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Merton Village City Zoning Code

ARTICLE I

Interpretation and Purposes

§ 250-1 Authority.

These regulations are adopted under the authority granted by §§ 61.35, 61.351, 62.23(7), 87.30, 281.31 and 281.33, Wis. Stats.

§ 250-2 Purpose.

The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of this community. Among other purposes, such provisions are intended to provide for, restrict, and govern the use of all structures, lands, and waters; to regulate and control the size and location of all structures, lot coverage, and population density; and to provide for the healthy and prosperous growth of the community. In addition, the floodland zoning regulations and wetland zoning regulations set forth in this chapter have been adopted to prevent and control erosion, sedimentation, and other pollution of surface waters; to further the maintenance of safe and healthful water conditions; to protect spawning grounds, fish and aquatic life; to prevent flood damage to persons and property; and to minimize expenditures for flood relief and flood control projects. To this end, it is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

§ 250-3 Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

§ 250-4 Interpretation.

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 deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

§ 250-5 Severability.

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.

§ 250-6 Warning and disclaimer of liability.

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 man-made 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 flooding and the associated flood damages. Nor shall this chapter create a liability on the part of, or a cause of action against, the Village of Merton or any office or employee thereof for any flood damages that may result from reliance on this chapter.

§ 250-7 Short title.

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