Saint Francis City Zoning Code
ARTICLE I
Introduction
§ 455-1 Authority and intent.
This chapter is enacted under § 62.23, Wis. Stats., to promote the public health, safety, morals and general welfare; to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry and other purposes, and for such purpose to divide the City into districts of such number, shape and area as are deemed best suited to carry out such purposes; to provide a method for administration and enforcement; and to provide penalties for violations.
§ 455-2 Title.
This chapter shall be known as the "Official Zoning Code of the City of St. Francis, Wisconsin," and may be so cited, and further reference elsewhere as "Zoning Code" and herein as "this code" or as "this chapter" shall imply the same wording and meaning as the full title.
§ 455-3 Interpretation.
A.
Minimum requirements herein. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare of the City.
B.
Conflict with other regulations. Whenever the requirements of this chapter conflict with the requirements of any other lawfully adopted laws and ordinances, the most restrictive, or that imposing the highest standards, shall govern.
C.
Cumulative provisions. The provisions of this chapter are cumulative and pose additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this chapter.
D.
Existing unlawful buildings and uses. No building, structure, or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter, and to the extent that, in any manner, the unlawful building, structure or use is in conflict with the requirements of this chapter it remains unlawful.
E.
Consent not implied; permits, licenses and approvals required. Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity without the required permits, licenses and/or approvals.
F.
Language.
(1)
Words used in this chapter shall have their customary and ordinary meanings as defined in a standard dictionary, except for specific words and phrases as defined in this chapter.[1]
[1]
Editor's Note: See Art. X, Definitions.
(2)
The present tense includes the past and future tenses. Singular words shall include the plural, and plural words shall include the singular.
(3)
Any word denoting gender includes the female, male and neuter.
(4)
The word "person" includes an individual, firm, association, partnership, trust, company, corporation or any other legal entity.
(5)
The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(6)
The word "shall" is mandatory; the word "may" is permissive.
(7)
Unless the context clearly indicates to the contrary, where an illustration accompanies any item within this chapter, the written text and its interpretation shall have precedence over said illustration.
G.
Available relief. Variances from the provisions of this chapter are available under the provisions of § 455-53 to the full extent of the law.
§ 455-4 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
§ 455-5 Severability.
A.
Part, division, section, provision, or portion of this chapter. If any part, division, section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
B.
Application of this chapter to a particular structure, land or water. If an application of this chapter 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.
§ 455-6 Jurisdiction.
The jurisdiction of this chapter shall apply to all structures, lands, water, and air within the corporate limits of the City of St. Francis. Unless specifically exempted by law, all cities, villages, towns, counties, other municipal corporations and state agencies are required to comply with this chapter and obtain all required permits.
§ 455-7 Compliance.
A.
General compliance. No structure, development, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, substantially improved, extended, enlarged, converted, or structurally altered without a building permit and/or certificate of occupancy and without full compliance with the provisions of this chapter and all other local, county, state and federal regulations.
B.
Zoning compliance. The following specific zoning provisions shall be complied with:
(1)
Changes in structures or use. Except as may otherwise be provided in § 455-20, regarding nonconforming buildings, structures and uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations which are applicable to the zoning districts in which such buildings, uses, or land shall be located, except as specified herein.
(2)
Nonconforming buildings, structures and uses. Any lawfully established building, structure, or use existing at the time of enactment of this chapter may be continued, even though such building, structure, or use does not conform to the provisions of the zoning district in which it is located. Whenever a zoning district is changed thereafter, the then existing lawful use may be continued, subject to the provisions of § 455-20 of this chapter.
(3)
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, erosion susceptibility, or any other feature likely to be harmful to the health, safety, and general welfare of this community. The Common Council, in applying the provisions of this chapter, shall, in writing, record the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if so desired. Thereafter, the Common Council may affirm, modify, or withdraw its determination of unsuitability.
§ 455-8 Permits previously issued.
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter and the construction of which has been started within six months from the date of such permit and diligently pursued.
§ 455-9 Fees and costs.
A.
General provisions. In addition to any other fees required to be paid in conjunction with the filing of an application requesting any consideration on the part of the Common Council, the City Planning Commission, or the City Zoning Board of Appeals to establish or modify any use of land or subdivision of land within the City, the person, partnership, or entity requesting such consideration (hereinafter called "applicant") shall compensate the City for all costs and expenses the City incurs in the consideration and recommendations regarding any such application or request which are required over and above a single review.
B.
Presubmission discussions. The obligation to compensate the City for its costs or expenses shall extend to all presubmission discussions with the City or its representatives which precede an application to the City.
C.
Applicant certificate. Before the City shall incur any costs or expenses in consideration of any application as described in this chapter, the applicant shall sign an acknowledgement and certificate on a form to be made available by the City Clerk acknowledging the applicant's responsibility for all City costs and expenses directly or indirectly related to the applicant's request. The original of said acknowledgment and certificate shall be kept on file with the City Clerk. A copy shall be given to the applicant at the time of signing.
D.
Costs recoverable. All costs incurred by the City in the consideration of any requests by an applicant related to this chapter or Chapter 402, Subdivision of Land, shall be recoverable, including, without limitation by enumeration, the following:
[Amended 10-18-2005 by Ord. No. 1202]
(1)
All professional and technical consultant services and fees retained by the City and rendered in review of any application, including but not limited to the City Engineer, Planner, City Attorney or any other professional or expert hired by the City for purposes of review of the application or presubmission request.
(2)
Legal publication costs.
(3)
Court reporter costs, as deemed necessary by the City Planning Commission.
(4)
Copy reproduction.
(5)
Postage.
(6)
Inspection fees incurred by the City Building Inspector.
(7)
Document recording (if required).
E.
Billing of costs. The City Clerk shall, on a monthly basis, bill all costs recoverable, other than all professional City Attorney fees, including fees of any designee of the City Attorney, pursuant to this chapter to the applicant, which said costs shall be paid by the applicant within 10 days of receipt of the City's billing. The Common Council may require an applicant to submit an advance deposit against future billings by the City for the recovery of costs provided by this chapter. Surplus deposit shall be returned to the applicant at the conclusion of the project if such deposit exceeds the amount of billings for recoverable costs. Any billed costs from the City unpaid at the expiration of said ten-day period shall bear interest at the rate of 18% per annum.
[Amended 10-18-2005 by Ord. No. 1202]
F.
Billing of attorney fees. The City Attorney shall, on a monthly or quarterly basis, bill all costs recoverable pursuant to this chapter to the applicant, which said costs shall be paid by the applicant within 10 days of receipt of the City Attorney's billing. Any billed costs from the City Attorney unpaid at the expiration of said ten-day period shall bear interest at the rate of 18% per annum.
[Added 10-18-2005 by Ord. No. 1202]
G.
Conditions of all applications. Notwithstanding anything in the City Code to the contrary, payment in full of all recoverable costs pursuant to this chapter shall be a precondition to the final approval of any application. This precondition shall extend to any City board request for an advance deposit against future billings for recoverable costs as called for herein.
[Amended 10-18-2005 by Ord. No. 1202]
H.
Enforcement. In addition to those provisions for enforcement contained in the City Code, in the event that the City is not paid billed recoverable fees as called for herein, the City shall be entitled to recover all actual attorney fees, litigation expenses, witness fees, filing fees, expert witness fees, and all other costs or expenses incurred by the City in the prosecution of a violation of this chapter, regardless of whether the City prevails in such prosecution or not.
[Amended 10-18-2005 by Ord. No. 1202]
§ 455-10 Document copies.
[Amended 12-7-2004 by Ord. No. 1179; 1-18-2005 by Ord. No. 1180]
The fees for reproduction of zoning maps and CD copies of the Zoning Code shall be as provided by the current fee schedule on file with the City Clerk.