New Auburn Village City Zoning Code
ARTICLE I
In General
§ 350-1 Authority.
This chapter is adopted under the authority granted by Wis. Stats., §§ 61.35, 62.23(7) and 87.30 and amendments thereto.
§ 350-2 Title.
This chapter shall be known as, referred to, and cited as the "Village of New Auburn Zoning Ordinance" and is hereinafter referred to as the "ordinance."
§ 350-3 Intent and purposes in view.
The general purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the people of the Village of New Auburn. The chapter's purposes include:
A.
To promote the public health, safety, comfort, prosperity, aesthetics, convenience, and general welfare of the citizens of the Village of New Auburn;
B.
To protect and conserve the natural resources of the Village by the most appropriate use of land;
C.
To protect and conserve the social character and economic stability, and preserve property values;
D.
To prevent the overcrowding of land and undue congestion of population;
E.
To provide adequate light, air, and convenient access to property by regulating the use of land and buildings and the bulk of structures in relationship to surrounding properties;
F.
To provide adequate and efficient public services such as roads, water and sewer, schools, and police and fire protection;
G.
To encourage the use of land and buildings which are compatible with nearby existing and planned land uses, and to prohibit and control land uses deemed incompatible with nearby land uses;
H.
To prevent harm to persons and property by flood, fire, explosion, toxic fumes, or other hazards;
I.
To protect the traffic-carrying capacity of existing and proposed arterial streets and highways;
J.
To regulate parking and loading so as to lessen congestion and promote the safety and efficiency of streets and highways;
K.
To 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, manufacturing, and other specified uses;
L.
To stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the Village;
M.
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;
N.
To implement those municipal, county, watershed, and regional comprehensive plans or components of such plans adopted by the Village of New Auburn;
O.
To provide for the administration and enforcement of this chapter and to provide penalties for the violation of this chapter; and
P.
To implement certain goals and objectives of the Village of New Auburn Comprehensive Plan, which are best addressed through zoning approaches, as enabled by Wisconsin Statutes.
§ 350-4 Relationship with other laws.
Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards of requirements) shall be enforced.
§ 350-5 Scope of regulations.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, converted, enlarged, constructed, moved or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located.
§ 350-6 Minimum requirements.
The provisions of this chapter shall be held to be the minimum requirements for carrying out the intent and purpose as defined in § 350-3.
§ 350-7 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, annul, impair, or interfere with any existing easements, covenants, deed restrictions, written agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
§ 350-8 Separability and nonliability.
It is hereby declared to be the intention of the Village that the several provisions of this chapter are separable, in accordance with the following:
A.
If any court of competent jurisdiction shall declare any provisions of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in such ruling.
B.
If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular property, building or other structure, such ruling shall not affect the application of such provision to any other property, building or structure not specifically included in such ruling.
C.
The Village does not guarantee, warrant, or represent that only those areas designated as floodlands 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.
§ 350-9 Comprehensive Plan adopted.
The Village has adopted, as though fully set forth in this chapter, that certain document entitled "Village of New Auburn 2022-2042 Comprehensive Plan" dated September 8, 2022, and as amended. A copy of the adopted plan is available in the office of the Village Clerk.