A.

On a corner lot in all zoning districts, no fence, wall, hedge, planting or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two and one-half feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining the points along the street lines twenty-five (25) feet from the point of intersection.

B.

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to fifty (50) feet.

(Prior code § 13-1-90)

A.

Loading Space Requirements. On every lot on which a new business, trade or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way:

B.

Multiple or Mixed Uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.

C.

Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within thirty (30) feet of the nearest point of intersection of two streets or require any vehicle to back into a public street.

D.

Design Standards. Each off-street loading space shall have a width of at least twelve (12) feet, a length of at least forty (40) feet, and a vertical clearance of at least fifteen (15) feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to ten (10) feet in width, twenty-five (25) feet in length, and eight feet in vertical clearance. All loading berths shall be completely screened from residential properties by building walls or a uniformly painted solid fence, wall or door, or any combination thereof, not less than eight feet in height.

E.

Surfacing. All open off-street loading berths shall be improved with a compacted gravel base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.

F.

Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.

G.

Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

H.

Central Loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:

1.

Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade;

2.

Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths);

3.

No zoning lot served shall be more than three hundred (300) feet removed from the central loading area;

4.

The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.

(Prior code § 13-1-91)

All new parking lots and all alterations of existing lots shall be subject to the approval of the village board, after a recommendation from the plan commission. Requests for the parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations.

The plan commission may accept less than the required number of parking stalls after it has been proven to the satisfaction of the plan commission and village board, that the proposed number of parking stalls will prove to be adequate for all future needs for the use, or that it is unpractical, or undesirable, to install the required number of parking stalls. This waiver shall be performed on a case-by-case basis.

In all districts, except those areas which are located in a fire district as designated on the official map, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following:

A.

Access. Adequate access to a public street shall be provided for each parking space.

B.

Design Standards. Each required off-street parking space shall have a stall width of at least nine feet and a stall length of at least eighteen (18) feet. Such space shall have a vertical clearance of at least six and one-half feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: Aisles shall be not less than twenty-four (24) feet wide for ninety (90) degree parking, eighteen (18) feet wide for sixty (60) degree parking, fifteen (15) feet wide for forty-five (45) degree parking (angle shall be measured between centerline of parking space and centerline of aisle), and twelve (12) feet wide for parallel parking. For parallel parking, the minimum length of the parking space shall be increased to twenty-three (23) feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street. Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.

C.

Location.

1.

Location to be on the same lot as the principal use or not over four hundred (400) feet from the principal use.

2.

Off-street parking is permitted in all yards of all districts except in the front yards of single-family and two-family residence districts but shall not be closer than five feet to a side lot line, right-of-way line or rear lot line.

3.

Off-street parking in the single-family resident and two-family residence districts is permitted in the front yard in the driveway, even though closer than five feet to a side lot line providing the driveway conforms to the requirements in Sections 12.32.010 and 12.32.020 of this code. Parking stalls for single and two-family residences may be placed one behind the other.

D.

Surfacing. All open off-street parking areas, except a single parking space accessory to a single-family dwelling, shall be surfaced with a dustless all-weather material capable of carrying a wheel load of four thousand (4,000) pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement). Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

E.

Landscaping Requirements.

1.

Landscaping. All public and private off-street parking areas which serve five vehicles or more and are created or redesigned and rebuilt subsequent to the adoption of this code shall be provided with accessory landscape areas totaling not less than ten (10) percent of the surfaced area. The minimum size of each landscape area shall not be less than one hundred (100) square feet.

2.

Location. Location of landscape areas, plant materials, protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the zoning administrator.

3.

Plans. All plans for such proposed parking areas, at the discretion of the zoning administrator and building inspector, shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs, and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.

4.

Special Residential Requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density, or other effective means, built and maintained at a minimum height of five feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from the lot line. The fence shall be located a minimum of one foot from the lot line.

5.

Street Setback Area. No parking shall be permitted between the street right-of-way line and the building setback line prevailing in the zone in which the proposed parking area is to be located. The resulting open area shall be planted in grass or otherwise landscaped to create a permanent green area.

6.

Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in association with unenclosed parking facilities provided in residence districts.

F.

Number of Stalls. Number of parking stalls required for newly created parking lots are shown in the following table:

G.

Uses Not Listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply. Floor space or area shall mean the gross floor area inside the exterior walls, where floor space is indicated above as a basis for determining the amount of off-street parking required.

H.

Handicapped Parking Requirements. In addition to any other requirements relating to parking spaces contained in this code, the provisions contained in Sections 101.13, 346.503 and 346.56, Wis. Stats., and any Wisconsin Administrative Code sections adopted pursuant thereto are adopted by reference and made applicable to all parking facilities whenever constructed.

I.

Changes in Buildings or Use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of fifty (50) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

J.

Off-Lot Parking.

1.

Required off-street parking spaces shall be located on the same lot with the principal use, or when this requirement cannot be met, such parking spaces may be located off-lot provided the parking spaces are located in the same district. Off-lot parking spaces shall also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the village attorney.

2.

Off-lot parking spaces for residential uses shall be within two hundred fifty (250) feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within three hundred (300) feet of the entrance of the establishment.

3.

Accessory parking may be located in residential districts provided that the lots or property are immediately adjacent to a commercial, business or industrial zoning district.

4.

All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of ten (10) feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.

(Ord. 2004-10 (part); Ord. 2004-03 § 4 (part); Ord. 2003-03 § 4 (part); undated ord.; prior code § 13-1-92)

A.

Private Access Restricted. No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.

B.

Public or Private Access Prohibited. No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

1.

Freeways, interstate highways and their interchanges or turning lanes nor to intersection of interchanging streets within one thousand five hundred (1,500) feet of the most remote end of the taper of the turning lanes.

2.

Arterial streets intersecting another arterial street within one hundred (100) feet of the intersection of the right-of-way lines.

3.

Streets intersecting an arterial street within fifty (50) feet of the intersection of the right-of-way lines.

C.

Public Access Barriers. Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

D.

Temporary Access. Temporary access to the above rights-of-way may be granted by the zoning administrator after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed twelve (12) months.

(Prior code § 13-1-93)

A.

Definitions—Recreational Vehicles. For purposes of this section, the following definitions shall apply:

"Boat" means every description of watercraft used or capable of being used as a means of transportation on water.

"Boat or snowmobile trailer" means a vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this chapter, is termed an unmounted boat or snowmobile.

"Recreational vehicle" means any of the following:

1.

Travel Trailer. A vehicular, portable structure built on a chassis and on wheels; that is, between ten (10) and thirty-six (36) feet long, including the hitch, and eight feet or less in width; designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. It includes so-called fifth-wheel units;

2.

Pick-up Coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses;

3.

Motor Home. A portable, temporary dwelling to be used for travel, recreation, vacation, or other uses, constructed as an integral part of a self-propelled vehicle;

4.

Camping Trailer. A canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses;

5.

Chassis Mounts, Motor Homes and Mini-Motor Homes. Recreational structures constructed integrally with a truck or motor van chassis and incapable of being separated therefrom;

6.

Converted and Chopped Van. Recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.

Yard, Front. "Front yard" means that part of a lot between the front lot line and the front(s) of the principal building on the lot, and extended to both side lot lines.

Yard, Rear. "Rear yard" means that part of a lot between the rear lot line and the back(s) of the principal building on the lot, and extended to both side lot lines.

Yard, Side. "Side yard" means that part of a lot not surrounded by building and not in the front or rear yard.

B.

Permitted Parking or Storage of Recreational Vehicles. In all residential and commercial districts provided for in this title, it is permissible to park and store a recreational vehicle or boat and boat trailer on private property in the following manner:

1.

Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zoning district where located.

2.

Parking is permitted outside in the side yard or rear yard provided it is not nearer than five feet to the lot line.

3.

Parking is permitted outside on a hard-surfaced or well-drained gravel driveway, provided:

a.

Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard;

b.

A corner lot is always deemed to have reasonable access to the rear yard;

c.

A fence is not necessarily deemed to prevent reasonable access;

d.

Inside parking is not possible;

e.

The unit is parked perpendicular to the front curb.

4.

The body of the recreational vehicle or boat must be at least fifteen (15) feet from the face of any curb.

5.

No part of the unit may extend over the public sidewalk or public right-of-way.

6.

Parking is permitted only for storage purposes. Recreational vehicles or boats shall not be:

a.

Used for dwelling purposes, except for overnight sleeping for a maximum of fourteen (14) days in any one calendar year. Cooking is not permitted at any time;

b.

Permanently connected to sewer lines, water lines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes;

c.

Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.

7.

Notwithstanding the above, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.

8.

The recreational vehicle or boat shall be owned by the resident on whose property the unit is parked for storage.

(Prior code § 13-1-94)

No person, firm or corporation shall park, keep or maintain on properties zoned as residential or multiple residential dwellings, the following types of vehicles: semi-tractors and trailers, dump trucks, auto wreckers and road machinery. Such vehicles may not be kept or parked on the premises whether or not they are in enclosed buildings, except for the purposes of unloading or servicing the premises. No semi-tractor and/or trailer parking shall be allowed on any village street.

(Ord. 2003-03 § 4 (part); prior code § 13-1-95)

A.

Purpose. To require and set minimum standards for outdoor lighting to:

1.

Provide lighting in outdoor public places where public health, safety and welfare are potential issues;

2.

Protect drivers and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe traverse;

3.

Protect neighbors and the night sky from nuisance glare and stray light from poorly shielded, aimed, placed, applied or maintained light sources;

4.

Promote efficient design and operation with regard to energy conservation;

5.

Protect and retain the established character of the village;

B.

Applicability.

1.

Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: multi-family residential, commercial, industrial, public-recreational and institutional;

2.

The building inspector may require lighting be incorporated for other uses or locations, as they deem necessary;

3.

The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, recreational and residential lighting. This subsection does not apply to temporary decorative lighting.

C.

Definitions. As used in this subsection:

"Footcandle" means a unit of illuminance stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter.

"Full cutoff" is a term used by the lighting industry to describe a lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than ten (10) percent of the lamp's light intensity is emitted at an angle ten (10) degrees below that horizontal plane, at all lateral angles around the fixture. Implicit in the definition is a fixture that is aimed straight down and has a flat lens.

"Glare" means the sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye. Glare is subjective and cannot be measured with a meter.

"Illuminance" means the intensity of incident light at a point, measured with a light meter in footcandles or lux.

"Light trespass" means light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited.

"Luminance" means the physical and measurable quantity corresponding to the brightness of a source or surface, e.g., a lamp, luminaire, reflecting material, in a specific direction and measurable with a luminance meter.

"Lux" means a unit of illuminance stated in lumens per square meter. There are approximately 10.7 lux per footcandle.

D.

Criteria.

1.

Illumination Levels.

a.

Lighting, where required or permitted by this subsection, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook or separately in IESNA Recommended Practices.

b.

Future amendments to the recommended practices shall become a part of this subsection without further action of the village.

Notes:

1.

Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.

2.

Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio. E.g., for high activity commercial parking, the average illuminance shall not exceed 3.6 footcandles (0.9 x 4).

2.

Lighting Fixture Design.

a.

Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the village.

b.

For lighting horizontal tasks such as private sidewalks, paths, entrances and parking areas, fixtures shall be aimed straight down, shall have flat lenses and shall meet IESNA full-cutoff criteria.

c.

For lighting roadways, public sidewalks, and public parking areas, the village may allow decorative street lighting without full cutoff as long as the fixtures are similar in nature to the Approved Public Luminaire Schedule on file in the village offices and from time to time amended.

d.

The use of floodlighting, spotlighting, wall-mounted fixtures, internally illuminated decorative globes and spheres and other fixtures not meeting IESNA full-cutoff criteria, shall be permitted only with the approval of the village, based upon acceptable justification and achievement of adequate glare control.

e.

When requested by the village, fixtures shall be equipped with light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or to reduce direct or reflected glare.

f.

For residential applications, fixtures with an aggregate per fixture output in excess of one thousand (1,000) lumens shall meet IESNA full-cutoff criteria.

g.

NEMA-head fixtures, a.k.a. "barn lights" or "dusk-to-dawn lights," shall not be permitted where they are visible from other uses, unless fitted with a reflector or shield to render them full cutoff.

3.

Control of Nuisance and Disabling Glare.

a.

All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property; shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. All outdoor light fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated.

b.

All outdoor lighting fixtures that light the area under outdoor canopies shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated. Outdoor canopies include, but are not limited to, the following applications:

i.

Fuel island canopies associated with service stations and convenience stores;

ii.

Exterior canopies above storefronts in shopping centers and malls;

iii.

Exterior canopies above driveways and building entrances;

iv.

Pavilions and gazebos;

c.

Floodlights and spotlights, when specifically approved by the village for use, shall be so installed or aimed that they do not project their output onto adjacent neighboring residences, adjacent uses, skyward or onto a public roadway or pedestrian way. Under no circumstances shall any light spillage exceed more than 0.5 footcandles at the lot line.

d.

Unless otherwise permitted by the appropriate officers or agents of the village, e.g., for safety or security of businesses that operate all night, lighting for commercial, industrial, public-recreational and institutional applications shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to permit extinguishing outdoor lighting fixtures between eleven p.m. and dawn, to reduce energy waste and mitigate nuisance glare and sky-lighting consequences.

e.

Lighting proposed for use after eleven p.m., or after normal hours of operation of a business, which ever is earlier, for commercial, industrial, institutional or municipal applications, shall be reduced by at least fifty (50) percent from then until dawn, unless supporting a specific purpose and approved by the appropriate officers or agents of the village.

f.

All illumination for advertising purposes is prohibited between eleven p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing.

g.

Flagpole lighting sources shall not exceed ten thousand (10,000) lumens per flagpole.

h.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

i.

In no case shall the illumination cast by a source or sources onto an adjacent residential property exceed 0.1 vertical footcandle measured line-of-site, from any point on the adjacent residential property.

j.

Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such lighting shall be automatically extinguished between the hours of eleven p.m. and dawn except as specifically approved by appropriate officers or agents of the village for sign lighting on the premises of all-night commercial operations. All such fixtures shall be so designed or fitted to concentrate the light output onto and not beyond the sign or billboard.

k.

Except as specifically approved by appropriate officers or agents of the village, fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of twenty (20) feet above finished grade. Fixtures not meeting IESNA "cutoff" criteria, when specifically approved by appropriate officers or agents of the village, shall not be mounted in excess of sixteen (16) feet above grade.

l.

Directional fixtures, e.g., floodlights or spotlights, for such applications as facade, fountain, feature, recreational and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, and shall be extinguished between the hours of eleven p.m. and dawn.

m.

The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during hours of darkness, except as specifically required by FAA.

4.

Installation.

a.

Electrical feeds for fixtures mounted on poles shall be run underground, not overhead.

b.

Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, shall be placed a minimum of five feet outside paved area, curbing or tire stops, or on concrete pedestals at least thirty (30) inches high above the pavement, or suitably protected by other approved means.

c.

Lighting fixtures shall not be mounted in excess of twenty (20) feet above grade.

5.

Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this section.

E.

Plan Submission.

1.

For subdivision and land-development applications where site lighting is required or proposed, lighting plans shall be submitted to the village for review and approval with any preliminary or final subdivision/land-development plan application and with any conditional use, special exception, variance application or building permit where applicable, and shall include:

a.

A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include in addition to area lighting, architectural lighting, building-entrance lighting, landscape lighting, etc.

b.

Ten (10) foot by ten (10) foot illuminance-grid (point-by-point) plot of maintained foot-candles, carried out to 0.0 footcandles, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in this subsection. The maintenance (light-loss) factor used in calculating the illuminance levels shall be documented on the plan.

c.

Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. A pole foundation detail is to be provided on the plan.

2.

When requested by appropriate officers or agents of the village, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and light trespass and to retain the village's intended character.

3.

Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the village for review and approval. A note to that effect shall be placed on the lighting plan.

F.

Post-Installation Inspection. The village reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this subsection, and if appropriate, to require remedial action at no expense to the village. A note to that effect shall be placed on the lighting plan.

G.

Compliance Monitoring.

1.

Safety Hazards.

a.

If appropriate officers or agents of the village judge a lighting installation creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action.

b.

If appropriate corrective action has not been effected within thirty (30) days of written notification, the village may commence legal action as provided in subsections I and J of this section.

2.

Nuisance Glare and Inadequate Illumination Levels.

a.

When appropriate officers or agents of the village judge an installation produces unacceptable levels of nuisance glare, direct skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the village may cause written notification of the person(s) responsible for the lighting and require appropriate remedial action.

b.

If appropriate corrective action has not been effected within thirty (30) days of notification, the village may commence legal action as provided in subsections I and J of this section.

H.

Nonconforming Lighting. Any lighting fixture or lighting installation existing on the effective date of this title that does not conform with the requirements of this title, shall be considered as a lawful nonconformance subject to the following:

1.

Unless minor corrective action is deemed by the village board to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter when:

a.

It is deemed by the village board to create a safety hazard;

b.

It is replaced, abandoned or relocated;

c.

There is a change in use of the property on which the area being illuminated is located.

I.

Violation—Penalty.

a.

Any person who violates or permits a violation of this subsection shall, upon being found liable therefore in a civil enforcement proceeding commenced by the village before the municipal court, pay a fine of not more than five hundred dollars ($500.00), plus all court costs including reasonable attorney's fees, incurred by the village in the enforcement of this subsection. No judgment shall commence or be imposed, levied or payable until the date of the determination of the violation by the municipal judge. If the defendant neither pays nor timely appeals the judgment, the village may enforce the judgment pursuant to the applicable state statutes and village ordinances. Each day a violation exists shall constitute a separate offense.

b.

The appropriate officers or agents of the village are authorized to seek legal and/or equitable relief, including injunction, to enforce compliance with this subsection.

J.

Abatement of Nuisances. In addition to any other remedies provided in this subsection, any violation of subsection (D)(3) of this section, Control of Nuisance and Disabling Glare, shall constitute a nuisance and shall be abated by the village by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction, including enforcement under applicable village nuisance ordinances.

(Ord. 2004-10 (part))