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Chapter 12: Kenosha County general zoning and shoreland/floodplain zoning ordinance
Chapter 12 (June 2, 1992)

Introduction,   pp. 1-8 PDF (3.4 MB)


Page 5

It is not the intent of this ordinance, however, to repeal any
provisions in the County Floodland and Shoreland Sanitary
Ordinance (Chapter 13, Municipal Code of Kenosha County) as
created, amended or repealed and recreated or the Subdivision
Control Ordinance (Chapter 14, Municipal Code of Kenosha County)
as created, amended or repealed and recreated.       In case of
conflicts between this ordinance and any of the provisions of
the above ordinances or other adopted county ordinances, those
provisions providing for greater restrictions shall prevail.
12.02-5    PROJECTS IN PROGRESS
The provisions of this ordinance shall not apply to any con-
struction project for which a valid zoning permit has been
issued prior to the enactment of this ordinance, with the
provision, however, that construction, has substantially
commenced as defined in this ordinance, within six months after
the issuance of the permit and with the further provision,
however, that in the case of permits granted in the Shoreland-
Floodplain District that substantial construction is completed,
as defined in this ordinance, within 15 months after the
issuance of the permit.
12.02-6    ABROGATION
It is not intended by this ordinance to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed
restrictions, agreements, rules or permits previously adopted or
issued pursuant to law except as provided for in section 12.02-5
of this Ordinance. Nor is it the intent of this ordinance to
abrogate, impair or interfere with the legal rights of individu-
als as they may be guaranteed by the state and federal constitu-
tions, statutes, and administrative rules.      Claims for such
interference may be addressed through the administrative appeals
procedure provided for in section 12.35 of this ordinance.
12.02.7    LIBERAL CONSTRUCTION
In the interpretation and application of this Ordinance, the
provisions of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in favor of the
county and shall not be construed to be a limitation or repeal
of any other power granted by the Wisconsin Statutes, as may be
amended from time to time, or now possessed by Kenosha County.
12.02-8    SEVERABILITY AND NON-LIABILITY
(a)   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.
(b)   If any application of this ordinance to a particular
structure, land or water is adjudged unconstitutional or
invalid by a court of competent jurisdiction, such
judgment shall not be applicable to any other structure,
land or water not specifically included in said judgment.
(c)   The County does not guarantee, warrant or represent that
only those areas designated as floodlands will be subject
to periodic inundation or that those soils listed as being
unsuited for specific uses are the only unsuitable soils,
and hereby asserts that there is no liability on the part
of the Board of Supervisors, its agencies or employees for
any flood damage, sanitation problems, structural or other
damages that may occur as a result of reliance upon and
conformance with this ordinance.
12-5


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