Pursuant to § 61.35 of Wisconsin Statutes, this chapter shall be known as, referred to, or cited as "Zoning Code, Village of Winneconne, Wisconsin."

It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall apply.

The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the Village and shall not be deemed a limitation or repeal of any power granted by the Wisconsin Statutes.

Jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village of Winneconne and, where allowed by state statute or other applicable regulation, any lands included in the Village of Winneconne extraterritorial zoning jurisdiction.

Areas in which agriculture, forestry, industry, mining, trades, business and recreation may be conducted.

Areas in which residential uses may be regulated or prohibited.

Areas in or along natural watercourses, channels, streams, and creeks in which trades or industries, filling or dumping, erection of structures and the location of buildings may be prohibited or restricted.

Campgrounds, trailer parks, mobile home parks, manufactured home parks, and motels.

Certain areas, uses or purposes that may be subjected to special regulation.

The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered.

The location, height, bulk, number of stories and size of buildings and other structures.

The location of roads, parks, and schools.

Building setback lines.

The density and distribution of population.

The percentage of lot that may be occupied, size of yards, courts, and other open spaces.

Places, structures, or objects with a special character, historic interest, aesthetic interest or other significant value, historic landmarks and historic districts.

Burial sites, as defined in § 157.70, Wis. Stats.

Oversee the functions of the office of the Zoning Administrator.

Review all proposed amendments to the zoning ordinance map and text, including, but not limited to, zoning, floodplain, shoreland, and wetland maps of the Village.

Maintain a complete public record of all its proceedings and provide a copy for the record to the Village Clerk-Treasurer.

Shall not:

Advise applicants as to the provisions of this chapter and assist them in preparing permit applications and appeal forms;

Issue permits and certificates of compliance, and inspect properties for compliance with this chapter and Chapters 546 and 559 of this Code;

Keep records of all permits issued, inspections made, work approved and other official actions;

Have access to any structure or premises for the purpose of performing these duties;

Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, map or text amendments, and any other documentation associated with this chapter to the appropriate federal, state or local agency as required by federal, state or local regulation or other applicable law in a timely manner; and

Investigate and report violations of this chapter and Chapters 546 and 559 of this Code to the appropriate municipal planning agency and to the Village Attorney.

All building permit applications shall be made to the Building Inspector and shall be accompanied by plans, in duplicate, drawn to scale, showing the name and address of the property owner, location, actual shape and dimensions of the lot to be built upon, high-water mark of any abutting watercourse, center line of abutting streets and highways, the exact size and location on the lot of the proposed or existing building and accessory building, the lines within which the building shall be erected, altered or moved, the existing and intended use of each building or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter.

Fees for such permits shall be established by the Village Board.

No vacant land shall be occupied or used and no building shall be hereafter erected, altered or moved or shall be occupied until a certificate of occupancy has been issued by the Building Inspector.

Name, address, and telephone number of the applicant, property owner and contractor-builder; legal description of the property; proof of ownership and/or control of the property (for example, a recorded deed, lease or recorded land contract).

Type of proposed use and an indication as to whether new construction or a modification to an existing structure is involved.

Whether or not a private water supply or sewage system is to be installed.

A site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:

For situations involving floodplain concerns, the applicant shall submit a certification signed by a registered professional engineer or professional land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued.

For situations involving floodproofing measures, the applicant shall submit a certification signed by a registered professional architect or registered professional engineer that floodproofing adequacy meets the requirement of this chapter and Chapters 546 and 559 of this Code and applicable state or federal requirements.

It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. § 1334.

Where a zoning permit, variance, or conditional use is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.

Certificate shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this chapter and Chapters 546 and 559 of this Code.

Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.

The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform to all the provisions of this chapter and Chapters 546 and 559 of this Code.

The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.

Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this chapter and Chapters 546 and 559 of this Code.

The nature of the handicap or disability.

An explanation of the need for a waiver of specified zoning restrictions.

A discussion of alternative solutions that have been considered, if any.

The accommodation (i.e., the waiver of zoning restrictions) that has been requested, or another less extensive accommodation, is necessary to afford equal housing opportunity, or equal access to public accommodations, for disabled or handicapped persons, and is the minimum accommodation that will give the handicapped or disabled persons adequate relief.

The accommodation will not unreasonably undermine the basic purposes that the chapter seeks to achieve.

If the Zoning Administrator issues a zoning permit to a handicapped or disabled person, or to the owner of a place of public accommodations, that waives certain specified zoning requirements, the permit shall state that:

Village Administrator shall review and issue permits and notices, coordinate decisions, and keep written records of the proceedings for this chapter.

Building Inspector or Village Administrator, as appropriate, shall provide violation notices and necessary inspections as requested and required herein and at the discretion of the Administrator.

The Police Department shall serve notice of violation(s) and serve tickets for noncompliance on any necessary landowner as directed by the Administrator or Building Inspector and as allowed in accordance with Village ordinance and/or state law. Police Department may report to the Building Inspector any activities which are being carried out without the required permit.

Plan Commission shall have the duties and responsibilities as provided for herein within applicable Village ordinances and provided for within Wisconsin State Statutes.

Zoning Board of Appeals shall have responsibility to hear and decide alleged errors and special exceptions, authorize variances, permit building erection or use, reverse or affirm wholly or in part a previous administrative decision of the ordinance or statute upon properties or persons residing within the active Village of Winneconne incorporation limit.

Where conditions of a zoning, variance or conditional use permit are violated, the permit may be revoked by the issuing entity after proper notice and right to cure as set forth in the permit itself or other applicable regulation.

The Plan Commission may provide notice and right to cure requirement in the particular permit at the time it is approved. If there are no notice or cure provisions contained in the particular permit, and no other statute or ordinance applies, in nonemergency situations that do not involve a threat to the public health, a violator shall be given notice and a thirty-day period to cure the violation. Such notice shall be mailed by first-class mail to the address of record with the Village or the property address or personally served upon the occupant, the applicant and/or the property owner. The thirty-day period shall begin on the 3rd day after such notice is placed in the U.S. Mail for delivery or on the date it is personally served. If the violation is cured within the applicable period, no forfeitures shall accrue.

Any violations of the provisions of this chapter by any person shall be unlawful and may be forwarded by the Police Department to the Village Attorney, who shall expeditiously prosecute all such violators.

Each day during within such violation exists shall constitute a separate offence and a separate forfeiture shall accrue for each day.

A violator shall, upon conviction, forfeit to the Village a forfeiture equal to three times the respective permit expense per each day the violator has been in violation.

Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the Village, the state or any citizen thereof.

The remedies contained herein shall be cumulative and not exclusive of one another. The Zoning Administrator, in the Zoning Administrator's sole discretion, may decide what remedies to pursue where appropriate.

The Village shall not forfeit or waive any right it may have to enforce this chapter by its inaction for any period of time.[1]