This chapter is adopted under the authority granted by §§ 61.35, 62.23 and 87.30, Wis. Stats.
[Amended 7-6-2004 by Ord. No. 04-O-8]
The purpose of this chapter is to adopt minimum requirements to promote the health, safety, morals, prosperity, aesthetics and general welfare of the Village; to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures, and land for trade, industry, residence or other purposes; to discourage the victimization of unwary land and home buyers; and for said purposes to divide the Village into districts of such number, shape and area as are deemed best suited to carry out said purposes.
A. 
Existing covenants and restrictions to apply. It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
B. 
Special intent regarding development in commercial districts. This Board has concluded that among the purposes of this chapter is a desire to encourage development of the commercial district, but in so doing this Board recognizes that until further trends develop it is desirable and in the best interests of the Village and its inhabitants to refrain from overly rigid requirements.
(1) 
As an example, there are presently numerous residential properties within areas hereinafter designated commercial. It is desirable to permit these residential uses to be continued if in so doing orderly expansion of commercial enterprises is not inhibited or prevented. However, if the residential uses are desirable, then such uses should be entitled to reasonable extensions, repairs, alterations and restoration in order to provide some of the additional amenities desired by such users. It is also conceivable that a former commercial use within the commercial district should be changed to residential because the type of structure, location or changing business conditions might be such that a continued commercial use is not particularly feasible.
(2) 
This Board hereby finds and determines that for a limited number of people, and particularly among elderly people, living within a commercial area or in close proximity to a commercial area is as much of an amenity as an adequate lawn, a proper setback and other typical residential amenities. Also there is present vacant land within the commercial district where it may appear more feasible and logical to permit some residential development than to indefinitely restrict to commercial.
(3) 
The determination of these questions is uncertain because of the uncertainties of possible commercial development in a village of this size located near a metropolitan area like Madison.
(4) 
It is the further determination of this Board that the necessary control of these somewhat conflicting forces can be best accomplished through conditional uses passed upon each time by this Board.
(5) 
These facts, determinations and conclusions are included herein in order to show the intent of this Board to maintain reasonable and desirable control in this area without straightjacketing such desirable present uses under the rigid restrictions provided in § 62.23(7)(h), Wis. Stats., Nonconforming uses. Such flexibility also appears desirable in other areas, and for that reason this Board in developing this chapter has freely used the conditional use approach.
The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the Village and shall not be deemed a limitation or repeal of any power granted by the Wisconsin Statutes.
This chapter shall be known as, referred to, and cited as "Zoning Ordinance, Village of Black Earth, Wisconsin."
The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village of Black Earth.