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Onalaska City Zoning Code

CHAPTER 01

Authority; Interpretation; Map; Administration

13.01.11 Legislative authority.

A. 
This Title is adopted under the authority granted by §§ 62.23(7), 87.30 and Ch. 236, Wis. Stats., as may be amended.
B. 
For the purposes listed in §§ 236.01 and 236.45, Wis. Stats., as may be amended, the Common Council of the City of Onalaska, Wisconsin, does hereby ordain that the provisions of this Title shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the City of Onalaska.

13.01.12 Title.

A. 
This Title shall be known as, referred to and cited as the "Unified Development Code, City of Onalaska, Wisconsin" and is hereinafter referred to as the "UDC" or "Title."

13.01.13 Purpose and intent.

A. 
The purpose of this Title is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the residents of the City of Onalaska, Wisconsin, by establishing minimum regulations and restrictions for the use of all lands, waters, and structures in the City to:
1. 
Divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, appearance, form and use of buildings, structures and land for residence, business and manufacturing and other specified uses;
2. 
Protect the character and the stability of the residential, business, manufacturing and other districts within the City and to promote the orderly and beneficial development thereof;
3. 
Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;
4. 
Regulate population density and distribution so as to avoid sprawl and to facilitate the provision of adequate public services, utilities and other public requirements;
5. 
Regulate parking, loading and access so as to promote the safety and efficiency of streets and highways;
6. 
Secure safety from fire, panic, flooding, pollution, contamination and other dangers;
7. 
Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the City;
8. 
Preserve and protect the beauty of the City of Onalaska through careful siting of structures in bluff areas, preservation of unique landscapes and the encouragement of good design and architecture;
9. 
To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;
10. 
Prevent and control erosion, sedimentation and other pollution into surface and subsurface waters;
11. 
Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;
12. 
Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the City of Onalaska.

13.01.14 Jurisdiction; compliance.

A. 
Jurisdiction. The jurisdiction of this Title shall apply to all structures, lands, water and air within the corporate limits of the City of Onalaska.
B. 
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without proper zoning and full compliance with the provisions of this Title and all other applicable local, county and state regulations.

13.01.15 Abrogation and greater restrictions.

A. 
It is not intended by this Title to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this Title imposes greater restrictions, the provisions of this Title shall govern.

13.01.16 Severability; nonliability.

A. 
If any section, clause, provision or portion of this Title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Title shall not be affected thereby.
B. 
If any application of this Title to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.
C. 
The City does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the City of Onalaska, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this Title.

13.01.17 Payment of taxes and fees prior to application.

A. 
Applications for licenses, permits, and other approvals under this Title shall not be accepted by the City until the Financial Services Director/Treasurer certifies that all real estate taxes, personal property taxes, special assessments and other fees or charges then due and owing to the City of Onalaska by the applicant or which relate to the property for which the license, permit, approval, or application is requested, have been paid in full.

13.01.18 Violations.

A. 
Enforcement. It shall be the duty of the Zoning Administrator or designated agent to enforce the provisions of this Title.
B. 
Compensation. No compensation shall be allowed for any building or development erected in violation of this Title, which is razed by any government agency, for street, highway, railroad right-of-way or parkway purposes.
C. 
Penalties. Any person, firm or corporation who fails to comply with the provisions of this Title shall, upon conviction thereof, be subject to the forfeiture and such additional penalties as provided for in Title 1 of the City of Onalaska Code of Ordinances.
D. 
The City of Onalaska may impose a special charge in accordance with § 66.0627, Wis. Stats, as may be amended, should the owner of any lands fail to comply with the provisions of this Title.

13.01.21 Construal of provisions.

A. 
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power now possessed by the City of Onalaska.

13.01.22 Relationship to Comprehensive Plan.

A. 
The regulations established herein are derived from and established in accordance with the City of Onalaska Comprehensive Plan. This Unified Development Code provides regulations to implement the goals, objectives, policies and recommendations of the City of Onalaska Comprehensive Plan. References to the contents of the City of Onalaska Comprehensive Plan are contained herein.

13.01.23 Repeal; effective date; transition standards.

A. 
All other ordinances or parts of ordinances of the City inconsistent or conflicting with this Title, to the extent of the inconsistency or conflict only, are hereby repealed.
B. 
Development plans. The provisions of this UDC shall apply to all development plans (general, revised or final) filed on or after February 11, 2020. Plans on file before February 11, 2020, shall be reviewed for compliance with the UDC effective at the time of filing.
C. 
Permits. The provisions of this UDC shall apply to all permits filed on or after February 11, 2020. Permit applications on file before February 11, 2020, shall be reviewed for compliance with the UDC effective at the time of filing.

13.01.24 Conflict with other provisions.

A. 
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements. Wherever the UDC imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of the UDC shall govern except as otherwise provided in state statutes or rules.

13.01.25 Graphics, illustrations, figures, photos, and cross-references.

A. 
Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text shall control.
B. 
In some instances, cross-references between chapters, divisions, sections, and subsections are provided that include the chapter, division, section or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.

13.01.26 Nonconformities.

[Amended 4-11-2023 by Ord. No. 1759-2023]
A. 
Existing legal nonconforming uses.
1. 
Purpose. A legal, nonconforming use is one that existed lawfully before the Unified Development Code was enacted or amended and does not conform with the use restrictions in the current Unified Development Code. A nonconforming use may continue in its current capacity provided the following regulations are satisfied.
2. 
Restoration of certain nonconforming uses. A nonconforming use damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow or infestation shall be allowed to be restored, provided the structure is restored to the size, location and use it had immediately before the damage or destruction. An increase in size shall only be permitted if necessary to comply with applicable state or federal requirements.
3. 
Termination. If a nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or other use shall conform to the provisions of this Title.
4. 
Changes and substitutions.
a. 
Once a nonconforming use has been changed to conform to the Unified Development Code regulations, it shall not revert back to a nonconforming use.
b. 
Once the Board of Zoning Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the existing nonconforming use shall lose its status as a legal nonconforming use and may not be reestablished.
5. 
Additional regulations. The structural alteration/repair of a structure containing a nonconforming use shall not exceed 50% of the structure's assessed value over the life of the structure. Additions to a structure containing a nonconforming use shall not be allowed.
B. 
Existing legal nonconforming lots and structures.
1. 
Purpose. A legal, nonconforming parcel or structure is one with site characteristics, including, but not limited to, setbacks, lot dimension standards, or other regulations specified within the Unified Development Code that exist at the time of the adoption or amendment of this Title. A nonconforming structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Title.
2. 
Expansion or improvement. Any lawful nonconforming structures existing at the time of the adoption or amendment of this Title may be continued, although their size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this Title. Any lawful nonconforming structure may be allowed to be extended, enlarged, reconstructed, moved or structurally altered, provided that said extension, enlargement, reconstruction, movement or alteration complies with the requirements of the specific zoning district, except for the existing nonconformance. However, the nonconforming feature of a lawful nonconforming structure shall not be allowed to become more nonconforming.
3. 
Accessory structures. New and permitted accessory structures may be constructed on a lot which contains a nonconforming structure, provided the new accessory structure conforms with the standards of the Unified Development Code. Existing detached accessory structures that are nonconforming (shed, privacy screens, pergolas, etc.) may not be increased in height without coming into conformance with this Title.
4. 
Relocation. If a nonconforming structure is moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
5. 
Ordinary maintenance. Ordinary maintenance repairs, including repairs reasonably necessary to prevent the deterioration of a structure and remodeling of a nonconforming structure, are permitted, as well as necessary nonstructural repairs and alterations which do not extend, enlarge, or intensify the nonconforming structure. Ordinary maintenance repairs and remodeling includes but is not limited to internal and external painting, decorating, wall covering, the addition of acoustical ceilings, the installation of heating, electricity, plumbing (including fixtures) or insulation, and replacement of doors, windows, and other nonstructural components.
6. 
Unsafe structures. Nothing in this Title shall preclude the Zoning Administrator, Inspection Department or any other City official from initiating remedial or enforcement actions when a lawful nonconforming structure is declared unsafe or presents a danger to the public health, safety, or welfare.
7. 
Damaged or destroyed. A nonconforming structure damaged or destroyed on or after the effective date of this Title by violent wind, vandalism, explosion, fire, flood, ice, snow, mold, or infestation may be restored to the size and/or location without any limits on the costs of the repair, reconstruction, or improvement in accordance with § 62.23(7)(hc), Wis. Stats. The rebuilt nonconforming structure may only be increased in size beyond what is allowable under Section 13.01.26.B.2. if doing so is necessary to conform to applicable state or federal requirements.
8. 
Conformance. Once a nonconforming structure has been changed to conform to the Unified Development Code regulations, it shall not be allowed to revert back to a nonconforming structure.
C. 
Changes and substitutions.
1. 
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.
2. 
Once the Board of Zoning Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the existing nonconforming use shall lose its status as a legal nonconforming use and may not be reestablished.

13.01.31 Purpose.

A. 
The Official Map is created for the purpose of serving and promoting the public health, safety, convenience, economy, orderliness and general welfare of the community; to further the orderly development and use of the land; stabilize the location of real property boundary lines; to facilitate adequate provisions for public transportation, parks, playgrounds and stormwater drainage and to facilitate orderly subdivision of larger parcels of land.

13.01.32 Authority.

A. 
This chapter is adopted under the authority granted by § 62.23(6), Wis. Stats., as may be amended.

13.01.33 Official Map.

A. 
The Official Map of the City of Onalaska shall show the location and extent of all platted streets, highways, railroad rights-of-way, public transit facilities, waterways, parks, playgrounds and parkway corridors within the City of Onalaska and within 1 1/2 miles or less of the City of Onalaska corporate boundary as herein laid out, adopted and established by ordinance. An Official Map updated in 2020, and as may be amended, which accompanies this Title, is hereby designated as the Official Map of the City of Onalaska and all notations, references and other information shown thereon shall be part of this Title.

13.01.34 Requirements.

A. 
Building and site plan permits. No permit shall hereafter be issued for any proposed development or building proposed in conflict with an existing or proposed street, highway, railroad right-of-way, waterway, park or parkway corridor shown on the Official Map.
B. 
Municipal improvements. No public sewer or other municipal street utility shall be constructed in any street, highway or parkway within the corporate limits of the City of Onalaska until such street, highway or parkway is duly placed on the Official Map.
C. 
Certification. There shall be a certified copy of the Official Map kept in the office of the City Engineer and shall be available for inspection by any interested person during regular office hours. Thereafter, no change or addition to the map shall become effective until it is amended in accordance with this Title and Wisconsin State Statute requirements.

13.01.35 Map interpretation.

A. 
Street, highway, railroad rights-of-way and parkway locations are approximate. Boundary lines indicated as approximately following municipal boundaries, parcel or lot lines, congressional township section lines or fractional parts thereof, shall be construed to follow such lines. Boundary lines indicated as parallel to or extensions of street, highway, railroad right-of-way or parkways, municipal boundaries, parcel or lot lines or congressional township lines or fractional parts of congressional township lines shall be so construed to be parallel to or extensions of said boundary lines.

13.01.41 General administrative system.

A. 
This Title contemplates an administrative and enforcement officer entitled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of conditional uses, subdivisions, and planned unit developments, changes in zoning districts and Zoning Map, and amending the text of this Title, require review and recommendation by the Plan Commission and ultimate action by the Common Council. A Board of Zoning Appeals is provided to assure proper administration of the Title and to avoid arbitrariness.

13.01.42 Zoning Administrator.

A. 
The Common Council shall designate the Zoning Administrator as the administrative enforcement officer for the provisions of this Title. The duty of the Zoning Administrator shall be to interpret and administer this Title and to issue, after on-site inspection, all permits required by this Title, unless specifically designated to other departments. The Zoning Administrator shall further:
1. 
Maintain records of all permits issued, inspections made, work approved and other official actions.
2. 
Record the lowest floor elevations of all structures erected, moved, altered or improved in the floodplain districts.
3. 
Establish that all necessary permits that are required for floodplain uses by state and federal law have been secured.
4. 
Inspect all structures, lands and waters as often as necessary to assure compliance with this Title, including assessment of all damaged floodplain structures, to determine if substantial damage to the structures has occurred.
5. 
Investigate all complaints made relating to the location of structures and the use of structures, lands and waters, give notice of all violations of this Title to the owner, resident, agent or occupant of the premises and report uncorrected violations to the City Attorney in a manner specified by them.
6. 
Prohibit the use or erection of any structure, land or water until they have inspected and approved such use or erection.
7. 
Request assistance and cooperation from the Police Department and City Attorney as deemed necessary.

13.01.43 Role of specific City bodies in zoning administration.

A. 
Plan Commission. The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the orderly planning and development of the City to the Common Council, other public officials and other interested organizations and citizens. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. The Plan Commission shall have such duties as set forth under this Title and under Title 2 of the City Code.
B. 
Common Council. The Common Council, the governing body of the City, subject to recommendations by the Plan Commission and the holding of public hearings by said Council, has ultimate authority to grant subdivisions, including planned unit developments, make changes and amendments in zoning districts, the Zoning Map and supplementary floodplain Zoning Map, and to amend the text of this Title. The Common Council may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this Title.
C. 
Board of Zoning Appeals. A Board of Zoning Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this Title and to hear requests for variances.
D. 
Long Range Planning Committee. The Long Range Planning Committee is established to provide opinions regarding development conformance with the City's Comprehensive Plan. The Plan Commission also hears suggestions and recommendations on long-range planning matters.