Village of Dane, WI Article I General Provisions

§ 520-1 Statutory authority.

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

§ 520-2 Title.

This chapter shall be known as, referred to and cited as the "Zoning Code, Village of Dane, Wisconsin" and is hereinafter referred to as the "chapter."

§ 520-3 Purpose.

The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the Village of Dane, Wisconsin.

§ 520-4 Intent.

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

A. Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;

B. Divide the Village 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;

C. Protect the character and the stability of the residential, commercial, industrial and other districts within the Village and to promote the orderly and beneficial development thereof;[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. 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;

E. Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;

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

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

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

I. Preserve and protect the beauty of the Village of Dane;

J. Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

K. 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;

L. Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;

M. Further the maintenance of safe and healthful water conditions;

N. Prevent flood damage to persons and property and minimize expenditures for flood relief and flood-control projects;

O. Provide for and protect a variety of suitable commercial and industrial sites;

P. Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;

Q. Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Village of Dane;

R. Provide for the administration and enforcement of this chapter and provide penalties for the violation of this chapter.

§ 520-5 Abrogation and greater restrictions.

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

§ 520-6 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and 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 of Dane.

§ 520-7 Severability.

A. 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.

B. If any application of this chapter 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 said judgment.

§ 520-8 Applicability; compliance required; general restrictions.

A. Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Dane.

B. Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

C. District regulations to be compiled with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.[1]

[1] Editor's Note: Original Secs. 13-1-10(d), Yard reduction or joint use, and 13-1-10(e), One main building per residential lot, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.