This Chapter is adopted under the authority granted by Sections 62.23(7) and 87.30 of the Wisconsin Statutes and amendments thereto.

State Law Reference: Section 62.23(7), Wis. Stats.

This Chapter shall be known as, referred to and cited as the "Zoning Code, Village of Marshall, Wisconsin" and is hereinafter referred to as the "Code" or "Chapter."

The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the Village of Marshall, Wisconsin.

The general intent and purposes in view of this Chapter are to regulate and restrict the use of all structures, lands and waters and to:

1. Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;
2. Divide the Village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;
3. Protect the character and the stability of the residential, business, manufacturing and other districts within the Village and to promote the orderly and beneficial development thereof;
4. Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;
5. Regulate population density and distribution so as to avoid sprawl or undue concentration and to; facilitate the provision of adequate public services, utilities and other public requirements;
6. Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;
7. Secure safety from fire, panic, flooding, pollution, contamination and other dangers;
8. Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the Village;
9. Preserve and protect the beauty of the Village of Marshall;
10. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;
11. To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;
12. Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;
13. Further the maintenance of safe and healthful water conditions;
14. Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;
15. Provide for and protect a variety of suitable commercial and industrial sites;
16. Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;
17. Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Village of Marshall;
18. Provide for the administration and enforcement of this Chapter; and to provide penalties for the violation of this Chapter.

It is not the intention of this Chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this Chapter imposes greater restrictions, the provisions of this Chapter shall govern.

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements 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 Marshall.

1. If any section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
2. 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.
3. The Village does not guarantee, warrant or represent that only those areas designated as flood lands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village Board, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this Chapter.

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