This chapter is adopted under the authority granted by Wis. Stats. §§ 62.23(7), 62.231, 62.2345, 87.30, and 144.26 and amendments thereto.

This chapter shall be known and may be cited as the "Zoning Ordinance of the City of Cedarburg, Wisconsin" and is hereinafter referred to as the "ordinance" or "chapter."

The purpose of this Zoning Ordinance is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the City of Cedarburg, Wisconsin, and its residents.

It is the general intent of this Zoning Ordinance to regulate and restrict the use of all structures, lands, and waters with a view to conserving the value of buildings and encouraging the most appropriate use of land. Such regulations shall be made in accordance with a comprehensive plan and shall be designed to regulate lot coverage, size, and location; population density and distribution; parking, loading, and access and uses of land, structures, and water in order to:

(a)

Prevent and eliminate overcrowding of land and undue concentration of population.

(b)

Provide adequate sunlight and air.

(c)

Facilitate the adequate provision of transportation, water, sewerage, drainage, schools, parks, and other public services.

(d)

Lessen congestion in the streets and promote safe and efficient use of streets and highways.

(e)

Secure safety from fire, panic, flooding, pollution, contamination, and other hazards.

(f)

Stabilize and protect property values.

(g)

Preserve the beauty of the City of Cedarburg.

(h)

Provide for a variety of suitable commercial and industrial sites.

(i)

Prevent and control erosion, sedimentation, and pollution of the surface and subsurface waters.

(j)

Prevent flood damage to persons and property and minimize the costs of flood relief and flood control projects.

(k)

Aid in the implementation of municipal, county, watershed, and regional comprehensive plans, or components of such plans, adopted by the City of Cedarburg.

(l)

Maintain safe and healthful water conditions.

(m)

Provide for the administration and enforcement of this chapter and provide penalties for the violation of this chapter.

The interpretation and application of this chapter shall be as follows:

(a)

Construction. This chapter shall be liberally construed in favor of the City of Cedarburg and shall not be deemed a limitation on any power possessed by the City of Cedarburg.

(b)

Administrative standards. This chapter shall be considered minimum requirements adopted for the purposes set forth above. Whenever in the course of administration and enforcement of this chapter it is necessary or desirable to make any administrative decision, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter or injurious to the surrounding neighborhood, unless other standards are expressly provided in this ordinance.

(c)

Conflict with other laws. Whenever the regulations in this chapter are either more or less restrictive than regulations or restrictions imposed by statute, other ordinances of the City of Cedarburg or other regulations, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(d)

Application. No structure shall be constructed, erected, placed, or maintained and no land or water use commenced or continued within the City of Cedarburg, except as specifically or by necessary implication, authorized by this chapter.

All other ordinances or parts of ordinances of the city inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

The degree of flood protection provided by the 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 manmade or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this chapter does not imply that areas outside of the delineated floodplain or land uses permitted within the floodplain will be totally free from flood and associated flood damages. Nor shall this chapter create a liability on the part of or a cause of action against the City of Cedarburg or any office or employee thereof for any flood damages that may result from reliance on this chapter.

If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or 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 adjudged unconstitutional or 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.

Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when Wis. Stats. § 30.12(4)(a) applies.