Village of Spencer, WI Article I Introduction

§ 480-1 Legislative authority. [1]

This chapter is adopted under the authority granted by §§ 61.35 and 62.23(7) of the Wisconsin Statutes and amendments thereto.

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

§ 480-2 Title.

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

§ 480-3 General 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 Spencer, Wisconsin.

§ 480-4 Intent and purposes.

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, business, manufacturing and other districts within the Village and to promote the orderly and beneficial development thereof;

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 Spencer;

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;[1]

[1] Editor's Note: Original Sec. 13-1-4(n), pertaining to floodland zoning, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 253, Floodplain Zoning.

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

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

P. Implement those municipal, county, watershed and regional Comprehensive Plans or components of such plans adopted by the Village of Spencer;

Q. Provide for the administration and enforcement of this chapter; and to provide penalties for the violation of this chapter.

§ 480-5 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.

§ 480-6 Interpretation.

A. 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 Spencer.

B. Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

C. No building, structure or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this chapter, said building structure or use remains unlawful hereunder.

§ 480-7 Severability.

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.[1]

[1] Editor's Note: Original Sec. 13-1-7(c), pertaining to floodland zoning, of the 1993 Code of Ordinances and which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 253, Floodplain Zoning.