Denmark Village City Zoning Code
ARTICLE I
Introduction
§ 315-1 Authority.
These regulations are adopted pursuant to the authorization contained in §§ 62.23, 87.30, 144.26[1] and 145.02, Wis. Stats., as amended. This chapter 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.
[1]
Editor's Note: See now § 281.31, Wis. Stats.
§ 315-2 Title.
This chapter shall be known, cited, and referred to as the "Village of Denmark Zoning Ordinance, Brown County, Wisconsin," except as referred to herein, where it shall be known as "this chapter."
§ 315-3 Jurisdiction.
Jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village of Denmark and such lands that may be added to the Village of Denmark in the future.
§ 315-4 Compliance.
The use or development of any land or water, a change or alteration in the use of land or water, and the use, change of use, alteration, construction, reconstruction, remodeling or expansion of any structure within the areas to be regulated by this chapter shall be in compliance with the terms of this chapter, and other applicable local, state, and federal regulations.
§ 315-5 Intent.
This chapter is intended to promote health, safety, morals and the general welfare of the Village of Denmark. The provisions hereof shall be liberally construed in favor of the Village and as minimum requirements for the purposes stated.
§ 315-6 Purpose.
This chapter is adopted for the following purposes:
A.
To promote land uses and development patterns that are consistent with the Village's Comprehensive Plan and of adopted neighborhood, corridor, special area plans, and other such Village-approved plans, as applicable.
B.
Regulate lot coverage in order to ensure the proper size, location and placement of all structures so as to prevent overcrowding, unsafe conditions, traffic congestion and environmental damage, and to provide for adequate sunlight, air, sanitation and stormwater drainage.
C.
Regulate population density and distribution so as to avoid undue population concentration in order to facilitate the provisions of transportation, water, sewerage, school, parks and other public requirements.
D.
Regulate vehicular parking, loading and access so as to lessen congestion on Village streets and highways, thereby promoting the safe and efficient movement of vehicles and the maintenance of the designed traffic carrying capacity of existing and proposed streets and highways.
E.
Secure safety from fire, flooding, panic and other dangers.
F.
Stabilize and protect existing and potential property values by conserving the value of buildings and encouraging the most appropriate use of land throughout the Village.
G.
Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters.
H.
Further the maintenance of safe and healthful water conditions.
I.
Further the appropriate use of land and conservation of natural resources.
J.
Facilitate the use of solar energy devices and other innovative energy techniques.
K.
Preserve and promote the beauty and historic nature of the Village.
L.
Protect life, health, property and public facilities from the detrimental effects of flooding.
M.
Provide for the administration and enforcement of this chapter and to provide penalties for its violation.
§ 315-7 Relationship to Comprehensive Plan.
The Village of Denmark Comprehensive Plan establishes the goals, objectives, and policies that provide the basis for this Zoning Code. All regulations or amendments adopted pursuant to this chapter shall be generally consistent with the Comprehensive Plan, as adopted and revised or updated.
§ 315-8 Abrogation.
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.
§ 315-9 Interpretation.
A.
This chapter should be interpreted as a permissive zoning ordinance. It permits only those uses and structures specifically enumerated in this chapter. Any uses or structures not specifically permitted by this chapter are prohibited.
B.
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 Denmark.
C.
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.
D.
No structure, land, water or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit, except structures not requiring a building or zoning permit, and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
E.
Nothing herein contained shall require any changes in plans, construction, size or designated use of any building or part thereof, for which a zoning or building permit has been issued before the effective date of this chapter and the construction of which shall have been started within six months from the date of such permit.
F.
Except as provided in this chapter, under provisions for nonconformities, no building, structure, development or premises shall be hereinafter used or occupied and no applicable permit granted, that does not comply with the requirements of this chapter.
§ 315-10 Zoning of annexed land.
Pursuant to § 66.0217(8), Wis. Stats., all property annexed to the Village of Denmark and previously not zoned under this chapter shall be designated TZ Transitional Zoning District until otherwise changed by amendment. Prior to the issuance of any permits for new construction, a permanent zoning district classification must be obtained pursuant to Article XIII, Changes and Amendments, of this chapter.
§ 315-11 Scope.
All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
A.
All new building sites shall meet the requirements of this chapter unless, prior to the effective date of this chapter, a building permit was issued and is still valid; and provided construction is begun within 90 days of such effective date and diligently prosecuted to completion, said building may be:
(1)
Completed in accordance with the approved plans on the basis of which the building permit has been issued.
(2)
May, upon completion, be occupied as approved in the building permit by the use for which it was originally designated.
B.
All principal structures shall be located on a lot, and only one principal residential structure shall be located, erected, or moved onto a lot except in the case of planned unit developments, multifamily developments and traditional residential developments.
C.
Where the Zoning Administrator has issued a zoning approval or permit pursuant to the provisions of this chapter, the approval shall become null and void unless work thereon is substantially underway within 12 months of the date of issuance of such approval.
D.
The following changes to an existing use shall not require the entire site to be brought into compliance:
(1)
Adding pedestrian, bicycle, and/or accessibility accommodations.
(2)
Providing new/additional refuse enclosure areas.
(3)
Resurfacing/reconstruction, maintenance of parking facilities where there is no change to layout, circulation or entrances.
(4)
Replacing dead/undesirable, or nonfunctioning landscaping with new or different trees or shrubs.
(5)
Elimination of parking stall to add landscaping, when administratively approved.
§ 315-12 Nonliability.
The degree of protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that compliance will result in freedom from damages nor shall this chapter create a liability on the part of or a cause of acting against the Village of Denmark or any officer or employee or duly designated representative for any damage that may result from reliance on this chapter.
§ 315-13 Severability.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be invalid.
§ 315-14 When effective.
This chapter shall become effective upon passage and posting according to law.