This Chapter shall be known, cited, and referred to as the "City of Waupaca Zoning Ordinance" except as referred to herein, where it shall be known as "this Chapter".

The use or development of any land or water, a change or alteration in the use of and land or water, and the use, change of use, alteration, construction, reconstruction, remodeling or expansion of any structure within the areas to be regulated by this Chapter shall be in compliance with the terms of this Chapter, and other applicable local, state, and federal regulations.

The Zoning Ordinance and all amendments thereto, and all ordinances or parts or Sections of ordinances in conflict herewith, of the City of Waupaca, Wisconsin are hereby repealed in their entirety.

These regulations are adopted pursuant to the authorization contained in Chapters 62.23, 87.30, ll4.l26 and l45.02, Wis. Stats., as amended. This Chapter is enacted pursuant to the authority granted by the State of Wisconsin Statutes. Specific statutory references are provided within the body of this chapter solely as a means of assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be construed so as to limit the application or interpretation of this chapter.

The general purpose of this Chapter is to promote health, safety, morals and the general welfare of the City of Waupaca. The provisions hereof shall be liberally construed in favor of the City and as minimum requirements for the purposes stated.

It is the intent of this Chapter to regulate and restrict the use of all structures, lands and water; and to:

(1)

To promote land uses and development patterns that are consistent with the City's comprehensive plan and of adopted neighborhood, corridor or special area plans.

(2)

Regulate lot coverage in order to ensure the proper size, location and placement of all structures so as to prevent overcrowding, unsafe conditions, traffic congestion and environmental damage, and to provide for adequate sunlight, air, sanitation and storm water drainage. (Am. Ord. #04-21)

(3)

Regulate population density and distribution so as to avoid undue population concentration in order to facilitate the provisions of transportation, water, sewerage, school, parks and other public requirements.

(4)

Regulate vehicular parking, loading and access so as to lessen congestion on City streets and highways, thereby promoting the safe and efficient movement of vehicles and the maintenance of the designed traffic carrying capacity of existing and proposed streets and highways.

(5)

Secure safety from fire, flooding, panic and other dangers.

(6)

Stabilize and protect existing and potential property values by conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

(7)

Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters.

(8)

Further the maintenance of safe and healthful water conditions.

(9)

Further the appropriate use of land and conservation of natural resources.

(10)

Facilitate the use of solar energy devices and other innovative energy techniques.

(11)

Preserve and promote the beauty and historic nature of the City.

(12)

Protect life, health, property and public facilities from the detrimental effects of flooding.

(13)

Protect natural wetland areas from the detrimental effects of urban development.

(14)

Provide for the administration and enforcement of this Chapter and to provide penalties for its violation.

The City of Waupaca Comprehensive Plan establishes the goals, objectives, and policies that provide the basis for this zoning code. All regulations or amendments adopted pursuant to this Chapter shall be generally consistent with the Comprehensive Plan as adopted and revised or updated.

It is not intended that this Chapter abrogate or interfere with any constitutionally protected vested right. It is also not intended that this Chapter abrogate, repeal, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law.

(1)

This Chapter should be interpreted as a permissive zoning ordinance. It permits only those principal, special, and accessory uses and structures that are specifically enumerated in this Chapter. Any uses or structures not specifically permitted by this Chapter are prohibited.

(2)

In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare, 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 Waupaca.

(3)

Where property is affected by the regulations imposed by any provision of this Chapter and by other governmental regulations, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this Chapter, no land shall be developed or used, and no structure erected or maintained in violation of any State or Federal regulations.

(4)

No structure, land, water or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit, except structures not requiring a building or zoning permit, and without full compliance with the provisions of this Chapter and all other applicable local, county and State regulations.

(5)

Nothing herein contained shall require any changes in plans, construction, size or designated use of any building or part thereof, for which a zoning or building permit has been issued before the effective date of this Chapter and the construction of which shall have been started within 6 months from the date of such permit.

(6)

Except as provided in this Chapter, under provisions for Nonconformities, no building, structure, development or premises shall be hereinafter used or occupied and no applicable permit granted, that does not conform to the requirements of this Chapter.

Pursuant to Chapter 66.0217(8), Wis. Stats., all property annexed to the City of Waupaca and previously not zoned under this Chapter shall be hereby declared to be in the TZ Transitional Zoning District until otherwise changed by amendment. Prior to the issuance of any permits for new construction, a permanent zoning district classification must be obtained pursuant to the Changes and Amendments Section of this Chapter.

All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located. (See Transition Rules below.)

(1)

All new building sites shall meet the requirements of this Chapter unless, prior to the effective date of this Chapter a building permit was issued and is still valid; and provided construction is begun within 90 days of such effective date and diligently prosecuted to completion, said building may be:

(a)

Completed in accordance with the approved plans on the basis of which the building permit has been issued, and,

(b)

May upon completion be occupied as approved in the building permit by the use for which it was originally designated.

(2)

Where the Zoning Administrator has issued a zoning approval pursuant to the provisions of this Chapter, the approval shall become null and void unless work thereon is substantially underway within six months of the date of issuance of such approval.

(3)

The following changes to an existing use shall not require the entire site to be brought into compliance:

(a)

Adding pedestrian, bicycle, and/or accessibility accommodations.

(b)

Providing new/additional refuse enclosure areas.

(c)

Resurfacing/reconstruction, maintenance of parking facilities where there is no change to layout, circulation or entrances.

(d)

Replacing dead/undesirable, or non-functioning landscaping with new or different trees or shrubs.

(e)

Elimination of parking stall to add landscaping, when administratively approved.

Should any Section or provision of this Chapter be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of this Chapter as a whole or any part thereof, other than the part so declared to be invalid.

This Section addresses the applicability of new substantive standards enacted by this Chapter to activities, actions, and other matters that are pending or occurring as of the effective date of this Chapter.

(1)

Any application that has been filed with the Community & Economic Development Department and has been determined to be fully complete by the City, prior to the effective date of this Chapter, shall be regulated by the terms and conditions of the ordinances and codes that were in place at the time of filing. However, all administrative procedures and penalties shall follow those set forth by this Chapter.

(2)

Except as noted otherwise, any application for a zoning map amendment that was filed, and has been determined to be fully complete by the City, prior to the effective date of this Chapter, shall continue through the process to completion pursuant to the terms and conditions of the ordinances and codes that were in place at the time of filing.

(3)

Planned development districts in force at the time of adoption of this Chapter shall continue to be controlled under the standards of the existing planned development district unless rezoned by Common Council or when any aspect of said districts is determined to be noncompliant with state law. Processes for approving or amending adopted final development plans, plats, certified survey maps, or site plans, shall follow the procedures of this Chapter.

(4)

Any application before the Board of Appeals or any application that has been filed with the Community & Economic Development Department and is fully completed, prior to the effective date of this Chapter, shall continue the process pursuant to the terms and conditions of the ordinance that were in place at the time of filing.

The degree of protection intended to be provided by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This Chapter does not imply that compliance will result in freedom from damages nor shall this Chapter create a liability on the part of or a cause of acting against the City of Waupaca or any officer or employee for any damage that may result from reliance on this ordinance.

This Chapter is applicable to all territory located within the corporate limits of the City of Waupaca.

(1)

This Chapter, in part, carries forward by reenactment some of the provisions of the regulations governing zoning and related matters, being previously known collectively as the "Zoning Code", Chapter 17 of the Code of Ordinances for the City of Waupaca, adopted prior to the effective date of this Chapter. It is not the intention of this Chapter to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this Chapter or altered by the Official Zoning Map.

(2)

All provisions of the City of Waupaca Zoning Ordinance which are not reenacted herein are hereby repealed.

(3)

The adoption of this Chapter shall not adversely affect the City's right to prosecute any violation of the predecessor Zoning Ordinance provided the violation occurred while that Chapter was in effect.

This Chapter shall become effective upon passage and posting according to law.