SECTION 7.0100 INTRODUCTION
This ordinance is adopted under the authority granted by Section 61.35, 61.351, 62.23(7), 87.30, and 281.31 of the Wisconsin Statutes and amendments thereto.
This chapter shall be known and cited as the “Zoning Ordinance of the Village of River Hills” and is hereinafter referred to as the “Ordinance.”
It is determined by the Village Board:
- That the Village of River Hills is a community in the metropolitan area of Milwaukee County, in which substantially all of the land and real property has been or is being developed for private residential purposes by the owners thereof;
- That Sufficient Lands for industrial, manufacturing, and mercantile purposes, are now located in adjoining communities accessible to the residents of this Village in an amount sufficient for the needs of the entire community, including the Village and the inhabitants thereof;
- That at the Time of the Incorporation of the Village of River Hills, more than 90 percent of the land area of said Village had been subjected by deed restrictions to a limitation of not less than 5 acres for a homesite;
- That Since the Village of River Hills has no public water system, it is therefore necessary that public and private sewer systems be properly regulated and controlled, for the protection of the health of the community.
- That the Wishes of a great majority of the residents of the Village of River Hills for this type of protection have been evidenced by their conduct in subjecting their lands to deed restrictions, as hereinbefore referred to.
Based on the findings in Section 7.0103, the Village Board has determined to preserve the existing rural residential character of the Village and, in order to do so, has found it necessary and desirable to enact this Ordinance to promote the public health, welfare, morals, safety, aesthetics, interest, and general prosperity of the residents of the Village.
Based on the findings in Section 7.0103 and the purpose of the Ordinance stated in Section 7.0104, it is the general intent of this Ordinance to regulate and restrict the use of all structures, lands and water in the Village of River Hills, 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 undue concentration and to facilitate the provision of adequate public services and utilities;
- Regulate Street Access so as to lessen congestion, and promote the safety and efficiency of the streets and highways;
- Secure Safety from fire, flooding, panic, pollution, contamination, and other dangers;
- 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;
- Stabilize and Protect existing and potential property values;
- Further the Appropriate Use of land and conservation of natural resources;
- Preserve and Protect the beauty of the community;
- Implement those municipal, county, watershed, and regional comprehensive plans or plan components adopted by the Village;
- Provide for the Administration and enforcement of this Ordinance and to provide penalties for its violation.
7.0106 ABROGATION AND GREATER RESTRICTIONS
It is not intended by this Ordinance 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 laws. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.
In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
7.0109 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection provided for by this Ordinance is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. On 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, this Ordinance does not imply that areas outside the delineated floodlands or uses permitted within the floodlands will be totally free from flooding and the associated flood damages. Nor shall this Ordinance create a liability on the part of, or a cause of action against, the Village of River Hills or any office or employee thereof for any flood damages that may result from reliance on this Ordinance.
All other ordinances or parts of ordinances of the Village inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed.