This chapter is adopted under the authority granted by §§ 60.61 and 62.23(7), Wis. Stats., and amendments thereto.
This chapter shall be known as, referred to and cited as the "Zoning Code, Town of Cedarburg, Wisconsin" and is hereinafter referred to as the "Zoning Code" or "this chapter."
The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the Town of Cedarburg, Wisconsin.
The general intent and purposes in view of this chapter are to regulate and restrict the use of all structures, lands and waters and to:
A. 
General welfare. Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people.
B. 
Zones or districts. Divide the Town into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses.
C. 
Character and stability. Protect the character and the stability of the residential, business, manufacturing and other districts within the Town and to promote the orderly and beneficial development thereof.
D. 
Lot coverage. Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage.
E. 
Population density and distribution. Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements.
F. 
Parking, loading and access. Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways.
G. 
Safety from dangers. Secure safety from fire, panic, flooding, pollution, contamination and other dangers.
H. 
Property values. Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the Town.
I. 
Beauty. Preserve and protect the beauty of the Town of Cedarburg.
J. 
Prohibit incompatible uses. Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts.
K. 
Elimination of nonconforming uses. Provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.
L. 
Control erosion. Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters.
M. 
Water conditions. Further the maintenance of safe and healthful water conditions.
N. 
Flood damage. Prevent flood damage to persons and property and minimize expenditures for flood relief and flood-control projects.
O. 
Commercial and industrial sites. Provide for and protect a variety of suitable commercial and industrial sites.
P. 
Traffic-carrying capacity. Protect the traffic-carrying capacity of existing and proposed arterial streets and highways.
Q. 
Implement comprehensive plans. Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Town of Cedarburg.
R. 
Provide for administration, enforcement and penalties. Provide for the administration and enforcement of this chapter and to provide penalties for the violation of this chapter.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever 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 minimum requirements and shall be liberally construed in favor of the Town and shall not be construed to be a limitation or repeal of any other power now possessed by the Town of Cedarburg.
A. 
Severability. 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.
B. 
Not applicable to others. 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.
C. 
Nonliability. The Town does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Town Board, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.
D. 
Repeal. All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this chapter, to the extent of the inconsistency or conflict only, are hereby repealed.