Grantsburg City Zoning Code
ARTICLE II
General Provisions
§ 595-8 Jurisdiction and general requirements.
A.
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Grantsburg.
B.
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C.
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
D.
Relationship with other laws. Where conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.
E.
Legal remedies. No provision of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land, buildings or other structures as a nuisance under the appropriate state laws.
§ 595-9 Use regulations.
Only the following uses and their essential services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
C.
Conditional uses.
(1)
Classes of conditional uses. Conditional uses may be denominated either "regular" or "limited."
(2)
General conditional use provisions. Provisions applicable to conditional uses generally:
(a)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article V of this chapter, excepting those existent at time of adoption of this chapter.
(b)
Those existing uses which are classified as conditional uses for the district(s) in which they are located at the time of adoption of this chapter require no action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
(c)
Proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(d)
A conditional use(s) when replaced by a permitted use(s) shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(e)
Provisions in this chapter relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provisions would then control), be deemed to be applicable to both regular and limited conditional uses.
(3)
Specific regular conditional use provisions. Provisions applicable specifically to regular conditional uses:
(a)
Regular conditional uses, either allowed by action of the Village Board or existent at time of adoption of this chapter, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and shall be subject to substitution with other conditional use(s) of the same or similar type without Village Board approval. Change to a conditional use of other than the same or similar type shall require procedures and approval in accordance with Article V.
(4)
Specific limited conditional use provisions. Provisions applicable specifically to limited conditional uses:
(a)
Limited conditional uses authorized by Village Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
D.
Uses not specified.
(1)
Uses not specified in this chapter which are found by the Plan Commission to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
(2)
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article V of this chapter.
§ 595-9.1 Smoke shops.
[Added 7-10-2023 by Ord. No. 2023-02]
A smoke shop, as defined in § 595-126, shall be a prohibited use in all zoning districts, except for the B-1 General Commercial District and B-2 Highway Commercial District. A smoke shop may be allowed as a conditional use in the B-1 General Commercial District and B-2 Highway Commercial District provided any such smoke shop shall not be within 1,500 feet of an elementary or secondary school, library, day-care center, park, playground, athletic fields, another smoke shop, any other business holding or required to hold a cigarette or tobacco license, any residential zoning district, or the Conservancy Zoning District. If the 1,500-foot setback standard is not met, the smoke shop is a prohibited use.
§ 595-10 Site regulations.
A.
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board and Plan Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or low bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of this subsection, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Village Board.
B.
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 40 feet at the front setback line; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
C.
Dedicated street. All lots shall abut a public street or Village-approved private road or way which is constructed to applicable Village standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D.
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Village Board, upon the recommendation of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
E.
Decks and porches. For purposes of this chapter, handicapped ramps, decks, porches and fireplace chases shall be considered a part of a building or structure for determining setback compliance.
F.
Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of said vacated area shall not be affected by such proceeding.
G.
Principal structures. All principal structures shall be located on a legal lot. Except in the case of planned unit developments, not more than one principal building or use and two accessory structures, including a private garage, may be located on a lot in any residential district.
H.
Prohibited dwelling units (accessory buildings, recreational vehicles, tents, etc.).
(1)
Except as provided in Subsection H(2) below, no cellar, basement or unfinished home, garage, tent, recreational vehicle, camper, recreational trailer or accessory building shall, at any time, be used as a dwelling unit. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes.
(2)
A recreational vehicle, camper or tent on private property not zoned for campground purposes may be occupied as living quarters for no more than seven days on parcels with no principal structure present or 21 days on parcels with a principal structure present within a ninety-day period. Such occupancy is permissible only with the written permission of the property owner.
I.
Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Zoning Administrator. The Zoning Administrator may impose conditions on such temporary uses.
J.
Screening regulations. Any use required by this chapter to be screened shall meet applicable bufferyard and screening requirements, specifically § 595-13.
K.
Number of permitted tenants. No owner of any dwelling shall lease or enter any lease of any one dwelling unit to more than six persons not related by blood, marriage, adoption or legal guardianship, living together as a single housekeeping unit and using common cooking facilities, or more than 10 persons living together as a single housekeeping unit and using common cooking facilities in a foster home wherein the foster parents have been licensed by the State of Wisconsin.
L.
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
(2)
No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.
M.
Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
N.
Double frontage lots. Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required year yard, provided that the setback requirements on both streets shall be complied with.
O.
Area required for rubbish containers. On all premises on which there will be constructed after the effective date of this chapter a new structure which will house six or more dwelling units, any existing building converted to six or more dwelling units after such date, or any rooming house or other residential structure having six or more occupants, there shall be provided a sufficient area as determined by the Plan Commission for screened refuse/recycling collection containers. Such area shall not be located in the front or street side yard and shall be accessible by motorized vehicles or other motorized equipment. Such area shall not be a required off-street parking area and shall be shown on the plot plan submitted at the time of application for a permit.
§ 595-11 Modifications; height, area and setback exceptions.
A.
Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1)
Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
(2)
Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks, are exempt from the height limitations of this chapter.
(3)
Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.
(4)
Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.
(5)
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, government offices and stations, may be erected to a height of 60 feet, provided that all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
B.
Yard. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1)
Chimneys, flues, sills, eaves, belt courses, ornaments, etc., may project into any required yard, but such projection shall not exceed two feet.
(2)
Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(3)
Landscaping and vegetation are exempt from the yard requirements of this chapter.
C.
Average building setbacks. In residential and business districts, except for corner lots, required setbacks shall be modified in the following cases:
(1)
Average front yards. The required front yards may be decreased in any residential or business district to the average of the existing street yards of the abutting principal structures on each side. Where 50% or more of the frontage on a block is occupied by principal structures having setbacks less than that required by this chapter, setback on each remaining lot shall be determined in accordance with the following rule. The front building line of a proposed structure shall be no nearer to the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this chapter.
(2)
Additions. Additions in the front yard of existing structures shall not project beyond the average of the existing front yards on the abutting lots or parcels.
D.
Corner side yards. The required side yard on the street side of corner lots shall be at least 50% greater than the minimum specified for the district.
§ 595-12 Parcels not served by public sewer or water.
In any location where the Village Board determines that public water service or public sewage service is not in the public interest due to excessive cost, terrain, etc., the lot shall have adequate soils for the construction and operation of private individual sewage treatment and private individual water systems and sufficient area for at least one replacement private sewage treatment system according to Ch. SPS 383, Wis. Adm. Code. Such determination shall be made by the Village Board based on whether unique circumstances exist and the overall well-being or best interests of serving the citizenry with public sewer/water facilities, pursuant to the requirements of Chapter 440, Sewers, § 440-4F(1), of this Code.
§ 595-13 Screens and buffers.
A.
Required screens and buffers. Where screens or buffers are required by this chapter or the Village Board to reduce the impact of existing or proposed uses on adjacent properties, the following standards in Subsections B and C shall be followed. Bufferyards and screens may be required jointly or separately.
B.
Bufferyards. Bufferyards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required bufferyard shall be determined by the Plan Commission, upon the recommendation of the Zoning Administrator. The minimum width shall be 10 feet.
C.
Screens. Screens are barriers located in a limited space (10 feet or less) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a year-round screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months. The design of all screens shall be approved by the Zoning Administrator.
§ 595-14 Filling activities.
A.
Purpose. The purpose of this section is to:
(1)
Regulate filling activities in order to avoid or mitigate negative impacts of changes to existing drainage patterns.
(2)
Monitor the amount and type of material brought into the Village or transferred between sites within the Village of Grantsburg.
(3)
Prevent the creation of hazardous conditions or nuisances from filling activities.
(4)
Prevent conflict with the installation of future underground public utilities.
(5)
Promote the public health, safety and general welfare of the citizens of the Village of Grantsburg without preventing the reasonable development of land.
(6)
Encourage site development on public and private property in such a manner as to minimize hazards to life, health, property and natural resources.
(7)
Preserve and enhance the Village's physical and aesthetic character.
(8)
Minimize surface water runoff and diversion which may contribute to flooding and erosion.
(9)
Reduce siltation in the Village's streams and stormwater system, and public roadside improvements, and in area streams and waterways.
(10)
Promote building and site planning practices that are consistent with the Village's natural topography, soils, and vegetative features.
(11)
Implement and further the Village's Comprehensive Plan and its components.
B.
Scope. This section is not intended to apply to businesses such as landscaping, nurseries, excavating businesses, or others that regularly stockpile fill material, as defined herein, on the same property as the business. This section does not apply to activities regulated by the State of Wisconsin pursuant to Chapter NR 718, Management of Contaminated Soil or Solid Wastes Excavated During Response Actions, of the Wisconsin Administrative Code or any successor regulation.
C. ACCEPTABLE EARTH MATERIALS ACCEPTABLE FILL MATERIAL ACCEPTABLE ORGANIC MATERIALS COMPLETED APPLICATION FILL MATERIAL FILLING; FILLING ACTIVITIES
Definitions. For the purposes of this section, the following definitions shall apply:
Soil, topsoil, clay, sand, gravel, rock, stone, or other similar material.
Acceptable organic materials and acceptable earth materials, as defined herein, which are free from cinders, ashes, refuse, soft or plastic clays, and vegetable or other similar organic matter such as food waste, trees, branches, or stumps. Acceptable fill material shall be capable of being compacted. Up to 10% of acceptable fill material may be cobbles (small boulders) or bricks, not more than 24 inches in size in any direction.
Wood chips, shredded or chopped bark, sawdust, or similar material.
An application which meets all of the requirements as set forth in this section and which has been submitted to the Village along with the required number of copies and required fee.
Any material of any description which is capable of being deposited on land.
Any depositing or stockpiling of any fill material.
D.
Prohibitions. No person shall engage in any activity that involves fill material without a permit, except as provided by this section.
E.
Permit required; exceptions.
(1)
A permit shall be required for any activity that involves fill material as defined herein being brought onto a property from an off-site location.
(2)
A permit is not required for the following fill activities:
(a)
When the total amount of fill material to be brought onto a property is less than 50 cubic yards. A permit is required when the cumulative total amount of fill material brought onto a property over any period of time, starting with the original effective date of this section, is 50 cubic yards of fill.
(b)
When the fill material is to be brought onto a site for a public improvement project which has been duly authorized by the appropriate public agency or agencies. For the purposes of this section, a public improvement project shall be defined as a project funded with federal, state or municipal moneys, such as roads, utilities, parks, public buildings, or similar projects.
(c)
The construction of any use which is subject to site plan review in accordance with the requirements of this Zoning Code.
(d)
Ground restoration activities for public utility construction.
F.
Application.
(1)
An application for a fill permit shall be made by the landowner and shall be filed with the Zoning Administrator who shall provide the application form. The application shall include a fee as determined by Village Board resolution from time to time.
(2)
An application for a fill permit shall contain the following information:
(a)
The address and signature of the property owner and the business address of the person who will conduct the filling operation.
(b)
The tax parcel number of the property where the fill activity will take place.
(c)
The nature of the proposed project, the type of fill material to be brought onto the site, an estimate of the number of cubic yards of materials involved, and the depth and composition of proposed fill material.
(d)
A statement of the manner in which the project work is to be completed, the kind of equipment proposed to be used and estimated frequency of vehicle trips.
(e)
The proposed route which the applicant proposes to use over the public streets and over private property in transporting fill material.
(f)
The time within which the project is to be commenced after the granting of the permit and the time when it is to be completed.
(g)
The measures that will be taken by the applicant to control noise, vibration, dust, and traffic, and the measures that will be provided during the project to prevent soil, dust, or other materials from being deposited on adjoining lands or public or private streets or in waterways through erosion by wind or water.
(h)
A description of any traffic control devices, public facilities, or public services which will be required for the proposed operation, and a statement indicating how these will be provided.
(i)
Any measures which the applicant proposes to take to ensure public safety, especially the prevention of trespass by children or recreational vehicles on land where filling activities may create a hazardous situation.
(j)
A drawing of the property which shall contain the following information unless waived by the Zoning Administrator:
[1]
North arrow.
[2]
The dimensions of the lot and acreage.
[3]
The dimensions of the area to be filled and proposed phasing and method of stabilization for each phase.
[4]
The location of all roads bordering or on the property.
[5]
The location of any power or gas lines on the property.
[6]
The location of any easements on the property.
[7]
Existing drainage patterns on the site.
[8]
Natural features, such as significant vegetation, bodies of water, wetlands, and streams, on the site as well as within 500 feet of the site.
[9]
The location, size and use of buildings or other improvements on the land to which the permit is to apply, as well as any buildings, structures, or other improvements within 100 feet of the property to which the permit is to apply.
[10]
Ingress and egress to the property.
[11]
If the estimated fill volume is 500 cubic yards or more, a drawing of the property at a scale not to exceed one inch equals 200 feet, showing any driveways or roads within 125 feet of the driveway to the site, and which must illustrate existing and proposed contours at four-foot intervals (minimum) on the site and extending 100 feet beyond the boundaries of the site. Such contours shall be certified by a registered engineer, surveyor, or landscape architect.
[12]
Additional information as the Zoning Administrator may reasonably require to assist in reviewing the application.
[13]
The names and addresses of all owners of property within 200 feet of the property where the fill activity will take place.
(3)
The applicant shall submit two copies of the application if the estimated fill volume is greater than 50 and less than 500 cubic yards. The applicant shall submit 18 copies of the application if the estimated fill volume is 500 cubic yards or more.
G.
Notice to neighboring landowners. Upon receipt of a completed application, the Zoning Administrator shall by regular mail provide notice of the application to the record address of all owners of property within 200 feet of the property where the fill activity will take place. The notice shall inform each owner of a right to file comments on the application within two weeks of the date the notice is mailed.
H.
Review by Zoning Administrator. The Zoning Administrator shall approve or disapprove all applications for fill activities involving between 50 and 500 cubic yards of fill material. The Zoning Administrator may, however, refer any such application to the Plan Commission and Village Board for review and disposition. If, in the opinion of the Zoning Administrator, the proposal described in the application is in compliance with the requirements of this section, and if the application is for a permit involving less than 500 cubic yards, a fill permit shall be issued to the applicant. If the application or the proposal described therein does not meet the requirements of this section, the Zoning Administrator shall so notify the applicant in writing, stating the reasons for denial of the permit. Any person or party who is adversely affected by a decision of the Zoning Administrator under this section may appeal such decision as provided in Article XV of this chapter.
I.
Review by Plan Commission and Village Board. The Zoning Administrator shall review for completeness and compliance with this section all applications for fill activities involving over 500 cubic yards of fill material. The Zoning Administrator shall refer to the Plan Commission for review all completed applications for such fill activities. The Zoning Administrator shall return to the applicant any application that is not a completed application. After review and recommendation by the Plan Commission, the Village Board shall approve, disapprove or conditionally approve all completed applications for fill activities involving over 500 cubic yards of fill material, and any completed application for less than 500 cubic yards of fill material referred by the Zoning Administrator for Village Board decision under Subsection H, pursuant to the procedures set forth below:
(1)
The Zoning Administrator shall place the application on the next appropriate Plan Commission agenda for a public hearing. The Zoning Administrator shall follow the public hearing notification procedures as set forth in § 595-50.
(2)
The Plan Commission shall hold a public hearing on the application and shall make a recommendation on the application based on the information presented to it.
(3)
The Plan Commission may recommend approving, denying, modifying, or approving with conditions the application.
(4)
If the proposed operation is in compliance with the requirements of this section, the Plan Commission shall recommend the application for approval.
(5)
The Village Board shall consider the recommendation of the Plan Commission and, if it determines that the proposed operation is in compliance with the requirements of this section, it shall instruct the Zoning Administrator to issue a fill permit. If the proposed operation fails to meet the requirements of this section, the Village Board shall deny the permit and instruct the Zoning Administrator to notify the applicant, in writing, of the reasons for denial.
J.
Standards for approval. The following standards shall serve as the basis for decisions involving fill permits. In making the following determinations, the Zoning Administrator or Plan Commission and Village Board, as the case may be, shall take into account any comments received in response to the notice provided under Subsection G above. In order to issue a permit, the Zoning Administrator or Village Board, as the case may be, must find that each of the following standards is met:
(1)
The operation shall not interfere with existing drainage patterns. If the fill does interfere with existing drainage patterns, the applicant shall bear the burden of establishing that the interference does not have a negative impact on adjoining properties or on other properties, streams, or waterways, including but not limited to the creation or contribution to landslides, flooding, erosion, increased turbidity, siltation, or other form of pollution to a watercourse or water body.
(2)
The operation shall not result in hazardous traffic situations from vehicles entering or leaving the site.
(3)
The operation will be carried out in a manner that will not be detrimental to nearby persons or property by reason of excessive production of traffic, noise, dust, fumes, or odor.
(4)
The fill material is not hazardous, toxic or otherwise a threat to the public health, safety, and general welfare and complies with the type of fill permitted by this section.
(5)
The resulting elevation of the land will be compatible with elevations on adjacent properties.
(6)
The fill will not restrict a floodway or destroy the storage capacity of a floodplain.
(7)
Fill slopes shall not be constructed on natural slopes which are steeper than two horizontal to one vertical.
(8)
The slopes of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes exceeding five feet in depth shall be no steeper than two horizontal to one vertical, except where approved retaining walls are engineered and installed.
(9)
When the owner of any parcel shall raise, lower or alter the level or existing grade of a site by a fill or excavation, he shall at his own expense protect all adjoining property from encroachment by such fill or from danger of collapse due to such excavation either by the erection of an engineered retaining wall or by sloping the sides of such fill or excavation entirely within the confines of the site in a manner approved by the Zoning Administrator or Village Board.
(10)
Cut and fill slopes shall be provided with subsurface and surface drainage as necessary to retain slope stability.
(11)
The faces of slopes shall be prepared and maintained to control erosion. Check dams, riprap, plantings, terraces, diversion ditches, sedimentation ponds, straw bales or other devices or methods shall be employed where necessary to control erosion and provide safety. Devices or procedures for erosion protection shall be initiated or installed before grading operations and shall be maintained in operable condition by the owner.
K.
Restrictions governing permit holders. Every person to whom any permit is granted under this section shall comply with the following:
(1)
The topsoil for the area to be filled shall first be removed before any fill is brought onto the site. If stockpiled on site, the topsoil shall be no higher than 12 feet and comply with Subsection J(6) herein.
(2)
All vehicles transporting fill material from or to a project over public streets in the Village shall follow the truck route approved with the application.
(3)
The resulting elevation of the land shall be compatible with the surrounding area and the land shall be left in a condition suitable for subsequent development for uses permitted in the zoning district in which the land is zoned.
(4)
If, at the time the permit is granted, the Zoning Administrator shall determine that any project will present a dangerous condition if left open and unfenced, then such project shall be enclosed by chain-link, wire mesh, or snow fence completely surrounding the portion of the land where the project extends, said fence to be not less than four feet in height and to be complete with gates, such gates to be kept locked when operations are not being carried on. Barbed wire shall not be used as part of any such fence.
(5)
Any fill material that may be spilled on any public street or public place from any vehicle transporting materials from the project site shall be immediately removed without damage to the public street or public place at the expense of the permit holder.
(6)
Any on-site roads used for the purpose of ingress and egress to the site which are located within 300 feet of any occupied residential, commercial or industrial establishment must be treated to reduce airborne dust by hand-topping with concrete, asphalt, chemical treatment, or such other means as may be proposed by the applicant and approved by the Zoning Administrator or Village Board at the time a permit is granted.
(7)
The slopes of the banks of the materials dumped, stockpiled, or used as fill shall not exceed two horizontal to one vertical and shall be compatible with adjoining grades and land uses. However, the Zoning Administrator or Village Board may, at the time a permit is granted, prescribe more lenient or stricter requirements.
(8)
Filling activities shall not interfere with or change existing surface water drainage so as to be detrimental to nearby properties.
(9)
As phases of the fill operation are completed they shall be stabilized by ground cover by the applicant to prevent erosion by wind and water. The Zoning Administrator shall approve the stabilization plan so that continuing fill activities will avoid newly stabilized areas.
(10)
The Plan Commission or Zoning Administrator may require additional performance standards or stricter performance standards than are provided herein where, because of peculiar conditions, such standards are necessary to achieve the purposes of these regulations. In addition, the Village Board may also attach and impose conditions, restrictions, or requirements as it shall determine are necessary to achieve the purposes of these regulations. Violations of any performance standard, condition, restriction or requirements imposed by the Village Board shall be deemed a violation of these regulations.
(11)
Conditions imposed by the Zoning Administrator or Village Board shall remain unchanged unless a change is mutually agreed to by the applicant and the Zoning Administrator or Village Board in writing.
(12)
An authorized inspection official of the Village of Grantsburg may, at all reasonable times, enter upon any public or private premises for inspection purposes and may require production of the permit and plans for any and all excavation and topography changes. No person shall interfere with or refuse to permit access to any such premises to such inspector while in the performance of his duties.
L.
Project completion. In order to ensure that fill activities authorized by this section are carried out to completion, the following procedures shall be followed:
(1)
Upon completion of a project or expiration of a fill permit, the applicant shall contact the Zoning Administrator to arrange for an inspection of the site. If the requirements have not been met, the Zoning Administrator shall notify the applicant in writing of the permit deficiencies and shall pursue permit compliance as authorized by this section.
(2)
For those permits approved by the Village Board, the above procedure shall be followed. In addition to this, the applicant shall retain the services of a registered engineer or surveyor to certify that the final elevations of the fill activity comply with those illustrated by this section.
M.
Bond and insurance. The Village Board or Zoning Administrator may require as a condition to the granting of a permit that the applicant file or deposit with the Village Clerk or Treasurer performance securities in the form of a performance bond, cash, certified or cashier's check payable to the Village of Grantsburg, or an irrevocable bank letter of credit, in a form satisfactory to the Village Attorney. The Village Board or Zoning Administrator shall, in establishing the amount of the surety, consider the scale of the operations, the prevailing costs to rehabilitate the property upon default of the operator, court costs, and other reasonable expenses to guarantee that the applicant will fully and faithfully perform all applicable performance standards, conditions, restrictions, and requirements of these regulations. An engineer may be consulted in determining the amount of the surety, and such consultation costs shall be added to the permit fee. The Village Board may also require, as a condition to the granting of any such permit, that the applicant deposit a certificate of an indemnity company licensed to do business in the State of Wisconsin or a letter of credit, in an amount reasonably relevant to the proposed work to be done as specified by the Village Board, insuring the Village of Grantsburg against any loss or damage to persons or property arising directly or indirectly from the operations of the applicant, or any person acting on his behalf, in carrying on any work connected directly or indirectly with the issuance of said permit.
N.
Expiration of permit. A permit granted under this section shall be valid for one year, at which time it shall automatically expire. A permit holder may apply to the Zoning Administrator for renewal of a permit upon payment of the renewal fee as set from time to time by the Village of Grantsburg.
O.
Suspension or revocation of permit. Any permit granted under these regulations may be suspended or revoked for failure to comply with any provisions of this section or with any of the performance standards, conditions, restrictions or requirements attached and imposed as part of the issuance of a permit. The Zoning Administrator or his designee may suspend a permit and issue a stop-work order if there are grounds to reasonably believe that any provision of this section or any condition of the permit is being violated. The Village Board may revoke a permit after a hearing held on 10 days' written notice to the permit holder stating the grounds for the revocation, and stating the time and place where such hearing will be held.
§ 595-15 Annexation of territory.
The procedures for annexation of territory are prescribed by the Wisconsin Statutes, including but not limited to § 66.0217, Wis. Stats.
§ 595-16 Extension of utilities.
Village public utilities will only be extended into and provided to those areas which are within the corporate limits of the Village of Grantsburg at the time of the utility extension unless provided otherwise by intergovernmental agreement.