This chapter is adopted under the authority granted by §§ 60.62, 61.35, and 62.23(7), Wis. Stats.

The purpose of this chapter is to promote the public health, safety, prosperity, aesthetics, and general welfare of this community and to implement the Town of West Bend Comprehensive Plan, as adopted and amended from time to time.[1]

It is the general intent of this chapter to regulate and restrict the use of all structures, lands, and waters; regulate and restrict lot coverage, population distribution, and density; and regulate and restrict size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic, and other dangers; provide adequate light, air, sanitation, and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; facilitate the use of personal energy systems and other innovative development techniques; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and implement the community's Comprehensive Plan or plan components. To this end, it is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

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.

In their interpretation and application, the provisions of this chapter shall be considered minimum requirements. Where the provisions of this chapter impose greater restrictions than any statute, other regulation, ordinance, or covenant, the provisions of this chapter shall prevail, unless otherwise preempted. Where the provision of any statute, regulation, ordinance or covenant imposes greater restrictions than the provisions of this chapter, the provisions of such statute, other regulation, ordinance, or covenant shall prevail.

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.

All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

This chapter shall be known, referred to, or cited as "Chapter 325, Zoning Regulations, Town of West Bend, Wisconsin."

This chapter shall be effective after a public hearing, adoption by the Town of West Bend Board of Supervisors, and publication or posting as provided by law.