In enacting this chapter, special attention has been given to ensuring a direct relationship of these regulations to the Village of Belleville Comprehensive Master Plan. The intent of this chapter is to implement certain goals and objectives of the Comprehensive Master Plan which are best addressed through zoning approaches, as enabled by Wisconsin State Statutes.
(1)
Rationale. Throughout this chapter, paragraphs labeled Rationale are included to ensure a complete understanding of the purpose and reasoning of the Village in adopting that portion of this chapter. Each Rationale is intended as an official statement of the legislative findings or purposes and shall serve to guide the administrative and judicial interpretation of this chapter. The specific rationale expressed in each Rationale section is not intended to be exhaustive, and other nonexplicit rationale may also be applicable. These paragraphs have been legislatively adopted together with the more formal text of this chapter and shall be treated in the same manner as other aspects of legislative history.
(2)
Appearance of ordinance text. The underlined, boldfaced, italicized, alternative point-sized, and/or capitalized typefaces used in this chapter are inserted only for convenience, and are in no way to be construed as part of the provisions of this chapter or as a limitation on the scope of the sections or subsections to which they refer.
(1)
Generally. The overall purpose of this chapter is to implement the Village of Belleville Comprehensive Master Plan to the extent possible under zoning, as authorized by Wisconsin State Statutes.
(2)
Public purposes. This chapter is designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; 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; and to preserve burial sites as defined in Section 157.70(1), Wis. Stats. Specifically, this chapter is adopted for the purpose of protecting the public health, safety, morals, comfort, convenience and general welfare by implementing certain goals and objectives of the Comprehensive Master Plan. Additional purposes of this chapter are specified throughout this chapter.
(3)
Rationale. In developing the specific regulations of this chapter, much effort has gone into balancing the goals and objectives of the Comprehensive Master Plan. The status of this chapter and its components (including the Official Zoning Map) represent the cohesive result of carefully considered plan implementation practices. Amendments to these provisions and/or the Official Zoning Map shall seriously consider the effect of such changes on the interrelationships which exist within this chapter, and between this document, the Comprehensive Master Plan, and related long-range planning policies and programs.
(1)
It is hereby declared to be the intention of the Village Board that the several provisions of this chapter are separable in accordance with the following:
(a)
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgement shall not affect any other provisions of this chapter not specifically included in said judgement.
(b)
If any court of competent jurisdiction shall adjudge invalid the application of any portion of this chapter to a particular property, water, building, other structure, such judgement shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgement.
(c)
If any requirement or limitation which is attached to an authorization given under this chapter is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation.
(d)
The Village does not guarantee, warrant or represent that only those areas designated as flood lands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village Board, its agencies, or employees for any flood damages, sanitation problems, or structural damages.
It is not intended that this chapter abrogate or interfere with any constitutionally protected vested right. It is also not intended that this chapter abrogate, repeal, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law.
(1)
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare, and shall be liberally construed in favor of the Village and shall not be construed to be a limitation or repeal of any other power now possessed by the Village of Belleville.
(2)
Where property is affected by the regulations imposed by any provision of this chapter and by other governmental regulations, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. Regardless of any other provision of this chapter, no land shall be developed or used, and no structure erected or maintained in violation of any state or federal regulations.
(3)
No structure shall be constructed, erected, modified, converted, enlarged, reconstructed, altered, placed or maintained, and no land shall be used, modified, or maintained for any purpose nor in any manner which is not in conformity with the provisions of this chapter.
(4)
Except as provided in this chapter, under provisions for Nonconforming Uses (Section 16.141), Nonconforming Developments (Section 16.142), Substandard Lots (Section 16.031), and Nonconforming Structures and Buildings (Section 16.142), no building, structure, development or premises shall be used or occupied and no applicable permit granted that does not conform to the requirements of this chapter.
(5)
In cases of mixed-occupancy or mixed-use, the regulations for each land use shall apply to the portion of the structure or land so used, unless otherwise provided for in this chapter.
(6)
No yard or other open space shall be considered as providing a yard or open space for a building or structure on any other lot, except for out lots authorized under the Village's Land Division Regulations to contain permanently protected green space or conservancy area.
All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than one (1) year after the effective date of this chapter. This chapter shall become effective upon passage and posting according to law, following the date of repeal and re-enactment of the Official Zoning Map, which was April 6, 2026.