This chapter is adopted under the authority
granted by §§ 61.35, 61.351, 62.23(7), 87.30, 144.26,[1] and 236.45, Wis. Stats., and amendments thereto. The Village
Board of the Village of Elm Grove does ordain as follows.
[1]
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:
A.
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;
B.
Regulate population density and distribution so as
to avoid sprawl or undue concentration and to facilitate the provision
of adequate public service and utilities;
C.
Regulate parking, loading and access so as to lessen
congestion in and promote the safety and efficiency of streets and
highways;
D.
Secure safety from fire, flooding, pollution, contamination
and other dangers;
E.
Stabilize and protect existing and potential property
values;
F.
Preserve and protect the beauty of the Village of
Elm Grove;
G.
Prevent and control erosion, sedimentation and other
pollution of the surface and subsurface waters;
H.
Prevent flood damages to persons and property;
I.
Minimize expenditures for flood relief and flood control
projects;
J.
Further the maintenance of safe and healthful water
conditions;
K.
Protect the traffic-carrying capacity of existing
and proposed arterial streets and highways;
L.
Implement those municipal, county, watershed and regional
comprehensive plans or components of such plans adopted by the Village
of Elm Grove;
M.
Provide for the administration and enforcement of
this chapter; and
N.
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.
