Winnebago County - FAQs | Simplex Code Manager

The Basics

How much does it cost to submit an application?

Application fees are set by the County Board to reflect the level of review required. In a few instances, the cost to submit an application for review also requires the payment of professional charge back fees. All of the application fees are listed on a fee schedule. For your convenience, the current application fees are shown on the 'Procedures' tab under 'Zoning Code.'

What is the difference between a building and structure?

A structure is a broad term encompassing most manmade features or objects that occupy space on or below the ground surface. A building is therefore a type of structure. Definitions for structure and building can be found on the 'Definitions' tab under 'Zoning Code' or in Article 3 of the zoning code.

When is the zoning office open?

The office hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Walk-in permit issuing hours are 8:00 a.m. to 10:00 a.m. and 1:00 p.m. to 2:00 p.m. Other hours are available by appointment.

Why doesn’t anyone answer the phone?

If your call is not answered it is because people are working with another customer, they are on the phone with someone, or they are not at their desk. Calling five or six times in a row without leaving a message will not help. Leave a brief message with your name, phone number, and subject, address or parcel number, and staff will return your message as soon as possible. During the construction season, it may take somewhat longer for calls to be returned.

But I’m closing on the property tomorrow!

Staff also provides assistance to other customers and needs to properly complete that work as a courtesy to that customer. Information regarding property can be a complicated issue, and the amount of research required can vary quite a bit from one property to another. The sooner you contact our office for information, the better. We would suggest contacting us a minimum of thirty (30) days prior to a closing.

What are covenants and who enforces them?

Covenants or deed restrictions are limitations often imposed by the person creating a subdivision. As such, they are a private agreement by and between those parties who own property covered by the covenants. They are not enforced by the county or any other governmental entity that is not specifically mentioned as being a party to the restrictions. Those persons owning property covered by the covenants have the right to enforce covenants. In some instances, a property owner wishing to enforce the terms of a covenant may need to hire legal counsel to resolve covenant issues.

What towns in Winnebago County are subject to the town/county zoning code?

The following towns are currently subject to the town/county zoning code: Algoma, Clayton, Neenah, Nekimi, Omro, Oshkosh, and Winchester. All of the other towns have adopted their own zoning codes.

When was zoning first adopted in Winnebago County?

The first zoning code was adopted in __. Since then, various minor amendments have been made. A comprehensive rewrite of the zoning code was initiated in 2009 and adopted in 2011. A listing of recent amendments to the zoning code is posted on the 'History' tab under 'Code Administration.' There you can see when the changes were made and the nature of the change (i.e., map amendment or text amendment).

Where do I get a building permit?

Winnebago County does not issue building permits. Each town issues building permits. You should contact the building inspector for more information.

How can I find out how a parcel of land is zoned?

A zoning map, adopted as part of the zoning code, shows where the various land use districts are located. A copy of the zoning map has been posted on the 'Zoning Map' tab under 'Zoning Code.' Once you open this PDF document, you can use the tools to zoom in and out and to move around the image.

How do I know where the property boundary lines for a property are located?

A legal description describes where a property is located, and metal rods, placed in the ground by a registered surveyor, identify certain points along the perimeter of the property. Locating property boundary lines can be a challenge though, especially for lots that have not been recently surveyed. Survey markers may not have ever been established, or if placed in the ground, they can be inadvertently removed or become buried. If you are not able to find one or more survey markers and need to know precisely where a boundary line is located, you will need to hire a registered surveyor.

What is zoning?

State law gives municipalities the authority to adopt zoning regulations that seek to protect the public health, safety, and welfare by regulating the use of land. A zoning code typically consists of text and a zoning map. The zoning map depicts where the various zoning districts are located and the text establishes the requirements for existing and future land use development activities.

What types of projects require a zoning permit?

A zoning permit is needed when any structure is erected, relocated, or altered or when a new type of land use is established on a property. For example, fences, sheds, swimming pools, building additions, driveways, and decks all require a zoning permit. If you are unsure, please contact the zoning administrator at 111-222-3333.

Where can I get one or more of the various application forms?

You can stop by our office to obtain hard copies, or better yet, go the 'Procedures' tab under 'Zoning Code.' There you’ll find a complete list. The forms can be viewed, printed, and downloaded to your computer.

What is the tax key number and what is it used for?

A tax key number is an alpha-numeric code that the county assessor assigns to each parcel of land and is used for record keeping purposes. If you are filling out an application, you will need to know the tax key number of the subject property.

Where can I obtain my tax key number?

The tax key number can be found on the property tax statement for the property. You can also look on the County's online mapping system. Go to www._____.gov and click on 'GIS' from the menu on the left side. When the application opens, you can use the various tools to locate the property in question and then view the tax key number.

What boards and commissions are involved in planning and land use decisions?

There are several. The Planning & Zoning Committee is a committee of the Board of County Supervisors and is involved in reviewing most of the development applications. They are authorized to render a final decision in most situations; in the others, they make a recommendation to the Board of County Supervisors. The Board of Adjustment is the other entity involved in the review process. They primarily hear variance applications and administrative appeals. Article 4 of the zoning code (chapter 23 of the general code) contains a complete description of the functions of these entities.

If I live in a town that has its own zoning code (i.e., not under town/county zoning), why does the county need to review my project?

As required by state law, the county administers floodplain regulations and shoreland zoning in all unincorporated areas of the county. These are found in chapters 26 and 27 of the general code, respecitvely. If your property is located in a designated floodplain and/or within shoreland zone and you would like to undertake a project, contact the zoning administrator for Winnebago County. You will need approval from both the town and the county.

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Accessory structures & uses

What is the difference between a principal building and an accessory building?

A principal building houses the principal land use of the lot on which it is located. An accessory building is subordinate in size and use to the principal use of the property. A house in a single-family zoning district, for example, is the principal building and a yard shed is an accessory building. Definitions for both of these terms are found in Article 3 of the zoning code and are posted on the "Definition' tab under 'Zoning Code.'

Can I build a garage?

A garage is generally only allowed on a lot if the principal structure (e.g., house) is present or under construction. Garages are limited in size by both the zoning district and size of the lot on which it is located. Both attached garages and detached garages combined are considered when determining the square footage allowed for the lot. In some situations, a garage may be located on a "garage lot" across the road from the residential lake lot when there is not enough room on the lake lot for a garage and a house.

Can I build a fence?

As a general rule, most properties are able to have a fence. Fences are not allowed within 75 feet of the ordinary high-water mark of navigable waters. Article 8 of the zoning code contains fence regulations. The height of fences are regulated, along with where a fence may be located. A zoning permit is generally required. If you live in a residential subdivision, covenants may also restrict fences.

What is a rural accessory building?

Section 23.7-274 of the zoning code establishes criteria for designating an accessory building as a "rural accessory building." If an accessory building is given this designation, then it does not count toward the number of accessory buildings that may be allowed on a property.

Can I have a camper on my property?

If a home is present on a property, then a camper is allowed to be parked on the same parcel as an accessory use to the property. This means that if you own a camper and enjoy taking it on vacations, you are allowed to keep the camper on your property provided it is not being used. It is not a vacation place for others to come and stay with you for the summer. It cannot be rented out while it sits on your property. Campers may not be placed on vacant parcels except for occasional use by the owner. "Occasional use" is defined as being on weekends, or a week for vacation purposes. At all other times, the unit shall be removed from the property.

Can I keep bees on my property?

Bee keeping is allowed as an agricultural use in the agricultural zoning districts. The keeping of bees is also allowed in some zoning districts as an accessory use. Please refer to the land use matrix in Article 8 of the zoning code to find out where bees may be kept as an accessory use.

Is there a requirement regulating size the size of detached garages?

Yes. A detached garage may not exceed __ square feet in a residential zoning district. See Section __ of the zoning code for additional details.

Am I allowed to build a pole type building on my property?

A pole building can be constructed so long as it meets all building codes and the exterior building materials are similar to those of the principal structure.

Where can a utility shed be placed on my residential property?

Utility sheds may be placed in the side or rear yard, provided the exterior wall is not closer than 3 feet to the property boundary line.

Do I need a permit to operate a home occupation from my residential property?

No. However, there are regulations governing home occupations in the zoning ordinance. Please contact our office for an explanation of these regulations prior to commencing a home occupation on your property.

What types of projects require a zoning permit?

A zoning permit is needed when any structure is erected, relocated, or altered or when a new type of land use is established on a property. For example, fences, sheds, swimming pools, building additions, driveways, and decks all require a zoning permit. If you are unsure, please contact the zoning administrator at 111-222-3333.

What types of land uses are allowed on my property?

Article 8 of the zoning code establishes various land use districts and lists what land uses are allowed in each. You can view this information on the 'Land Use Matrix' tab under 'Zoning Code.' If you don't know the zoning classification for your property, you can view the zoning map that is posted on the 'Zoning Map' tab under 'Zoning Code.' To help answer this question, the Planning and Zoning Department is in the process of creating a web-based tool to help property owners easily determine what uses are allowed where.

Does the County issue permits for piers and other structures placed on the bed of a navigable waterbody?

The County does not issue permits for structures place water-ward of the shoreline. The Department of Natural Resources (DNR) regulates the placement of structures on the bed of a navigable water body. You should contact the local office of the DNR or go to the DNR's web site for more information.

Can I have a guesthouse on my property? What about an in-law unit?

No. The zoning code does not allow either a guest house or an in-law unit.

Can I put a patio or sidewalk between my house and the lake?

It depends. Patios and sidewalks are considered structures and must meet shoreland zoning requirements. Please refer to chapter 27 of the general code for applicable requirements.

Can I build a boathouse?

A lot with frontage on a navigable water body can have one boathouse as an accessory use. The principal use (e.g., the house) must be present or under construction on the same lot as the boathouse. Boathouses are not allowed to be built waterward of the ordinary high-water mark.

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Animals

Are there any rules at the local level that regulate dog breeding and sales?

No. The state of Wisconsin, however, regulates the breeding of dogs. You can obtain more information from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

Can I have backyard chickens?

Chickens are allowed on most lots with a single-family residence. You should refer to the land use matrix in Article 8 of the zoning code to see in what zoning districts chickens are allowed. Specific requirements are found in Section 23.8-344 of the code.

Can I have horses or other animals?

In order to house horses or other animals your property must be greater than 5 acres and zoned agricultural. On certain residential properties greater than 2.5 acres, animals can be raised if a conditional use has been approved.

Can I raise dogs?

No more than two dogs can be housed on a residentially-zoned property. A kennel or doggy daycare requires conditional use approval.

Can I keep bees on my property?

Bee keeping is allowed as an agricultural use in the agricultural zoning districts. The keeping of bees is also allowed in some zoning districts as an accessory use. Please refer to the land use matrix in Article 8 of the zoning code to find out where bees may be kept as an accessory use.

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Application review

Where can I get one or more of the various application forms?

You can stop by our office to obtain hard copies, or better yet, go the 'Procedures' tab under 'Zoning Code.' There you’ll find a complete list. The forms can be viewed, printed, and downloaded to your computer.

What is an interpretation?

The land development code authorizes the zoning administrator to issue a written interpretation when he or she is requested to do so or determines that an interpretation is needed to clarify a specific provision in the land development code when generally applied to all situations or when applied to a particular situation. To view a list of interpretations that have been issued, go to the 'Code Interpretations' tab under 'Code Administration.'

How much does it cost to submit an application?

Application fees are set by the County Board to reflect the level of review required. In a few instances, the cost to submit an application for review also requires the payment of professional charge back fees. All of the application fees are listed on a fee schedule. For your convenience, the current application fees are shown on the 'Procedures' tab under 'Zoning Code.'

What is a conflict of interest and when does it become an issue?

A public official charged with making a decision regarding a specific development application is said to have a conflict of interest when it would appear that the person is not able to make an unbiased decision. If a person has a conflict of interest, he or she is required to recues himself or herself from the decision-making process. This term is defined in the zoning code in Article 3. To view the term and definition, go to the 'Definition' tab under 'Zoning Code.'

Can a decision-making body reconsider a prior decision?

In some circumstances, a decision-making body can reconsider a prior decision provided a specific set of procedures are followed.

When is the zoning office open?

The office hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Walk-in permit issuing hours are 8:00 a.m. to 10:00 a.m. and 1:00 p.m. to 2:00 p.m. Other hours are available by appointment.

If I submit an application and it's not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

What is a double fee?

If a person starts a regulated activity under the municipality’s land development code without approval, the application fee for submitting an application is doubled.

Can I submit a petition to revise the text of the zoning code?

A person owning property that is subject to the town/county zoning code can submit an application to amend the text of the zoning code. The application will need to be very specific in terms of the requested change. The procedures and requirements are listed in Division 1 of Article 7 of the zoning code. For your convenience, we have posted some of this information on the "Procedures' tab under 'Zoning Code.'

Can I submit a petition to have the zoning classification of my property changed?

Yes. As the property owner you may submit an application to rezone your property. The procedures and requirements are listed in Division 1 of Article 5 of the zoning code. For your convenience, we have posted some of this information on the "Procedures' tab under 'Zoning Code.'

Is the state-imposed conversion fee considered an application fee?

No. The conversion fee is separate from an application fee for rezoning. If the rezoning request is not approved, the conversion fee will be refunded.

Are there special factors that must be considered when land is rezoned from A-1 to another zoning classification?

Yes. Under state law the county must consider four additional factors in determining whether the property should be rezoned. Those factors are listed in Sec. 23.7-___ of the zoning code. For your convenience, they are listed on the Procedures tab of this portal.

Can I present my project to the Planning and Zoning Committee on an informal basis prior to submitting an application?

No. The Planning and Zoning Committee cannot review concept plans. If you want feedback on a proposed project before submitting an application, you should meet with the zoning administrator who can give you his or her preliminary comments.

Where do I get a building permit?

Winnebago County does not issue building permits. Each town issues building permits. You should contact the building inspector for more information.

Where do I get an access (driveway) permit?

When accessing a state road, which are generally numbered (e.g., Highway 76), contact the Wisconsin Department of Transportation (DOT) at 920-___-___. For county roads, which are generally lettered (e.g., Highway GG), contact the Winnebago County Highway Department at 920-___-___. For town roads, which are generally named (e.g., Scenic View Road), contact the town clerk or building inspector for the town.

Why does it take so long for the municipality to act on some types of applications?

For some types of applications, it can take up to a month, and in some cases, longer for a decision to be made. Examples include conditional uses and variances. State law requires that certain types of public notice be given so that all parties who may be affected are notified and given the opportunity to provide input into the decision-making process. Given the importance of these types of decisions, we want to hear and consider all points of view so that the decision makers have the best available information so that the best decision can be made.

Can I subdivide my property?

The short answer is that property can be subdivided so long as the parcel or parcels being created meet the requirements of the subdivision regulations (chapter 18), the zoning code (chapter 23), and all other regulations that may apply. However, there may be instances where those land use regulations preclude the creation of new lots. Some land cannot be divided because the property is too small, the land does not have a source of potable water or a means of disposing of wastewater, or the land may be located in an area where new lots should not be created, for example in the floodway of a river. As a starting point, find out how big the parcel is and the minimum lot size for the zoning district in which it is located. In any event, be sure to contact the zoning administrator for more information. If the property is located in a residential subdivision, you should also review the covenants, if any, to see if there are any private restrictions.

What is a development agreement?

A development agreement is a contract between a developer and the municipality that describes the rights and responsibility of the parties with regard to a development project, like a subdivision, that has received preliminary or final approval. They can address a wide range of issues, including the installation of infrastructure needed to support the project and phasing if it's a large project. All development agreements are public records and can be viewed during normal office hours.

Can I contact one or more of the members serving on the Board of Appeals to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Board of Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

What types of projects require a zoning permit?

A zoning permit is needed when any structure is erected, relocated, or altered or when a new type of land use is established on a property. For example, fences, sheds, swimming pools, building additions, driveways, and decks all require a zoning permit. If you are unsure, please contact the zoning administrator at 111-222-3333.

What is a special exception?

There are various standards in the zoning code that specifically authorize the zoning administrator or the Planning and Zoning Committee to approve development that does not meet a dimensional requirement that generally applies in most situations. Special exceptions are reviewed on a case-by-case basis and must meet the requirements of the section of the zoning code authorizing the special exception. Division 8 of Article 8 of the zoning code describes the various procedures and requirements. To review some of the key requirements, go to 'Procedures' under 'Zoning Code.'

What is the tax key number and what is it used for?

A tax key number is an alpha-numeric code that the county assessor assigns to each parcel of land and is used for record keeping purposes. If you are filling out an application, you will need to know the tax key number of the subject property.

Where can I obtain my tax key number?

The tax key number can be found on the property tax statement for the property. You can also look on the County's online mapping system. Go to www._____.gov and click on 'GIS' from the menu on the left side. When the application opens, you can use the various tools to locate the property in question and then view the tax key number.

What boards and commissions are involved in planning and land use decisions?

There are several. The Planning & Zoning Committee is a committee of the Board of County Supervisors and is involved in reviewing most of the development applications. They are authorized to render a final decision in most situations; in the others, they make a recommendation to the Board of County Supervisors. The Board of Adjustment is the other entity involved in the review process. They primarily hear variance applications and administrative appeals. Article 4 of the zoning code (chapter 23 of the general code) contains a complete description of the functions of these entities.

If I don’t proceed right away following approval, is there a chance the approval may expire?

Yes. Most permits and other types of approval are valid for a certain amount of time. The time period is usually stated on the permit or other approval.

What happens if I don’t get a permit?

Not getting a permit can create serious problems for a property owner. Initially, we will send a violation notice to the property owner. If the work that has been completed and/or is contemplated meets all applicable requirements, the property owner must submit an application along with an application fee, which is twice the normal amount. If the completed work is not consistent with all applicable standards, the property must be brought into compliance. Article 14 of the zoning code addresses matters relating to enforcement .

If I live in a town that has its own zoning code (i.e., not under town/county zoning), why does the county need to review my project?

As required by state law, the county administers floodplain regulations and shoreland zoning in all unincorporated areas of the county. These are found in chapters 26 and 27 of the general code, respecitvely. If your property is located in a designated floodplain and/or within shoreland zone and you would like to undertake a project, contact the zoning administrator for Winnebago County. You will need approval from both the town and the county.

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Dimensional requirements

What is setback averaging?

Setback averaging is used to establish the required street yard and shore yard setbacks on a parcel when the actual setback of the same type of buildings on adjoining lots are less than the prescribed distance. Because setback averaging is only allowed in certain circumstance, you should contact the zoning administrator who can help you determine if averaging can be used on a particular property.

How high can I build?

The maximum height of a building is determined by the type of building and the zoning district in which the property is located. Most principal structures (e.g., home, business, etc,) have a maximum height limitation of 35 feet. Accessory buildings such as garages and storage sheds generally have a maximum height limitation of 18 feet. Boat houses however, have a maximum height limitation of 15 feet. See height measurement diagram at end of zoning ordinance to determine how height is measured.

How close can I build to a well or septic system?

A 5-foot setback is required from any structure to the exterior surface of a holding or treatment tank. A 15-foot setback is required from the drainfield of a septic system. Please contact the Wisconsin Department of Natural Resources or a licensed well driller for information regarding wells.

Who establishes the elevation of the ordinary high-water mark?

Upon request, an employee of the Wisconsin Department of Natural Resources, with the appropriate authorization, can establish the ordinary high-water mark on a property.

What is the ordinary high-water mark and how is it used?

By definition, the ordinary high-water mark is the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. As described in the zoning code, most buildings and other types of structures must be setback from the ordinary high-water mark a distance of 75 feet.

Is there a requirement regulating size the size of detached garages?

Yes. A detached garage may not exceed __ square feet in a residential zoning district. See Section __ of the zoning code for additional details.

How do I know where the property boundary lines for a property are located?

A legal description describes where a property is located, and metal rods, placed in the ground by a registered surveyor, identify certain points along the perimeter of the property. Locating property boundary lines can be a challenge though, especially for lots that have not been recently surveyed. Survey markers may not have ever been established, or if placed in the ground, they can be inadvertently removed or become buried. If you are not able to find one or more survey markers and need to know precisely where a boundary line is located, you will need to hire a registered surveyor.

Where can a utility shed be placed on my residential property?

Utility sheds may be placed in the side or rear yard, provided the exterior wall is not closer than 3 feet to the property boundary line.

Can a porch encroach into a building setback line?

An enclosed porch may not encroach into the front or side yard setback. An unenclosed porch may encroach but not more than 8 feet into the front yard and 3 feet into a side yard. See Sec. 23.8-65 in the zoning code for more information.

Can I build on a lot that is smaller than the minimum lot size?

Existing lots of record not meeting the minimum area may be built on as long as all setback requirements can be met.

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Environmental

How do I know if there are wetlands on a parcel of land?

Winnebago County has officially adopted wetland maps for the entire county. These maps can be viewed on the GIS website. Wetlands smaller than two acres are not mapped. The property owner may have to hire a private wetland delineator to map these wetlands on the property if there is a proposed activity or lot split which may encroach toward a wetland boundary.

Do I need any kind approval to cut down one or more trees on my property?

Certain limitations have been imposed on the cutting of woody shrubs and trees within the shoreland area (i.e., 75 feet of the ordinary high-water mark of a navigable waterbody). Outside of this area, there are no limitations on the removal of trees or other woody vegetation.

How close can I build to a wetland?

Buildings and most structures need to be set back at least 25 feet from a wetland.

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Fences

Do I need a permit for a swimming pool?

You must obtain a zoning permit prior to constructing an above-ground swimming pool. Any decks or fences associated with the pool also require permit approval prior to construction.

Can I build a fence?

As a general rule, most properties are able to have a fence. Fences are not allowed within 75 feet of the ordinary high-water mark of navigable waters. Article 8 of the zoning code contains fence regulations. The height of fences are regulated, along with where a fence may be located. A zoning permit is generally required. If you live in a residential subdivision, covenants may also restrict fences.

How far from the property line must a fence be placed?

As a general rule, a fence can be built up to, but not on, a property line. A fence may not be located in the shore setback area and a fence along a front property boundary line must be offset at least 2 feet. See Section 23.8.281 for more requirements.

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Floodplain

What is referred to as dryland access and when is it required?

When a new building, such as a house, is constructed in the floodplain, it must be served by a road that is above the base flood elevation. This requirement ensure that emergency response personnel are able to drive to the property during a 100-year storm event.

What is an elevation certificate?

An elevation certificate is a form that a surveyor or engineer completes on behalf of the property owner to verify the height of the first floor of a new building. It is submitted to the Planning and Zoning Department for review and approval. To view and download a digital copy, go to the 'Supplemental Forms' tab under 'Supplemental Information' and scroll down the list.

If I live in a town that has its own zoning code (i.e., not under town/county zoning), why does the county need to review my project?

As required by state law, the county administers floodplain regulations and shoreland zoning in all unincorporated areas of the county. These are found in chapters 26 and 27 of the general code, respecitvely. If your property is located in a designated floodplain and/or within shoreland zone and you would like to undertake a project, contact the zoning administrator for Winnebago County. You will need approval from both the town and the county.

Can I do normal maintenance on a nonconforming structure?

Yes. Normal maintenance of a nonconforming structure is allowed. Examples of such work includes painting and the replacement of doors and windows and other nonstructural components. If you are not sure whether the work you would like to do is classified as normal maintenance, contact the zoning administrator.

What does substantial damage mean and how is that phrase used?

If a structure is located in the floodplain and does not comply with applicable floodplain standards (i.e., its nonconforming), it cannot be rebuilt if destroyed if the total cost to restore the structure to its prior condition exceeds 50 percent of the structure's present equalized assessed value. Provisions relating to this rule are found in chapter 26 of the general code.

I've heard that as long as I leave one wall standing of a nonconforming building, I can rebuild it. Is that true?

If a building is located in the floodplain and does not conform to the floodplain standards (i.e., its nonconforming), the cost of reconstruction must be less than 50 percent of the equalized assessed value. This means that if 45 percent of the assessed value is 'used' in one year, the remaining available percentage is 5 percent. Once 50 percent is reached, no additional work may be done to improve the building.

Can I build a house in the 100-year floodplain?

The county's floodplain regulations allow the construction of a house in the floodplain, but only if the proposed location is in the floodfringe (not in the floodway). The building must meet certain standards as provided for in chapter 26 of the general code. The following are some of the key requirements:
1.    The lot must have what is called dryland access.
2.    The first floor of the building must be 2 feet or more above the base flood elevation.
3.    If the building has a crawl space or a basement, that floor elevation must not be less than the base flood elevation.
4.    15 feet of fill must be placed around the perimeter of the building that is at least one foot above the base flood elevation.

What is the base flood elevation and what is it used for?

The base flood elevation is the elevation that floodwaters would rise to during a 100-year flood. They are used as a reference point when constructing new buildings. For example, the first floor of a new building needs to be 2 feet or more above the base flood elevation. Base flood elevations are indicated on the flood insurance rate map for the area in question.

Do I need to buy flood insurance?

The county does not require a property owner to purchase flood insurance. Purchasing a flood insurance policy through the National Flood Insurance Program (NFIP) is voluntary, with one exception. When a property owner takes out a mortgage that will be sold on the secondary market, the lender is required to ensure the property owner has flood insurance if the property is located in the 100-year floodplain.

If my house complies with all of the floodplain development standards. Do I still need to buy flood insurance?

Compliance with the floodplain development standards does not remove a property or a buidling from the floodplain. If your mortgage underwriter requires flood insurance, then yes, you will need to comply. Please understand, the county does not require anyone to purchase flood insurance.

Does an attached garage need to comply with the standards relating to the first floor elevation and fill around the perimeter?

An attached garage is considered part of the building and must therefore comply with all applicable standards.

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Land divisions

Can I split my lot?

Land divisions must comply with the county's land division regulations (contained in chapter 18 of the general code), land division regulations that a town may adopt, and all applicable zoning requirements. Initally, you may want to determine if there is enough land to create additional lots based on the minimum lot size for the zoning district in which the property is located. Also consider access requirements and whether you will need to build a road to access the new lots. If you believe the land division is potentially feasible, you may want to work with a registered land surveyor or a land planning to fully evaluate the potential of subdividing your property. If you have any questions, be sure to contact the Planning Office at 920-236-4840.

What is a CSM?

CSM is the acronym for certified survey map. A CSM may be used to create new lots and to resurvey a particular parcel. The register of deeds office maintains all of the CSM that have been records with the county.

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Land use

What is the difference between a building and structure?

A structure is a broad term encompassing most manmade features or objects that occupy space on or below the ground surface. A building is therefore a type of structure. Definitions for structure and building can be found on the 'Definitions' tab under 'Zoning Code' or in Article 3 of the zoning code.

What are covenants and who enforces them?

Covenants or deed restrictions are limitations often imposed by the person creating a subdivision. As such, they are a private agreement by and between those parties who own property covered by the covenants. They are not enforced by the county or any other governmental entity that is not specifically mentioned as being a party to the restrictions. Those persons owning property covered by the covenants have the right to enforce covenants. In some instances, a property owner wishing to enforce the terms of a covenant may need to hire legal counsel to resolve covenant issues.

Do I need a permit for a swimming pool?

You must obtain a zoning permit prior to constructing an above-ground swimming pool. Any decks or fences associated with the pool also require permit approval prior to construction.

Can I build a garage?

A garage is generally only allowed on a lot if the principal structure (e.g., house) is present or under construction. Garages are limited in size by both the zoning district and size of the lot on which it is located. Both attached garages and detached garages combined are considered when determining the square footage allowed for the lot. In some situations, a garage may be located on a "garage lot" across the road from the residential lake lot when there is not enough room on the lake lot for a garage and a house.

How high can I build?

The maximum height of a building is determined by the type of building and the zoning district in which the property is located. Most principal structures (e.g., home, business, etc,) have a maximum height limitation of 35 feet. Accessory buildings such as garages and storage sheds generally have a maximum height limitation of 18 feet. Boat houses however, have a maximum height limitation of 15 feet. See height measurement diagram at end of zoning ordinance to determine how height is measured.

Can I have a dock?

Docks are generally structures located over navigable bodies of water and are regulated by the Wisconsin Department of Natural Resources. Please contact the Oshkosh DNR office at (920) 424-3050 for more information.

What is the difference between a principal building and an accessory building?

A principal building houses the principal land use of the lot on which it is located. An accessory building is subordinate in size and use to the principal use of the property. A house in a single-family zoning district, for example, is the principal building and a yard shed is an accessory building. Definitions for both of these terms are found in Article 3 of the zoning code and are posted on the "Definition' tab under 'Zoning Code.'

Can I have a camper on my property?

If a home is present on a property, then a camper is allowed to be parked on the same parcel as an accessory use to the property. This means that if you own a camper and enjoy taking it on vacations, you are allowed to keep the camper on your property provided it is not being used. It is not a vacation place for others to come and stay with you for the summer. It cannot be rented out while it sits on your property. Campers may not be placed on vacant parcels except for occasional use by the owner. "Occasional use" is defined as being on weekends, or a week for vacation purposes. At all other times, the unit shall be removed from the property.

What types of land uses are allowed on my property?

Article 8 of the zoning code establishes various land use districts and lists what land uses are allowed in each. You can view this information on the 'Land Use Matrix' tab under 'Zoning Code.' If you don't know the zoning classification for your property, you can view the zoning map that is posted on the 'Zoning Map' tab under 'Zoning Code.' To help answer this question, the Planning and Zoning Department is in the process of creating a web-based tool to help property owners easily determine what uses are allowed where.

Can I keep bees on my property?

Bee keeping is allowed as an agricultural use in the agricultural zoning districts. The keeping of bees is also allowed in some zoning districts as an accessory use. Please refer to the land use matrix in Article 8 of the zoning code to find out where bees may be kept as an accessory use.

How can I find out how a parcel of land is zoned?

A zoning map, adopted as part of the zoning code, shows where the various land use districts are located. A copy of the zoning map has been posted on the 'Zoning Map' tab under 'Zoning Code.' Once you open this PDF document, you can use the tools to zoom in and out and to move around the image.

Can I subdivide my property?

The short answer is that property can be subdivided so long as the parcel or parcels being created meet the requirements of the subdivision regulations (chapter 18), the zoning code (chapter 23), and all other regulations that may apply. However, there may be instances where those land use regulations preclude the creation of new lots. Some land cannot be divided because the property is too small, the land does not have a source of potable water or a means of disposing of wastewater, or the land may be located in an area where new lots should not be created, for example in the floodway of a river. As a starting point, find out how big the parcel is and the minimum lot size for the zoning district in which it is located. In any event, be sure to contact the zoning administrator for more information. If the property is located in a residential subdivision, you should also review the covenants, if any, to see if there are any private restrictions.

What is the shoreland zone?

The shoreland zone includes land within 1,000 feet of a lake, pond, or flowage and land within 300 feet of a navigable river or stream along with an adjoining floodplain if the floodplain extends more than 300 feet from such river or stream. Regulations relating to the shoreland zone are found in chapter 27 of the general code. To see if a property is located in the shoreland zone, go to the Winnebago County GIS web site.

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Neighbor issues

My neighbor's tree hangs over the fence into my yard. Is this a zoning issue?

No, this is not a zoning issue. Talk to your neighbor to see if the branches can be pruned or perhaps removed. Because this is a civil matter, you may want to consult an attorney to see if you have any legal recourse.

My neighbor and I disagree on the location of the boundary line of our properties. Is this a zoning issue?

No. This is not a zoning issue. Boundary disputes are personal legal matters and are not within the jurisdiction of the municipality, unless a municipal boundary is the issue. You may want to hire a registered land surveyor to examine the dispute. You may also want to seek the advice of an attorney.

How do I know where the property boundary lines for a property are located?

A legal description describes where a property is located, and metal rods, placed in the ground by a registered surveyor, identify certain points along the perimeter of the property. Locating property boundary lines can be a challenge though, especially for lots that have not been recently surveyed. Survey markers may not have ever been established, or if placed in the ground, they can be inadvertently removed or become buried. If you are not able to find one or more survey markers and need to know precisely where a boundary line is located, you will need to hire a registered surveyor.

If I submit a written complaint regarding an alleged zoning violation, does that complaint become a public record?

Yes. In most cases, a zoning complaint is a public record and may be released upon request to any person requesting a copy.

What is an easement?

An easement is generally a defined area on a parcel that gives another person the right to use that area for a specific purpose. For example, a driveway easement allows a property owner to establish a driveway on another person's property for his or her benefit.

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Nonconformities

If a dimensional variance is granted to allow the construction of a building, is such building then considered a nonconforming structure?

Yes. All rules and regulations that apply to nonconforming structures will apply.

If a nonconforming structure is destroyed by flood, tornado or fire, can it be rebuilt?

For more information see Section 23._-__ of the zoning code (Chapter 23 of the general code).

What if I have a nonconforming lot, structure, or use?

Please refer to Article 13 of the zoning code (Chapter 23 of the general code). There are various provisions that may or may not apply given the particular circumstances relating to your property.

Why should I register a nonconforming use?

Registering a nonconforming use gives the property owner assurance that the use is considered a nonconforming use and not a violation. The process and related requirements for registering a nonconforming use are found in Division 14 of Article 7 of the zoning code (Chapter 23 of the general code).

Can I do normal maintenance on a nonconforming structure?

Yes. Normal maintenance of a nonconforming structure is allowed. Examples of such work includes painting and the replacement of doors and windows and other nonstructural components. If you are not sure whether the work you would like to do is classified as normal maintenance, contact the zoning administrator.

Can I build on a lot that is smaller than the minimum lot size?

Existing lots of record not meeting the minimum area may be built on as long as all setback requirements can be met.

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Roads and driveways

Where do I get an access (driveway) permit?

When accessing a state road, which are generally numbered (e.g., Highway 76), contact the Wisconsin Department of Transportation (DOT) at 920-___-___. For county roads, which are generally lettered (e.g., Highway GG), contact the Winnebago County Highway Department at 920-___-___. For town roads, which are generally named (e.g., Scenic View Road), contact the town clerk or building inspector for the town.

What is an easement?

An easement is generally a defined area on a parcel that gives another person the right to use that area for a specific purpose. For example, a driveway easement allows a property owner to establish a driveway on another person's property for his or her benefit.

Where is the property boundary line in relation to the public road it abuts?

Public roads are generally located within a public right-of-way, but not always. Sometimes, the front property boundary line is in the middle of the road. In that instance, the road is situated within an easement. To make matters a little more confusing, a road can be in a right-of-way along certain properties and in an easement in other properties. If a parcel was created through the land division process, the subdivision plat or survey should indicate whether the public road is located within an easement or right-of-way.

What is the road right-of-way?

The public road right-of-way is generally a linear strip of land within which a public road and utilities may be located. A right-of-way may be dedicated to a governmental body (e.g., town, county, state) through the land division process or such body may purchase the land. If you want to know where a right-of-way is located on the ground, you should find points established by a registered surveyor. Sometimes you can find the corner markers placed in the ground. If not, hire a registered surveyor to re-establish such points. Do not simply assume that the middle of the road is the middle of the right-of-way.

Can I construct a new driveway?

An access permit is required when a new driveway accesses a state, county, or town road. If a proposed driveway is longer than 125 feet, you may also need to obtain an erosion control permit. Contact the zoning office at 920-236-4840 or the County land and water conservation department at 920-__-___ for more information.

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Sanitation

Can I install a holding tank rather than an on-site septic system?

No. A holding tank is NOT a system of choice in Winnebago County. Site restrictions such as poor soils, floodplain, or small lot size must be present for the installation of a holding tank to be approved.

What is required for septic system maintenance?

Maintenance and inspection is required for ALL septic systems in Winnebago County. The Zoning Office will send requests for pumping information three years from the last maintenance date on file. It is the property owner’s responsibility to read the letter completely and comply with the requirements. Holding tanks are pumped and inspected when full. Pumping/inspection reports are then filed in the zoning office by the licensed pumper.

Does Winnebago County regulate wells?

No. The Wisconsin Department of Natural Resources regulates the drilling of wells. If you have specific questions, call the DNR office in Oshkosh at 920-424-3050.

How close can I build to a well or septic system?

A 5-foot setback is required from any structure to the exterior surface of a holding or treatment tank. A 15-foot setback is required from the drainfield of a septic system. Please contact the Wisconsin Department of Natural Resources or a licensed well driller for information regarding wells.

What is a perc test?

A perc test is used to determine how quickly or slowly water percolates down into the subsurface area at the proposed site of an absorption field for a conventional septic system.

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Shoreland requirements

What is setback averaging?

Setback averaging is used to establish the required street yard and shore yard setbacks on a parcel when the actual setback of the same type of buildings on adjoining lots are less than the prescribed distance. Because setback averaging is only allowed in certain circumstance, you should contact the zoning administrator who can help you determine if averaging can be used on a particular property.

Who establishes the elevation of the ordinary high-water mark?

Upon request, an employee of the Wisconsin Department of Natural Resources, with the appropriate authorization, can establish the ordinary high-water mark on a property.

Once the elevation of the ordinary high water mark has been established for a property, does it apply to all properties on the same lake?

No. Many factors influence the elevation of an ordinary high water mark. Prevailing winds can cause the ordinary high water mark to be higher in elevation on some areas of a lake when compared to other areas that may be more sheltered from the effects of wind.

Do I need any kind approval to cut down one or more trees on my property?

Certain limitations have been imposed on the cutting of woody shrubs and trees within the shoreland area (i.e., 75 feet of the ordinary high-water mark of a navigable waterbody). Outside of this area, there are no limitations on the removal of trees or other woody vegetation.

Who do I talk to about shoreline issues such as restoration or erosion control?

The Land and Water Conservation office can assist county residents with issues relating to waterfront properties including native plantings, restoration activities, erosion control, and run-off problems. Please contact us at 920-___-____.

What is the ordinary high-water mark and how is it used?

By definition, the ordinary high-water mark is the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. As described in the zoning code, most buildings and other types of structures must be setback from the ordinary high-water mark a distance of 75 feet.

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Signs

Are there requirements regulating signs and do I need a permit?

Yes. Article 12 of the zoning code contains sign regulations. As more fully describe, some signs are exempt and do not require a permit. All other signs must get a permit before installation.

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Special exceptions

What is a special exception?

There are various standards in the zoning code that specifically authorize the zoning administrator or the Planning and Zoning Committee to approve development that does not meet a dimensional requirement that generally applies in most situations. Special exceptions are reviewed on a case-by-case basis and must meet the requirements of the section of the zoning code authorizing the special exception. Division 8 of Article 8 of the zoning code describes the various procedures and requirements. To review some of the key requirements, go to 'Procedures' under 'Zoning Code.'

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Uses of my land

How do I know if there are wetlands on a parcel of land?

Winnebago County has officially adopted wetland maps for the entire county. These maps can be viewed on the GIS website. Wetlands smaller than two acres are not mapped. The property owner may have to hire a private wetland delineator to map these wetlands on the property if there is a proposed activity or lot split which may encroach toward a wetland boundary.

Can a private use encroach into a public right-of-way?

A property owner can submit an application to encroach into a public road right-of-way. Requirements related to this are found in the municipal code.

What types of land uses are allowed on my property?

Article 8 of the zoning code establishes various land use districts and lists what land uses are allowed in each. You can view this information on the 'Land Use Matrix' tab under 'Zoning Code.' If you don't know the zoning classification for your property, you can view the zoning map that is posted on the 'Zoning Map' tab under 'Zoning Code.' To help answer this question, the Planning and Zoning Department is in the process of creating a web-based tool to help property owners easily determine what uses are allowed where.

Can I keep bees on my property?

Bee keeping is allowed as an agricultural use in the agricultural zoning districts. The keeping of bees is also allowed in some zoning districts as an accessory use. Please refer to the land use matrix in Article 8 of the zoning code to find out where bees may be kept as an accessory use.

What is an easement?

An easement is generally a defined area on a parcel that gives another person the right to use that area for a specific purpose. For example, a driveway easement allows a property owner to establish a driveway on another person's property for his or her benefit.

How can I find out how a parcel of land is zoned?

A zoning map, adopted as part of the zoning code, shows where the various land use districts are located. A copy of the zoning map has been posted on the 'Zoning Map' tab under 'Zoning Code.' Once you open this PDF document, you can use the tools to zoom in and out and to move around the image.

Can I subdivide my property?

The short answer is that property can be subdivided so long as the parcel or parcels being created meet the requirements of the subdivision regulations (chapter 18), the zoning code (chapter 23), and all other regulations that may apply. However, there may be instances where those land use regulations preclude the creation of new lots. Some land cannot be divided because the property is too small, the land does not have a source of potable water or a means of disposing of wastewater, or the land may be located in an area where new lots should not be created, for example in the floodway of a river. As a starting point, find out how big the parcel is and the minimum lot size for the zoning district in which it is located. In any event, be sure to contact the zoning administrator for more information. If the property is located in a residential subdivision, you should also review the covenants, if any, to see if there are any private restrictions.

What types of projects require a zoning permit?

A zoning permit is needed when any structure is erected, relocated, or altered or when a new type of land use is established on a property. For example, fences, sheds, swimming pools, building additions, driveways, and decks all require a zoning permit. If you are unsure, please contact the zoning administrator at 111-222-3333.

Can I have a guesthouse on my property? What about an in-law unit?

No. The zoning code does not allow either a guest house or an in-law unit.

Can I build on a lot that is smaller than the minimum lot size?

Existing lots of record not meeting the minimum area may be built on as long as all setback requirements can be met.

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Variances

If a dimensional variance is granted to allow the construction of a building, is such building then considered a nonconforming structure?

Yes. All rules and regulations that apply to nonconforming structures will apply.

What is a variance?

By definition, a variance is a grant of relief issued by the Board of Appeals that allows the property to be developed in a way that does not conform to one or more development standards or other requirement of the zoning code. The board must consider various criteria and determine that the variance application as submitted meets predefined factors. Division 9 of Article 8 of the zoning code describes the various procedures and requirements. To review some of the key requirements, go to 'Procedures' under 'Zoning Code.'

What happens to a variance when the property is sold?

Variances run with the land. This means that a variance will continue in effect as the property is transferred from one owner to the next. All terms and conditions of the variance remain unchanged.

The board of appeals just granted a variance similar to the one that I will be requesting. Can I assume my application will be approved as well?

Not necessarily. The board of appeals must apply a set of criteria based on the particular circumstances of the request. Because no two zoning cases are exactly the same, the outcomes may be quite different.

Can I contact one or more of the members serving on the Board of Appeals to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Board of Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

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Violations/enforcement

If I submit a written complaint regarding an alleged zoning violation, does that complaint become a public record?

Yes. In most cases, a zoning complaint is a public record and may be released upon request to any person requesting a copy.

What happens if I don’t get a permit?

Not getting a permit can create serious problems for a property owner. Initially, we will send a violation notice to the property owner. If the work that has been completed and/or is contemplated meets all applicable requirements, the property owner must submit an application along with an application fee, which is twice the normal amount. If the completed work is not consistent with all applicable standards, the property must be brought into compliance. Article 14 of the zoning code addresses matters relating to enforcement .

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Waterfront properties

Can I have a dock?

Docks are generally structures located over navigable bodies of water and are regulated by the Wisconsin Department of Natural Resources. Please contact the Oshkosh DNR office at (920) 424-3050 for more information.

Who establishes the elevation of the ordinary high-water mark?

Upon request, an employee of the Wisconsin Department of Natural Resources, with the appropriate authorization, can establish the ordinary high-water mark on a property.

Once the elevation of the ordinary high water mark has been established for a property, does it apply to all properties on the same lake?

No. Many factors influence the elevation of an ordinary high water mark. Prevailing winds can cause the ordinary high water mark to be higher in elevation on some areas of a lake when compared to other areas that may be more sheltered from the effects of wind.

Do I need any kind approval to cut down one or more trees on my property?

Certain limitations have been imposed on the cutting of woody shrubs and trees within the shoreland area (i.e., 75 feet of the ordinary high-water mark of a navigable waterbody). Outside of this area, there are no limitations on the removal of trees or other woody vegetation.

Who do I talk to about shoreline issues such as restoration or erosion control?

The Land and Water Conservation office can assist county residents with issues relating to waterfront properties including native plantings, restoration activities, erosion control, and run-off problems. Please contact us at 920-___-____.

Does the zoning code regulate lake rafts?

The zoning regulations do not address lake rafts. The Wisconsin Department of Natural Resources has jurisdiction over waterways.

What is the ordinary high-water mark and how is it used?

By definition, the ordinary high-water mark is the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. As described in the zoning code, most buildings and other types of structures must be setback from the ordinary high-water mark a distance of 75 feet.

Does the County issue permits for piers and other structures placed on the bed of a navigable waterbody?

The County does not issue permits for structures place water-ward of the shoreline. The Department of Natural Resources (DNR) regulates the placement of structures on the bed of a navigable water body. You should contact the local office of the DNR or go to the DNR's web site for more information.

What is the shoreland zone?

The shoreland zone includes land within 1,000 feet of a lake, pond, or flowage and land within 300 feet of a navigable river or stream along with an adjoining floodplain if the floodplain extends more than 300 feet from such river or stream. Regulations relating to the shoreland zone are found in chapter 27 of the general code. To see if a property is located in the shoreland zone, go to the Winnebago County GIS web site.

If I live in a town that has its own zoning code (i.e., not under town/county zoning), why does the county need to review my project?

As required by state law, the county administers floodplain regulations and shoreland zoning in all unincorporated areas of the county. These are found in chapters 26 and 27 of the general code, respecitvely. If your property is located in a designated floodplain and/or within shoreland zone and you would like to undertake a project, contact the zoning administrator for Winnebago County. You will need approval from both the town and the county.

Can I put a patio or sidewalk between my house and the lake?

It depends. Patios and sidewalks are considered structures and must meet shoreland zoning requirements. Please refer to chapter 27 of the general code for applicable requirements.

Can I build a boathouse?

A lot with frontage on a navigable water body can have one boathouse as an accessory use. The principal use (e.g., the house) must be present or under construction on the same lot as the boathouse. Boathouses are not allowed to be built waterward of the ordinary high-water mark.

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Zoning code map amendments

I understand the state of Wisconsin requires payment of a conversion fee when land is rezoned from A-1 to another zoning classification. How much is that conversion fee?

The conversion fee changes yearly and is different in each of the municipalities in the county. Each year, the Wisconsin Department of Revenue, Division of State and Local Finance, Bureau of Assessment Practices publishes a document that lists values for Grade 1 Land. The conversion fee is three times that amount for each acre rezoned. The conversion fee in 2010 for each of the towns under county zoning is shown below.

Algoma    $630
Clayton    $609
Neenah    $618
Nekimi    $624
Omro    $612
Oshkosh    $624
Winchester    $615

Source: 2010 Use Value Guidelines for Agricultural Assessment, Wisconsin Department of Revenue, Division of State and Local Finance, Bureau of Assessment Practices

Can I submit a petition to have the zoning classification of my property changed?

Yes. As the property owner you may submit an application to rezone your property. The procedures and requirements are listed in Division 1 of Article 5 of the zoning code. For your convenience, we have posted some of this information on the "Procedures' tab under 'Zoning Code.'

How will my property taxes change, if my property is rezoned?

Because the assessed value of a property is based on many factors, there is no simple answer. You may want to consult the town assessor for the town in which you live.

Has the county adopted an additional conversion fee for rezoning land from A-1 to another zoning classification?

Under state law, Winnebago County is authorized to increase the amount of the conversion fee to help pay for a local farmland preservation program. The Board of County Supervisors has considered the matter and decided to not impose a local conversion fee.

Is the state-imposed conversion fee considered an application fee?

No. The conversion fee is separate from an application fee for rezoning. If the rezoning request is not approved, the conversion fee will be refunded.

Are there special factors that must be considered when land is rezoned from A-1 to another zoning classification?

Yes. Under state law the county must consider four additional factors in determining whether the property should be rezoned. Those factors are listed in Sec. 23.7-___ of the zoning code. For your convenience, they are listed on the Procedures tab of this portal.

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Zoning code text amendments

Can I submit a petition to revise the text of the zoning code?

A person owning property that is subject to the town/county zoning code can submit an application to amend the text of the zoning code. The application will need to be very specific in terms of the requested change. The procedures and requirements are listed in Division 1 of Article 7 of the zoning code. For your convenience, we have posted some of this information on the "Procedures' tab under 'Zoning Code.'

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