(1)

Purpose of this Extraterritorial Zoning Article is to promote the public health, safety, morals and general welfare and to provide sound controls over land uses within the areas over which the governing body of the City of Elkhorn has jurisdiction pursuant to Section 62.23(7a), Wis. Stats. This purpose is consistent with the City of Elkhorn's current Zoning Chapter which provides a comprehensive plan for the orderly development of the City and its environs. This article and map for the area described under Section 17.16-2 of this article have been approved by the respective Joint Extraterritorial Zoning Committees of the Towns of La Fayette, Delavan and Geneva and all necessary public hearings have been held and approving actions taken by the Towns and City of Elkhorn.

(2)

The restrictions and requirements proposed by this article shall be deemed the minimum necessary to conserve the value of land and buildings and encourage the most appropriate use of land, to lessen congestion in the streets, secure safety from fire, panic and other dangers, promote health and general welfare, provide adequate light and air, prevent overcrowding of land, avoid undue concentration of population, and facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. Should this article be found in conflict with any state statute, local ordinance or regulation or any existing easement, covenant or agreement, or any permit previously issued pursuant to law applicable to the use of any land or structure in the area specified in Section 17.16-2, the more stringent law, ordinance, regulation, restriction or requirement shall govern.

(3)

The provisions of this article shall apply to all structures, land, water and air within the unincorporated extraterritorial boundaries described in Section 17.16-2 of this article. (Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

The City of Elkhorn hereby adopts and approves the boundaries as submitted by the respective Joint Extraterritorial Zoning Committees of the Towns of La Fayette, Delavan and Geneva and described in Exhibit "A," on file for public reference in the office of the City Clerk.

(2)

The legal description in Exhibit "A" is intended to and shall describe the area evidenced by the attached Extraterritorial Zoning Boundary Map which has been approved as to form and content by the Towns of La Fayette, Delavan, and Geneva. In the event of any mistake or scriveners error, said boundary map shall represent and control in describing the general exterior boundaries of the City of Elkhorn extraterritorial zoning area. However, in the event of any dispute, a court of competent jurisdiction determining whether an area is included within or excluded from the extraterritorial zoning area shall refer to Section 62.23(7a)(a), Wis. Stats., which requires all boundary lines to follow government lot or survey section or fractional section lines or public roads. The court shall also refer to the common law and the case law interpreting Section 62.23(7a)(a), Wis. Stats., and related provisions. (Ord. No. 14-05, §§ 1, 2, 2014.)

The use regulations and districts in the shorelands within the extraterritorial zoning boundaries of the City of Elkhorn shall be the same as stated in the Walworth County Shoreland Zoning Ordinance and in the nonshorelands shall be the same as in the Walworth County Zoning Ordinance. The following sections of the Walworth County Shoreland Zoning Ordinance with respect to shorelands and of the Walworth County Zoning Ordinance with respect to nonshorelands as amended are made a part of this article and are adopted by reference as it fully set forth herein:

Wherever these adopted sections refer to County Zoning Administrator or County Park and Planning Commission, the terms shall mean City Zoning Administrator and Common Council respectively. The fees referred to in the adopted sections shall be inapplicable, all fees to be governed by Section 17.14-6 of Elkhorn Zoning Ordinance No. 723, as amended from time to time, and Ordinance No. 853. All conditional uses shall be authorized by the by the Common Council after review and recommendation by the Joint Extraterritorial Zoning Committee. This section is not intended and shall not be construed to relinquish to Walworth County any authority to administer zoning within the City of Elkhorn's extraterritorial zoning boundaries and is intended to be specifically to the contrary. The city retains full zoning authority and responsibility granted to it pursuant to Section 62.23(7a), Wis. Stats., and further specifically states that preservation of existing use regulations and districts is adopted for the sole purpose of facilitating ease of administration and minimizing confusion. No section of the Walworth County Shoreland Zoning Ordinance or of the Walworth County Zoning Ordinance relating to authority or enforcement is adopted, nor are any other sections of said ordinance not relating to the specific use regulations and districts enumerated above adopted pursuant to this article.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

To insure consistent equitable and proper administration of extraterritorial zoning by the City of Elkhorn and to avoid changes in zoning restrictions on lands that are annexed to the City, the following sections of Chapter 17, relating to zoning are hereby made a part of this article and are adopted by reference as if fully set forth herein:

(2)

Wherever these adopted articles refer to the City Plan Commission said term shall mean the Joint Extraterritorial Zoning Committee.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

The City of Elkhorn and the respective Towns of La Fayette, Delavan and Geneva by the adoption of the ordinance codified in this chapter do not intend to effect any change in the Farmland Preservation Program adopted by Chapter 91, Wis. Stats. Adoption of the ordinance codified in this chapter is not intended to affect eligibility of current or future participants. The City hereby accepts responsibility for administrating the Farmland Preservation Program locally pursuant to Sections 62.23 and 91.73(l), Wis. Stats., in cooperation with the Walworth County Zoning and Planning Offices. The City hereby specifically adopts the exclusive agricultural zoning district areas contained within current versions of the Walworth County Zoning Ordinance and the Walworth County Shoreland Zoning Ordinance. Zoning certificates issued pursuant to Chapter 91, Wis. Stats., shall be henceforth issued by the City of Elkhorn Zoning Administrator or the Walworth County Zoning Administrator if pursuant to agreement between Walworth County and the City of Elkhorn.

(2)

The following regulations shall apply to lands zoned for exclusively agricultural use under the A-I Prime Agricultural Land District:

(a)

No structure or improvement may be built on the land unless consistent with agricultural uses.

(b)

Special exceptions and conditional uses may only be granted for those agricultural-related, religious, or other utility, institutional or governmental uses which do not conflict with agricultural use and are found to be necessary in light of the alternate locations available for such uses.

(c)

The City may approve petitions for rezoning areas zoned for exclusive agricultural use or for special exceptions or conditional uses in such areas only after findings are made based upon consideration of the following:

1.

Adequate public facilities to accommodate development either exist or will be provided within a reasonable time;

2.

Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide them;

3.

The land proposed for rezoning is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The official extraterritorial zoning map of the City of Elkhorn is an integral part of this article. The single official copy of this map titled "City of Elkhorn Extraterritorial Official Zoning Map" together with a copy of the ordinance codified in this chapter shall be kept at the office of the City Clerk and shall be available for public inspection during office hours. The map shall be certified by the City of Elkhorn Mayor and attested by the City Clerk. Any changes in zoning district boundaries shall be recorded on the map and the legal description of said changes filed with the City Clerk.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Intent; Purpose. The intent and purpose of this article is to exercise extraterritorial zoning power over a portion of the Town of Sugar Creek pursuant to § 62.23(7a), Wis. Stat. as set forth below:

(a)

The city's extraterritorial zoning jurisdiction shall be the unincorporated area of the Town of Sugar Creek within one and one-half miles from the corporate limits of the city and more specifically described in the map created pursuant to § 62.23(7a)(a), Wis. Stat. attached hereto as Exhibit A and incorporated herein by reference that is also attached to the city's resolution declaring its intention to prepare a comprehensive zoning ordinance for all or part of its extraterritorial zoning jurisdiction.

(b)

The existing zoning in areas subject to a general zoning ordinance under §§ 59.69, 60.61, or 60.62, Wis. Stat., and any existing uses not subject to a general zoning ordinance within the extraterritorial zoning jurisdiction, are hereby preserved while the comprehensive zoning plan is being prepared pursuant to § 62.23(7a)(b), Wis. Stat.

(c)

This article shall be in effect for 18 months after its enactment, except that the city council may extend this article for up to an additional year upon the recommendation of a joint extraterritorial zoning committee.

(d)

While this article is in effect, the city council may amend districts and regulations pursuant to § 62.23(7a), Wis. Stat.

(e)

The city shall provide for the enforcement and administration of this article. This includes that the city building inspector shall have the authority to review and approve all Town of Sugar Creek building permits in the extraterritorial zoning jurisdiction as to zoning prior to the issuance of such Town of Sugar Creek building permit. (Ord. No. 23-12, § 1, 10-16-2023)