This Chapter shall be known, cited, and referred to as the VILLAGE OF WESTON ZONING ORDINANCE except as referred to herein, where it shall be known as “this Chapter”.

This Chapter is enacted pursuant to the authority granted by the State of Wisconsin Statutes. Specific statutory references are provided within the body of this Chapter solely as a means of assisting the reader. Such references are not to be considered as all inclusive, may not always be up to date, and shall in no manner be construed so as to limit the application or interpretation of this Chapter.

This Chapter is adopted for the following purposes:

1. Protecting the public health, safety, morals, comfort, convenience, and general welfare;
2. Implementing the Comprehensive Plan to the extent possible under zoning;
3. Controlling and lessening congestion in the streets;
4. Securing safety from fire, panic, and other dangers;
5. Promoting adequate light and air;
6. Encouraging the protection of natural resources;
7. Preventing the overcrowding of land and undue concentration of population;
8. Preserving and enhancing property values;
9. Facilitating adequate transportation, water, sewage disposal, parks, and other public facilities;
10. Promoting high quality and sustainable community design;
11. Managing growth and the impacts of land development; and
12. Preserving and enhancing community appearance and quality of life.

The provisions of this Chapter are separable in accordance with the following:

1. If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment.
2. If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Chapter to a particular property, water, building, or structure, such judgment shall not affect the application of said provision to any other property, water, building, or structure not specifically included in said judgment.
3. If any requirement or limitation attached to an authorization given under this Chapter is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization shall also be invalid.

It is not intended that this Chapter abrogate or interfere with any constitutionally protected vested right or abrogate, repeal, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law.

1. In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare, shall be liberally construed in favor of the Village, and shall not be construed to be a limitation or repeal of any other power now possessed by the Village.
2. Where property is affected by the regulations imposed under this Chapter and by other governmental regulations, the regulations that are more restrictive or that impose higher or greater requirements shall prevail. Where there are conflicts between regulations in this Chapter, the regulations that are more restrictive or that impose higher standards or requirements shall prevail.
3. Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building or part thereof, for which a building permit has been issued before March 18, 2015 and the construction of which shall have been started within one year from the date of such permit.
4. All plans approved under the predecessor zoning ordinance shall be valid and may be used to obtain a building permit for a period of not more than one year after the Village approval authority has provided approval, except where otherwise subject to developer's agreement provisions or approval conditions covering such matter. Where such period has elapsed without the issuance of a building permit, the previously approved plans are no longer valid and must be resubmitted for approval under this Chapter.
5. Except as provided under provisions for substandard lots, nonconforming uses, nonconforming structures, and nonconforming sites in Article 15, no building, structure, development, or premises shall be hereinafter used or occupied, and no permit granted that does not conform to this Chapter.
6. In cases of mixed-occupancy or mixed-use structures or land uses, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used.
7. No yard or other open space shall be considered as providing a yard or open space for a building or structure on any other lot, except for outlots specifically designated and legally restricted for that purpose.

This Chapter is applicable to all territory located within the corporate limits of the Village of Weston, and within the Extraterritorial Zoning Jurisdiction of the Village. Certain provisions are, where specifically indicated, not applicable within the Extraterritorial Zoning Jurisdiction or to certain land uses or development forms that are common in the Extraterritorial Zoning Jurisdiction. Articles 7 through 9 are not applicable within the Extraterritorial Zoning Jurisdiction, but similar rules administered by Marathon County are applicable there.

This Chapter became effective upon passage and posting according to law, on the date of repeal and re-enactment of this Chapter. The re-enactment of this Chapter shall not adversely affect the Village's right to prosecute any violation of the predecessor zoning ordinance, provided that the violation occurred while that predecessor ordinance was in effect.

Property owners may record deed restrictions, covenants, easements, declarations, and other similar restrictions on their property. The Village will not enforce any such recorded restriction, except it may enforce such restriction if at least one of the following conditions is present:

1. The restriction reflects a requirement in this Chapter, using the enforcement procedures in this Chapter.
2. The restriction specifically provides the Village with an enforcement role, and the Village Board had approved that role.