Winneconne Town City Zoning Code
ARTICLE II
General Provisions
§ 310-8 Jurisdiction.
The provisions of this chapter shall apply to all structures, land, water and air within the Town of Winneconne, Winnebago County, Wisconsin.
§ 310-9 Compliance required.
A.
Unless otherwise provided by this chapter, after the effective date of this chapter no structure, land or water shall be developed, and no structure or part thereof shall be relocated, erected, moved, reconstructed, enlarged, extended, converted or structurally altered, without a zoning permit and without full compliance with this chapter and all other applicable Town, county and state regulations; provided, however, that this chapter shall not govern normal farming operations on farmland or normal filling, grading or landscaping of land.
B.
The Town Board or any owner or owners of property within the Town who are affected by a particular regulation, variance or constitutional use under this chapter may sue to enforce, by injunctional order, compliance with this chapter.
§ 310-10 Zoning Administrator.
A.
A Zoning Administrator shall be appointed by the Town Board at a rate of compensation and for a term of office which is established by the Town Board at the time of such appointment. When practicable, the Zoning Administrator shall be a resident of the Town.
B.
Duties of Zoning Administrator. The Zoning Administrator shall administer, supervise, and enforce the provisions of this chapter and in furtherance of those duties shall have the authority to:
(1)
Meet with applicants to advise them of the requirements of this chapter;
(2)
Issue administrative permits;
(3)
Issue written interpretations relating to this chapter;
(4)
Revoke or modify any administratively-issued permit or interpretation with reasonable cause;
(5)
Keep a written record of permits issued, interpretations made, inspections, work approved, enforcement activities, and other similar official actions;
(6)
Prepare staff reports consistent with this chapter and make recommendations as may be required or deemed appropriate;
(7)
Prepare meeting agendas for the Plan Commission and Zoning Board of Appeals and submit them to the appropriate chairperson for review and approval;
(8)
Investigate complaints regarding alleged violations of this chapter;
(9)
Have access to premises, public or private, during reasonable hours to conduct inspections deemed necessary to ensure compliance with this chapter;
(10)
Procure a special inspection warrant in accordance with § 66.0119, Wis. Stats., if a property owner does not give the administrator permission to enter a property to verify compliance with this chapter;
(11)
Issue violation notices;
(12)
Issue stop-work orders;
(13)
Initiate legal proceedings to correct violations in consultation with Winnebago County's corporation counsel;
(14)
Develop, amend, and utilize application forms, checklists, and other forms he or she deems appropriate to administer the development review processes contained in this chapter;
(15)
Recommend amendments to this chapter and to other chapters of the General Code of the Town of Winneconne relating to land use and development; and
(16)
Undertake any other activity not enumerated in this section but necessary to administer and enforce this chapter or any other section of the General Code of the Town of Winneconne as may be appropriate.
§ 310-11 Use restrictions.
The following use restrictions and regulations shall apply, and, unless otherwise specified, the basic standards of a district shall be minimum standards:
A.
Principal uses. Only those principal uses specified for a district, their on-site services and the following uses and the conditions specified below shall be permitted in that district.
(1)
Unless otherwise specified in other sections, no building shall be erected or structurally altered to exceed 35 feet or 2 1/2 stories in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.
B.
Accessory uses. Unless otherwise specified in other sections, 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 include incidental repairs; storage; parking facilities; employees' and owners' itinerant agricultural laborers' quarters not for rent; private swimming pools; and private emergency shelters.
C.
Conditional use. Conditional uses and their accessory uses are considered as special uses which require approval and a public hearing if there is approval, all in accordance with Article IV of this chapter. In addition to those stated elsewhere in this chapter, the following shall be conditional uses in all zoning districts of this chapter:
(1)
One-time disposal, except in a Floodplain/Shoreland District, subject to receiving a Department of Natural Resources (DNR) permit (according to § 310-26).
D.
(Reserved)
E.
(Reserved)
F.
Exceptions generally. The height and area regulations in this chapter shall be subject to the following exceptions:
(1)
Building height. Chimneys, radio and/or television towers, or similar structures and the necessary mechanical appurtenances therefore may be erected to any height unless a specific prohibition is set forth in this chapter.
(2)
Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into yards not more than three feet shall be permitted where so placed as not to obstruct light or ventilation.
§ 310-12 Sanitary regulations.
The provisions of the Winnebago County Sanitary Ordinance and of Chs. SPS 383, SPS 385 and NR 812, Wis. Adm. Code, are incorporated by reference.
§ 310-13 Accumulation or dumping of garbage.
An accumulation or dumping of refuse, rubbish, ashes, or garbage within this Town is prohibited except as provided in this chapter, and it cannot be permitted within 1/8 mile of any dwelling, business building, or public highway and must be licensed pursuant to Ch. NR 500, Wis. Adm. Code, and a surety bond furnished.
§ 310-14 Enforcement.
[Amended 2-18-2026 by Ord. No. 2026-01]
It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this chapter. In case of any violation, the Town Board, the Zoning Administrator, the Town Plan Commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter. Every structure, fill or development placed or maintained in floodplains in violation of this chapter is a public nuisance, and the creation thereof may be enjoined and maintenance thereof may be abated by an action instituted by the Town or any citizen who lives in or within 500 feet of the floodplain or by Winnebago County.
§ 310-15 Violations and penalties.
Any person, firm or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000, according to the fee schedule below, and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
A.
Penalty Fee Schedule.
Offense | Fine |
|---|---|
First | $100 |
Second | $250 |
Third | $500 |
Fourth or more | $1,000 |
§ 310-16 Driveways.
See § 275-42.
§ 310-17 Off-street parking and loading requirements.
A.
Off-street parking The following required number of off-street parking spaces shall apply for all districts, unless otherwise specified:
(1)
One-family and two-family dwellings shall provide one space per family.
(2)
One-family and two-family dwellings with paying guests shall provide one space per family and one space for each paying guest.
(3)
Multiple dwellings shall provide one parking space for each studio apartment and two parking spaces for each family unit.
(4)
In places of public gathering, one parking space shall be required for each five seats available for public use.
(5)
Commercial uses shall provide one parking space for each 200 square feet of floor space.
(6)
Mixed-use dwelling shall provide two spaces per dwelling.
(7)
Industrial uses shall provide a minimum of one parking space for each four of the total number of employees on all shifts, plus one space for each vehicle maintained or owned on the premises by the industrial use.
B.
Off-street loading. In commercial and industrial uses, space must be provided for off-street loading of sufficient size so that no street, alley, or pathway is blocked.