This code is adopted under the authority granted to the City
of Muskego by §§ 62.23, 62.231, 62.234 and 281.31,
Wis. Stats., and amendments thereto and any other applicable laws
or regulations.
This code shall be known as, referred to, or cited as "Zoning
Code, City of Muskego, Wisconsin."
The purpose of this code is to promote the health, safety, morals,
prosperity, aesthetics, and general welfare of the City of Muskego,
Wisconsin. Among other purposes, such provisions are intended, in
accordance with a comprehensive plan, to lessen congestion in the
streets; to secure safety from fire, panic and other dangers; to promote
health and general welfare; to provide adequate light, air and solar
access; to prevent the overcrowding of land; to avoid undue concentration
of population; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. These
regulations are made with reasonable consideration, among other things,
of the character of the districts and their peculiar suitability for
particular uses, and with a view of conserving the value of buildings
and encouraging the most appropriate use of land throughout the City.
It is not intended for this code to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, codes, ordinances, rules, regulations, or
permits previously adopted or issued pursuant to law. However, where
this code imposes greater restrictions, the provisions of this code
shall govern.
In their interpretation and application, the provisions of this
code shall be held to be a minimum requirement and shall be liberally
construed in favor of the City and shall not be deemed a repeal of
any other power granted by the Wisconsin Statutes.
A.
Severability.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this chapter
shall not be affected.
B.
Wetlands,
drainageways, and soils. The City of Muskego does not guarantee, warrant,
or represent that only those areas delineated as wetlands or drainageways
from tests and/or mapping required by this code will be subject to
periodic inundation, nor does the City of Muskego guarantee, warrant,
or represent that the soils shown to be unsuited for a given land
use from tests and/or mapping required by this code are the only unsuited
soils within the jurisdiction of this code. The City hereby asserts
that there is no liability on the part of the City of Muskego, Common
Council, Plan Commission, its agents, contractors, and employees for
flooding problems or structural damages that may occur as a result
of reliance upon, and conformance with, this code.
Unless specifically exempted by law, all cities, villages, towns
and counties are required to comply with this code and obtain all
necessary permits.
