A.
Generally. In the interpretation and application of this chapter, all provisions shall be liberally construed in favor of the Village so the true intent and meaning of this chapter is carried out as set forth in § 170.05.
B.
Minimum requirements. The interpretation and application of any provision
of this chapter shall be held to be the minimum requirement adopted
for the promotion of the public health, safety, and general welfare
and not be deemed a limitation or repeal of any other power granted
by state statute.
In the event a question arises concerning any provision or the
application of any provision of this chapter, interpretations shall
be issued consistent with Article 5.
If a provision in this chapter states that an elected official,
department supervisor, or some other employee is to perform some act,
such individual may designate, delegate, or authorize a subordinate
to perform the act unless state law or the provision clearly specifies
otherwise.
More specific provisions of this chapter shall be followed in
lieu of more general provisions unless the context otherwise requires.
Additionally, the most restrictive provisions shall apply.
The Village may create and maintain a website to share the key
aspects of this chapter, including the Zoning Map, in an interactive
platform. If there is any discrepancy between such website and this
chapter, this chapter controls.
A.
Purpose. Graphics, illustrations, headings, references, statutory
citations, and editorial notes are included to improve the readability
of this chapter and increase reader comprehension. Specifically, graphics
and illustrations are included to help the reader visualize the meaning
of the text. Headings and subheadings generally state the content
of that section and are intended to help the reader quickly find information.
References are included when the section is related to a state or
local law or another section in this chapter. These are included to
help the reader understand the relationship among various provisions.
Editorial notes are included to supplement and/or further clarify
a sentence or provision but are not part of this chapter.
B.
Interpretation. A graphic, illustration, heading, reference, statutory
citation, or commentary note shall not govern, limit, modify, or in
any manner affect the scope, meaning, or intent of any provision.
C.
Effect of deficiency. Because the text controls, no provision shall
be held invalid by reason of any deficiency in any graphic, illustration,
heading, reference, statutory citation, or editorial note.
If a provision in this chapter references a specific state or
federal law, such reference shall be interpreted to mean the most
current version of the referenced section at the time the reference
is applied. If a referenced section is repealed and replaced by another
section with comparable subject matter, the replacement section shall
control. If a referenced section is repealed and not replaced, the
repealed section shall control if it is determined by the Village
Attorney that the Village has the authority to apply the repealed
language.
A.
Boundary line interpretations.
(1)
Interpretations regarding boundaries of zoning districts shall be
made in accordance with the following rules:
(a)
Political boundaries. Boundaries shown as following, or approximately
following, any political boundary shall be construed as following
such line.
(b)
Section lines. Boundaries shown as following, or approximately
following, a section line, half-section line, or quarter-section line
shall be construed as following such line.
(c)
Center lines. Boundaries shown as following, or approximately
following, any railroad, alley, road street, highway, or similar feature
shall be construed as following the center line of such feature.
(d)
Property lines. Boundaries shown as following, or approximately
following, any platted lot line or other property line shall be construed
as following such line. In the event adjoining property owners transfer
land as allowed by state law and both of the original lots were in
different zoning districts, the zoning district boundary line can
only be changed with a revision of the Zoning Map as set forth in
Article 5.
(e)
Natural boundaries. Boundaries shown as following, or approximately
following, any natural feature, such as a stream, river, other bodies
of water, or topographical features, such as a watershed boundary,
shall be construed as following such natural feature as verified by
field inspection when necessary.
(2)
In the event there is a question as to the location of a zoning district
boundary, the Plan Commission shall review such matter at a regular
or special meeting and render a decision.
B.
Street abandonment. In the event a public road, street, or alley
is officially vacated or abandoned, the zoning provisions applicable
to the land to which it reverted shall apply to such vacated or abandoned
road, street, or alley, unless otherwise provided by Village action.
In the construction of this chapter, the following shall be
observed, unless such construction would be inconsistent with the
text or with the manifest intent of this chapter:
A.
Gender. Words of the masculine gender include the feminine and neuter,
and vice versa.
B.
Singular and plural words. Words in the singular include the plural
and words in the plural include the singular.
C.
Tense. Words in the present tense include the past and future tense,
and the future tense includes the present tense.
D.
"Must," "shall" and "will." The words "must," "shall" and "will"
imply a mandatory condition.
E.
"May" or "should." The words "may" and "should" imply a permissive
condition.
F.
"Includes" or "including." The words "includes" or "including" shall
not limit a provision to the specific example(s) listed, but are intended
to extend their meaning to all other instances or circumstances of
like kind or character.
G.
"Such as." The phrase "such as" shall not limit a provision to the
specific example(s) listed, but is intended to extend its meaning
to all other instances or circumstances of like kind or character.
H.
Conjunctions. When used at the end of a series, the word "and" indicates
that all listed items apply. When the word "or" is used at the end
of a series, it indicates that one or more of the listed items apply.
When a time period is specified in this chapter, the first day
of the period shall be the first day after the event that triggered
the time clock to start. If the last day of the time period is a Saturday,
Sunday, or a legal holiday recognized by the State of Wisconsin, that
day shall be excluded and the time period shall be extended to the
next business day.
For the purpose of chapter, land uses that are permissible in
one or more of the zoning districts are described as set forth in
Appendix B.[1] For organizational purposes, similar land uses are grouped
together to form a series. The first 16 series are for principal land
uses, accessory land uses are found in Series 17, and temporary land
uses are found in Series 18.
A.
Words and phrases not defined. Unless specifically defined in this
section, words and phrases used in this chapter shall be interpreted
so as to give them the meaning they have in common usage and to give
this chapter its most reasonable application.
