These regulations are adopted under the authority granted by
§§ 62.23(7), 62.231, 87.30, and 144.26 of the Wisconsin
Statutes.
The purpose of this chapter is to promote the health, safety,
morals, prosperity, aesthetics, and general welfare of the City of
Oak Creek.
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 services and utilities;
(c) Regulate parking, loading and access so as to lessen congestion in
and promote the safety and efficiency of the streets and highways;
(d) Secure safety from fire, flooding, pollution, contamination, and
other dangers;
(e) Prevent flood damages to persons and property;
(f) Minimize expenditures for flood relief and flood control projects;
(g) Further the maintenance of safe and healthful water conditions;
(h) Protect the traffic-carrying capacity of existing and proposed arterial
streets and highways;
(i) Stabilize and protect existing and potential property values;
(j) Further the appropriate use of land and conservation of natural resources;
(k) Preserve and protect the beauty of the community;
(l) Facilitate the use of solar energy devices and other innovative sustainable
development techniques;
(m) Implement those municipal, county, watershed, and regional comprehensive
plans or plan components adopted by the City of Oak Creek; and
(n) Provide for the administration and enforcement of this chapter and
to provide penalties for its violation.
It is not intended by the provisions of 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 laws. Except as
otherwise provided in this chapter, 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 deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
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.
The degree of flood protection provided for by this chapter
is considered reasonable for regulatory purposes and is based on engineering
experience and scientific methods of study. On rare occasions, larger
floods may occur or the flood height may be increased by man-made
or natural causes such as ice jams or bridge openings restricted by
debris. Therefore, this chapter does not imply that areas outside
the delineated flood lands or uses permitted within the flood lands
will be totally free from flooding and the associated flood damages.
Nor shall this chapter create a liability on the part of, or a cause
of action against, the City of Oak Creek or any office or employee
thereof for any flood damages that may result from reliance on this
chapter.
This chapter shall be known as, referred to, or cited as the
"Zoning Chapter of the Municipal Code of Ordinances (Zoning Code),
City of Oak Creek, Milwaukee County Wisconsin."
The jurisdiction of this chapter shall include all lands and
waters within the corporate limits of the City of Oak Creek.
No building, structure, land, or water shall hereafter be used
or developed and no building, structure, or part thereof shall hereafter
be located, erected, moved, reconstructed, extended, enlarged, converted,
or structurally altered except in conformity with the regulations
herein specified for the district in which it is located; except that
in residence districts, a lot of record as of 12-1-1964, even though
not meeting the requirements of this chapter as to area and width,
may be used for single-family residence purposes.
Unless specifically exempted by law all cities, villages, towns,
counties, school districts, vocational school districts, the Milwaukee
Metropolitan Sewerage District, and other public entities are required
to comply with this chapter and obtain all required permits. State
agencies are required to comply if § 13.48(13) of the Wisconsin
Statutes applies. The construction, reconstruction, maintenance, and
repair of state highways and bridges by the Wisconsin Department of
Transportation are exempt from compliance when § 30.12(4)(a)
of the Wisconsin Statutes applies.