This chapter shall be known, cited and referred
to as the "Village of Maple Bluff Zoning Ordinance" except as referred
to herein, where it shall be known as "this chapter." This chapter
includes Village zoning regulations, land division regulations and
building and site planning regulations.
This chapter, being Chapter 225 of the Municipal Code, is enacted pursuant to the authority granted by the State of Wisconsin Statutes. Specific statutory references are provided within the body of this chapter solely as a means of assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be construed so as to limit the application or interpretation of this chapter.
In enacting this chapter, special attention
has been given to ensuring a direct relationship of these regulations
to the Village of Maple Bluff Comprehensive Plan. The general intent
of this chapter is to implement certain goals and objectives of the
Village Comprehensive Plan which are best addressed through zoning
approaches, as enabled by State of Wisconsin Statutes.
A.
The overall purpose of this chapter is to implement
the Village of Maple Bluff Comprehensive Plan to the extent possible
under zoning, as authorized by State of Wisconsin Statutes.
B.
This chapter is designed 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;
to facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; to lessen congestion
in the streets; and to secure safety from fire, panic and other dangers.
C.
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 Plan. Additional purposes of this chapter are specified
throughout this chapter.
D.
In developing the specific regulations of this chapter,
much effort has gone into balancing the goals and objectives of the
Comprehensive Plan. The current status of this chapter and its components
represents the cohesive result of a community planning process. Amendments
to these provisions shall seriously consider the effect of such changes
on the interrelationships which exist within this chapter and between
this document, the Comprehensive Plan, and related long-range planning
policies and programs.
A.
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:
(1)
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such judgment shall not
affect any other provisions of this chapter not specifically included
in said judgment.
(2)
If any court of competent jurisdiction shall adjudge
invalid the application of any portion of this chapter to a particular
property, water, building or other structure, such judgment shall
not affect the application of said provision to any other property,
building, or structure not specifically included in said judgment.
(3)
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.
B.
The Village 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 Village Board, its agencies, or employees for any
flood damages, sanitation problems, or structural damages that may
result from reliance on this chapter.[1]
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.
A.
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 Maple Bluff.
B.
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.
C.
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.
D.
Except as provided in this chapter under provisions
for nonconforming uses,[1] no building, structure, development or premises shall
be hereinafter used or occupied and no applicable permit granted that
does not conform to the requirements of this chapter.
[1]
Editor's Note: See Art. X, Nonconforming Uses,
Lots and Structures.
E.
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.
F.
Except for outlots authorized under the Village's
land division regulations[2] to contain permanently protected green space area, 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.
[2]
Editor's Note: See Art. XVI, Land Division
Regulations.
G.
The Village reserves the right to require professional
review of any project that would be affected by this chapter. Professional
review shall be requested at the discretion of the Village Administrator,
Building Board, Board of Appeals, Plan Commission or Village Board.
This chapter is applicable to all territory
located within the corporate limits of the Village of Maple Bluff.
The adoption of this chapter shall not adversely
affect the Village's right to prosecute any violation of the predecessor
Zoning Code, provided that the violation occurred while that code
was in effect.
Where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of buildings
or requires larger open spaces than are imposed or required by other
ordinances, rules, regulations, permits, easements, covenants or agreements,
the provisions of this chapter shall govern.
