This chapter is adopted under the authority granted by §§ 61.35, 61.351, 62.23(7), 87.30, 144.26, and 236.45, Wis. Stats., and amendments thereto. The Village Board of the Village of Elm Grove does ordain as follows.
Editor's Note: Section 144.26 was renumbered as § 281.31 by 1995 Act 227, § 432.
This chapter shall be known as, referred to and cited as the "Zoning Ordinance, Village of Elm Grove, Wisconsin" and is hereinafter referred to as the "chapter."
The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the Village of Elm Grove, Wisconsin.
It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters and to:
Regulate lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;
Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities;
Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;
Secure safety from fire, flooding, pollution, contamination and other dangers;
Stabilize and protect existing and potential property values;
Preserve and protect the beauty of the Village of Elm Grove;
Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;
Prevent flood damages to persons and property;
Minimize expenditures for flood relief and flood control projects;
Further the maintenance of safe and healthful water conditions;
Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;
Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Village of Elm Grove;
Provide for the administration and enforcement of this chapter; and
Provide penalties for the violation of this chapter.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
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 Elm Grove.
The degree of flood protection provided by this chapter is believed to be reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. On unpredictable, but rare occasions, larger floods may occur or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings restricted by debris. Therefore, no part of this chapter is intended to imply that areas outside of the delineated floodplain or land uses permitted within the floodplain will be totally free from flooding and the associated flood damages. This chapter is not intended to create a liability on the part of or a cause of action against the Village of Elm Grove or any office or employee thereof for any flood damages that may result from reliance on this chapter.