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

A change or amendment may be initiated by the village board, plan commission, village zoning administrator or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

Petitions for any change to the district boundaries or amendments to the regulations of this chapter shall be filed with the clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(1)

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

(2)

Owners' names and addresses of all properties lying within 300 feet of the area proposed to be rezoned.

(3)

Additional information required by the plan commission or village board.

The plan commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made at a meeting subsequent to the meeting at which a petition is first submitted and shall be made in writing to the village board.

The village board shall hold a public hearing upon each proposed change or amendment recommended by the plan commission, giving notice of the time, place, and the change or amendment proposed by publication of a class two notice, under Wis. Stats. ch. 985. Due notice of all public hearings on petitions for changes to the FWO floodway overlay district, FFO floodplain fringe overlay district, or shoreland portions of C-1 lowland conservancy district, or amendments to regulations affecting floodplains or shoreland-wetlands, shall be transmitted to the state department of natural resources.

Following such hearing and after careful consideration of the plan commission's recommendations, the village board shall vote on the passage of the proposed change or amendment. Except for the voting requirements under Wis. Stats. § 62.23(7)(d)(2m), the village board may overrule the plan commission's recommendations by a majority of the members present.

See section 46-1071 and division 7 of article X of this chapter.

(a)

The village shall transmit a notice of any change (text or map) in the shoreland portion of the C-1 lowland conservancy district to the state 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 days of filing with the clerk.

(2)

At least ten days prior notice of any public hearing on a shoreland C-1 zoning amendment.

(3)

Notice of a plan commission recommendation no later than ten days following the recommendation.

(4)

Notice of a village board decision no later than ten days following the decision.

(b)

No wetland in the shoreland portion of a C-1 district shall be rezoned if the rezoning may result in a significant adverse impact on stormwater or floodwater storage capacity; maintenance of dry season streamflow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland; filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery of feeding grounds; wildlife; habitat; or areas of special recreational, scenic or scientific interest, including scarce wetland types.

(c)

If the DNR has notified the plan commission that an amendment to the C-1 district may have a significant adverse impact upon any of the criteria listed in subsection (b) of this section, that amendment, if approved by the village board, shall contain the following provision:

"This amendment shall not take effect until more than 30 days have elapsed since written notice of the village board's approval of this amendment was mailed to the state department of natural resources. During the 30-day period, the state department of natural resources may notify the village board that it will adopt a superseding shoreland ordinance for the village pursuant to Wis. Stats. § 61.351. If the department does so notify the village board, the effect of this amendment shall be stayed until the Wis. Stats. § 61.351 adoption procedure is completed or otherwise terminated."

In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20 percent or more either of the acres of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 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 of the full village board membership.

The building inspector is designated as the administrative and enforcement officer for the provisions of this chapter.

The building inspector shall have the following duties and powers, including those specified in section 46-1091:

(1)

Issue building permits upon application for the erection or use of a structure, land or water where such erection or use complies with all provisions of this chapter.

(2)

Assist the clerk to maintain records of all permits issued, inspections made, work approved and other official actions.

(3)

Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered or improved in the floodplain districts.

(4)

To have inspected all structures, lands and waters as often as necessary to ensure compliance with this chapter.

(5)

Investigate all complaints made relating to the location of structures and the use of structures, lands and waters; give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises; and report uncorrected violations to the village attorney in a manner specified by him.

(6)

Assist the village attorney in the prosecution of ordinance violations.

(7)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

(8)

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

(9)

Recommend to the village board and plan commission any additional use regulations as deemed necessary.

(10)

Request assistance and cooperation from the police department and village attorney as deemed necessary.

(11)

Make available to the public, to the fullest extent possible, all reports and documents concerning the village's comprehensive plan and ordinances. In addition, information in the form of reports, bulletins, maps and engineering data shall be readily available and widely distributed. The plan commission may set fees necessary to recover the cost of providing information to the public. Where useful, the zoning administrator, or his agent, may set marks on bridges or buildings or other markers which show the depth of the 100-year recurrence interval flood; or may set marks delineating the boundaries of wetlands.

(12)

The building inspector shall deny the issuance of a building permit for any project approved by the plan commission and the village board if a 12-month period of time has lapsed between the village board approval of the plan and the applicant's filing of a building permit application.

No structure shall hereafter be located, erected, move, reconstructed, extended, enlarged or structurally altered until after the owner or his agent has secured a building permit from the building inspector, unless otherwise exempted pursuant to section 46-77 of this chapter, and all other permits have been obtained from the applicable federal, state and county agency by the owner. Applications for a building permit, including such permits required in accordance with section 46-1086(b), shall be submitted to the building inspector on forms furnished by the clerk, shall provide certain information as set forth in this chapter and other applicable ordinances and regulations, and shall include the following, where pertinent and necessary for proper review:

(1)

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

(2)

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

(3)

Plat of survey prepared by a land surveyor registered in the state or other map drawn to scale and approved by the building inspector showing the location, boundaries, dimensions, uses and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; ordinary high-water marks; channel, floodway and floodplain boundaries; and existing and proposed street, side and rear yards.

(4)

Additional information as may be required by the zoning administrator, village engineer or plan commission.

(5)

A building permit shall be granted or denied in writing by the building inspector within 30 days of application, and the applicant shall post such permit in a conspicuous place at the site. The permit shall expire within six months unless substantial work has commenced, or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, and the applicant shall reapply for a building permit before commencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.

No building permit shall be required in any of the following instances:

(1)

For erecting or placing an accessory building less than 100 square feet in area.

(2)

For any improvement or alteration to an existing building less than 100 square feet in area which does not effect a change in use.

(3)

For repairs (not including repairs to supporting members of the structure).

However, no structure or development in a conservancy or floodplain district shall be exempt from obtaining a building permit, and any work that does qualify for an exemption under this section shall be required to comply with the applicable setback, yard, height and other requirements set forth in this chapter.

(a)

For all current or future uses of land or improvements thereon, no land shall be occupied, used or developed; no building or premises shall be erected, altered, moved or substantially improved or its principal or accessory uses changed; no nonconforming use shall be maintained, renewed, changed or extended; and no occupancy or tenancy may be changed until an occupancy permit, including such permit required in accordance with section 46-1086(c), has been issued by the building inspector. An occupancy permit shall be required for new home occupations or professional home offices. Once issued, an occupancy permit does not have to be renewed, but a new occupancy permit for a new owner or tenant of any residence with a home occupation or professional home office or of any nonresidential land improvement must be obtained before a new, different or additional principal or accessory use can occur.

(b)

An occupancy permit shall not be required under the circumstances described in subsection (a) of this section for all present or future residential uses, except that a change from a residential use (as principal use) to any other type of principal use or a change in the type of home occupation or professional home office use shall require an occupancy permit, and an occupancy permit shall be required for all activities requiring a building permit under chapter 18 of this Code or sections 46-76 and 46-1086(c).

(c)

An occupancy permit shall be issued by the building inspector based upon compliance with all provisions of this Code.

(d)

Application for occupancy permit shall be made in the same manner as for a building permit pursuant to section 46-76. Such application shall include a plan of operation naming every nonresidential occupant and describing every principal and accessory use in detail, including (among other information that may be reasonably requested by the building inspector):

(1)

Hours and days of operation;

(2)

Number of full-time and part-time employees on the site during each shift;

(3)

Typical number of customers/clients/visitors on the site each day;

(4)

Number of parking spaces anticipated to be occupied by employees, customers, clients, visitors, suppliers and any others on a typical day;

(5)

Nature of items typically delivered to or shipped from the site and the typical methods (i.e. semi truck, truck, van, etc.) and times of shipment to or from the site and location on the site where loading and unloading and parking of shipping vehicles is to occur;

(6)

Detailed description of any principal or accessory uses, processes or activities that may occur at an unenclosed area of the site;

(7)

Detailed description of any equipment, operation, device or process that may emit noise or vibration from the site that is substantially different from the emissions from the site immediately prior to the initiation of this activity or process or operation of this equipment or device; and

(8)

The names and amounts of any noxious or hazardous substances that may be created, stored or used on the site and the locations on the site where such substances will be created, stored, and used.

(9)

The proximity of the proposed use to residential neighborhoods and a detailed description of any use or process that has, or may have, a reasonable potential for disturbing and/or disrupting existing residential and/or non-residential uses.

(e)

No occupancy permit shall be granted for any non-residential occupancy under this section until a plan of operation submitted pursuant to subsection (d) has been approved by the building inspector provided, however, that the building inspector may, with the advice and consent of the village administrator, request that the plan commission review proposed plans of operation.

(1)

Plans of operation submitted under this section may be rejected, approved, or approved subject to reasonable conditions as are necessary to comply with the intent and/or terms of this chapter.

(2)

Any person aggrieved by the decision of the building inspector, or the plan commission in the event of review by the plan commission, may appeal such decision to the board of zoning appeals within 90 days of its issuance pursuant to the provisions of sections 46-121 et seq.

(f)

No occupancy permit shall be granted under subsection (e) until such time as the building inspector and fire inspector, and a representative of the police department have each had an opportunity to review both the application and the interior and exterior of the site.

(g)

No undeveloped land within the floodplain districts shall be developed, occupied or used, and no structure erected, altered, moved or substantially improved after the effective date of the ordinance from which this chapter is derived shall be occupied until the party seeking to have the occurrence of the same submits to the building inspector a certification by a registered professional engineer or land surveyor that the floodplain regulations set forth in this chapter have been fully complied with. Such certification shall include the first floor elevation of any structure erected on the site.

(h)

Preexisting uses. Principal or accessory uses listed in an occupancy permit issued prior to September 1, 1995, do not require the issuance of a new occupancy permit until such time as a new, different or additional principal or accessory use occurs on the property or if there is a new owner or tenant of nonresidential property. As a condition of issuing an occupancy permit for a principal or accessory use existing prior to September 1, 1995, the building inspector may require evidence satisfactory to the building inspector that such principal or accessory use was actively occurring on the property between September 1, 1994, and September 1, 1995. The occupancy permit issued for principal or accessory uses occurring prior to September 1, 1995, will be only for the scope, intensity and size of the principal or accessory uses as they occurred between September 1, 1994 and September 1, 1995. Expansion, intensification or change of the principal or accessory use will require a subsequent occupancy permit and will be subject to all zoning restrictions as then applicable to the zoning district applicable to that property.

(i)

After an occupancy permit application has been received and an occupancy inspection has been completed by the building inspection department an occupancy letter will be sent to the applicant listing all violations. An occupancy permit will be issued when all violations have been corrected.

(1)

A conditional occupancy permit can be requested by the prospective occupant, if no life-safety violations exist as determined by the building inspection department.

(2)

If the conditional occupancy permit is issued the applicant agrees to have all violations corrected with 45 days. A reinspection will be scheduled after 45 days to check for compliance. If any violations exist a penalty of $25.00 per day will be assessed until all violations are corrected.

(3)

Fee for business occupancy permit shall be included in Appendix A of this Code under Fees and Charges, Chapter 18, Occupancy Permit.

Applications for a sign permit shall be made on forms provided by the clerk and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the applicant. Location of building, structure, or lot to which or upon which the sign is to be attached or erected.

(2)

Name of person, firm, corporation or association erecting the sign.

(3)

Written consent of the owner or lessee of the building, structure or land to which or upon which the sign is to be affixed.

(4)

A scale drawing of such sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment.

(5)

A scale drawing indicating the location and position of such sign in relation to nearby buildings or structures.

(6)

Copies of any other permit required and issued for such sign, including the written approval by the building inspector, in the case of illuminated signs, who shall examine the plans and specifications, reinspecting all wiring and connections to determine if the same complies with this chapter.

(7)

Additional information as may be required by the plan commission.

(8)

Sign permit applications shall be filed with the building inspector who shall review the application for its completeness and accuracy and approve or deny, in writing, the application within 30 days of receipt unless the time is extended by written agreement with the applicant. A sign permit shall become null and void, if work authorized under the permit has not been completed within six months of the date of issuance.

It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal or local agency. This includes, but is not limited to, a water use permit pursuant to Wis. Stats. chs. 30 and 31 or a wetland fill permit pursuant to section 404 of the Federal Water Pollution Control Act and/or a Wetland Water Quality Certification from the state department of natural resources.

(a)

All persons, firms or corporations who petition for approval of a zoning text or map amendment, planned development district, variance or appeal, and all persons, firms or corporations performing work which by this chapter requires the issuance of a permit, shall, upon filing, pay a fee to the clerk to help defray the cost of administration, investigation, advertising and processing of such petitions and permit applications. The fees for petitions and permit applications shall be set by resolution of the village board.

(b)

If the village administrator, village board or plan commission determine that additional professional assistance is needed, beyond what is normally necessary to review a proposed development, petition or permit application, the village administrator or village board may employ the services of engineers, planners, architects or related professional experts as may be required, the services of which shall be paid for by the developer, petitioner or applicant. A deposit of funds may be required prior to any meeting.

(c)

The village administrator may require one or more staff meetings to review any proposed plan or development prior to its consideration by the plan commission.

A double fee shall be charged by the building inspector if work is started before a permit is applied for and issued, or if a building or the premises are occupied prior to the issuance of an occupancy permit. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

(a)

Violations. Any building or structure erected, moved, placed or structurally altered, or any use established after the effective date of the ordinance from which this chapter is derived in violation of the provisions of this chapter by any person (including building contractors or his or their agent), shall be deemed an unlawful structure or use. The plan commission may direct the village attorney to bring an action to enjoin, remove or vacate any use, erection, moving, alteration or placement of any building or use in violation of this chapter.

(b)

Remedial action. Pursuant to Wis. Stats. § 66.1113, the building inspector may issue citations on uncorrected violations in accordance with section 1-6(c) of the Village of Hartland Municipal Code. Whenever an order of the building inspector has not been complied with after written notice has been mailed to the owner, resident agent or occupant of the premises, the village board, the building inspector or the village attorney may institute appropriate legal action or proceedings to prohibit such owner, agent or occupant from using such structure, land or water.

(c)

Penalties. Any person, firm or corporation who violates, disobeys, neglects, omits or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in section 1-4 of the Village of Hartland Municipal Code.

See article IV of this chapter.

There is established an architectural board for the village for the purpose of promoting compatible developments, aesthetics, stability of property values and to prevent impairment or depreciation of existing developments. No structure shall be erected, moved, reconstructed, extended or have its exterior altered or changed without the architectural board's approval. Small accessory structures, decks and minor exterior alterations are exempt unless the building inspector requests a determination by the board.

(a)

Composition. The architectural board shall consist of seven members appointed by the president, subject to confirmation by the village board. The architectural board may include or be comprised of members of the plan commission.

(b)

Terms. Terms shall be staggered for three-year periods, except for members which are also members of the plan commission whose terms shall coincide with their terms on the plan commission.

(c)

Chair. The chairman shall be appointed by the president, subject to confirmation by the village board. If the chairman is unable to attend a meeting, an acting chairman shall be selected by the members at that meeting.

(d)

Secretary. The secretary shall be the clerk.

(e)

Oaths. Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointments.

(f)

Vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for full term.

(a)

Operation generally. The architectural board shall operate in accordance with the provisions of this division.

(b)

Meetings. Meetings shall be held monthly at the call of the chairman or when requested by the building inspector and shall be open to the public.

(c)

Minutes. Minutes shall be kept showing all actions taken and shall be a public record. The grounds for every decision shall be stated.

(d)

Quorum. Quorum shall be four members, and all actions shall require the concurring vote of at least four members.

(e)

Special meetings. If a special meeting shall be called at the request of the chairman of the architectural board on behalf of an interested person, a special meeting fee to be set by resolution of the village board shall be paid to the clerk prior to a special meeting being called.

The architectural board shall have the power to:

(1)

Hear and decide applications for permission to erect, move, reconstruct, extend, alter or change the exterior of all residential structures except for small accessory structures, decks and minor exterior alterations unless a determination is requested by the building inspector. Further, the architectural board is empowered to waive, or conditionally waive, its authority under this paragraph for applications in subdivisions for which an active homeowners association or architectural review committee has given its approval for said applications.

(2)

Hear and decide development applications for building plans, landscaping, HVAC locations, signage and lighting for all commercial, industrial, institutional and multifamily uses.

(3)

Approve, deny or conditionally approve the application and may request such modifications as it may deem necessary to carry out the purpose of this division. They shall not require private deed restrictions.

(4)

Request assistance from other municipal officers, departments, boards and commissions.

(5)

Request the applicant to furnish additional information.

(6)

Hear and decide on applications for building and/or occupancy permits pertaining to significant historic structures, sites or other features in accordance with section 42-4.

(Ord. No. 836-15, § 1, 9-28-2015)

To implement and define criteria for the purposes set forth in section 46-96, the following principles are established:

(1)

No building or sign shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

(2)

No building or sign shall be permitted the design or exterior appearance of which is so similar with those within reasonable proximity as to create excessive monotony or drabness.

(3)

No building or sign shall be permitted where any exposed façade is constructed or faced with a finished material which is aesthetically incompatible with the other façades and which presents an unattractive appearance to the public and to surrounding properties.

(4)

No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

(5)

Development and redevelopment shall be consistent with the public goals, objectives, principles, standards, policies and design guidelines set forth in the adopted village comprehensive plan or components thereof, including the Village of Hartland Master Plan and the Hartland Village Center Revitalization Plan.

The following design guidelines are established for all development applications for commercial, industrial, institutional and multifamily uses:

(1)

Building design.

a.

Architectural style is not restricted; however, structures shall be consistent or compatible with the surrounding area. Compatibility may be achieved through the use of various visual architectural elements such as similar rooflines, building orientations, forms/shapes, proportions (scale and mass), door and window patterns (fenestration), textures, materials, colors and other architectural detailing. Building lighting, signage and mechanical equipment also shall be presented as an integral part of the building design and shall not detract from the architectural style of the building.

b.

The composition of major building elements such as massing, rooflines, colors and material shall complement and contribute to a desirable community identity.

c.

Colors shall be harmonious and relate to the overall site and to the village as a whole. Bright complementary colors may be used for highlighting purposes (accenting) provided such colors do not overbear the integrity of the building façade.

d.

Rooftop mechanical equipment, trash/dumpster areas, and other utility hardware located on the site shall be screened from public view with building and landscape material or be located in a manner that is unobtrusive.

e.

No rows of garage doors for multifamily uses and no overhead service doors or loading docks shall face a public street. The plan commission may allow such features to face a public street when it finds that there is no feasible alternative orientation for such doors or docks and, insofar as is practicable, such doors and docks facing public streets are to be screened with landscaping and/or softened by architectural detailing.

f.

Accessory buildings and structures shall be compatible with the principal building in terms of building façade character, roof shapes, materials, colors and architectural details.

(2)

Exterior building materials.

a.

Materials shall be consistent or compatible with the architectural character of the village and shall be consistent with the surrounding area. Where the proposed materials are dissimilar to prevailing materials used on existing buildings in the area, other characteristics such as form, proportion, texture, color and detailing shall be utilized to ensure that adequate similarity exists for the building to be compatible, despite the use of different materials.

b.

Materials shall be of durable quality.

c.

The façades of buildings shall be finished with an aesthetically pleasing material(s) such as natural or cultured stone, brick, wood, glass panels, or ornate masonry materials, except where the building style requires a different material. No plain concrete-block or plain concrete-panel buildings or smooth or corrugated metal-faced buildings that are devoid of an architectural merit or character, except those with an attractive finished surface listed above, may be allowed.

Building façades clad with a single exterior surface material shall provide some additional architectural design elements to break up the plane of large faceless and/or nondescript walls. This may be achieved by architectural design treatments consistent with the principal building design.

(3)

Lighting standards. Lighting on individual building sites shall adhere to the provisions of subsection (3) of this section and sections 46-949 and 46-955, as well as the following requirements:

a.

All exterior parking areas must be illuminated.

b.

Illuminating curb cuts and entrances to parking areas is encouraged.

c.

All exterior lighting shall be energy efficient and shall be located, oriented and of an intensity to illuminate only the building site or lot, where located, without detrimentally affecting activity on adjacent sites or lots or traffic on streets and highways.

d.

Lighting shall not be located on the roofs of buildings. Any lights affixed to a building shall be oriented downward at an angle from the vertical so as to light only areas of the site.

e.

Lights may not flash, pulsate, be so bright as to impair or hinder vision on public streets or adjacent building sites, or otherwise constitute a nuisance.

f.

Mixing of lighting types (i.e. sodium vapor, incandescent, mercury vapor and metal halide) shall be avoided.

g.

Integration of similar lighting fixtures is encouraged.

h.

Exterior lighting shall not shine on or adversely impact neighboring properties or streets.

i.

Exterior lighting components such as fixtures, standards and exposed accessories should be consistent with the overall site design.

j.

The height of exterior lighting fixtures shall be compatible with the scale of adjacent buildings.

(4)

Landscaping.

a.

Landscape design shall be integrated with the overall site plan and not be considered merely as an afterthought. Interesting or creative landscape architectural designs that use a diverse variety of plants integrated with other landscaping materials or features should be provided to avoid uncreative and monotonous landscaping.

b.

Landscape plans shall be well-planned and effective in the following areas: along street frontages, within and around paved parking areas and within buffer yards as screening for adjoining properties.

c.

Terrace/street trees shall be planted to provide a street frontage buffer.

d.

Paved parking areas shall be landscaped in order to minimize the impact of large expanses of pavement. Large paved areas shall include well-designed landscape islands. Planter islands shall contain trees and shrubs. Parking areas shall also be screened along the periphery to soften the impact for adjoining properties.

e.

Landscaping shall be used to screen loading areas, dumpsters and mechanical equipment from public view; or they shall be located so as not to be visible from public ways. If landscaping materials are used, they shall form an immediate, solid and continuous screen. Solid fencing with landscaping as an accent may be necessary to totally screen loading areas, trash dumpster areas or mechanical equipment from view.

f.

Trees and shrubs shall not create blind spots along traffic ways for pedestrians or vehicular traffic.

(5)

Signage. Outdoor signs for developments shall adhere to the provisions of subsection (5) of this section and article VII of this chapter, as well as the following requirements:

a.

Signs shall be consistent or compatible with the architectural character of the principal building and/or the surrounding area.

b.

Every sign shall be considered within its setting and designed according to the scale and proportions in which it will be viewed.

c.

The mass of an awning used as a sign shall not dominate the façade of the building to which it is attached.

d.

Freestanding signs shall be appropriately landscaped, whenever possible.

Applications for review by the architectural board shall be made to the building inspector and shall be accompanied by plans showing the exterior elevations of the existing and proposed structure, description of the proposed materials and a site plan. For commercial, industrial, institutional and multifamily uses, a site plan, HVAC locations, landscaping plan, and plans for signing and lighting are also required.

The architectural board shall not approve any application unless it finds that the purposes set forth in sections 42-1, 46-96, 46-100 and the guidelines in section 46-101 have been reasonably met. In certain situations, the architectural board may allow modifications or grant exceptions to the building height in accordance with section 46-925(a) and to the guidelines set forth in section 46-101 on the basis of compelling architectural merit, or where the strict application or adherence to established guidelines may be impractical or impossible due to site conditions or other circumstances beyond the control of the applicant.

The architectural board shall hear and decide all applications at the final meeting for the application. The findings of the architectural board shall be indicated in the minutes of its proceedings and shall be a public record.

Any person aggrieved by any decisions of the architectural board may appeal the decision to the zoning board of appeals, in accordance with division 5 of this article. Such appeal shall be filed with the clerk within 30 days after filing of the decision with the clerk.

There is established a board of zoning appeals for the village for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.

(a)

Composition. The board of zoning appeals shall consist of five members appointed by the village president and approved by the village board. The president shall make his nominations at least one month prior to their appointment.

(b)

Terms. Terms shall be for staggered three-year periods, except that of those first appointed: one shall serve for one year, two for two years and two for three years.

(c)

Alternate members. Two alternate members may be appointed by the president for a term of three years and shall act only when a regular member is absent or refuses to vote because of conflict of interest.

(d)

Oaths. Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointment.

(e)

Vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(a)

Generally. The board of zoning appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

(b)

Meetings. Meetings shall be held at the call of the chairman and shall be open to the public.

(c)

Minutes and records. Minutes of the proceedings and a record of all actions shall be kept by the board of zoning appeals, showing the vote of each member upon each question, the reasons for the board of zoning appeal's determination, and its finding of facts. These records shall be immediately filed in the office of the board of zoning appeals, and shall be a public record.

(d)

Quorum. The presence of four members of the board shall constitute a quorum. If a quorum is present, a majority vote shall be necessary to correct an error; grant a variance; make an interpretation; and permit a temporary, unclassified, substituted use. If there are less than four members present, the matter must be tabled.

The board of zoning appeals shall have the following powers, including those specified in section 46-1088(1):

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the plan commission.

(2)

Variances. To hear and authorize appeals for variances where, owing to special conditions, a literal enforcement will result in practical difficulty or undue hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured.

(3)

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the location of the boundaries of the zoning districts and floodplains, after the plan commission has made a review and recommendation. Floodplain boundaries shall be altered by the board of zoning appeals only when the applicant presents evidence that clearly and conclusively establishes that the location as shown on the zoning map is incorrect.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the plan commission has made a review and recommendation. Whenever the board of zoning appeals permits such a substitution, the use may not thereafter be changed without application.

(5)

Permits. The board of zoning appeals may reverse, affirm (wholly or partly) or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made.

(6)

Assistance. The board of zoning appeals may request assistance from other village officers, departments, commissions and boards.

(7)

Oaths. The chairman may administer oaths and compel the attendance of witnesses.

Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the village affected by the decision of the plan commission or village board. Such appeals shall be filed with the clerk within 90 days after the date of written notice of the decision or order of the plan commission. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed with the clerk. Such appeals and application shall include the following:

(1)

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

(2)

Plat of survey prepared by a land surveyor registered in the state or other map drawn to scale, showing all of the information required under chapter 18 of this Code for a building permit.

(3)

Additional information required by the board of zoning appeals, or the plan commission.

The board of zoning appeals shall fix a reasonable time and place for the hearing, publish a class two notice, and shall give due notice to the parties in interest and the plan commission. At the hearing the appellant or applicant may appear in person, by agent or by attorney.

No variance to the provisions of this chapter shall be granted by the board of zoning appeals unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

(1)

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use or conditional use in that particular district.

(2)

Exceptional circumstances. There must be 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, and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter shall be changed.

(3)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(4)

Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(5)

Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(6)

Additional requirements in floodplain districts. See section 46-1088(4) of this chapter.

The following procedures shall be used by the board of zoning appeals in settling disputes of conservancy district or floodplain district and shoreland boundaries:

(1)

Conservancy district disputes. Whenever the board of appeals is asked to interpret a C-1 lowland conservancy district boundary where an apparent discrepancy exists between the village's final wetland inventory map and actual field conditions, the village shall contact the state department of natural resources (DNR), or other appropriate authority, to determine if the wetland inventory map is in error. If the DNR staff, or the staff or another appropriate authority, concurs that the particular area was incorrectly mapped as a wetland, the board of zoning appeals shall direct the plan commission to initiate appropriate action to rezone the property within a reasonable amount of time.

(2)

Floodplain disputes. See sections 46-1088(3) and 46-1089 of this chapter.

(3)

Shoreland disputes. Whenever the board of zoning appeals is asked to interpret the location of a shoreland boundary, the building inspector shall contact the appropriate regional office of the state department of natural resources (DNR) for determination of navigability or ordinary high-water mark (OHWM) location.

(a)

The board of zoning appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board of zoning appeal's decision to the appellant or applicant, zoning administrator and the plan commission.

(b)

Conditions may be placed upon any zoning permit ordered or authorized by the board of zoning appeals.

(c)

Variances, substitutions or use permits granted by the board of zoning appeals shall expire within six months unless substantial work has commenced pursuant to such grant.

(d)

Applicants receiving variances in floodplains shall be notified, in writing, by the board of zoning appeals that increased flood insurance premiums may result from the granting of the variance. The board of zoning appeals shall keep a record of the notification in its files.

The board of zoning appeals shall transmit a copy of each application for a variance to conservancy regulations in the shoreland portion of the C-1 conservancy district or to the floodplain regulations in a FWO or FFO floodplain district, and a copy of all shoreland C-1 and floodplain appeals, to the state department of natural resources (DNR) for review and comment at least ten days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to shoreland conservancy regulations or to floodplain regulations, and a copy of all decisions to shoreland conservancy and floodplain appeals, shall be transmitted to the DNR within ten days of the date of such decision.

Any person aggrieved by any decision of the board of zoning appeals may present to the court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the board of zoning appeals.

The plan commission shall consist of seven members. One member and its presiding officer shall be the village president. One member may be the village engineer or his/her designee. One member shall be a trustee elected by a majority of the board each April. One member shall be the chairman of the park board. The other members shall be citizens of recognized experience and qualifications appointed by the village president, subject to confirmation by the village board. A citizen member shall be appointed annually during April for a term of three years.

Terms shall commence on the third Tuesday of April.

Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointment.

Vacancies shall be filled for the unexpired term in the same manner as appointments for the full term.

(a)

Meetings. Meetings shall be held monthly at the call of the president and shall be open to the public.

(b)

Quorum. A quorum shall be four members, but all actions shall require the approval of the majority of the plan commission.

(c)

Recordkeeping. A written record shall be kept showing all actions taken, resolutions, findings, determinations, transactions and recommendations made, and a copy shall be filed with the clerk as a public record. The written record shall also show members of the plan commission in attendance and members of the public who are heard by the plan commission.

(d)

Special meetings. No special meeting shall be called at the request of the chairman or the president on behalf of a petitioner or on behalf of an interested person prior to the deposit of an amount set by resolution of the village board with the clerk.

The village plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning, and such powers shall be limited to the following:

(1)

Make reports and recommendations relating to the plan and development of the municipality to public officials, agencies, utilities and to other organizations and citizens.

(2)

Recommend public improvement programs and financing to the village board or president.

(3)

Request available information from any public officer for its work, to be furnished within a reasonable time.

(4)

Employ experts and a staff and to pay for their services, supplies, equipment and such other expenses, not to exceed the appropriations and regulations made by the village board.

(5)

The plan commission's members and employees may enter upon lands in the performance of their duty.

The plan commission shall have the following functions and duties, including those specified in section 46-1087:

(1)

Make and adopt a master plan or make and recommend adoption of a comprehensive plan, or any components thereof, to the village board for the physical development of the municipality including any areas outside of its boundaries in accordance with Wis. Stats. § 62.23(2) and (3).

(2)

Make and recommend an official map to the village board in accordance with Wis. Stats. § 62.23(6).

(3)

Prepare and recommend a zoning map to the village board in accordance with Wis. Stats. § 62.23(7).

(4)

Prepare and recommend a land division ordinance to the village board in accordance with Wis. Stats. § 236.45.

(5)

Make any changes to the master plan they may deem necessary or desirable; to recommend any changes or amendments to the village board that they may deem necessary or desirable concerning the comprehensive plan, official map, zoning map, this chapter and chapter 50 of this Code.

The village board or other public officer, board or commission shall refer to the plan commission for their consideration and report thereon before action by the village board, office, or board or commission, the following matters:

(1)

Location, use, design, vacation, abandonment, sale, acceptance, extension, alteration, lease and acquisition of all public structures, buildings, utilities, lands, ways and waters in accordance with Wis. Stats. § 62.23(5). Also sections 46-378, 46-398 and 46-423 entitled plan commission review required, regarding multifamily buildings.

(2)

All annexations or incorporations to the village.

(3)

All division of lands within the village's platting jurisdiction.

(4)

All proposed or requested changes and amendments to the village's master plan, comprehensive plan or component thereof, official map, zoning map, and this chapter and chapter 50 of this Code.

The plan commission shall have all additional powers and duties granted or assigned by the village board or by ordinances.

The plan commission referrals to the village board which are subsequently approved by the village board shall expire in 12 months unless substantial progress has commenced pursuant to such approval by the village board.

(a)

Charges authorized.

(1)

Whenever the offices of the village attorney, village engineer or any other of the village's contract professional staff or whenever a member of the village's full-time staff are contacted for current services regarding a specific person's or entity's property, development or other special matter in the Village of Hartland by the village president, village board member, village board committee member, or village commission member or any representative, employee, agent or designee of the village, or a property owner or any person or entity or a respective representative, if said contact(s) result in a cumulative cost to the Village of Hartland in excess of $500.00 for such professional and staff time and services and said service is not a service provided to the Village of Hartland as a whole, then the village administrator shall be authorized to charge said person or entity for the current service provided and/or pursuant to Wis. Stats. § 66.0627, to impose a special charge for that current service to the benefited property owner for the fees incurred by the village.

(2)

This section shall be enforced on the basis of the policy as established by the village by resolution enacted by the village board and revised from time to time that shall include schedules for cash deposits and other means of securing payment to the village.

(b)

The village clerk or village finance director is authorized to invoice each person or entity for special charges, allowing a period of time, not more than 30 days, to pay for current services provided to that person or entity by village contract professionals or village staff. The invoice shall include an itemized statement of the professional or staff services provided.

(c)

The village clerk or village finance director shall give each property owner, invoiced for current services, notice that a hearing may be requested before the village board regarding the charges against the property. If a hearing is timely requested in writing within 20 calendar days of the mailing of the invoice for current services, the matter shall be heard in accordance with the provisions of this section on the issue of the cost of professional or staff costs incurred to benefit a specific land owner.

(d)

If any amount remains unpaid after the 30 days allowed for payment where no hearing has been timely requested, the village clerk shall automatically charge that delinquent amount, plus any applicable penalty and/or interest, against the current or next tax roll as a delinquent tax against the property pursuant to Wis. Stats. § 66.0627. In the event the invoice rendered to a property owner or the time allowing for payment precludes placement on the current year's tax roll, any such delinquent charge shall be extended to the following year's tax roll.

(e)

Upon receipt of a timely request for a hearing on the invoice for special charges, the village board shall hold a hearing regarding same at its next regular meeting or, at its discretion, at a special meeting. Such hearing shall be preceded by posted public notice and written notice to the property owner.

(f)

When a timely hearing has been requested, no current special charges for services shall be placed on the tax roll until a hearing has been held and a decision has been rendered and reduced to writing, a copy of which shall be mailed to the property owner. Only that part of the special charges for services approved by the village board may be placed on the tax roll after the property owner has been given 30 days to pay from the date of the village board's decision.

(g)

The village, in addition or instead of the above, may follow any other legal means to collect the amounts due.