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Omro City City Zoning Code

CHAPTER 17

04.- INTRODUCTORY PROVISIONS

Sec. 17.04.010.- Authority.

This title is adopted under the authority granted by Wis. Stats. §§ 62.23(7) and 87.30 and amendments thereto.

(Prior Code, § 13-1-1; Code 1998, § 17.04.010; Ord. No. 346, § 1(part), 1997)

Sec. 17.04.020. - Short title.

This title shall be known as, referred to and cited as the "zoning code, City of Omro, Wisconsin" and is hereinafter referred to as the "zoning code" or "this title."

(Prior Code, § 13-1-2; Code 1998, § 17.04.020; Ord. No. 346, § 1(part), 199)

Sec. 17.04.030. - Purpose.

The purpose of this title is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the city.

(Prior Code, § 13-1-3; Code 1998, § 17.04.030; Ord. No. 346, § 1(part), 1997)

Sec. 17.04.040. - Intent.

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

A.

Divide the city 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;

B.

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;

C.

Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;

D.

Secure safety from fire, panic, flooding, pollution, contamination and other dangers;

E.

Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the city;

F.

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;

G.

Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the city;

H.

Provide for the administration and enforcement of this title; and to provide penalties for the violation of this title.

(Prior Code, § 13-1-4; Code 1998, § 17.04.040; Ord. No. 346, § 1(part), 1997)

Sec. 17.04.050. - Abrogation and greater restrictions.

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

(Prior Code, § 13-1-5; Code 1998, § 17.04.050; Ord. No. 346, § 1(part), 1997)

Sec. 17.04.060. - Interpretation of title provisions.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now possessed by the city.

(Prior Code, § 13-1-6; Code 1998, § 17.04.060; Ord. No. 346, § 1(part), 1997)

Sec. 17.04.070. - Severability and nonliability.

A.

If any section, clause, provision or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby.

B.

If any application of this title 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 the judgment.

C.

The city does not guarantee, warrant or represent that only those areas designated as flood lands will be subject to periodic inundation and asserts that there is no liability on the part of the common council, its agencies or employees for any flood damages, or structural damages that may occur as a result of reliance upon and conformance with this title.

(Prior Code, § 13-1-7; Code 1998, § 17.04.070; Ord. No. 346, § 1(part), 1997)