(1)
Authority. This Ordinance is adopted pursuant to the authority granted by the Wisconsin Statutes but not limited to § 61.35, § 61.351, § 61.352, § 61.353, § 62.23 and § 87.30, Wis. Stats. Any mandatory amendments or repeals or recreations to state statues pertaining to the subject matter of this Ordinance are incorporated in this Ordinance as of the effective date of the amendment, repeal or recreation. The Village Board of Trustees of the Village of Somers, Wisconsin do ordain as follows:
(2)
Purpose.
(a)
It is the finding of the Village of Somers Board of Trustees that the regulation of land uses within the Village serves to promote the general welfare of its citizens, the quality of the environment, and the conservation of its resources.
(b)
The purpose of this Ordinance is to regulate and encourage the use of land, waters and structures in the Village in a planned and orderly manner so as to promote the public health, safety, morals, prosperity, aesthetics, comfort, convenience and general welfare of the citizens of the Village.
(3)
Intent.
(a)
By the enactment of this Ordinance, it is the intent and objective of the Village Board of Trustees pursuant to the authority cited in § ZN 1.01(1) of this Ordinance those areas falling within the jurisdiction of this to accomplish the following within:
1.
Regulate the use of all lands, buildings, structures and waters in the Village of Somers so as to determine, establish, regulate and restrict:
a.
The areas within which agriculture, forestry, industry, trades, business and recreation may be conducted;
b.
The areas in which residential uses may be regulated or prohibited;
c.
The areas in and along or in or along natural water courses, channels, streams and creeks in which trades or industries, filling or dumping, erection of structures and location of buildings may be prohibited or restricted.
2.
Designate certain areas, uses or purposes which may be subjected to special regulation.
3.
Determine, establish, regulate and restrict the location, set back, side yard, height, bulk, number of stories and size of buildings and other structures.
4.
Determine, establish, regulate and restrict 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.
5.
Determine, establish, regulate and restrict trailer camps or tourist camps and motels or both and mobile home parks.
6.
Regulate population density and distribution.
7.
Determine, establish, regulate and restrict the percentage of any parcel which may be occupied, size of yards, courts and other open spaces.
8.
Provide healthy surroundings for family life.
9.
Provide areas for peace and quiet, open space and privacy.
10.
Determine, establish, regulate and restrict the location of roads and schools.
11.
Insure adequate highway, utility, health, educational, recreational and other public facilities.
12.
Lessen congestion in and promote the safety and efficiency of streets and highways; regulate parking, loading and access for safety and efficiency purposes.
13.
Secure safety from fire, explosions, flooding, panic and other dangers.
14.
Provide adequate light, air, sanitation and drainage.
15.
Establish performance standards so as to guard against air and water pollution, unnecessary contamination, noises, vibrations and odors, and also glare, heat, fire, flooding, radiation, and other hazards and nuisances.
16.
Promote the efficient and economical use of public funds.
17.
Protect property values and the property tax base.
18.
Recognize the needs of agriculture, forestry, industry, business and recreation and future growth.
19.
Further the appropriate use of land and encourage uses of land and other natural resources which are in accordance with their character and adaptability.
20.
Prevent and control soil erosion, sedimentation and water pollution of the surface and subsurface waters.
21.
Further the maintenance of safe and healthful water conditions.
22.
Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.
23.
Preserve shore growth and cover and promote the natural beauty of the shoreland and floodplain areas.
24.
Protect fish and animal life including the spawning, resting, nesting, nursing and feeding areas.
25.
Implement those municipal, county, watershed, and regional comprehensive plans or components of such plans applicable to and adopted by the Village.
26.
Obtain the wise use, conservation, development and protection of the Village's water, soil, wetlands, woodlands, wildlife and other natural resources and attain a balance between land uses and the ability of the natural resource space to support and sustain such uses.
27.
Preserve natural growth and cover; promote, stabilize and protect the natural beauty and amenities of landscape and man-made developments within the Village and encourage the future aesthetic development of the Village.
28.
Preserve historical sites.
29.
Preserve neighborhoods, eliminate blight and protect life, health and property.
30.
Minimize expenditures of public funds for flood control projects.
31.
Minimize rescue and relief efforts undertaken at the expense of the taxpayers.
32.
Minimize business interruptions and other economic disruptions.
33.
Minimize damage to public facilities in the floodplain.
34.
Minimize the occurrence of future flood blight areas in the floodplain.
35.
Discourage the victimization of unwary land and homebuyers.
36.
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
37.
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(b)
To accomplish the above objectives, it is the further intent of the Village Board of Trustees in enacting this Ordinance to hereby:
1.
Contract with the Kenosha County Office Department of Planning and Development to assist in the administration of these Ordinances.
2.
Create, as part of this Ordinance, all of the necessary districts, maps, and staffing deemed necessary for achieving all of the objectives of this Ordinance.
3.
Delineate as clearly as possible those circumstances which when present will qualify as exceptions, to this Ordinance as well as those circumstances in which changes and amendments may be made to the Ordinance or variances granted.
4.
Delineate, without limitation due to enumeration, those aspects of zoning which are to be prohibited, such as use variances.
5.
Follow all due process requirements and procedures so as to safeguard the rights of individual landowners.
6.
Provide for the strict enforcement of this Ordinance.
7.
Establish a proper system for reviewing and appealing the actions of Village staff relative to land uses.
8.
This Ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR.
9.
Make available and distribute all maps, engineering data, and regulations in accordance with the provisions of Wis. Admin. Code § NR 116.20(5).
(4)
Title. This Ordinance shall be known as, referred to, and cited as the "VILLAGE OF SOMERS, WISCONSIN GENERAL ZONING-AND SHORELAND/FLOODPLAIN ZONING ORDINANCE" and hereinafter referred to as the "Ordinance".