Mishicot City Zoning Code
ARTICLE I
Title, Authority and General Provisions.
§ 395-1 Title.
This chapter shall be known as the "Mishicot Village Zoning Ordinance," hereinafter referred to as "this chapter."
§ 395-2 Authority.
§ 395-3 Effective date.
This chapter and any amendments thereto shall be effective following adoption by the Village of Mishicot Board of Trustees pursuant to § 62.23, Wis. Stats.
§ 395-4 Contents.
This chapter consists of two distinct but inseparable and integrated parts: written text and the Zoning Map. The written text and Zoning Map taken together constitute this chapter and, therefore, shall at all times be considered as interrelated and inseparable parts of a whole. In addition, other maps and materials referenced in the text are used to support this chapter.
§ 395-5 Purpose and intent.
The purposes and intent of this chapter include:
A.
To promote and protect the health, safety, morals and general welfare of the Village of Mishicot.
B.
To regulate and restrict the erection, construction, reconstruction, alteration or use of buildings, structures or land in the Village of Mishicot according to their specific purposes and characteristics.
D.
To establish, regulate and restrict the uses of buildings, structures and land by dividing the Village of Mishicot into districts of such number, shape and area as deemed best suited to carry out the purposes of this chapter.
E.
To provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and community facilities and insure adequate standards of construction and planning.
F.
To provide, administer and enforce regulations designed to:
(1)
Lessen congestion in the streets;
(2)
Secure safety from fire, flooding, pollution, contamination, panic, and other dangers;
(3)
Provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems;
(4)
Encourage the protection of groundwater resources;
(5)
Prevent the overcrowding of land;
(6)
Avoid undue concentration of population;
(7)
Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public services in an economical and efficient manner; and
(8)
Protect and preserve community resources such as farmland, woodlands, groundwater, surface water, historic and cultural resources, and burial sites.
G.
To create a Board of Appeals and defining and limiting the powers and duties of said Board.
H.
To provide the means for enforcing this chapter and prescribe penalties for the violation of the provisions thereof.
I.
To promote planned and orderly land use development in accordance with the Village Comprehensive Plan.
J.
To separate incompatible land uses and foster a more rational pattern of relationship between land uses for the mutual benefit of all.
K.
To protect property values, tax base and public and private investments.
§ 395-6 Jurisdiction and compliance.
A.
Jurisdiction. This chapter, unless otherwise provided herein, shall be administered and be in force on all lands within the corporate limits of the Village of Mishicot.
B.
Compliance.
(1)
Unless otherwise provided by this chapter, after the effective date of this chapter, no land or water shall hereafter be used and no structure or part thereof shall hereafter be used, located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without full compliance with the provisions of this chapter.
(2)
Unless specifically exempted by law, all cities, villages, towns, counties and states are required to comply with this chapter and obtain all necessary permits in areas under the jurisdiction of this chapter.
§ 395-7 Abrogation and greater restrictions.
A.
The previous Mishicot Village Zoning Ordinance, originally adopted October 5, 1965, is hereby repealed on the date in which this chapter becomes effective.
B.
The regulations of this chapter shall be construed as being supplementary to the regulations imposed on the same lands by the following chapters of the Code of the Village of Mishicot:
C.
It is not the intent of this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, codes, rules, regulations, or permits previously adopted or issued pursuant to law. However, when the regulations of this chapter conflict with other applicable ordinance or code provisions, the most restrictive combination of such regulations shall control.
D.
The Village of Mishicot shall not enforce any easement, covenant, deed restriction, or agreement to which it is not a party. Enforcement of any such covenant, deed, easement, or restriction via the Village's zoning authority would constitute an impermissible delegation of the Village's authority and power.
§ 395-8 Interpretation.
In the 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 Wisconsin Statutes.
§ 395-9 Severability.
If any section, paragraph, 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.