[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This chapter is adopted under the authority granted by §§ 61.35
and 62.23(7), Wis. Stats., and amendments thereto.
This chapter shall be known as, referred to and cited as the
"Zoning Code, Village of Fredonia, Wisconsin," and is hereinafter
referred to as the "Code" or "chapter."
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 Fredonia, Wisconsin.
The general intent and purpose of this chapter is 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; specifically,
regulate types of housing units to provide 75% single-family, 15%
two-family and 10% multifamily;
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 Fredonia:
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;
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 Fredonia;
Q.
Provide for the administration and enforcement of this chapter; and
provide penalties for the violation of this chapter.
It is not intended by the 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. The provisions of the
C-1 Conservancy District shall supersede all provisions of any other
municipal zoning district except where another municipal zoning district
is more restrictive, in accordance with § 61.351(4)(b),
Wis. Stats.
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 Fredonia.
B.
Where the conditions imposed by any provision of this chapter upon
the use of land or buildings or upon the dimensions 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.
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.
