Richfield Village Washington County
City Zoning Code
City Zoning Code
ARTICLE 1
General Provisions
§ 170.01 Title.
This chapter shall be known as "Zoning" and may be referred to herein as "this chapter."
§ 170.02 Authority.
This chapter is adopted under the authority granted under §§ 60.62, 61.35, and 62.23, Wis. Stats., as amended.
§ 170.03 Jurisdiction.
This chapter shall only apply to that land lying within the corporate limits of the Village of Richfield, Washington County, the boundary of which may change over time through annexations and detachments.[1]
[1]
Editorial Note: An annexation removes land from a town and adds it to a city or village. A detachment removes land from a city or Village and adds it to a town or to another city or village.
§ 170.04 Legislative findings.
A.
General findings. The Village Board makes the following legislative findings:
(1)
The Village Board adopted a Comprehensive Plan pursuant to § 66.1001, Wis. Stats., and has made various amendments since then.
(2)
This chapter is intended to be consistent with the overall intent of the Village's Comprehensive Plan, as may be amended.
B.
Other findings. Other legislative findings are included in various articles, divisions, and sections of this chapter as may be appropriate.
§ 170.05 Purpose.
A.
General purpose. This chapter promotes the public health, safety, and welfare and is intended to:
(1)
Implement the goals, objectives, and policies of the Village's Comprehensive Plan to the greatest extent practicable;
(2)
Encourage the most appropriate use of land throughout the Village;
(3)
Conserve the value of buildings (i.e., historic and otherwise);
(4)
Establish clear and consistent standards, regulations, and procedures for the review of proposed development as may be regulated by this chapter; and
(5)
Establish minimum standards for the use or development of land within the Village.
B.
Specific purposes. Consistent with § 62.23(7), Wis. Stats., this chapter is also intended to:
(1)
Secure safety from fire, panic, and other dangers;
(2)
Promote health and general welfare;
(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 requirements; and
(8)
Preserve burial sites, as defined in § 157.70(1)(b), Wis. Stats.
C.
Other purposes. Other purposes may be included in various articles, divisions, and sections as may be appropriate.
§ 170.06 Compliance.
A.
Generally. Except as specifically provided, the provisions of this chapter shall apply to all development within the Village of Richfield. No development shall be undertaken without the prior authorizations required by this chapter and other applicable rules and regulations of the Village of Richfield.
B.
Exception for a previously granted permit or other approval. If a permit or other approval has been previously granted and the authorized work, in whole or in part, is no longer allowed under the current zoning regulations, the holder of the permit is authorized to establish the use or undertake the authorized work within one year of the date of the approval. If the authorized work does not commence within that time period and continue in good faith to completion, such permit or other approval shall lapse and be null and void.
C.
Exception for the establishment of a use, structure, or building not requiring authorization. If prior to the adoption of this chapter, or amendment thereto, a lawful land use, structure, or building is actively being established that did not require a permit or other approval under the zoning regulations in effect at that time, said work may continue to completion even when such land use, structure, or building 1) now requires a permit or other authorization under this chapter; 2) is being developed contrary to this chapter; or 3) is otherwise prohibited under this chapter. If such work is not completed within six months of the establishment of this chapter, any work must thereafter conform to the requirements herein, unless extended by action of the Village Board.
§ 170.07 Liability.
The Village of Richfield and its officials, agencies, employees, agents, and assigns shall not be liable for any flood damage, sanitation problems, structural damage, or other damages or loss of property value that may occur as a result of reliance upon and conformance with this chapter.
§ 170.08 Severability.
A.
If any section, clause, provision, or portion of this chapter is determined to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected by such ruling.
B.
If any application of this chapter to a particular structure or parcel is determined to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not apply to any other structure or parcel not specifically included in the ruling.
§ 170.09 Relationship to other regulations.
In addition to meeting the requirements contained in this chapter, development shall comply with all applicable regulations of federal and state agencies. In all cases, the strictest of the applicable provisions shall apply.
§ 170.10 Relationship to private agreements.
This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any easement, covenant, deed restriction, or other private agreement governing land development. However, when this chapter imposes a greater restriction than the aforementioned, the provisions of this chapter shall apply.
§ 170.11 Additional local regulations.
A.
In addition to meeting the regulations contained in this chapter, development shall comply with all applicable regulations in the municipal code, including the following and any amendments thereto:
(1)
Chapter 119, Animal Waste Storage Facilities.
(2)
Chapter 135, Building Construction.
(3)
Chapter 143, Business Licenses and Permits.
(4)
Chapter 167, Erosion Control and Stormwater Management (groundwater protection).
(5)
Chapter 212, Impact Fees.
(6)
Chapter 234, Outdoor Lighting.
(7)
Chapter 248, Mobile/Manufactured Homes.
(8)
Chapter 286, Property Maintenance.
(9)
Chapter 309, Signs.
(10)
Chapter 330, Subdivision Regulations.
B.
In all cases, the strictest of the applicable provisions shall apply.
§ 170.12 No defense to nuisance action.
Compliance with the standards and requirements in this chapter shall not constitute an absolute defense to an action to abate a public or private nuisance.
§ 170.13 Applicability to public entities.
This chapter shall apply to all publicly owned land to the fullest extent allowed by state and federal law. When a public entity undertakes any development that is exempted by state or federal law from this chapter, in whole or in part, it is strongly encouraged to meet the provisions of this chapter.
§ 170.14 Relief from other provisions.
Nothing in these provisions shall relieve any person from satisfying any condition or requirement associated with a previous approval issued under this chapter, or any local, state, or federal law or requirement.
§ 170.15 Applicability to projects under purview of Public Service Commission.
This chapter shall apply to projects under the purview of the Wisconsin Public Service Commission (PSC) to the fullest extent allowed by state law.[1] The Plan Commission or the Village Board, or both, may submit a written request to the PSC outlining those standards and/or requirements of this chapter that the PSC should impose as conditions of project approval, if approval is to be granted.
[1]
Editorial Note: See § 196.491(3)(i), Wis. Stats., and also American Transmission Co., LLC v. Dane County, 2009 WI App. 126.
§ 170.16 Copyright protection.
This chapter contains images that are copyright protected and are denoted as such. All such images are used with permission of the copyright holder for the exclusive purposes of this chapter. Any images subject to copyright protection may be reproduced as part of this chapter and are subject to the Open Records Law of Wisconsin, but may not be used in other works without the permission of the copyright holder.