ARTICLE A: INTRODUCTION
Sec. 13-1-1 Authority
The provisions of this Ordinance are adopted by the Town of Empire pursuant to the authority granted by Sections 60.62, 61.35 and 62.23(7), Wisconsin Statutes. The Board of Supervisors of the Town of Empire, Fond du Lac County, Wisconsin does Ordain as follows:
Sec. 13-1-2 Title
This Ordinance shall be known as, referred to or cited as the "Town of Empire Zoning Ordinance".
Sec. 13-1-3 Purpose and Intent
This Ordinance is adopted for the following purposes:
- To promote and protect the public health, safety, morals, comfort, convenience and general welfare;
- To minimize congestion in the public rights-of-way, promote safety from natural and man-made disasters, provide for adequate light and air, and avoid undue concentration of population;
- To facilitate the adequate, efficient and cost-effective provision of public services and facilities;
- To encourage the use of lands and natural resources in accordance with their character and adaptability by utilizing special land features, such as slope, topography, soils, vegetation, wetland areas and wildlife;
- To conserve the natural scenic beauty and attractiveness of the Town, and to enhance the aesthetic desirability of the environment;
- To divide the Town into districts within which the location , sizes and uses of buildings and minimum open spaces shall be regulated;
- To prohibit the use of buildings, structures and lands that are incompatible with the intended use or development of lands within the specified districts;
- To provide regulations pertaining to pre-existing lots, structures and uses that do not conform to provisions of this Ordinance;
- To provide for the compatible and appropriate use of land throughout the Town;
- To provide for the administration of this Ordinance and its amendments;
- To define the powers and duties of the officers and bodies charged to administer this Ordinance; and
- To describe penalties for the violation of provisions of this Ordinance or any of its amendments.
Sec. 13-1-4 Abrogation and Greater Restrictions
It is not intended by this Ordinance to repeal, abrogate, annul, impair or interfere with any existing private easements, covenants, deed restrictions or agreements, nor any ordinances, rules, regulations or permits previously adopted or issued pursuant to law except as provided in Sec. 13-1-7. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.
Sec. 13-1-5 Interpretation
In their interpretation and application, the provisions of this Ordinance shall be liberally construed in favor of the Town of Empire and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
Sec. 13-1-6 Severability
If any provision of this Ordinance held to be invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance that can be given effect without the invalid or unconstitutional provision or application.
Sec. 13-1-7 Amendment/Repeal
The Town of Empire Zoning Ordinance, adopted November 9, 1984 is amended by this enactment. All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed.
Sec. 13-1-8 Effective Date
This Ordinance shall take effect upon passage and adoption by the Town Board and the filing of proof of posting or publication in the Office of the Town Clerk.
Sec. 13-1-9 Reserved for Future Use