The Community Development Manager of the City of Greenfield is designated as the Zoning Administrator of said City, to be responsible for enforcing this Zoning Code. Said Zoning Administrator shall have the power and shall see that the provisions of this Code are properly enforced. (Am. #2796)

A.

Duties of the zoning administrator. In the enforcement of this Code the Zoning Administrator shall perform the following duties:

1.

Advise applicants as to the provisions of this Code and assist them in preparing application forms.

2.

Issue the necessary Zoning Permits, Special Use Permits, and other permits as provided for in the provisions of this Code and assure that the provisions of this Code have been complied with.

3.

Inspect properties for compliance with this Code.

4.

Keep an accurate record of all permits issued, interpretations made, inspections made, work approved, and other official actions.

5.

Have access to any structure or premises at any reasonable time for the purpose of performing these duties.

6.

Issue citations for violations of this Code.

7.

Issue stop work orders for violations of this Code. The removal of said stop work orders shall be unlawful.

8.

Create such forms and procedures deemed necessary to administer and enforce this Code.

B.

Authority. In the enforcement of this Code the Zoning Administrator shall have the power and authority for the following:

1.

At any reasonable time, and for any proper purpose, to enter upon any public or private premises and make inspection thereof.

2.

Upon reasonable cause or question as to proper compliance, to revoke any Zoning Permit, Building Permit, or Occupancy Permit and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use that is in violation of the provisions of this Code, such revocation to be in effect until reinstated by the Zoning Administrator or the Zoning Board of Appeals.

3.

In the name of the City, and with authorization of the Common Council for matters initiated in Circuit Court and without authorization of the Common Council for matters initiated in Municipal Court, commence any legal proceedings necessary to enforce the provisions of this Code or the City Building Code including the collection of forfeitures provided for herein.

In all zoning districts no vacant land shall be occupied or used and no building shall be erected, structurally altered, relocated, or used including, but not limited to, use by a new use or changed use, or use by a new owner or tenant, until a Zoning Permit has been approved by the Zoning Administrator to certify that any such site, building, or use complies with the provisions of this Code (including off-street parking requirements). No Zoning Permit is required for uses requiring a Special Use Permit.

A.

Zoning permit requirements in the MFR-1, MFR-2, MFR-3, C-1, C-2, C-3, C-4, C-5, O, BP, M-1, I, PR, and PUD (except single-family and two-family residential dwelling structures) Districts. Except for single-family detached and two-family attached residential dwelling structures in the MFR-1, MFR-2, MFR-3, and PUD Districts, the following are the Zoning Permit requirements in the MFR-1, MFR-2, MFR-3, C-1, C-2, C-3, C-4, C-5, O, BP, M-1, I, PR, and PUD Districts:

1.

Application. Application for a Zoning Permit shall be made in duplicate to the Zoning Administrator for consideration of the intended use. The Zoning Permit application shall include the following:

a.

The name, address, and phone number of the applicant or agent to be contacted regarding the application.

b.

Description of the property by lot, block, and recorded Subdivision, Certified Survey Map, Plat of Survey, or by metes and bounds; the address of the subject site; type of structure; a word description of the existing and proposed operation or use of the structure or site; number of employees; the zoning district within which the subject site lies; and any other information pertinent to an adequate understanding of the intended use by the Zoning Administrator, City Engineer, and Plan Commission (when a Site Plan is involved).

c.

A Site Plan of the property in a form and indicating information and data as set forth under the requirements of Division 21.07.0100 of this Code.

2.

Review of site plan. The Zoning Administrator, after scheduling an appearance before the Plan Commission for review of the Site Plan, shall refer the application and related data to appropriate City Departments and the Site Plan to the Plan Commission for their study and/or comment before the Plan Commission meeting.

3.

Zoning permit application consideration by Zoning Administrator. In considering the application, the Zoning Administrator shall take into account the basic intent of this Code to ensure attractive, efficient, and appropriate development of land in the community and ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property values.

4.

Issuance of zoning permit. If such use complies with the requirements of this Code and such other additional measures as may be imposed pursuant to the requirements of this Code, the Plan Commission shall approve the Site Plan and the Zoning Administrator shall authorize the issuance of a Zoning Permit.

B.

Zoning permit requirements for single-family detached and two-family attached residential dwelling structures in the residential districts. The following are the Zoning Permit requirements for the R-1, R-2, R-2A, R-3, R3A, R-4, R-4A, and R-4B Districts and single-family detached and two-family attached residential dwelling structures in the MFR-1, MFR-2, MFR-3, and PUD Districts:

1.

Application. Application for a Zoning Permit shall be made in duplicate to the Zoning Administrator for consideration of the intended use. The Zoning Permit application shall include the following:

a.

The name, address, and phone number of the applicant or agent to be contacted regarding the application.

b.

Description of the property by lot, block, and recorded Subdivision, Certified Survey Map, or by metes and bounds; the address of the subject site; type of structure; a word description of the existing and proposed operation or use of the structure or site; the zoning district within which the subject site lies; and any other information pertinent to an adequate understanding of the intended use by the Zoning Administrator.

c.

The Zoning Administrator may require a Site Plan of the property in a form and indicating information and data as set forth under the requirements of Division 21.07.0100 of this Code.

2.

Zoning permit application consideration by Zoning Administrator. In considering the application, the Zoning Administrator shall take into account the basic intent of this Code to ensure attractive, efficient, and appropriate development of land in the community and ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property values.

3.

Issuance of zoning permit. If such use complies with the requirements of this Code and such other additional measures as may be imposed pursuant to the requirements of this Code, the Zoning Administrator shall authorize the issuance of a Zoning Permit. For the purposes of this section, a Zoning Permit may be issued in the form of a Building Permit for the R-1, R-2, R-2A, R-3, R3A, R-4, R-4A, and R-4B Districts and single-family detached and two-family attached residential dwelling structures in the MFR-1, MFR-2, MFR-3, and PUD Districts.

C.

Zoning permit expiration. A Zoning Permit shall expire if within one (1) year of the date of issuance of a Zoning Permit the proposed construction or preparation of land for use has not commenced or if the use has not occupied the structure or location. Upon the showing of valid cause by the applicant, the Zoning Administrator may grant an extension of such Zoning Permit for a period not to exceed one (1) month.

D.

Enforcement. Failure to comply with this section relating to Zoning Permits may be enforced pursuant to Division 21.08.0500 of this Code, or any other provision of law including but not limited to: revocation of the Zoning Permit, injunction, or other civil suit.

A.

General. It is recognized that there are uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:

1.

Uses publicly operated or traditionally affected with a public interest.

2.

Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

B.

Initiation of special uses. Any person owning or having an interest in the subject property may file an application to use such land for one (1) or more of the special uses provided for in this Code and in the zoning district in which the land is situated.

C.

Application for special uses. A special use application for a special use, or for the expansion of an existing special use, shall be filed with the Zoning Administrator or the Zoning Administrator's designee on a special use application form prescribed by the Zoning Administrator. The special use application shall be accompanied by:

1.

Name and address. Name and address of the applicant.

2.

Plat of survey required. A Plat of Survey prepared by a registered land surveyor showing the legal description, location, and boundary of the subject property.

3.

Site plan required. A Site Plan of the property and proposed use shall be required indicating information, data, and/or plans as set forth under the requirements of Division 21.07.0100 of this Code.

4.

Presence of natural resource features. If natural resource features are present on the subject property, a "Natural Resource Protection Plan" meeting the requirements of Division 21.07.0200 of this Code and site capacity and intensity calculations prepared in conformance with the required forms and meeting the requirements of Division 21.04.0500 of this Code.

5.

Statement required that the special use conform to Zoning Code standards. A statement in writing by the applicant and evidence showing that the proposed special use will conform to the standards set forth in Division 21.04.0700 of this Code and those other standards set forth in this Code which may also be applicable.

6.

Additional information required. Plans or data prescribed on the application form

D.

Hearing on special use application.

1.

General. Upon receipt in proper form of the application and statement referred to above, the Common Council shall hold at least one (1) public hearing. At least ten (10) days before such hearing, but not more than thirty (30) days, notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Greenfield. Due notice shall also be given to property owners of properties located within four hundred (400) feet of the affected property. If a portion of any property is included in a proposed special use request, the four hundred-foot radius shall be measured from the perimeter of that whole parcel. (Am. #2507)

2.

Special uses in the FW, FF, and GFP Districts. See the requirements of Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code.

E.

Authorization of special uses. For each application for a special use, the Plan Commission shall report to the Common Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Common Council may grant or deny any application for a Special Use. A copy of all decisions granting special uses in floodlands shall be transmitted by the Council Secretary to the State Department of Natural Resources and the Region 2 Water Resources Advisory Board within the time period specified under the provisions of Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code.

F.

Effect of denial of a special use. No application for a special use which has been denied wholly or in part by the Common Council shall be resubmitted for one (1) year from the date of said order of denial.

G.

Revocation and expiration. In any case where a special use has not been established within one (1) year after the date of granting thereof, then without further action by the Plan Commission or the Common Council, the special use authorization shall be null and void unless upon the showing of valid cause by the applicant, the Common Council may grant an extension of such Special Use Permit for a period not to exceed one (1) year.

H.

Change of tenant or ownership. The Plan Commission shall review Special Use Permits at the time of any change in tenant or ownership of the property for which the Special Use Permit was issued. During such review, the Plan Commission shall determine if the change of tenant or ownership has resulted in any change of the provisions or conditions of the Special Use Permit. If such changes have occurred to said special use provisions or conditions, the Common Council may hold a public hearing on the Special Use Permit pursuant to the requirements of Section 21.08.0103D of this Code.

A.

When an occupancy permit is required. A Occupancy Permit to be issued by the Building Inspector shall be required for any of the following, except buildings incidental to agricultural operations other than residences:

1.

Occupancy and use of a building hereafter erected or enlarged.

2.

Change in use of an existing building.

3.

Any change in the use of a nonconforming use.

4.

Change of occupant.

B.

No occupancy, use, or change of use shall take place. No such occupancy, use, or change of use shall take place until a Occupancy Permit therefore shall have been issued.

C.

Site plan approval required for occupancy permit.

1.

If a Site Plan is a requirement of a zoning district, no person shall commence any use or erect any structure or obtain a Building Permit without first obtaining the approval of a Site Plan by the Plan Commission as set forth in this Code, and no use shall be carried on, no structure erected or enlarged and no other improvement or construction undertaken except as shown on approved Site Plan. The remodeling of the interior of existing structures is exempt from the requirements of this section.

2.

No Occupancy Permit shall be granted until all improvements shown on a Plan Commission approved Site Plan have been completed in accordance therewith; provided, that upon a finding by the Building Inspector that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard, the Zoning Administrator may issue a temporary Occupancy Permit bearing an expiration date, which date shall allow reasonable time for completion, upon posting a cash bond to the Zoning Administrator, in double the sum estimated by the Building Inspector to be needed to complete all required improvements, conditioned on completion of all required improvements prior to the date of expiration of the temporary Occupancy Permit.

3.

Temporary Occupancy Permit.

a.

Acceptance of a temporary Occupancy Permit implies consent to application of the bond money for the completion of any required improvements not completed prior to the expiration date of the temporary Occupancy Permit and forfeiture of any portion thereof not so applied. No action or inaction by the City regarding any required improvements shall serve to extend the time of validity of any temporary Occupancy Permit.

b.

A temporary Occupancy Permit may, however, be extended in time, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.

D.

Undeveloped land within the fw, ff, and gfp districts.

1.

No undeveloped land within the FW, FF, and GFP Districts shall be occupied, developed, or used, and no structure hereafter erected, altered, substantially improved, or moved shall be occupied until the applicant submits to the Zoning Administrator a certification by a Wisconsin registered professional engineer or land surveyor that the floodplain regulations set forth in this Code have been fully complied with. Such certification shall include the first floor elevation of any structure erected on the site.

2.

Pending the issuance of such a certificate, a temporary Occupancy Permit may be issued by the Zoning Administrator for not more than six (6) months during the completion of the construction of the building or of alterations required under the terms of any law, code, or ordinance. Such temporary certificates may be renewed, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or the City relating to the use or occupancy of the land or building, or any other matter covered by this Code, and such temporary Occupancy Permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

E.

Application for a occupancy permit. Written application for a Occupancy Permit for the use of vacant land, or for a change in a nonconforming use, as herein provided, shall be made to the Building Inspector.

F.

Issuance of a occupancy permit. If the proposed use is in conformity with the provisions of this Code, the Occupancy Permit therefore shall be issued within seven (7) days after the application for the same has been made.

G.

Form of occupancy permit and permanent record. Each Occupancy Permit shall state that the building or proposed use of a building or land complies with all provisions of this Code. A record of all Certificates of Occupancy shall be kept on file in the office of the Building Inspector and a copy shall be forwarded, on request, to any person having proprietary or tenancy interests in the building or land affected.

H.

Occupancy permit not required for gas and electric utility uses issued a certificate of public convenience and necessity. No Occupancy Permit shall be required for gas and electric utility uses which have been issued a Certificate of Public Convenience and Necessity pursuant to Section 196.491 of the Wisconsin Statutes as amended.

I.

Occupancy permit expiration. A Occupancy Permit shall expire if within six (6) months of the date of issuance of a Occupancy Permit the proposed use has not occupied the structure or location. Upon the showing of valid cause by the applicant, the Zoning Administrator may grant an extension of such Occupancy Permit for a period not to exceed six (6) months.

See the provisions set forth in Division 21.07.0100 of this Code.

See the provisions set forth in Division 21.07.0400 of this Code.

Applications for a Zoning Appeal shall include the following (Also see the provisions set forth in Division 21.09.0200 of this Code):

A.

Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.

B.

Plat of survey. For an appeal that involves a specific property, the Zoning Administrator may require a Plat of Survey prepared by a registered land surveyor showing all of the information required under Section 21.08.0102 of this Code for a Zoning Permit.

C.

Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:

1.

Indication of the section(s) of the Code being appealed.

2.

A statement regarding the appeal requested, giving distances and dimensions where appropriate; or, for an appeal of a decision of the Zoning Administrator or Building Inspector, the circumstances and appeal being requested.

3.

A statement of the reason(s) for the request.

4.

A statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district which cause the hardship. [Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.]

5.

Date of any previous application for an appeal and the disposition of the previous application (if any).

D.

Additional information. Additional information as required by the Plan Commission, City Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the Zoning Appeal Application Form.

Applications for a zoning special exception shall include the following (also see the provisions set forth in Division 21.09.0200 of this Code):

A.

Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.

B.

Plat of survey. The Zoning Administrator may require a Plat of Survey prepared by a registered land surveyor showing all of the information required under Section 21.08.0102 of this Code for a Zoning Permit.

C.

Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:

1.

Indication of the section(s) of the Zoning Code from which a special exception is requested.

2.

A statement regarding the special exception requested, giving distances and dimensions where appropriate.

3.

A statement of the reason(s) for the request.

4.

Date of any previous application for a special exception and the disposition of the previous application (if any).

D.

Additional information. Additional information as required by the Plan Commission, City Engineer, Zoning Board of Appeals, Zoning Administrator, Building Inspector, or the Zoning Special Exception Application Form.

Editor's note— Section XXIII of Ord. No. 2430, adopted Jan. 7, 2003, deleted § 21.08.0109, which pertained to applications for minor zoning variances.

Applications for an Interpretation by the Zoning Administrator shall include the following (also see the provisions set forth in Division 21.009.0200 of this Code):

A.

Name and address. Name and address of the applicant.

B.

Questions to be answered by the applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:

1.

Indication of the section(s) of the Zoning Code for which an interpretation from the Zoning Administrator is requested.

2.

A statement of the reason(s) for the request.

3.

Date of any previous application and the disposition of the previous application (if any).

C.

Additional information. Additional information as required by the Zoning Administrator or Building Inspector.

Applications for a Certificate of Appropriateness for alterations in the architectural appearance of any structure within an HPO Historic Preservation Overlay District shall include the following (Also see the provisions set forth in Section 21.04.0311 of this Code):

A.

Required architectural plans, elevations, and perspective drawings. Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of all proposed alterations shall be submitted. A color building elevation or perspective rendering of the exterior of the proposed building(s) shall be required for review by the Plan Commission for all types of structures. Said elevations and perspective drawings shall indicate the location and placement of all auxiliary building equipment such as heating, ventilating, and/or air-conditioning equipment. These drawings are to be drawn to a recognized architectural scale with the name of the project noted. Building plans shall be submitted with all detail drawn on each elevation. Plans drawn with partial building details indicated will be returned to the Applicant for redrafting.

B.

Name and address. Name and address of the applicant.

C.

Owner/developer. Owner's and/or developer's name and address.

D.

Architect/engineer. Architect's and/or engineer's name and address.

E.

Date. Date of submittal of plans.

F.

Scale. Scale of drawings noted on each drawing.

G.

Building type, size, and location. The type, size, and location of all structures with all building dimensions shown.

H.

Height. The height of building(s).

I.

Exterior materials samples to be provided. Samples of exterior materials and their colors.

J.

Additional information may be required. Additional information and data that may be required by the City Planner, City Engineer, Plan Commission, or Historic Preservation Commission may include, but not be limited to, the following upon request:

1.

Photographs from the site of adjacent neighboring structures and/or property.

2.

Detailed drawings of decorative elements of the building(s) or structure(s).

3.

Sectional building or site drawings drawn to a recognized engineering or architectural scale.

It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or local agencies. This includes, but is not limited to, a water use permit pursuant to Chapters 30 or 31 of the Wisconsin Statutes, a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act, and highway access permits.

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

A change or amendment may be initiated by the Common Council, the Plan Commission, or by a petition of one (1) or more of the owners or lessees with signed written permission of the property owner(s) of property within the area proposed to be changed.

Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the Zoning Administrator, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition, and shall specify the proposed use, and shall include the following:

A.

Owners' names and addresses required. Name, address, and telephone number of the petitioner for a zoning amendment and agent; and tax key numbers, names, and addresses of all property owners of all properties lying within four hundred (400) feet of the area proposed to be rezoned.

B.

Plot plan required. Plot plan drawn to scale of one (1) inch equals one hundred feet (1″ = 100′) 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 two hundred (200) feet of the area proposed to be rezoned.

C.

Description of requested zoning district boundary change or zoning code text amendment required. The petitioner shall provide a complete legal description of the property for which a change in zoning is requested. For a proposed Zoning Code text amendment, the petitioner shall provide a copy of the text proposed to be changed and the new text being proposed by the petitioner.

D.

General description of proposed development required. A general description of the proposed development of the property.

E.

Site plan required. A Site Plan of the proposed development of the property meeting the requirements set forth under Division 21.07.0100 of this Code.

F.

Landscape plan required. A Landscape Plan meeting the requirements set forth under Division 21.08.0300 of this Code. Any required bufferyard easements shall be so noted on the Landscape Plan.

G.

Natural resource protection plan required. If natural resource features as present on the subject property, as defined in Divisions 21.05.0100 and 21.02.0100 of this Code, a Natural Resource Protection Plan meeting the requirements set forth in Division 21.07.0200 of this Code.

H.

Site intensity and capacity calculations required. Site Intensity and Capacity Calculations meeting the requirements set forth in Division 21.04.0500 and in the prescribed format set forth in the City's application form.

I.

Architectural plans required. Architectural Plans meeting the requirements set forth under Division 21.08.0400 of this Code may be required.

J.

Additional information may be required. Additional information may be required by the Plan Commission or the Common Council.

A.

Plan commission review and recommendation to common council. (Am. #2351) Prior to the Common Council holding a public hearing as set forth in Section 21.08.0205 of this division, the Plan Commission shall:

1.

Review. Review all proposed changes and amendments within the corporate limits.

2.

Recommendation to Common Council. Recommend to the Common Council that the petition be granted as requested, be modified, or be denied. The recommendation shall be made in writing to the Common Council or in the form of Plan Commission meeting minutes.

B.

Common Council's action. Following the required public hearing and after careful consideration of the Plan Commission's recommendations, the Common Council shall vote on the passage of the proposed Zoning Code change or amendment.

A.

Notice of public hearing. The Common Council shall hold a public hearing upon each proposed change or amendment to the Zoning Code giving notice of the time and place of such hearing by publication in the City of a Class 2 notice under Chapter 985 of the Wisconsin Statutes. Notice of the public hearing shall be mailed to all parties-in-interest at least ten (10) days before the hearing. Parties-in-interest shall be defined as the petitioner, the clerk of any municipality within one thousand (1,000) feet of any lands included in the petition, and the owners of all lands included in the petition and all lands lying within four hundred (400) feet of lands included in the petition. If a portion of any property is included in a proposed rezoning request, the four hundred-foot radius shall be measured from the perimeter of that whole parcel. (Am. #2507)

B.

Referral from Plan Commission. (Am. #2796) Prior to the holding of the public hearing referenced in Section 21.08.0205(A), the Plan Commission shall refer to the Common Council for recommendation on the proposed change or amendment to the Zoning Code.

C.

Notice of public hearing for petitions for changes to the FW, FF, and GFP Districts or amendment to the regulations affecting the floodland districts. Due notice of all public hearings on petitions for changes to the FW, FF, and GFP Districts or amendment to the regulations affecting the FW, FF, and GFP Districts shall be processed based upon the requirements of Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code.

Changes to the FW, FC, and FFO Districts shall further be limited as set forth in Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code.

Changes to the SW District shall further be limited to the following:

A.

Notice to DNR. The City shall transit a notice of any change (text or map) in the SW District if such change affects land in the shoreland, as defined in this Code, to the Wisconsin Department of Natural Resources (DNR). Notice requirements shall be as follows:

1.

A copy of every petition for a text or map change mailed within five (5) days of filing with the Zoning Administrator.

2.

At least ten (10) days prior notice of any public hearing on a SW District zoning amendment.

3.

Notice of a Plan Commission recommendation no later than ten (10) days following the recommendation.

4.

Notice of a Common Council decision no later than ten (10) days following the decision.

B.

Review standards. No wetland in a SW District shall be rezoned if the rezoning may result in a significant adverse impact on:

1.

Storm or floodwater storage capacity;

2.

The maintenance of dry season streamflow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland;

3.

The filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;

4.

Shoreline protection against soil erosion;

5.

Fish spawning, breeding, nursery, or feeding grounds;

6.

Wildlife habitat; or

7.

Areas of special recreational, scenic, or scientific interest, including scarce wetland types.

C.

Wisconsin Department of Natural Resources (DNR) objections. If the DNR has notified the Plan Commission that an amendment to the shoreland portion of the SW District may have a significant adverse impact upon any of the criteria listed above, that amendment, if approved by the Common Council, shall contain the following provisions:

"This amendment shall not take effect until more than thirty (30) days have elapsed since written notice of the Common Council's approval of this amendment was mailed to the Department of Natural Resources. During that 30-day period, the Department of Natural Resources may notify the Common Council that it will adopt a superseding shoreland ordinance for the City, pursuant to Section 62.231 of the Wisconsin Statutes. If the Department does so notify the Common Council, the effect of this amendment shall be stayed until the Section 62.231 adoption procedure is completed or otherwise terminated."

A.

Pre-application conference. Before official submittal of an application for a PUD District, the applicant may file an application to meet with the Plan Commission for a preliminary discussion on the scope and proposed nature of the contemplated development. (Am. #2964)

B.

Application for a PUD District. The owner or his agent may file an application with the Zoning Administrator for an amendment to the Zoning Code text and map for the creation of a PUD District pursuant to the requirements of Division 21.08.0200 of this Code. Such application shall be accompanied by all required fees. In addition, the following materials shall be attached to the application for a PUD District:

1.

A statement describing the relationship of the PUD District to the City of Greenfield's Master Plan, detailed neighborhood or planning district plans, the general character of and the uses to be included in the proposed PUD District, and the following:

a.

Total area to be included in the PUD District, area of open space, residential density computations, proposed number of dwelling units and number of bedrooms per dwelling unit, population analysis, availability of or requirements for municipal services, and any other similar data pertinent to a comprehensive evaluation of the proposed development.

b.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

c.

A general outline of the organizational structure of a property owner's or management's association proposed to be established for providing necessary private services.

d.

A Site Plan that meets all of the Site Plan requirements set forth in Division 21.07.0100 of this Code including, but not limited to:

1)

Requirements for the submission of a Landscape Plan meeting the requirements set forth under Division 21.07.0300 of this Code;

2)

Architectural plans meeting the requirements of Division 21.07.0400 of this Code;

3)

A Lighting Plan meeting the requirements of Division 21.06.0400 of this Code; and,

4)

If natural resource features are present on the subject property, as defined in Divisions 21.05.0100 and 21.02.0100 of this Code, a Natural Resource Protection Plan meeting the requirements set forth in Division 21.07.0200 of this Code.

e.

Site Intensity and Capacity Calculations meeting the requirements set forth in Division 21.04.0500 and in the prescribed format set forth in the City's application form. (Am. #2964)

C.

Referral to Plan Commission. Prior to the public hearing conducted by the Common Council, the application for a PUD District shall be referred to the Plan Commission for its review and recommendation, including any additional conditions or restrictions that it may deem necessary or appropriate.

D.

Public hearing required. The Common Council shall hold a public hearing pursuant to the provisions of Section 21.08.0205. Notice for such hearing shall include reference to the development plans filed with the requested zoning change.

E.

Basis for approval. No PUD Planned Unit Development District approval shall be granted unless the Common Council shall find that the PUD Planned Unit Development District is appropriate in the location proposed based upon its consideration of the following criteria:

1.

Intent to meet construction schedule. That the applicant for the proposed PUD District has demonstrated that applicant intends to meet the time schedule as set forth in the proposed PUD District application following the approval of the change in zoning districts and that the development will be carried out according to the construction schedule satisfactory to the City.

2.

Consistency with Zoning Code and City Comprehensive Master Plan (or elements thereof) required. That the proposed PUD District:

a.

Is consistent in all respects to the purpose of this section and to the spirit and intent of this Code;

b.

Is in conformity with the adopted City Comprehensive Master Plan, and elements thereof, for community development;

c.

Is in conformity with, or serves to implement, the appropriate detailed planning district or neighborhood unit development plan, including amendments thereto;

d.

Would not be contrary to the general welfare and economic prosperity of the City or the immediate neighborhood; and

e.

Would have benefits and improved design of the resultant development justifying the establishment of a PUD District.

3.

Common open space. Common open space consisting of land unoccupied by nonrecreational structures, buildings, streets, rights-of-way, minimum required lot areas, and automobile parking lots and designed and intended for the use and enjoyment of residents of a PUD Planned Unit Development District shall be provided in each PUD Planned Unit Development District. Common open space may contain structures for recreational use.

4.

Public facilities and services. The extent to which the proposed use will be served adequately by, or will provide for, essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.

5.

Adequacy of public infrastructure. The adequacy of the public infrastructure to support the proposed use at the proposed location. In considering this use criteria, the Plan Commission shall consider not only the proposed uses, but other proposed rezonings and the zoning of vacant properties to determine both the individual and cumulative impacts.

6.

Community need. The extent of the community need for the proposed use at the proposed location in light of existing and proposed uses of a similar nature in the area, and the need to provide or maintain a proper mix of uses within the City and within the immediate area of the proposed use. The Plan Commission shall not recommend to the Common Council the approval any PUD Planned Unit Development District unless it can find that the proposed use in the proposed location will not result in an over concentration either of a particular use within the City or within the immediate area of the proposed use.

7.

Effects of the proposed use. The extent to which the proposed use at the proposed location will, or may, have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.

8.

Preservation and enhancement of neighboring land uses. The extent to which the proposed use and its design and landscaping will enhance and protect the existing character of neighboring land uses, if any, or enhance the community character of the City.

9.

Pedestrian and public transportation linkages. The extent to which the proposed use will be served by, or will provide, proper pedestrian and public transportation linkages both within the immediate area of the development and with other parts of the City or County.

10.

Adequacy of public and private open space. The extent to which the proposed use will be served by, or will provide, adequate public and private open space both in the immediate vicinity of the proposed use and throughout the City. The Plan Commission shall, in considering this criteria, consider the adequacy of such open spaces both as to site design and buffering and as to the open space needs of the permanent or transient population likely to be generated by the proposed use.

11.

General standards for PUD Planned Unit Development Districts. No PUD Planned Unit Development shall be recommended or granted unless the applicant shall establish that the proposed development will meet each of the following standards as well as all those standards set forth under Division 21.04.0400 of this Code:

a.

Unified ownership required. The entire property proposed for planned unit development treatment shall be in single ownership or under such unified development control (by using deed restrictions, protective covenants, or property owners' association, as applicable) to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any individual lot or parcel within a PUD Planned Unit Development shall be deemed a violation as to all owners and of all lots or parcels.

b.

Open space.

1)

Amount, location, and use of open space. The failure of a proposed PUD Planned Unit Development District to provide open space shall be considered an indication that it has not satisfied the objectives for which such PUD District developments may be approved pursuant to this Code. When open space is provided in a PUD Planned Unit Development District, the amount and location of such open space shall be consistent with its intended function as set forth in this Code, the application, and PUD Planned Unit Development District plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved by the City as appropriate to the intended leisure and recreational uses for which such open space is intended.

2)

Preservation of open space required. Adequate safeguards, including recorded covenants and deed restrictions, shall be provided to prevent the subsequent use of open space for any use, structure, improvement, or development other than that shown on the City approved PUD Planned Unit Development District plans. The covenants and restrictions must be permanent, not be for a given period of years, and must run with the land. Such covenants and deed restrictions may provide that they may be released, but only with the approval of the Common Council.

3)

Ownership and maintenance. The PUD Planned Unit Development District plans shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation according to predetermined standards and to ensure that remedial measures will be available to the City if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the subject PUD Planned Unit Development District or the City.

4)

Property owners' association. When the requirements of the preceding subparagraph 3) above are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

a)

That the bylaws and rules of the property owners' association and all declarations, covenants, and restrictions to be recorded must be approved as part of the PUD Planned Unit Development District plans before becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this Code.

b)

That the property owners' association must be established and all declarations, covenants, and deed restrictions must be recorded before the sale of any property within the area of the PUD Planned Unit Development District designated to have the exclusive use of the proposed open space or improvements.

c)

That the property owners' association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to the property owners' association.

d)

That membership in the property owners' association must be mandatory for each property owner of the PUD Planned Unit Development District and any successive property owner having a right to the use or enjoyment of such open space or improvements.

e)

That every property owner having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the property owners' association by means of an assessment to be levied by the property owners' association that meets the requirements for becoming a lien on the property according to the State statutes.

f)

That the property owners' association must have the right to adjust the assessment to meet changed needs. The membership vote of the property owners' association required to authorize such adjustment shall not be fixed at more than two-thirds of the property owners' association members voting on the issue.

g)

That the City must be given the right to enforce the protective covenants and deed restrictions.

h)

The City must be given the right, after ten (10) days' written notice to the property owners' association, to perform any maintenance or repair work that the property owners' association has neglected to perform, to assess the property owners' association membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the City shall have all the rights and powers of the property owners' association and its governing body under the agreements and declarations creating the property owners' association.

c.

Landscaping and perimeter treatment required. Any area of a PUD Planned Unit Development District not used for structures or circulation elements shall be landscaped meeting all landscaping provisions of this Code or otherwise improved according to the provisions of this Code. The perimeter of the PUD Planned Unit Development District shall be treated to ensure compatibility with surrounding uses by means such as the provision of compatible uses and structures, setbacks, screening, or natural or manmade bufferyards.

d.

Private streets and/or drives. If recommended by the Plan Commission and approved by the Common Council, private streets may be allowed. No such private streets and/or drives shall be approved except upon the condition that they shall be owned and maintained by a property owners' association meeting the requirements set forth in this section.

e.

Sidewalks. Sidewalk meeting City standards set forth in the City Land Division Ordinance shall be provided.

f.

All new utilities to be placed underground. All new utility lines, including electric, cable television, and telephone lines shall be installed underground.

12.

General site design standards. No PUD Planned Unit Development District approval shall be granted unless the Plan Commission shall find that the plans of the proposed use address and are consistent with the following standards:

a.

Building orientation. The orientation and placement on the lot of buildings and other structures shall take into consideration such matters as sun and wind direction; relation to surrounding uses and development; relation to nearby natural and manmade features, amenities and vistas; and proper circulation both on-site and off-site.

b.

Architectural design. The extent to which the design and architecture of buildings and other structures on the site are compatible with nearby developments considering such elements, as scale, height, and mass; proportion and directional expression of facades; spacing and relation between buildings; and materials, texture, color, and design elements employed. Division 21.08.0400 of this Code provides further guidelines for the review of architectural design.

c.

Landscaping, streetscape, and bufferyards. Landscaping shall be integrated into building arrangements, topography, off-street parking, and bufferyard requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plant sculpture, area, and the use of building and paving materials in an imaginative manner. Bufferyard shall be located around the perimeter of the site to minimize the off-site impacts of headlight glare, noise, light from structures and open areas and the movement of people and vehicles. Bufferyard may consist of fencing, evergreens, shrubs, bushes, deciduous trees, or combinations thereof to achieve the intent of the PUD Planned Unit Development District. Division 21.06.0300 of this Code provides further guidelines for the review of landscaping and bufferyards.

d.

Signs. Signs shall be designed to be aesthetically pleasing, harmonious with other signs on the site, and located to achieve their purpose without constituting hazards to vehicles and pedestrians. All signage in a PUD Planned Unit Development District shall be reviewed by the Plan Commission and approved by the Common Council.

e.

Building bulk. The height, mass, and floor area ratio of buildings proposed shall be assessed as to consistency with existing development in the area.

f.

Vehicular and pedestrian access and circulation. Pedestrian and vehicular traffic movement within and adjacent to the site shall be safe and efficient with particular emphasis on the provision and layout of sufficient parking areas, off-street loading and unloading, and the safe and efficient movement of people, goods, and vehicles from access streets, within the site, and between buildings and vehicles. Adequate provisions shall be made to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The proposed site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. A traffic study prepared by a Traffic Safety Engineer may be required as determined by the Plan Commission. Off-street parking spaces and areas are to be usable and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles, including emergency vehicles, a rapid and safe ingress and egress to the site. The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable codes and ordinances of the City.

g.

Lighting. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Directional lights shall be arranged to minimize glare and reflection on adjacent properties. Lighting standards shall be a type approved by the Plan Commission based, in part, upon the lighting standards set forth in Division 21.07.0400 of this Code.

h.

Environmental considerations. Environmental elements relating to soil erosion, preservation of trees, protection off water courses, lakes, wetlands, and other resources; noise; topography; and animal life shall be reviewed and the design for the PUD Planned Unit Development District shall minimize any adverse impact on these elements. Division 21.05.0500 and Part 5 of this Code provides further guidelines for the protection of natural resource features.

i.

Historic and environmental preservation. The proposed use shall not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

j.

Adverse impacts on surrounding property(s). The use shall not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities, facilities, and other matters affecting the public health, safety, and general welfare and shall be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property or properties.

k.

Amenities and services. The proposed use shall provide on-site amenities and services that are consistent with the nature and intensity of the proposed use and the availability of amenities and services in the immediate area of the site.

l.

Other design standards. The PUD Planned Unit Development District may depart from strict conformance with the required dimension, area, bulk, and use regulations for the underlying zoning districts and other provisions of this Code to the extent approved by the Common Council when authorizing the PUD Planned Unit Development District. However, the PUD Planned Unit Development District must not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare. The Plan Commission in making its recommendations, and the Common Council in making its determination, shall further find that:

1)

The proposed site shall be provided with adequate drainage facilities for surface and storm water.

2)

The proposed development shall not impose any undue burden on public services and facilities, such as fire and police protection.

3)

Water and sewer facilities shall be provided. (Am. #2964)

13.

Standards for residential PUD Districts. For proposed residential PUD Districts:

a.

That such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the neighborhood.

b.

That the total average residential density within the PUD District will be compatible with the City of Greenfield Comprehensive Master Plan, elements thereof, such as a detailed planning district or neighborhood unit development plan prepared for the area if such plan exists.

1)

That the population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

2)

That adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation or by dedication to the public.

c.

That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

d.

That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

14.

Standards for commercial and institutional PUD Districts. For proposed commercial PUD Districts:

a.

That the economic practicality of the proposed development can be justified.

b.

That the proposed development will be adequately served by off-street parking and truck service facilities.

c.

That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

d.

That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

e.

That the total average intensity of development within the PUD District will be compatible with the City of Greenfield Comprehensive Master Plan, elements thereof, such as a detailed planning district or neighborhood unit development plans prepared for the area if such a plan exists.

15.

Standards for industrial PUD Districts. For proposed industrial PUD Districts:

a.

That the operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.

b.

That the proposed development will have adequate provision for off-street parking and truck service areas and will be adequately served by rail or highway facilities.

c.

That the proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

d.

That the total average intensity of development within the PUD District will be compatible with the City of Greenfield Comprehensive Master Plan, elements thereof, such as a detailed planning district or neighborhood unit development plans prepared for the area if such a plan exists.

16.

Standards for mixed-use PUD Districts. For mixed-use PUD Districts:

a.

That the proposed mixture of uses produces a unified composite that is compatible within itself which, as a total development entity, is compatible with the surrounding neighborhood and consistent with the standards and objectives of the Master Plan.

b.

That the various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use character.

c.

That the total average intensity of development within the PUD District will be compatible with the City of Greenfield Master Plan, elements thereof, and the detailed planning district or neighborhood unit development plans prepared for the area.

17.

Additional standards may be required to be met. The Plan Commission may recommend, and the Common Council may adopt by resolution, conditions and restrictions for PUD Planned Unit Developments that specify permitted uses, set bulk regulations and density standards for lot coverage and dwelling with size and distribution, yard setbacks and design guidelines, and that any other conditions be incorporated within a developers agreement. Conditions and restrictions adopted to govern any PUD Planned Unit Development may include nonstandard or nonuniform requirements, regulations and provisions recommended by the Plan Commission and approved by the Common Council. Such nonstandard requirements, regulations, and provisions shall be designed to ensure proper development and appropriate operation and maintenance of specific developments on specific sites. (Am. #2430)

18.

Determination.

a.

Common Council action. The Common Council, after due consideration, may deny the application, approve the application as submitted, or approve the application subject to additional conditions and restrictions.

b.

Common Council approval. The Common Council approval of an application for rezoning to the PUD District shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved by the Common Council.

c.

Subsequent change or addition to the plans or use. (Am. #2351) Any subsequent change or addition to the plans or use shall first be submitted for approval to the Plan Commission and, if in the opinion of the Plan Commission such change or addition constitutes a major change to the original plan, a public hearing before the Common Council shall be required and notice thereof be given pursuant to the provisions of this division, and said proposal alterations shall be submitted to the Common Council for approval. The Plan Commission shall find that any modification therein, may be considered a major change if such modification:

1)

Changes the concept or intent of the approved plan;

2)

Increases the gross residential density or intensity of use;

3)

Decreases the total area set aside for common open space or deed restricted open space;

4)

Changes by more than five (5) percent in the gross floor area for a nonresidential use; or

5)

Increases by more than five (5) percent the total ground area covered by buildings or structures.

In the event of a protest against such district change or amendment to the regulations of this Code, duly signed and acknowledged (in accordance with the "Uniform Acknowledgment Act—Uniform Law on Notarial Acts" as codified in Section 706.07 of the Wisconsin Statutes) by the owners of twenty (20) percent or more of the land immediately adjacent extending one hundred (100) feet therefrom, or by the owners of twenty (20) percent or more of the land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths (¾) of the full Common Council membership voting on the proposed change.

A.

Second applications without new grounds barred. Whenever any application filed for zoning district change, amendment to the zoning regulations, or Special Use Permit pursuant to this Code has been finally denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless in the opinion of the Zoning Administrator, Common Council, or Plan Commission before which it is brought there is substantial new evidence available or a mistake of law or fact significantly affected the prior denial.

B.

New grounds to be stated. Any such second application shall include a detailed statement of the grounds justifying consideration of such application.

C.

Summary denial with or without hearing. Any such second application may be denied by the Zoning Administrator summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application before being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.

D.

Exception. Whether or not new grounds are stated, any such second application filed more than one (1) year after the final denial of a prior application shall be heard on the merits. The applicant shall, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. Without such evidence, it shall be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.

E.

Appeal of decisions made to dismiss applications. Decisions made to dismiss applications based upon this section may be appealed to the Zoning Board of Appeals.

As a condition of the review of any application for any type of permit as required under the provisions of this Code, the applicant shall pay to the City Treasurer of the City of Greenfield all fees as required by the City of Greenfield "Fee Schedule," and at the times specified by the City of Greenfield "Fee Schedule," before being entitled to any approvals or permits. No application filed pursuant to this Code shall be considered complete unless and until all fees due pursuant to this Code have been paid. Every approval granted and every permit issued pursuant to this Code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of the required fees. The failure to pay any such fee fully when due shall be grounds for the City of Greenfield to refuse to process, or to continue to process, an application and to deny or revoke any permit or approval sought or issued with respect to the land or development to which the unpaid fee(s) relate.

A.

Unlawful to use or improve any structure or land, or to use water or air in violation of any provisions of this Code. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any provisions of this Code. In case of violation, the Common Council, the Zoning Administrator, the City Attorney, the Plan Commission or any property owner who would be specifically damaged by such violation, may begin appropriate action or proceeding to enjoin a violation of this Code or cause a structure to be vacated or removed.

B.

Structure, fill, or development placed or maintained within any floodland area in violation of this Code. Every structure, fill, or development placed or maintained within any floodland area in violation of this Code is hereby declared a public nuisance and the creation thereof may be enjoined, and maintenance thereof may be abated by action of suit of the State, the County, the City, or any citizen thereof.

C.

Actions and proceedings to enjoin violations. The City of Greenfield may institute appropriate action or proceedings to enjoin violations of this Code or the applicable Wisconsin Statutes or Wisconsin Administrative Code.

A.

Quadruple fee. A quadruple fee may be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double [quadruple] fee shall not release the applicant from full compliance with this Code nor from prosecution for violation of this Code.

B.

Remedial action. Whenever an order of the Zoning Administrator has not been complied with within thirty (30) days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Common Council, the Zoning Administrator, the Building Inspector, or the City Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.

C.

Forfeiture and imprisonment. Any person, firm, or corporation who violates or fails to comply with the provisions of this Code shall, upon conviction thereof, forfeit not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) plus the costs of prosecution for each offense

D.

Separate offense. Each day a violation exists or continues shall constitute a separate offense.

E.

Injunctive relief. In addition to the above described fines, the Common Council or its agent shall have the power to institute appropriate action for injunctive relief to prevent persons, firms, or corporations from acting in violation of the provision of this Code.