This article promotes the public health, safety, and welfare and is intended to:

(1)

Provide efficient and timely review of applications and ensure fairness and due process;

(2)

Ensure that applications are reviewed consistently by establishing criteria in making recommendations and final decisions; and

(3)

Ensure complete and timely compliance.

(Ord. of 12-17-2012, § 48-300)

Submission of an application as required in this chapter authorizes officials and employees of the village, or other designated agents to enter the subject property to verify information in the application and to conduct other site investigations as may be necessary to review the application. This does not authorize any individual to enter any building on the subject property in the absence of the property owner or his authorized agent. Failure to allow access to the subject property shall be sufficient grounds to deny the application.

(Ord. of 12-17-2012, § 48-301)

The village may revoke, suspend, or reconsider any permit or other authorization if it determines that the information in the application or otherwise provided by the applicant or the applicant's agent is false or inaccurate, and that the misrepresentation materially altered the final outcome.

(Ord. of 12-17-2012, § 48-302)

(a)

During application process. During the application process, the applicant has the burden of proof to show that the proposed development is consistent with this chapter.

(b)

During appeal of an administrative decision. In instances where an applicant appeals an administrative decision to the board of appeals, the administrative unit or department making said decision has the burden of proof to show that the decision is consistent with this chapter.

(c)

During enforcement proceedings. During enforcement proceedings, the administrative unit or department taking enforcement action has the burden of proof to show that the action or development is in violation of this chapter.

(Ord. of 12-17-2012, § 48-303)

No permit or approval of any kind may be given on a parcel that is in violation of this chapter, except to correct the violation.

(Ord. of 12-17-2012, § 48-304)

To the extent possible, development projects requiring multiple reviews shall be done concurrently. When one approval is a condition precedent to approval of another application, the approvals shall be issued in the requisite order.

(Ord. of 12-17-2012, § 48-305)

At its discretion, the village may set and revise application fees as provided for in the schedule of fees of the municipal code. Fees shall be paid at the time of the application and are nonrefundable.

(Ord. of 12-17-2012, § 48-306)

A building permit for new construction or expansion of an existing building shall not be issued until such time as a zoning permit has been issued or a written determination is made that one is not required.

(Ord. of 12-17-2012, § 48-307)

All written information that a potential applicant submits to staff during a presubmittal meeting is considered part of the public record.

(Ord. of 12-17-2012, § 48-308)

Public notice shall be provided for as shown:

X indicates that that type of notice is required.

— indicates that that type of notice is not required.

(1) If the proposed amendment would have the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the village clerk.

(2) Town notice if property is within 500 feet of a town.

(Ord. of 12-17-2012, § 48-320)

Notices shall include the information:

X indicates that that type of information is to be provided with that type of notice

— indicates that that type of information is not required with that type of notice

(Ord. of 12-17-2012, § 48-321)

The village shall pay for all notices required under this division which is recouped through the associated application fees.

(Ord. of 12-17-2012, § 48-322)

When required, the official responsible for processing the application shall place public notice in the village's official newspaper consistent with the following provisions:

(1)

Time requirements. A class I notice shall be published one time at least one week before the meeting or hearing. A class II notice shall be published once each week for two consecutive weeks, the last one occurring at least one week before the meeting or hearing (see Wis. Stats. §§ 985.01(1m) and 985.07), except for code amendments which are to be published once during each of the two weeks prior to such hearing. (See Wis. Stats. § 62.23(7)(d).)

(2)

Content. The notice shall include the information listed in section 117-221.

(Ord. of 12-17-2012, § 48-323)

When required, the official responsible for processing the application shall send a copy of the application and a notice to the appropriate town clerk consistent with the following provisions:

(1)

Time requirements. The notice shall be mailed at least ten days prior to the first scheduled hearing or date of decision.

(2)

Content. The notice shall include the information listed in section 117-221.

(3)

Failure to notify other agencies. The failure of a town clerk to receive mailed notice shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.

(Ord. of 12-17-2012, § 48-324)

When required, the official responsible for processing the application shall mail a notice to each owner of record of property within 300 feet of the property involved in the application consistent with the following provisions:

(1)

Time requirements. The notice shall be mailed at least ten days prior to the first scheduled hearing or date of decision.

(2)

Content. The notice shall include the information listed in section 117-221.

(3)

Source of names and addresses. The names of property owners shall be deemed to be those listed on the most current listing maintained by the appropriate county department.

(4)

Failure to notify owner. The failure of an owner of record to receive mailed notice shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.

(5)

Additional notice. Where the applicant is the owner of the land adjoining the property involved in the application, the village may require that notices be mailed to additional property owners as deemed appropriate.

(Ord. of 12-17-2012, § 48-325)

When required, the official responsible for processing the application shall send a copy of the application and a notice to other units of government and other service providers substantially affected by the proposal consistent with the following provisions:

(1)

Time requirements. The notice shall be mailed at least ten days prior to the first scheduled hearing or date of decision.

(2)

Content. The notice shall include the information listed in section 117-221.

(3)

Failure to notify other agencies. The failure of an agency to receive mailed notice shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.

(Ord. of 12-17-2012, § 48-326)

(a)

Establishment of distribution list. The village board shall maintain a list of persons who submit a written request to receive notice of any proposed zoning action that may be taken that affects the allowable use of the person's property. (See Wis. Stats. § 62.23(7)(d)(4).)

(b)

When notice is required. The village board shall send a notice, which contains a copy of the proposed regulations or proposed amendments, to each person on the list whose property, the allowable use of which may be affected by the proposed regulations or amendments.

(c)

Method of distribution of notices. The notice shall be by mail or in any reasonable form that is agreed to by the person and the village board.

(d)

Establishment of charges. The village board may charge each person on the list who receives a notice a fee that does not exceed the approximate cost of providing the notice to the person.

(e)

Failure to send notice. An ordinance or amendment may take effect even if the village board fails to send the notice as required by this section.

(Ord. of 12-17-2012, § 48-327)

(a)

Meetings to be public. All public hearings shall be conducted in a place that is open to the public.

(b)

Notice of meetings. Notice of public hearings shall be given as provided for in division 2 of this article.

(c)

Minutes. The body conducting the hearing shall keep minutes of the proceedings, indicating the attendance of each member, and the vote of each member on each question. The body conducting the hearing shall approve the minutes, and upon approval shall become part of the public record.

(d)

Timing and conduct. Public hearings should be conducted in an orderly, timely, and efficient manner.

(e)

Public input. Public input is important and should be encouraged.

(Ord. of 12-17-2012, § 48-330)

The presiding officer conducting the public hearing shall follow the following procedure as a general guideline:

(1)

Announce the purpose and subject of the public hearing;

(2)

Determine whether public notice as required by this chapter has been provided. If notice has not been provided, the hearing shall be postponed until such time as proper notice has been provided;

(3)

Ask if any member of the body conducting the public hearing has a conflict of interest in regard to the matter being discussed and excuse those who do;

(4)

Ask if any member of the body conducting the public hearing believes another member has a conflict of interest in regard to the matter being discussed. If so, and following a discussion of the alleged conflict of interest, the members (except the member with the alleged conflict) shall determine by vote if that member does have a conflict of interest and should be removed from the pending decision;

(5)

Ask the applicant to describe the proposal;

(6)

Ask the staff to present a staff report, if required;

(7)

Allow members of the body conducting the public hearing to direct questions to both the applicant and staff, if present;

(8)

Ask for statements from the public who are in favor of the application;

(9)

Ask for statements from the public who oppose the application;

(10)

Call for discussion of the members of the body conducting the public hearing during which time they may ask questions of the applicant and staff, if present;

(11)

Ask the applicant if he wishes to:

a.

Respond to any comment made by an individual during the proceedings;

b.

Submit additional information;

c.

Amend the application; and/or

d.

Request a continuance;

(12)

Close the public hearing.

(Ord. of 12-17-2012, § 48-331)

(a)

Initiation. The applicant may request a continuance during the proceedings and the body conducting the public hearing may agree to the continuance upon a showing of good cause. Likewise, the body conducting the public hearing may ask the applicant for a continuance, but the applicant is not required to grant such continuance. If the applicant does not grant a continuance, the body shall act on the information at its disposal.

(b)

Effect. A continuance stops the time clock for making a decision.

(Ord. of 12-17-2012, § 48-332)

(a)

Time limitations on public comment. The presiding officer may impose time limits on each individual who wishes to speak to ensure completion of the agenda in a timely manner.

(b)

Written comment. Members of the public may submit written statements to the body conducting the public hearing.

(Ord. of 12-17-2012, § 48-333)

No zoning permit for a new structure, new use of land, water or air, or change in the use of land, water or air shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except as specifically, or by necessary implication, authorized by this chapter.

(Ord. of 12-17-2012, § 48-340)

Any work not requiring a zoning permit shall comply with the applicable setback, yard, height, and other requirements of this chapter. A zoning permit shall not be required in any of the following instances:

(1)

For erecting or placing an accessory building of less than 150 square feet in area.

(2)

For normal repairs and maintenance that do not involve an increase in the area of a structure (not including repairs to supporting members of the structure).

(3)

For structural alterations or substantial changes in the roof or exterior walls which do not exceed 20 percent of the current assessed value of the structure.

(4)

Non-dwelling buildings used exclusively for agricultural purposes in the AG district.

(Ord. of 12-17-2012, § 48-341)

No building shall be used erected, moved, placed, altered, or enlarged, unless exempted by section 117-301, until after the issuance of a zoning permit. Cases when a zoning permit is required:

(1)

Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase its floor area.

(2)

Before any land use is substantially altered.

(3)

Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.

(4)

Before building an accessory structure, even though not intended for human occupancy.

(Ord. of 12-17-2012, § 48-342)

Application for a zoning permit shall be made to the zoning administrator or village clerk and shall include the following where pertinent and necessary for proper review:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.

(2)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat or survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing such of the following as may be required by the zoning administrator: the location, boundaries, dimensions, uses, and size of the subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; public utilities; off-street parking, loading areas and driveways; existing highway access restrictions; high water; channel, floodway and floodplain boundaries; steep slopes, wooded areas; and existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

Additional information as may be required by the zoning administrator, plan commission, village board, and building inspector, engineering, fire and safety, or public works, and other personnel/consultants, including all information required for site plan approval under section 117-400.

(Ord. of 12-17-2012, § 48-343)

(a)

A zoning permit shall be granted or denied in writing by the zoning administrator or designee, within 30 days of receiving a complete application including all requested information and, if granted, the applicant shall post such permit in a conspicuous place at the site. Complete permit applications involving site plan approval or a conditional use permit shall be granted or denied in writing within 45 days.

(b)

The zoning permit shall expire within 12 months unless substantial work has commenced, or within 24 months after the issuance of the permit if the work for which a permit is issued is not substantially completed in which case of expiration, the applicant shall reapply for a zoning permit before commencing work.

(c)

Any permit issued in conflict with the provisions of this chapter shall be null and void.

(Ord. of 12-17-2012, § 48-344)

When a zoning permit does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the village board following a public hearing thereon.

(Ord. of 12-17-2012, § 48-345)

The development and execution of this chapter is based upon the division of the village into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(Ord. of 12-17-2012, § 48-350)

(a)

The village board may by resolution authorize the zoning administrator to issue a conditional use permit for either regular or limited conditional use after review, public hearing, and advisory recommendation from the plan commission, provided that such conditional use and involved structures are found to be in accordance with the purpose and intent of this zoning code and are further found not to be hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of limited conditional use, the board in its findings shall further specify the delimiting reasons or factors which resulted in issuing limited rather than regular conditional use. Such board resolution, and the resulting conditional use permit, when for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the commission shall make findings based upon the evidence presented that the conditional use standards herein described are being complied with.

(b)

The plan commission may on its own motion grant conditional uses when applications for rezoning come before it.

(c)

Any development within 300 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The plan commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.

(d)

Conditions such as landscaping, architectural design, type of construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hour of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the plan commission and/or the village board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(e)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.

(Ord. of 12-17-2012, § 48-351)

(a)

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.

(b)

Application for conditional use. An application for a conditional use shall be filed on a form prescribed by the village. The application shall be accompanied by a plan showing the location, size and shape of the lots involved and of any proposed structure, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 117-353. The plan commission and/or village board may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high water mark and groundwater conditions; bedrock, vegetative cover; specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(c)

All requests for conditional uses shall be to the village clerk and forwarded to the plan commission. To be considered at the monthly planning/zoning commission meeting, all complete applications for conditional use permits must be received no later than ten days prior to the planning/zoning commission meeting. Nothing in this chapter shall prohibit the village board on its own motion from referring the request for conditional use to the plan commission. Upon receipt of the application and statement, the plan commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such commission. The hearing shall be conducted within 30 days of receipt of application and a record of the proceedings shall be preserved in such manner and according to such procedures as the plan commission, shall, by rule, prescribe from time to time.

(d)

Applications for conditional use shall be referred to the zoning administrator by the planning commission as deemed necessary.

(e)

Hearing. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the zoning administrator, plan commission, village board, and the owners of record, as listed in the office of the village clerk, who are owners of property in whole or in part situated within 300 feet of the boundaries of the properties affected, said notice to be sent at least ten days prior to the date of such public hearing. Said notice should be sent by first class mail with an affidavit of mailing to the last known address of these persons as shown in the records of the village.

(f)

Report of plan commission. The plan commission shall report its recommendation to the village board within 45 days after a matter has been referred to it, subject to an extension by the village board.

(Ord. of 12-17-2012, § 48-352)

No application for a conditional use shall be recommended for approval by the plan commission unless such commission shall find all of the following conditions are present:

(1)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare;

(2)

That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner significantly impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use in compatible with the use of adjacent land;

(3)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

The adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

(5)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6)

That the conditional use shall, except for yard requirements granted by variance, conform to all applicable regulations of the district in which it is located.

(Ord. of 12-17-2012, § 48-353)

When applying the above standards to any new construction of a building or an addition to an existing building, the plan commission and board shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(Ord. of 12-17-2012, § 48-354)

In addition, in passing upon a conditional use permit, the plan commission shall also evaluate the effect of the proposed use upon:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution including sedimentation.

(3)

Existing topographic and drainage features and vegetative cover on the site.

(4)

The location of the site with respect to floodplains and floodways of rivers and streams.

(5)

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(6)

The location of the site with respect to existing or future access roads.

(7)

The need of the proposed use for a shoreland location.

(8)

Its compatibility with uses on adjacent land.

(9)

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Ord. of 12-17-2012, § 48-355)

When a conditional use application is denied, the plan commission or village board, whichever is applicable, shall furnish the applicant, in writing, when so requested, those conditions of the standards and the reasons used in determining that such condition or conditions were not present.

(Ord. of 12-17-2012, § 48-356)

The following conditions shall apply to all conditional uses:

(1)

Conditions. Prior to the recommending/granting of any conditional use, the plan commission and/or village board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 117-353. In all cases in which conditional uses are granted, the board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The right to continue any conditional use shall be dependent upon continued compliance with conditions placed upon the granting of a conditional use permit. Such conditions may include specifications for, without limitation because of specific enumeration:

a.

Type of construction.

b.

Setbacks and yards.

c.

Sureties.

d.

Construction commencement and completion dates.

e.

Operational control.

f.

Hours of operation.

g.

Traffic circulation.

h.

Landscaping.

i.

Site drainage.

j.

Lighting.

k.

Fencing.

l.

Signage.

m.

Planting screens.

n.

Type of shore cover.

o.

Piers and docks.

p.

Increased parking.

q.

Deed restrictions.

r.

Access restrictions.

s.

Specified sewage disposal and water supply systems.

t.

Trash and recycling.

u.

Other requirements necessary to fulfill purpose and intent of this chapter.

(2)

Site review. In making its recommendation, the plan commission shall evaluate each application and may request assistance from any source that can provide technical assistance. The commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

(3)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and landscape. To this end the village board may require the use of certain general types of exterior construction materials and/or architectural treatment.

(4)

Reimbursement of costs. Any costs incurred or to be incurred by the planning commission or village board in considering the application for conditional use shall be paid by the applicant on demand.

(5)

Application fee. An application fee is due at the time the application is filed with the village clerk. An additional fee will be charged for any "special meeting" that is required. A "special meeting" is defined as a meeting not regularly scheduled but scheduled at the request of the applicant. See schedule of fees.

(6)

Compliance with chapter 111. Notwithstanding anything to the contrary, unless waived by the village board, any grant of a conditional use shall be conditioned upon compliance with chapter 111, Land Division Regulations, including, but not limited to, payment of any and all public site fees required by chapter 111.

(Ord. of 12-17-2012, § 48-357)

The village board shall retain continuing jurisdiction over all conditional uses for the purpose of enforcing compliance with the terms and conditions of all conditional uses. Upon written complaint of any person or upon the village board's own motion, the village board shall initially determine whether there is a reasonable probability that the subject conditional use is in violation of one or more of the conditional use standards contained in section 117-353 ("standards") and any amendments thereto or any other conditions attached to the conditional use. Upon making a positive initial determination, a hearing shall be held upon notice as provided in section 117-352(e). Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The village board may, in order to bring the subject conditional use into compliance with the standards or conditions previously imposed by the village board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject use. In the event no reasonable modification of such conditional use can be made in order to ensure that all the conditions in the standards are met, the village board may revoke the subject conditional use approval and direct the zoning administrator, plan commission and/or village attorney to seek elimination of the subject use. Following any such hearing, the decision of the village board shall be furnished to the owner of the conditional use in writing stating the reasons therefor.

(Ord. of 12-17-2012, § 48-358)

(a)

Applicability.

(1)

All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for a one- or two-family residence in a residential district, shall require site plan approval by the plan commission in accordance with the requirements of this section. A one- or two-family residence in residential district may still be required to submit a site plan for review with a zoning and/or building inspection permit.

(2)

Before submitting an application, the applicant or the applicant's agent may request to meet informally, at no cost, with the plan commission, and village personnel, and/or consultants, to:

a.

Review applicable regulations and procedures;

b.

Review applicable goals and objectives of the village's comprehensive plan; and

c.

Review the proposal.

(b)

Cost recovery. If the project moves forward after this informal meeting, a cost recovery agreement shall be required.

(c)

Presubmittal meeting. The presubmittal meeting may, at the discretion of the village and concurrence of the applicant or the applicant's agent, be held via telephone conference or at the village. Prior to the conference, any preliminary drawings and maps shall be submitted in duplicate to the village clerk. Representatives from the public works department, engineering, building inspection, fire department, police department, and other village consultants as appropriate may participate in this preliminary discussion. The zoning administrator would be notified as the project requires.

(d)

Application. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the plan commission or its expert consultants to determine whether the proposed application meets all requirements applicable thereto in this section.

(e)

Determination of completeness. If required, the zoning administrator shall make a preliminary review of the application and plans, and refer them, along with a report of his/her findings, to the plan commission within ten days of receiving a completed application. The plan commission shall review the application and may refer application and plans to one or more expert consultants to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 45 days of its receipt of the completed application, the plan commission shall authorize the zoning administrator and/or the building inspector to issue or refuse a zoning permit. If the application is incomplete, the applicant has six months to resubmit the application or forfeit the application fee. No further steps shall be taken to process the application until the deficiencies are remedied.

(f)

Extension of review period.

(1)

Generally. Prior to the recommendation of the plan commission or the final decision of the village board, an applicant may request an extension to the review period if the applicant wishes to amend the application with new or different information.

(2)

Extension requirements. If an extension is granted and the application is amended, a new public hearing shall be conducted. Unless otherwise stated in writing, an extension request automatically extends the review period 30 days.

(g)

Requirements. In acting on any site plan, the plan commission may impose conditions upon the issuance of site plan approval as it deems necessary to address the following issues:

(1)

Consistency of the project with the village's comprehensive plan;

(2)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas, including operational considerations relating to hours or operation, lighting and creation of potential nuisances (see sections 117-1100 through 117-1108);

(3)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; pedestrian facilities; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby;

(4)

The adequacy of the proposed water supply, sanitary and waste disposal and other proposed utilities;

(5)

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section;

(6)

Effects of the project on the natural environment;

(7)

Erosion control and stormwater management as required by the village erosion control and stormwater management ordinance codified in chapter 107, article II. Sites exempt from the erosion control and stormwater management ordinance may still be required to submit and meet certain erosion control and stormwater management standards;

(8)

Grading details as required by the village grading ordinance, codified in article III of chapter 107. Sites exempt from the grading ordinance may still be required to submit and meet certain grading standards;

(9)

If the project is a multifamily real estate development (more than two dwelling units), does the project meet the following standards:

a.

All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped in accordance with the project plan. Decorative design elements, such as fountains, pools, benches, sculpture, planters, exterior recreational facilities and similar elements may be permitted, providing such elements are incorporated as part of the landscaping plan; and, permanent and automatic irrigation facilities are provided in all planted landscaped area.

b.

Minimum open space is 30 percent of the net area being developed. The net area shall exclude dedicated or proposed-dedicated public rights-of-way.

c.

Common open space areas are designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to: game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots.

d.

Active recreation and leisure areas, except those located completely within a structure, used to meet the open space requirement, shall not be located within 15 feet of any door or window of a dwelling unit.

e.

Private waterways, including pools, streams and fountains, may be used to satisfy not more than 50 percent of the required open space.

f.

Trash collection areas shall be provided within 250 feet of the units they are designed to serve. Such areas shall be enclosed within a building or screened with masonry walls having a minimum height of five feet. Access gates or doors to any trash area, not enclosed within a building, are to be of opaque material.

(h)

Effect on municipal services. Before granting any site approval, the plan commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the village engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the plan commission shall forward its recommendations to the village board and shall not issue final approval until the village board has entered into an agreement with the applicant regarding the development of such facilities.

(i)

Fees. The applicant will be required to pay the cost of any consultant's reports which may be required by the plan commission under subsections (g)(4) and (g)(5) of this section. The payment of those costs due is payable to the village on demand.

(Ord. of 12-17-2012, § 48-360)

(a)

Imposition of conditions. The plan commission may impose such conditions and restrictions as may be necessary to grant approval. Such conditions and restrictions may relate to the establishment, location, construction, maintenance, operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety, morals, comfort, or general welfare.

(b)

Content of decision. If the application is denied, the decision shall include the following:

(1)

A statement that the application is denied;

(2)

A description of the project, including acreage and proposed use characteristics;

(3)

Findings for the decision criteria;

(4)

A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;

(5)

A statement that the decision may be appealed to a court of competent jurisdiction; and

(6)

Date of the decision.

(c)

Effect of approval. If the plan commission approves the project, the approval shall run with the land and be binding on all subsequent property owners.

(d)

Expiration of approval. An approval shall expire 24 months after the date of issuance unless substantial work has commenced and continues in good faith to completion.

(Ord. of 12-17-2012, § 48-361)

If, during or after establishment of the project as authorized by the site plan approval, the owner proposes to expand or modify the use, buildings, and/or structures, or any other feature of the site plan, the building inspector shall determine if such proposed change would likely alter the finding for one or more review criteria. If the proposed change would likely alter a finding, the proposal shall be submitted to the plan commission for review as an amendment to the site plan approval. If the project has had zoning administrator approval previously, any significant changes would be submitted to the zoning administrator for an amendment approval or denial. A written amendment shall be approved by the plan commission and the village board.

(Ord. of 12-17-2012, § 48-362)

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.

(Ord. of 12-17-2012, § 48-363)

(a)

Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation the village or any property owner who would be specifically damaged by such violation, may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(b)

Remedial action. Whenever an order of the zoning administrator, plan commission or village has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the village board, zoning administrator, plan commission or village attorney may institute appropriate legal action or proceedings.

(c)

Penalties. Any person, firm or corporation who violates any provisions of this chapter or who fails to comply with any of the provisions of this chapter or any order of the village issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, forfeit a fee and in addition shall pay all costs and expenses involved in the case. Each day failure to comply or violation continues shall be considered a separate offense. See schedule of fees.

(Ord. of 12-17-2012, § 48-364)

(a)

No vacant land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until a certificate of compliance shall have been issued by the building inspector or zoning administrator. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such certificate be applied for when application is made for a land use permit and shall be issued within ten days after the completion of the work specified in such land use permit application but only if the building or premises and the proposed use thereof conform with all the requirements of this chapter.

(b)

Under such rules and regulations as may be established by the village board, the building inspector may issue a temporary certificate of compliance for part of a building.

(c)

Upon written request from the owner, the building inspector or zoning administrator shall issue a certificate of compliance for any building or premises existing on the effective date of the ordinance from which this chapter is derived, provided that on-site inspection shows that the extent and kind of use made of the building and/or premises conforms to the provisions of this chapter.

(Ord. of 12-17-2012, § 48-365)

A nonconforming use may be changed to a different nonconforming use provided the new nonconforming use has a lesser impact on the surrounding properties and neighborhood.

(Ord. of 12-17-2012, § 48-370)

(a)

Presubmittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the village representatives, personnel, and/or consultants to:

(1)

Review applicable regulations and procedures;

(2)

Review applicable goals and objectives of the village's comprehensive plan and the applicable neighborhood plans, if any; and

(3)

Review the proposal.

(b)

Cost recovery. If the project moves forward, a cost recovery agreement shall be signed.

(c)

Presubmittal meeting. The presubmittal meeting may, at the discretion of the village and concurrence of the applicant or the applicant's agent, be held via telephone conference or at the village. Prior to the conference, any preliminary drawings and maps shall be submitted in duplicate to the village clerk. Representatives from the public works department, engineering, building inspection, fire department, police department and/or other village consultants may participate in this preliminary discussion. The zoning administrator will be notified as is appropriate or required.

(d)

Submittal of application. The applicant shall submit an application to the village clerk along with the application fee as may be established by the village board.

(e)

Determination of completeness. Within ten days of submittal, the village or zoning administrator shall determine whether the proposed application is complete or incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has six months to resubmit the application or forfeit the application fee. No further steps shall be taken to process the application until the deficiencies are remedied.

(f)

Schedule date of review. Following a determination of completeness, the village clerk shall schedule a public hearing with the board of appeals allowing for proper public notice.

(g)

Notice. Consistent with division 2 of this article, the village clerk shall provide for Class I public notice, property owner notification, and agency notification.

(h)

Staff report. The zoning administrator shall prepare a written staff report as described in this division and mail it to each member of the board of appeals, the applicant, and the applicant's agent, if any, no later than three days prior to the public hearing. Copies shall also be provided to interested people upon request.

(i)

Public hearing. The board of appeals shall conduct a public hearing consistent with division 3 of this article.

(j)

Board of appeals decision. Within ten days of the public hearing (unless the applicant consents to an extension of the review period), the board of appeals after considering the public comments and recommendations of the staff report shall make a decision, based on the decision criteria contained in this division, to:

(1)

Approve the change in use;

(2)

Approve the change in use with conditions; or

(3)

Deny the change in use.

(Ord. of 12-17-2012, § 48-371)

(a)

Generally. Prior to the final decision of the board of appeals, an applicant may request an extension to the review period if the applicant wishes to amend the application with new or different information.

(b)

Extension requirements. If an extension is granted and the application is amended, a new public hearing shall be conducted. Unless otherwise stated in writing, an extension request automatically extends the review period 30 days.

(Ord. of 12-17-2012, § 48-372)

The board of appeal in making its decision shall, at a minimum, consider whether the new nonconforming use would be less intrusive to the surrounding properties than the existing nonconforming use.

(Ord. of 12-17-2012, § 48-373)

The board of appeals may impose such conditions and restrictions as may be necessary to grant approval. Such conditions and restrictions may relate to the establishment, location, construction, maintenance, operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety, morals, comfort, or general welfare.

(Ord. of 12-17-2012, § 48-374)

The application submittal shall consist of an application form as may be used by the village.

(Ord. of 12-17-2012, § 48-375)

At a minimum, the staff report shall contain the following information:

(1)

A summary of the comments received from the interdepartmental/agency review;

(2)

Findings for the decision criteria listed in this division;

(3)

A preliminary list of conditions if approval is recommended; and

(4)

A recommendation to approve the application, approve it with conditions, or deny the application.

(Ord. of 12-17-2012, § 48-376)

If the application is denied, the decision shall include the following:

(1)

A statement that the application is denied;

(2)

A description of the project, including acreage and proposed use characteristics;

(3)

Findings for the decision criteria;

(4)

A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;

(5)

A statement that the decision may be appealed to a court of competent jurisdiction; and

(6)

Date of the decision.

(Ord. of 12-17-2012, § 48-377)

If the board of appeals approves the application and the applicant makes the change in use, the applicant or another may not reestablish the prior use at any time in the future.

(Ord. of 12-17-2012, § 48-378)

An approval shall expire six months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

(Ord. of 12-17-2012, § 48-379)

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.

(Ord. of 12-17-2012, § 48-380)

(a)

The purpose of the planned development district is to provide a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of this zoning chapter and with the village land use plan. Developers can propose used or combination of used and configurations of intensity and density of development. Through a process of plan commission review, public hearing and village board review and approval, accompanied by discussions with developers and, as appropriate, with other interested parties, an agreement is reached between the property owner and the village. The details of this agreement constitute the zoning controls of the property. These controls have the same legal force and effect as do standard zoning requirements.

(b)

The village board may by resolution authorize the zoning administrator to issue a PDD after review, public hearing, and advisory recommendation from the plan commission, provided the planned development district is found to be in accordance with the purpose and intent of the zoning code and is further found not to be hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of the planned development district, the village board in its findings shall further specify the delimiting reasons or factors which resulted in approving the PDD. Prior to granting a planned development district, the commission shall make findings based upon the evidence presented that the planned development district described is being complied with.

(Ord. of 12-17-2012, § 48-390)

(a)

Prior to filing an application for approval of a preliminary planned development district, the developer shall consult with the plan commission for advice and assistance for the purpose of determining land suitability and reviewing the procedures and requirements of this chapter and other ordinances, and any plans or data which may affect the proposed development.

(b)

All applications under this division shall use the environmental assessment checklist, available from the village clerk, whether or not a land division is proposed with the application.

(1)

Purpose. The purpose of the environmental assessment checklist is to provide the basis for an orderly, systematic review of the effects of all planned development upon the land, community, and environment in accordance with sound principles of land development. The procedures for this process, as well as the reasons for such review, are referenced in section 111-30.

(2)

Coverage. The environmental checklist shall apply to all reviewable planned development districts.

(Ord. of 12-17-2012, § 48-391)

(a)

An owner may apply for re-zone into a PDD in any of the following zones within the village:

(1)

R-SL, Single-family residential low-density district.

(2)

R-SM, Single-family residential medium-density district.

(3)

R-SH, Single-family residential high-density district.

(4)

R-T, Two-family residential district.

(5)

R-M, Multifamily residential district.

(6)

B-G, General business district.

(7)

B-N, Neighborhood business district.

(8)

B-P, Business park district.

(b)

The PDD district may be applied through the procedures and requirements as identified herein; provided that, if initiated by the owner or contract purchaser of the subject property, or their authorized representatives, application for a zone change to apply the PDD district must be in conjunction with application for PDD general development plan approval.

(c)

All development in the PDD district requires approval of a PDD general development plan and final development plan as provided in this chapter.

(Ord. of 12-17-2012, § 48-392)

The village board shall decide an application to apply the PDD district and shall approve the zone change if it finds two or more of the following:

(1)

The subject property contains significant landscape features or open space whose preservation requires planned development district rather than conventional lot-by-lot development;

(2)

Planned development district of the subject property will promote increased energy conservation or use of renewable energy resources;

(3)

The subject property contains natural hazards, the avoidance of which requires planned development of the property;

(4)

Planned development district of the subject property will produce more efficient use of the land and provision of services than conventional lot-by-lot development.

(Ord. of 12-17-2012, § 48-393)

Approval of a PDD general development plan is a development request subject to this chapter. The submittal packet shall contain all the following items, prior to its acceptance by the zoning administrator, plan commission and/or the village board:

(1)

An application of PDD general development plan approval shall be initiated as provided herein.

(2)

The PDD general development plan shall consist of the following:

a.

Documents. Written documents containing the following information:

1.

A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning.

2.

The names and addresses of all owners of adjacent property.

3.

A statement of planned objectives to be achieved by the PDD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and adjacent areas, discussion of how the proposed development will relate to the natural environment and significant landscape features of the site and adjacent areas, and the rationale behind the assumption and choices made by the applicant.

4.

A development schedule indicating the approximate date when construction of the PDD stages of the PDD can be expected to begin and be completed.

5.

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PDD, such as land areas, dwelling units, etc.

6.

Quantitative data for the following: total number and type of dwelling units; parcel sizes; proposed lot coverage of buildings and structures; approximate gross and net residential acreages; total amounts of open space; amounts of private, common and public open space; total area and types of nonresidential construction; economic feasibility studies or market analysis where necessary.

b.

Site plan and supporting maps. A site plan and any maps necessary to show the major details of the proposed PDD, containing the following minimum information:

1.

The existing site conditions, including contours at vertical intervals of not more than two feet where average slope is less than ten percent or four feet where slope is ten percent or greater. Elevations shall be marked on such contours based upon U.S.G.S. data where available and upon the best available data in all other cases.

2.

Proposed lot lines and layout design.

3.

The location and floor area size of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units, and nonresidential structures, including commercial facilities.

4.

A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles).

5.

Architectural concept plan. An architectural concept plan prepared in sufficient detail to show the mass, form, elevations, rooflines and general architectural style of proposed buildings on the site and their compatibility with nearby uses.

6.

The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common public open spaces or recreational areas, school sites, and similar public and semi-public uses.

7.

The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way.

8.

Traffic circulation. The location and number of points of access to the site, the interior circulation pattern of streets and pedestrian ways, the separation between pedestrian and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and uses shall be designed to maximize safety and convenience and be compatible with neighboring road systems, buildings and uses. The criteria that shall be followed include:

(i)

Minimum number of conflict points between auto traffic and pedestrian traffic to include the adequate design and demarcation of the pedestrian walkways from parking or driveway areas. Pedestrian walks shall not be obstructed by the storage, display or sale of merchandise.

(ii)

Service traffic separation from customer traffic. For mall-type centers, service traffic shall be limited to specific times of the day, such times to be reasonably determined by the planning and zoning commission.

(iii)

Frontage service drives may be required by the village board if area traffic conditions warrant.

9.

The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system indicating proposed treatments of points of conflict.

10.

The existing and proposed systems for providing sewage disposal, water, electricity, gas, fire protection and telephone services.

11.

A general schematic landscape plan indicating the technique and materials to be used for private, common and public open spaces.

12.

A preliminary subdivision or partition plan if the land is to be divided.

13.

Information on land areas adjacent to the proposed PDD, including land uses, zoning classifications, densities, circulation systems, public facilities, and significant landscape features, to show the relationship between the proposed development and the adjacent properties.

14.

The proposed treatment of the perimeter of the PDD, including materials and techniques to be used, such as screens, fences and walls.

c.

Architectural control. No building, fence, wall or structure shall be commenced, erected, or maintained upon any lot, or shall any exterior addition to, change, or alteration thereof be made until plans, material, and location of the same have been submitted to and approved in writing by the commission or its designee.

(3)

The village board shall decide on the PDD general development plan application as provided herein; and shall approve the general development plan if it finds:

a.

The proposed PDD is consistent with application comprehensive plan goals policies and map designations, with the purpose set forth in section 117-490.

b.

The general development plan meets the development standards of section 117-494 (this section) to section 117-503.

c.

If the general development plan provides for phased development, pursuant to section 117-504, that each phase meets the standard of section 117-495 and that the applicant has the capability to obtain final development plan approval in the time limits imposed.

d.

Exceptions from the standards of the underlying zone district or from the quantitative requirements set in this chapter are warranted by amenities and other design features of the PDD furthering the purpose of section 117-490.

e.

Any conditions or modifications imposed by the village board on the general development plan approval are necessary to meet the requirements herein, to further the purpose of section 117-490, or to comply with the comprehensive plan.

(Ord. of 12-17-2012, § 48-394)

A PDD general development plan shall be submitted at a scale not more than 200 feet to one inch and shall show all information required in section 117-494.

(Ord. of 12-17-2012, § 48-395)

The PDD site must be of such a size that at least four dwelling units would be permitted by the PDD.

(Ord. of 12-17-2012, § 48-396)

The uses which may be permitted under a planned development district include a mixture of uses, including any uses permitted under this chapter. Permitted uses may also include any conditional uses authorized in any of the foregoing districts under this chapter and compatible uses as determined by the village board by approval of the final development plan. No use is permitted as a matter of right in the PDD district except as may be provided in an approved final development plan.

(Ord. of 12-17-2012, § 48-397)

Unless an increase in density is allowed by the village board, the number of dwelling units shall not exceed the number that would be allowed on the gross acreage of the PDD, if dwelling units of same type where built at the minimum lot sizes specified by the zoning district.

(1)

Single-family residential. Single-family detached residential development served by a public sanitary sewer system at densities of between three and five dwelling units per acre. This category includes stormwater management facilities and mini-parks to serve residential development.

(2)

Two-family residential. Groupings of two or more duplexes and attached single-family residences with individual entries (e.g., townhouses) served by a public sanitary sewer service system.

(3)

Mixed residential. A variety of residential units, particularly multiple-family housing (3+ unit buildings), at densities averaging above eight dwelling units per acre and served by a public sanitary sewer service system.

(Ord. of 12-17-2012, § 48-398)

(a)

A general development plan shall provide for reasonable light, ventilation, and visual and acoustic privacy for residences and other structures. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, and reduction of noise. High-rise buildings shall be located within a PDD in such a way as to avoid adverse impact on neighboring low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

(b)

If the village board determines that a general development plan meets the standards of subsection (a) of this section, it may waive the lot area, lot width, lot coverage, setback and height requirements of the underlying zone district.

(c)

If the village board finds it necessary to meet the perimeter design standards of section 117-503, it may require a special setback from all or a portion of the perimeter of the PDD.

(Ord. of 12-17-2012, § 48-399)

(a)

Planned developments containing a residential component shall provide and maintain usable open space as shown on the approved site plan. Locations, shapes, sizes, and other characteristics of open spaces shall be consistent with their proposed uses and the purposes of the PDD. Otherwise, to meet the environmental design standards of section 117-501, common or public open space shall be distributed equitably throughout the PDD in relation to the dwelling units of the residents they are intended to serve.

(b)

Open spaces shall be suitably improved for the intended use. Open spaces containing significant landscape features may be left unimproved or may be improved to ensure protection of the features, subject to requirements imposed by the village board pursuant to section 117-501.

(c)

The development schedule required by section 117-494 shall provide for coordination of the improvement of open spaces with the construction of other proposed site improvements.

(d)

The village board shall require that the applicant ensure permanent common or public open space required by this section by the following way:

(1)

By conveying the open space to a public agency which will agree to maintain the open space and any buildings, structures, or improvements which have been placed on it.

(Ord. of 12-17-2012, § 48-400)

(a)

General development plan shall provide, to the greatest extent possible, for the preservation of significant landscape features, historic sites, and landmark and for the integration of the proposed development with the environmental characteristics of the site and adjacent areas. The village board may require that significant landscape features and historical sites be preserved as part of the common or public open space of the project.

(b)

Excessive site clearing of topsoil, trees and natural features before the commencement of construction operations shall be discouraged. The village board may require the applicant to submit a grading plan detaining proposed excavation, earth-moving procedures, and other changes to the landscape, in order to ensure preservation of the character of the area to be retained in open space.

(c)

Sites for residential and nonresidential buildings shall be discouraged in areas of natural hazards, such as floodplains, areas subject to landslides, areas with average slopes greater than 20 percent and areas with unstable soil formations. The village discourages placement of new buildings on hydric soils and on slopes between 12 percent and 20 percent where other more appropriate sites are available.

(d)

The village board shall require that all floodplains be preserved as permanent common or public open space, and may require that other natural hazard areas be included in the common or public open space of the proposed development and be left unimproved or improved to ensure minimization of the hazard.

(e)

Require natural resource features to be depicted on all site plans, preliminary plats and certified survey maps including wetlands, steep slopes, floodplains, drainageways, wooded areas, and mature trees. Once identified, establish maximum clearance or removal standards for these features and require on-site mitigation where those standards cannot be met. All manufactured slopes, shall be planted or otherwise protected from the effects of storm runoff erosion, and shall be of a character to cause the slope to bend with the surrounding terrain and development. The applicant shall provide maintenance of the planting until growth is established.

(f)

Utilize subdivision, zoning, and official mapping authority to protect environmental corridors within the village limits and extraterritorial areas.

(g)

Emphasize use of natural drainage patterns, construction site erosion control, and ongoing stormwater management measures that minimize pollution and control the quality, quantity and temperature of water leaving any site.

(Ord. of 12-17-2012, § 48-401)

The configuration of buildings, driveways, and other improvements shall allow convenient and direct emergency vehicle access.

(Ord. of 12-17-2012, § 48-402)

(a)

The general development plan shall minimize adverse impacts of proposed uses and structures in the PDD and existing and anticipated uses and structures in the adjacent area.

(b)

If topographical or other barriers do not provide reasonable privacy for existing uses adjacent to the development, the village board shall require one or more of the following:

(1)

A special setback, or setbacks, of residential and nonresidential structures shall be located on the perimeter.

(2)

Residential and nonresidential structures located on the perimeter of the development shall be screened by fencing, landscaping, or other natural or manmade materials. Such amenities shall be shown on the general development plan and approved by the zoning administrator, plan commission or village board.

(Ord. of 12-17-2012, § 48-403)

The applicant may provide in the general development plan for development of the project in phases, if approved by the village board.

(Ord. of 12-17-2012, § 48-404)

(a)

Preliminary PDD hearing. Upon receipt of the completed application, the zoning administrator, plan commission or the village board shall schedule the matter for public hearing before the planning and zoning commission. Notice of the hearing shall be given by publication of a Class 2 notice as provided in Wis. Stats. ch. 985. The hearing may, at the request of the applicant, be continued as necessary for the submission of additional information or the revision of the application documents.

(b)

Public hearing. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, zoning administrator, village board and plan commission, and the owners of record, as listed in the office of the village clerk, who are owners of property in whole or in part situated within 300 feet of the boundaries of the properties affected, said notice to be sent at least ten days prior to the date of such public hearings. Said notice should be sent by first class mail with an affidavit of mailing to the last known address of these persons as shown in the records of the village.

(c)

Plan commission action. Within 60 days after the completion of the hearing, the plan commission shall make findings with regard to the standards set forth in section 117-494 and forward a report to the village board with a recommendation to approve, approve with conditions, or reject the general development plan.

(d)

Board action of general development plan. Approval of the general development plan by the village board shall constitute approval of the general arrangement of the plan, the provisions submitted by the applicant, and a waiver of those provisions of the general zoning code which are set forth in the plan. Such approval shall become void, as to any lands for which a final development plan application is not submitted by the latest of: one year from the date of approval of the general development plan, unless the date is extended and written approval is provided by the village board.

(Ord. of 12-17-2012, § 48-405)

(a)

If the final development plan complies with the approved general development plan except for changes required as a condition of such approval, and subject to approval of such changes, and if the village board approves all of the features as shown on the site plan required by section 117-494, the village board shall adopt an ordinance reclassifying the subject property to the PDD district effective upon completion of the development in accordance with the final development plan and granting the applicant a conditional use permit authorizing the development in accordance with the plan. A representative of the village board shall deliver the recording and approved development plan and all ordinances, dedications, covenants and such other documents as may be required as a condition of the approval.

(b)

Final application submission. Fifteen copies of the final development plan shall be filed with the village. Such submissions shall be accompanied by a fee and review escrow in accordance with a fee schedule set by the village board. The final development plan shall include the following:

(1)

Any amendments required as part of the preliminary review process.

(2)

An upgraded site plan of the proposed development including requirements set forth in section 117-494.

(Ord. of 12-17-2012, § 48-406)

The applicant shall conform to a development schedule in the final development plan approved by the village board. If construction has not begun, or an approved use established within a period of three years from the approval of the final planned development district, or if any improvement is not completed within three years from the date set forth in the general development plan, the conditional use permit shall expire and be void.

(Ord. of 12-17-2012, § 48-407)

Minor changes from the approved development plan in the location, setting and height of buildings and structures may be authorized by the zoning administrator or other authorized village representative, without additional public hearing if required by engineering or other circumstances not foreseen at the time and final plan was approved. Changes must be recorded as amendments to the final planned unit development in accordance with the same procedure as required for the initial final plan approval.

(Ord. of 12-17-2012, § 48-408)

The village board may extend the period for the beginning of construction, and establishment of an approved use, or completion of a phase of development as provided in the development schedule. If a final development plan lapses under the provision of this section, the zoning administrator, village representative or plan commission, shall notify the applicant of the lapse of permit and the property owner shall promptly cause the property to be brought into compliance with all of the district regulations in effect prior to the approvals granted pursuant to approval of the planned development district.

(Ord. of 12-17-2012, § 48-409)

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the village may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

(Ord. of 12-17-2012, § 48-420)

(a)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the village clerk and the zoning administrator notified.

(b)

Submittal of petition. The applicant shall submit a petition to the village clerk along with the application fee as may be established by the village board. In the event the initiator requests or for any other reason a special meeting of the plan commission or the village board is occasioned by the request for change or amendment, the initiator of the change or amendment shall pay the village, by delivering the same to the village clerk, an additional fee before any such special meeting shall be held. A special meeting is a meeting other than a regularly scheduled meeting. The initiator is further responsible for any and all costs incurred by the village in connection with notice that is given for a public hearing. The payment of those costs is due and payable to the village on demand. See schedule of fees.

(c)

Determination of completeness. Within ten days of submittal, the village or the zoning administrator shall determine whether the submittal is complete or incomplete and notify the applicant, in writing, of any deficiencies. The village shall take no further steps to process the application until the deficiencies are remedied.

(d)

Transmittal of petition to plan commission. The village clerk shall forward one copy of the petition to the zoning administrator and each member of the plan commission.

(e)

Interdepartmental/agency review. The village clerk shall forward one copy of the application to appropriate village personnel and other local units of government that would be directly affected by the proposed amendment.

(f)

Staff report. The village or the zoning administrator shall prepare a written staff report as described in this division and mailed to each member of the plan commission, the applicant, and the applicant's agent, if any, at least three days prior to the first public hearing. A copy shall also be provided to interested people upon request.

(g)

Plan commission public hearing. Allowing for proper public notice, the plan commission shall conduct a public hearing consistent with division 3 of this article to review the application, written comments received from the interdepartmental/agency review, and the staff report and to accept public comment on the application.

(h)

Plan commission recommendation. The plan commission shall make a written recommendation to the village board to:

(1)

Deny the proposed amendment;

(2)

Approve the proposed amendment without revision; or

(3)

Approve the proposed amendment with revisions it deems appropriate.

Such revision to the proposed amendment shall be limited in scope to those matters considered in the public meeting.

(i)

Village board decision. After reviewing the application, comments received from the public, the interdepartmental/agency review, the staff report, and the plan commission's recommendation, the village board shall make a decision to:

(1)

Deny the proposed amendment;

(2)

Approve the proposed amendment without revision; or

(3)

Approve the proposed amendment with revisions it deems appropriate.

Such revision to the proposed amendment shall be limited in scope to those matters considered in the public meeting.

(j)

Notification of decision. Within five days of the village board decision, the village clerk shall mail the applicant, by regular U.S. mail, the original copy of the decision and notify the plan commission and zoning administrator in writing of its decision. If the proposed amendment is denied, the notification shall indicate the reasons for the denial.

(k)

Administrative steps. If the zoning map is amended, the official zoning map shall be revised accordingly and certified by the village president and village clerk.

(Ord. of 12-17-2012, § 48-421)

The plan commission in making its recommendation and the village board in making its decision shall consider the following factors:

(1)

The amendment is consistent with and furthers the intent of the village's comprehensive plan;

(2)

The amendment is consistent with other planning documents adopted by the village board;

(3)

The code with the amendment is internally consistent;

(4)

The amendment is the least restrictive approach to address issues of public health, safety, and welfare;

(5)

The village has or will have the financial and staffing capability to administer and enforce the amendment.

(Ord. of 12-17-2012, § 48-422)

A map amendment may not become effective except upon a favorable vote of three-fourths of the village board voting on the proposed change when:

(1)

Those owning 20 percent or more of the land area within the proposed map amendment file a written protest;

(2)

Those owning 20 percent or more of the land area within 100 feet of the proposed map amendment file a written protest; or

(3)

Those owning 20 percent or more of the land directly opposite of the proposed map amendment but within 100 feet of the street frontage file a written protest. (See Wis. Stats. § 62.23(d)(2m).)

(Ord. of 12-17-2012, § 48-423)

(a)

Landowner initiated map amendment. An application for a landowner initiated zoning map amendment shall include the following:

(1)

An application form as may be used by the village;

(2)

A plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 300 feet of the area proposed to be rezoned;

(3)

A written description of the proposed change;

(4)

A written statement outlining the reasons for the amendment;

(5)

The owners' names and addresses of all properties lying within 300 feet of the area proposed to be rezoned;

(6)

Other supporting information the applicant deems appropriate;

(7)

Additional information required by the plan commission.

(b)

Other amendments. For all other types of amendments, the application shall include the following:

(1)

A written description of the proposed change;

(2)

A written statement outlining the reasons for the amendment;

(3)

Other supporting information the applicant deems appropriate.

(4)

Additional information required by the plan commission.

(Ord. of 12-17-2012, § 48-424)

At a minimum, the staff report shall contain the following information:

(1)

A summary of the comments received from the interdepartmental/agency review;

(2)

Findings for each of the decision criteria listed in this division;

(3)

Revisions to the amendment that should be made if approval is recommended;

(4)

A recommendation to approve the amendment, approve the amendment with revision, or deny the amendment.

(Ord. of 12-17-2012, § 48-425)

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.

(Ord. of 12-17-2012, § 48-426)

For each type of approval granted pursuant to this article, there is a time period for which the approval is valid. If the requisite actions as herein defined have not been taken prior expiration of the approval period, the holder of the approval may submit a request to extend the approval period.

(Ord. of 12-17-2012, § 48-430)

(a)

Submittal of request. At least 35 days prior to the expiration of the approval, the applicant shall submit a written request to the village clerk along with the application fee as may be established by the village board.

(b)

Review and recommendation. The plan commission shall review and make a recommendation to the village board to approve, approve with conditions, or deny the request based on the decision criteria as described in this division. The plan commission may coordinate with staff and consultants in their review as needed.

(c)

Village board decision. Allowing for proper public notice, the village board shall consider the application along with the staff report and shall approve or deny the request based on the decision criteria as described in this article. The decision shall be in writing and shall state the reasons for the decision.

(d)

Notification of decision. The village clerk shall mail the village board's decision to the permit holder, plan commission and zoning administrator.

(Ord. of 12-17-2012, § 48-431)

In reviewing the request, the plan commission and village board shall consider the reasons why the requisite actions needed to secure the permit were not taken.

(Ord. of 12-17-2012, § 48-432)

The extension request shall be in writing and included the following information:

(1)

Date of the original approval;

(2)

Reasons for the request;

(3)

Length of extension requested;

(4)

A description of work completed under the approval and what work has yet to be completed.

(Ord. of 12-17-2012, § 48-433)

The village board shall not extend the approval period for more than one calendar year beyond the initial approval period.

(Ord. of 12-17-2012, § 48-434)

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.

(Ord. of 12-17-2012, § 48-435)

The village board makes the following findings:

(1)

There may be instances where certain requirements of this chapter that if enforced would cause unnecessary hardship to individual landowners.

(2)

Minor deviations from this chapter may help to alleviate those unnecessary hardships without circumventing or undermining the intent of this chapter.

(Ord. of 12-17-2012, § 48-440)

Variances are approved by the board of appeals, not the plan commission or village board.

(1)

Submittal of application. The applicant shall submit a completed application to the village clerk along with the application fee as may be established by the village board.

(2)

Determination of completeness. Within ten days of submittal, the village shall determine if the application is complete. If the application is deemed incomplete, it shall be returned to the applicant and the applicant has six months to resubmit the application or forfeit the application fee. The village shall take no further steps to process the application until the deficiencies are remedied

(3)

Notice. Consistent with division 2 of this article, the village clerk shall provide for class I public notice, property owner notification and agency notification.

(4)

Staff report. The village or the zoning administrator shall prepare a written staff report as described in this division and mailed to each member of the zoning board of appeals, the applicant, and the applicant's agent, if any, at least three days prior to the first public hearing. A copy shall also be provided to interested people upon request.

(5)

Public hearing. Allowing for proper notice, the zoning board of appeals shall hold a public hearing consistent with division 3 of this article.

(6)

Decision. The zoning board of appeals shall approve the application, approve it with conditions, or deny it. Such decision shall be in writing and shall include the findings in support of its decision and, if approved, any conditions as may be imposed.

(7)

Applicant notification. Within five days following the decision, the village clerk shall mail the applicant the original (signed) copy of the decision and retain a copy for the public record.

(8)

Additional procedural steps. If the zoning board of appeals grants the variance, the applicant shall then follow other review procedures as may be required.

(Ord. of 12-17-2012, § 48-441)

(a)

Dimensional variance. When making its decision regarding a dimensional variance, the board of appeals shall consider the following factors:

(1)

Whether the variance would be contrary to the public interest.

(2)

Whether a literal enforcement would result in unnecessary hardship, owing to conditions unique to the property.

(3)

Whether the spirit of this chapter would be observed and substantial justice done if a variance is granted.

(b)

Use variance. When making its decision regarding a use variance, the board of appeals shall consider the following factors:

(1)

Whether the variance would be contrary to the public interest.

(2)

Whether a literal enforcement would not allow the property to be used for a reasonable use given its size, configuration, and other property characteristics.

(3)

Whether the spirit of this chapter would be observed and substantial justice done if a variance is granted.

(Ord. of 12-17-2012, § 48-442)

(a)

Dimensional variance. The following actions shall not be allowed by a dimensional variance:

(1)

Expansion of a nonconforming use; or

(2)

Modification to lot or other requirements so as to increase the permitted density or intensity of use.

(b)

Use variance. In issuing a use variance, the variance so granted shall only allow a use that is consistent with the uses of surrounding properties.

(Ord. of 12-17-2012, § 48-443)

In approving a variance, the board of appeals may impose such conditions and restriction as may be necessary to grant approval.

(Ord. of 12-17-2012, § 48-444)

The application submittal shall include the following:

(1)

An application form as may be used by the village;

(2)

A project map prepared at an appropriate scale and containing the information listed in section 117-400;

(3)

A list of other variances, requested or granted, that have been issued to the subject property.

(Ord. of 12-17-2012, § 48-445)

At a minimum, the staff report shall contain the following information:

(1)

A summary of the comments received from the interdepartmental/agency review;

(2)

Findings for each of the decision criteria listed in this division;

(3)

A preliminary list of conditions if approval is recommended; and

(4)

A recommendation to approve the application, approve it with conditions, or deny the application.

(Ord. of 12-17-2012, § 48-446)

An approved variance merely sets aside the rule or regulation from which relief is sought. All other rules and regulations not part of the variance decision must be followed. The variance runs with the land.

(Ord. of 12-17-2012, § 48-447)

The variance shall expire one year after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

(Ord. of 12-17-2012, § 48-448)

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision. (See Wis. Stats. § 62.23(7)(e)(10).)

(Ord. of 12-17-2012, § 48-449)

Any person aggrieved by a final decision of the zoning administrator or plan commission may file an appeal with the board of appeals consistent with this part.

(Ord. of 12-17-2012, § 48-460)

(a)

Submittal of appeal. The applicant shall submit a written appeal to the village clerk within two months of the date of the decision being appealed.

(b)

Notification of appeal. The village clerk shall provide a copy of the appeal to the board of appeals, zoning administrator and plan commission.

(c)

Supplemental notification. If the appeal involves a listed property, as defined in Wis. Stats. § 44.31(4), the village clerk shall provide a copy of the appeal to the plan commission or the landmarks commission, as appropriate, for review and comment. (See Wis. Stats. § 62.23(7)(e)(6).)

(d)

Compilation and submittal of record. The plan commission or its designee shall compile a complete and accurate record relating to action being appealed and transmitted to the zoning board of appeals.

(e)

Public hearing. Allowing for proper public notice and notice to the parties in interest, the zoning board of appeals shall conduct a public hearing consistent with division 3 of this article to hear the appeal and consider the written record and testimony as may be provided.

(f)

Decision. Within 45 days of the public hearing, the zoning board of appeals shall decide to affirm the administrative decision, set aside the decision, or modify the decision.

(g)

Notification of decision. The zoning board of appeals shall, in writing, notify the applicant, plan commission, zoning administrator and village board of its final decision.

(Ord. of 12-17-2012, § 48-461)

The board of appeals shall determine if the zoning administrator or plan commission made an error in judgment as applied to the instance being appealed. If the appeal involves a listed property, as defined in Wis. Stats. § 44.31(4), the board shall consider the recommendation of the plan commission and/or the landmarks commission. (See Wis. Stats. § 62.23(7)(e)(6).)

(Ord. of 12-17-2012, § 48-462)

An appeal shall stay all legal proceedings in furtherance of the action from which appeal is made, unless the zoning administrator or plan commission certifies to the board of appeals that by reason of facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by a court of record on application, with notice to the officer from whom appeal is made, and on due cause shown. (See Wis. Stats. § 62.23(7)(e)(5).)

(Ord. of 12-17-2012, § 48-463)

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision. (See Wis. Stats. § 62.23(7)(e)(10).)

(Ord. of 12-17-2012, § 48-464)

In the event a question arises concerning any provision or the application of any provision of this zoning code, the zoning administrator or plan commission shall be responsible for rendering a written interpretation.

(Ord. of 12-17-2012, § 48-470)

The responsibility for interpretation shall not be construed as overriding the responsibilities specifically given to any commission, board, or official named in other parts of this zoning code.

(Ord. of 12-17-2012, § 48-471)

(a)

Submittal of question. The individual requesting the interpretation shall submit the question in writing to the village clerk.

(b)

Decision. In consultation with the village attorney and/or zoning administrator as needed, the plan commission shall make a written decision within 35 days of receiving the request.

(c)

Notification of decision. The village clerk will send a copy of the interpretation to the individual requesting the interpretation and to any board, commission, employee, and official involved in the administration of this zoning code, as appropriate.

(d)

Permanent record. The village clerk shall keep a written record of all interpretations and make them available for public inspection.

(Ord. of 12-17-2012, § 48-472)

(a)

In consultation with the village attorney and others as appropriate, the plan commission shall:

(1)

Evaluate the provisions in question;

(2)

Consider the overall intent of the zoning code;

(3)

Review the findings and purpose statements as appropriate;

(4)

Review other applicable interpretations that have been made; and

(5)

Make a decision giving the code its most reasonable application.

(b)

If this zoning code is unclear to the extent a reasonable interpretation cannot be made, the plan commission designee shall make such a determination and notify the plan commission and village board.

(Ord. of 12-17-2012, § 48-473)

An interpretation once rendered shall have full effect as if set forth in this zoning code. Where appropriate, interpretations should be addressed through the amendment process.

(Ord. of 12-17-2012, § 48-474)

The applicant and/or an aggrieved person may, without time constraint, appeal an interpretation made pursuant to this division by filing an appeal with the board of appeals.

(Ord. of 12-17-2012, § 48-475)

The village board makes the following findings:

(1)

State law gives the village certain authority to ensure compliance with this chapter.

(2)

The village reserves all rights and remedies provided by state and federal law to ensure compliance.

(Ord. of 12-17-2012, § 48-480)

According to Wis. Stats. § 62.23(7)(f), the village has the authority to enforce the provisions of this chapter.

(Ord. of 12-17-2012, § 48-481)

Each separate action that is not in full compliance with this chapter or with the conditions of an issued permit or similar approval shall constitute a separate and distinct violation.

(Ord. of 12-17-2012, § 48-482)

(a)

Investigation. After observing or receiving a complaint of an alleged violation, the village personnel or the plan commission shall investigate to determine if in fact a violation does exist.

(b)

Notification of compliance. If it is determined that a violation does not exist, the complainant shall be notified explaining the finding.

(c)

Notification of violation. If it is determined that a violation does exist, the zoning administrator or plan commission, in consultation with the village attorney, shall send a written notice as described herein to the property owner.

(d)

Issuance of stop work order. If the violation involves construction or any land development activity and continues after the date established in the notice, the village personnel or the zoning administrator shall:

(1)

Send a stop work order, as described in this division, by certified mail to the property owner or deliver it in person to the property owner, contractor, builder, or any other person engaged in work covered by the order; and

(2)

Post a stop work order in a prominent location on the site.

(e)

Lifting of stop work order. Upon substantial evidence that the violation has been removed or otherwise corrected, the village personnel or the zoning administrator shall lift the stop work order.

(f)

Initiation of court action. If the violation does not immediately cease on the premises, except to ensure compliance, or if the violation is not remedied within 30 days of the notification of violation, the zoning administrator or plan commission shall work with the village attorney to initiate court action as provided by in this chapter and as allowed by state law.

(Ord. of 12-17-2012, § 48-483)

(a)

Content. The notice of violation shall include the following:

(1)

A description of the violation;

(2)

The section of the code being violated;

(3)

A statement describing the measures that would remedy the violation;

(4)

The date by which the violation must be remedied; and

(5)

Information concerning penalties for continued noncompliance.

(b)

Effect of violation notice. Once a notice of violation has been issued pursuant to this chapter:

(1)

All construction, land development or other activity directly related to the violation, except that which is done to ensure compliance, shall cease. All other work that is in compliance may continue.

(2)

The village may not issue any other permits or approvals for any development on the premises that is directly related to the violation.

(Ord. of 12-17-2012, § 48-484)

(a)

Content. The stop work order shall include the following:

(1)

A description of the violation;

(2)

The section of the code being violated;

(3)

A statement describing the measures that would remedy the violation;

(4)

A statement that all work on the premises must cease immediately, until the zoning administrator or building inspector rescinds the stop work order; and

(5)

Information concerning penalties for continued noncompliance.

(b)

Effect of stop work order. Once a stop work order has been issued pursuant to this section:

(1)

All work on the premises shall cease until such time as it is lifted; and

(2)

The village may not issue any other permits or approvals for any development on the premises until such time as the order has been lifted.

(Ord. of 12-17-2012, § 48-485)

(a)

Inspections. Subject to applicable provisions of law, the zoning administrator, village building inspector, village engineer, village planner, or other authorized agent of the village shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of the wellhead protection overlay district. Upon request of the entity which is the subject of the inspection, and if permitted by the state public records requirements, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the appointed individual for the above stated purposes, the village may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.

(b)

Cleanup costs. As a substitute for, and in addition to any other action, the village may commence legal action against both the person who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs, together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a wellhead protection overlay district shall immediately cease such discharge and immediately initiate clean up satisfactory to the village and the other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally responsible for the cost of cleanup, consultant, or other contractor fees, including all administrative costs for oversight, review, and documentation, including wages for village employees, equipment, and mileage.

(Ord. of 12-17-2012, § 48-486)

The village or any aggrieved person may apply to a court of competent jurisdiction for temporary and/or permanent injunctive relief to enjoin and restrain any person violating a provision of this chapter and exercise all other rights and remedies provided by law or in equity.

(Ord. of 12-17-2012, § 48-487)

Any person who violates this chapter shall deemed guilty of a misdemeanor, and upon conviction forfeit a fee per violation along with the costs of prosecution, imprisonment in the county jail for not more than six months, or both. Each and every day the violation continues shall constitute a separate offense. (See Wis. Stats. § 62.23(8).) See schedule of fees.

(Ord. of 12-17-2012, § 48-488)