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Bellevue Village City Zoning Code

PART 500

100 Introduction

§ 500-101 Title.

This chapter shall be known, cited and referred to as the "Zoning Ordinance, Village of Bellevue, Wisconsin," or "this chapter."

§ 500-102 Purpose.

This chapter is adopted for the following purposes:
A. 
To implement the comprehensive plan of the Village of Bellevue.
B. 
To promote and protect the health, safety, morals, comfort, convenience, and general welfare of the community.
C. 
To regulate lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate light, air, sanitation, and drainage.
D. 
To regulate population density and distribution so as to facilitate the provision of adequate public services and utilities.
E. 
To regulate parking, loading, and access in order to promote the safety and efficiency of streets and highways.
F. 
To secure safety from fire, flooding, pollution, contamination, and other dangers.
G. 
To stabilize and protect property values.
H. 
To preserve the natural scenic beauty of the Village and to enhance the aesthetic desirability of the environment.
I. 
To divide the Village into districts within which the location, sizes, and uses of buildings and open space shall be regulated.
J. 
To prohibit the use of buildings, structures, and lands that are incompatible with the intended use or development of lands within the specified districts.
K. 
To provide regulations pertaining to preexisting lots, structures, and uses that do not conform to provisions of this chapter.
L. 
To provide for the administration and enforcement of this chapter and to provide penalties for the violation of this chapter.

§ 500-103 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall not be construed to limit or repeal any other power now possessed by the Village of Bellevue.

§ 500-104 Application.

From and after the effective date of the adoption of this chapter, the use of all land and every building or portion of a building erected, altered, added to, or relocated and every use within a building or structure shall be in conformity with the provisions of this chapter.
A. 
Any existing building or structure and any existing use or properties not in conformity with the regulations of this chapter shall be regarded as nonconforming but may be continued, extended, or changed in compliance with the provisions of Part 500-400.
B. 
A nonconforming use in violation of the provisions of this chapter, which this chapter supersedes, shall not be validated by the adoption of this chapter unless it is in compliance in all respects.

§ 500-105 Abrogation and greater restrictions.

This chapter does not repeal, rescind, or otherwise negate any easement, covenant, ordinance, rule, or other regulation that is legally enforceable, provided that where the regulations of this chapter are either more or less restrictive than such easements, covenants, rules, or other agreements, the more restrictive standards or requirements shall prevail.

§ 500-106 Severability.

If any section, clause, provision, or portion of this chapter is judged invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. If any application of this chapter to a particular structure, land, or water is judged invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

§ 500-107 Repeal.

All ordinances or parts of ordinances in conflict with this zoning ordinance are hereby repealed to the extent necessary to give this chapter full force and effect. This chapter shall become effective on December 23, 2014.

§ 500-108 Establishment.

A. 
Base districts. For the purposes of this chapter, the Village of Bellevue is divided into the following base zoning districts:
(1) 
A-1 - Exclusive Agricultural District.
(2) 
A-2 - Agricultural Transition District.
(3) 
RR - Rural Residential District.[1]
[1]
Editor's Note: Former Subsection A(3), AG-FP, Agricultural Farmland Preservation District, was repealed 12-14-2016 by Ord. No. O-2016-16. This ordinance also renumbered former Subsection A(4) through (16) as Subsection A(3) through (15), respectively.
(4) 
R-1 - Single-Family Residential District.
(5) 
R-2 - Two-Family Residential District.
(6) 
R-3 - Multifamily Residential District.
(7) 
B-1 - Neighborhood Business District.
(8) 
B-2 - General Business District.
(9) 
B-3 - Intensive Business District.
(10) 
LI - Light Industrial District.
(11) 
HI - Heavy Industrial District.
(12) 
I-1 - Institutional District.
(13) 
C-1 - Conservancy District.
(14) 
P - Public Use District.
(15) 
TND - Traditional Neighborhood Development District.
B. 
Overlay districts. The following overlay districts are hereby established:
(1) 
Shoreland-Wetland Overlay District.
(2) 
Floodplain Overlay Districts (Floodway, Flood Fringe, and General Floodplain).
(3) 
Planned unit developments designated under Part 500-1400.

§ 500-109 District boundaries.

The location and boundaries of the districts established by this chapter are set forth on the Bellevue Zoning Map, which is hereby adopted by reference and declared to be a part of this chapter. Supplemental maps, such as the Designated Floodplain Maps, are also incorporated by reference.
A. 
Amendments to the Zoning Map may be made from time to time as provided for in Part 500-200 of this chapter. Such changes shall be made by the Community Development Director or his/her designee after the official adoption of the zoning amendment.

§ 500-110 Rules for interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys, rivers, streams, or other bodies of water shall be construed to follow such centerlines.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following established municipal limits and city borders shall be construed as following such lines.
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E. 
Where physical features, such as floodplains, are at variance with those shown on the Official Zoning Map or, in other circumstances, not covered by Subsections A through D above, the Community Development Director or his/her designee shall interpret the district boundary.

§ 500-111 Zoning of annexed land.

Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-2 - Agricultural Transition District unless the annexation ordinance temporarily places the land in another district. The Community Development Director or his/her designee shall evaluate and recommend a permanent classification to the Village Board. Annexations containing shorelands, wetlands, or floodplains shall comply with the provisions of the Floodplain Overlay Districts (Part 500-2100) or the Shoreland-Wetland Overlay District (Part 500-2200) of this chapter, as applicable.