clerk/treasurer.

(c)

Every certificate of zoning compliance shall state that the use or occupancy complies with all of the provisions of this chapter.

(d)

Every application for a building permit shall be deemed an application for a certificate of zoning compliance.

(e)

Every application for certificate of zoning compliance for a new use or change in use of land or building shall be made directly to the office of the village clerk/treasurer on forms provided by said office.

(f)

No certificate of zoning compliance for a building, or portion thereof, constructed after the effective date of the ordinance from which this chapter is derived, shall be issued until construction is substantially completed and the premises inspected and certified by the building inspector to be in conformity with the plans and specifications upon which the building permit was issued.

(Code 1999, § 18.12)

Sec. 135-32. - Site restrictions.

No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side, thereof from which the required dedication has not been secured.

(Code 1999, § 18.13)

Sec. 135-33. - Dimensions of building sites.

(a)

Minimum area, width and side yard for lots served by public sewer.

(1)

Except as otherwise specifically required or permitted the minimum lot area shall be 10,000 square feet and the minimum lot width 100 feet at the building line and 100 feet at the water's edge.

(2)

Minimum corner lot size shall be at least 100 feet on both street sides.

(b)

Side yard. Except as otherwise specifically required or permitted the minimum width of each side yard shall be 12 feet.

(Code 1999, § 18.14)

Sec. 135-34. - Use restrictions.

The following use restrictions and regulations shall apply. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district:

(1)

Accessory uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry. Accessory uses and structures include incidental repairs; storage; parking facilities; gardening; servant's quarters; itinerant agricultural laborer's and watch person's quarters not for rent; private swimming pools; private emergency shelters; doghouses and dog kennels.

(2)

Conditional uses. Conditional uses and their accessory uses are those which require review, public hearing, and approval by the village plan commission in accordance with section 135-102. The only conditional uses and structures permitted by this chapter shall be those enumerated in the zoning district regulations.

(3)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the board of appeals after review and recommendation by the village plan commission provided that such uses are similar in character to the principal uses existing in the district, and that no material detrimental to adjoining property will result.

(4)

Temporary uses. Temporary uses, such as real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the building inspector through the issuance of a certificate of zoning compliance for a period not to exceed six months. This temporary certificate may be renewed semi-annually but in no case shall the effective time span of the certificates exceed two years.

(Code 1999, § 18.15)

Sec. 135-35. - Reduction or joint use.

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter.

(Code 1999, § 18.16)

Sec. 135-36. - Annexations.

Before completion of annexation procedures, the village plan commission shall evaluate and recommend a permanent district classification to the village board. The village board shall designate permanent district classifications upon annexation.

(Code 1999, § 18.17)

Sec. 135-37. - Violations.

It shall be unlawful to construct any structure or building or to use any structure, land, air or water in violation of any of the provisions of this chapter. In case of violation, the village board, plan commission, the building inspector, or any property owner who would specifically be damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter or cause such structure or use to be vacated or removed.

(Code 1999, § 18.18)

Sec. 135-38. - Penalties.

Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, be punished according to the general penalty described in section 1-8. If there has been an affirmative showing of indigence within the discretionary period set for payment of any forfeiture by a defendant, such person shall not be imprisoned for non-payment of the forfeiture imposed. Each day a violation exists or continues shall constitute a separate offense.

(Code 1999, § 18.19)

Sec. 135-39. - Zoning map.

(a)

District boundaries. The locations and boundaries of the zoning districts are shown on the village zoning map and referred to by reference as the "Official Zoning Map Lomira, Wisconsin."

(b)

Map incorporated by reference. This map, together with all explanatory matter and regulations thereon, is an integral part of this chapter and shall be as much a part of this section as if the matter and things set forth by the map were fully described herein.

(c)

Official copies and public inspection. Official copies of the zoning map, together with a copy of this chapter, shall be kept by the village clerk/treasurer and shall be available for public inspection. The map shall be certified by the village president and attested by the village clerk/treasurer.

(d)

Changes and amendments. Any changes or amendments affecting district boundaries or explanatory matter shall be so recorded on the map. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.

(e)

Mapping disputes. When uncertainty exists with respect to the boundaries of the various districts as shown on the map, the following rules shall apply:

(1)

When width or length of boundaries are not clear, the scale of the map shall determine the approximate dimensions. District boundaries are normally lot lines, center lines of streets, highways, railroads or alleys.

(2)

The board of appeals, in accordance with the provisions of this chapter, shall hear and decide the precise location of a district boundary line when such line cannot otherwise be determined.

(Code 1999, § 18.20)