[Amended 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No. 1808(12)]
This chapter is adopted under the authority
granted by §§ 62.23, 62.231 and 281.31, Wis. Stats., and
the requirements of §§ 87.30 and 87.304, Wis. Stats., and
amendments thereto.
This chapter shall be known as, referred to,
and cited as the "Zoning Ordinance, City of Burlington, Wisconsin"
and is hereinafter referred to as "this chapter."
[Amended 11-9-2006 by Ord. No. 1808(12); 3-6-2012 by Ord. No. 1943(20)]
The purpose of this chapter is to promote the
comfort, health, safety, morals, prosperity, aesthetics, and general
welfare of the City of Burlington, Wisconsin.
It is the general intent of this chapter to
regulate and restrict the use of all structures, lands and waters
and to:
A.
Regulate lot coverage and the size and location of
all structures so as to prevent overcrowding and to provide adequate
sunlight, air, sanitation and drainage.
B.
Regulate population density and distribution so as
to avoid sprawl or undue concentration and to facilitate the provision
of adequate public service and utilities.
C.
Regulate parking, loading and access so as to lessen
congestion in and promote the safety and efficiency of streets and
highways.
D.
Secure safety from fire, flooding, pollution, contamination,
and other dangers.
E.
Stabilize and protect existing and potential property
values.
F.
Preserve and protect the beauty of the City of Burlington.
G.
Prevent and control erosion, sedimentation, and other
pollution of the surface and subsurface waters.
H.
Further the maintenance of safe and healthful water
conditions.
J.
Provide for and protect a variety of suitable commercial
and industrial sites.
K.
Protect the traffic-carrying capacity of existing
and proposed arterial streets and highways.
L.
Implement those municipal, county, watershed, and
regional comprehensive plans or components of such plans adopted by
the City of Burlington.
M.
Provide for the administration and enforcement of
this chapter and provide penalties for the violation of this chapter.
N.
Effect and accomplish the protection, enhancement,
preservation, perpetuation, and use of improvements, historic structures,
sites, and districts of special character or special architectural,
archaeological or historic interest or value which represent or reflect
elements of the City's cultural, social, economic, religious, political,
and architectural history as a public necessity as required in the
interest of the health, prosperity, safety, and welfare of the people.
[Added 10-5-1999 by Ord. No. 1607(11)]
O.
Obtain the wise use, conservation, development, and
protection of the City's water, wetland, woodland, and wildlife resources
according to their capabilities.
[Added 5-6-2003 by Ord. No. 1721(1)]
P.
Preserve shore growth and cover and promote the natural
beauty of the City.
[Added 5-6-2003 by Ord. No. 1721(1)]
Q.
Protect fish and animal life, including their spawning,
nesting, resting, nursing, and feeding areas.
[Added 5-6-2003 by Ord. No. 1721(1)]
It is not intended by this chapter to repeal,
abrogate, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, ordinances, rules, regulations,
or permits previously adopted or issued pursuant to law. However,
wherever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
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 Burlington.
[Amended 11-9-2006 by Ord. No. 1808(12)]
A.
If any section, clause, provision, or portion of this
chapter is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this chapter shall not be affected
thereby. If any application of this chapter to a particular structure,
land, or water is adjudged unconstitutional or invalid by a court
of competent jurisdiction, such judgment shall not be applicable to
any other structure, land, or water not specifically included in said
judgment.
