(1)

Building inspector designated. The building inspector or designee or any member of the Village of Lannon Police Department under the direction of the chief of police is hereby designated as the administrative and enforcement officer for the provisions of this chapter. For such duties s/he may be provided with the assistance of such additional persons as the village board may direct.

(2)

Duties. In the enforcement of said chapter, the building inspector or designee or any member of the Village of Lannon Police Department under the direction of the chief of police shall perform the following duties. Members of the Village of Lannon Police Department will exercise authority only with respect to subsections (c) and (d).

(a)

Issue the necessary building permits and occupancy and zoning use permits required by the provisions of this chapter and provided its provisions and those of the building code have been complied with.

(b)

Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.

(c)

In case of any apparent violation of a provision of this chapter, notify, the actual violator where known, in writing, and the owner of the property on which the violation has occurred, and the village board, indicating the nature of the violation and the action necessary to correct it.

(d)

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this chapter.

(3)

Authority. In the enforcement of said chapter, the building inspector or designee or any member of the Village of Lannon Police Department under the direction of the chief of police shall have the power and authority for the following. Members of the Village of Lannon Police Department will exercise authority only with respect to subsections (b) and (c).

(a)

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

(b)

Upon reasonable cause or question as to proper compliance, to revoke any buildings or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the building inspector or the board of appeals; or take any other action as directed by the village board to insure compliance with or to prevent violation or its provisions.

(c)

In the name of the village and with authorization of the village board commence any legal proceedings necessary to enforce the provisions of this chapter or the building code including the collection of forfeitures provided for herein.

(Ord. of 12-9-02, § 1)

(1)

Purpose. This section is intended to promote compatible development; stabilize property values; foster the attractiveness and functional utility of the community as a place to live and work; preserve the character and quality of the built and natural environment by maintaining the integrity of those areas which have a discernible character; protect certain public investments in the area; and raise the level of community expectations for the quality of its environment. This section applies to commercial, industrial, institutional and multi-family residential development.

(2)

General requirements.

(a)

No commercial, industrial, institutional or multi-family residential structure (except single-family and two-family dwellings) shall hereafter be erected, moved, reconstructed, extended, enlarged, altered or changed until the plan commission has reviewed and approved plans for the site and structure. The plan commission shall not approve any plans unless they find after review and study of the application that the use or structure, as planned, will not violate the intent and purposes of this chapter.

(b)

To implement the purposes set forth in this section, the plan commission shall review the site, existing and proposed structures, neighboring uses, lighting, signage, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading (in the case of commercial and industrial uses), highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation. The plan commission will approve said site plans only after determining that:

1.

The proposed use(s) conform(s) to the uses permitted in that zoning district.

2.

The dimensional arrangement of buildings and structures conform to the required area offset, setback and height restrictions of the ordinance.

3.

The proposed use conforms to all use and design provisions and requirements (if any) as found in this ordinance for the specified uses.

4.

There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic.

5.

The proposed onsite buildings, structures and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress, interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting and parking, as specified by this chapter.

6.

Natural features of the landscape are retained where they can enhance the development on the site or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes or where they assist in preserving the general safety, health, welfare and appearance of the neighborhood.

7.

Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by appropriate screening, fencing or landscaping, as provided or required in this chapter.

8.

Land, buildings and structures are readily accessible to emergency vehicles and persons with physical disabilities.

9.

The proposed use does not significantly impact ground water quantity and quality, environment, drainage, the level of transportation service on public streets and any other public health, safety and welfare concerns (i.e., such impact shall be based on professional analysis).

10.

The site plan is consistent with the intent and purpose of this chapter, which is to promote the public health, safety and general welfare, to encourage the use of lands in accordance with their character and adaptability, to avoid the overcrowding of populations, to lessen congestion on the public roads and streets, to reduce hazards to life and property and to facilitate existing community development plans.

11.

The site plan is consistent with the public goals, objectives, principles, standards and policies set forth in the village's adopted land use plan or components thereof.

(3)

Application process. The plan commission shall accept applications for site plan review in accordance with the following two procedures:

(a)

Consultation. The plan commission will hear and discuss an applicant's conceptual development proposal. While detailed drawings and plans are not required, a firm idea of the development plans along with conceptual drawings are necessary. Plan commission discussion of the conceptual proposal shall not be viewed as a final commitment or vested right for or against future site development. (Note: This step may be bypassed at the request of the applicant).

(b)

Site plan approval. The plan commission will hear, discuss and act upon an applicant's detailed development proposal. Ten copies of the site plan and related data shall be submitted to the village 14 days prior to the commission meeting at which the site plan is scheduled for review. If plans are not submitted in a timely manner, the village zoning administrator may refuse to process the application for the scheduled meeting. Applications and their accompanying plans shall then be transmitted to the appropriate village departments and village plan commission for their review. Site plan data to be submitted with all site plan review applications shall include the following:

1.

Site plans drawn to a recognized engineering scale (i.e., 1:20 to 1:60) identified with the name of project.

2.

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

3.

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

4.

Date of plan submittal.

5.

Scale of drawing, site size (area in square feet or acres) and building area and coverage noted on plan.

6.

Existing and proposed topography shown at a contour interval of not less than two feet at national geodetic vertical datum.

7.

All building and offset setback lines indicated.

8.

Where applicable, both the 100-year recurrence interval floodplain and the floodway indicated.

9.

All drives, curb cuts and both ingress and egress locations indicated.

10.

The proposed location, design and dimensions of all signage to be placed on the site.

11.

Total number of parking spaces noted.

12.

The location and dimensional footprint of all proposed and existing structures within and adjacent to the development site.

13.

Architectural elevations of all building sides indicating height, construction materials and color drawn to a recognized architectural scale.

14.

Existing and proposed street names.

15.

Existing public street rights-of-way and/or street reservations and centerlines.

16.

All easements on the subject property.

17.

North arrow.

18.

Existing and general location of proposed sanitary sewers, storm sewers, water mains and fire hydrants (existing and proposed) and proposed electrical service easements. In addition, all locations for the proposed connections to such utilities should be indicated on the site plan.

19.

Any proposed stormwater management facilities, including detention/retention areas.

20.

Existing landscaping.

21.

A graphic outline of any development staging which is planned.

22.

General floor plans.

23.

Development open spaces (areas not occupied by any structures or impervious surfaces), floor area ratio, gross leasable area and gross floor area shall be indicated on the site plan.

24.

Certified survey map of site (Note: Plat of survey is adequate if no public road dedication and/or land division is required).

25.

Submittal and village board approval of a development agreement, if necessary and if the development requires construction or extension of public improvements into the site.

26.

Submittal and village engineer approval of a grading, drainage and erosion control plan and any other applicable engineering data in accordance with sections 78-42, 78-43 and 78-44 of this chapter.

27.

Traffic impact analysis if applicable (note: Decision to require a traffic analysis shall be made exclusively by the plan commission. The village shall also select and directly contract with the analyst at the developer's expense).

28.

Location, amount, size and type of proposed landscaping and landscape plantings as well as any proposed buffer areas for adjoining properties. An estimate for the total cost of all material and installation shall be included.

29.

Location of pedestrian sidewalks and walkways.

30.

Compliance with site and structure design criteria established in section 78-123 of this chapter.

31.

Written project summary including operational information, building schedule, market analysis if appropriate and estimate of project value including all site improvement costs.

32.

Other data may be required by either the village staff or plan commission to review the site plan.

(4)

Compliance and surety. The plan commission shall, in accordance with established standards, require the developer to establish an appropriate paving, erosion control, drainage, and/or landscaping surety to insure compliance with the approved site plan. The surety value shall not exceed 125 percent of the improvement cost as estimated by an approved contractor. If the developer does not install the required improvements within one year of site plan approval, surety proceeds shall be used by the village along with other legal remedies to construct the required improvements.

(5)

Expiration of site plan approval. An approved site plan shall expire one year after the date of such approval unless building permits have been obtained and significant construction begun on the development.

(6)

Amendments. Any subsequent change or addition to an approved plan or use shall be submitted to the village zoning administrator and plan commission for approval.

(1)

Purpose. This section is intended to promote compatible development; stabilize property values; foster the attractiveness and functional utility of the community as a place to live and work; preserve the character and quality of the built and natural environment by maintaining the integrity of those areas which have a discernible character; protect certain public investments in the area; and raise the level of community expectations for the quality of its environment. This section applies to commercial, industrial, institutional and residential development.

(2)

Findings.

(a)

The village board finds that:

1.

Trees and shrubs are proven producers of oxygen, a necessary element for human survival.

2.

Trees and shrubs appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe.

3.

Trees and shrubs transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems.

4.

Trees and shrubs have an important role in neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers.

5.

Trees and shrubs, through their root system, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control and flood control.

6.

Trees and shrubs are an invaluable physical, aesthetic and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of human developments on the land, particularly parking areas.

7.

Trees and shrubs have an important impact on the desirability of land and therefore on property values.

8.

Screening between two lots lessens the transmission of noise, dust and glare from one lot to another.

9.

Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimum screening can provide an impression of separation of spaces and more extensive screening can entirely shield one use from the visual assault of an adjacent use.

10.

Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening.

11.

Establishing and maintaining architectural standards will tend to maintain a high character of community development and protect real estate from impairment and destruction of value.

12.

Architectural standards will tend to prevent or minimize discordant and unsightly surroundings.

13.

Architectural standards will protect and perpetuate a pleasant and inviting view for the enjoyment, environmental and cultural enrichment of the citizens of the community and its visitors.

14.

Architectural standards will foster civic pride in the beauty of the community and enhance the community's aesthetic and economic vitality.

15.

The provisions of this part are necessary to safeguard the public health, safety and welfare.

(3)

Landscaping, screening, berming and ponds.

(a)

Street trees. The developer shall provide for the planting or retention of street trees on both sides of all new roadways and, where deemed appropriate by the plan commission for aesthetic purposes, along existing roadways adjacent to the development. Such trees shall have an minimum trunk caliper of one and one-half inch at a point one foot above the grade. To insure proper planting and growth, the trees shall be balled, burlapped and staked when installed. Such trees shall be provided at a rate of not less than one tree every 40 feet of new roadway frontage and located within the road right-of-way at a point two feet from the right-of-way line unless otherwise required by the plan commission. The species of trees should be from the approved plant list, other trees are to be approved by the plan commission.

CLASSIFICATION OF PLANTS

(b)

Retention of existing trees. Existing trees should be retained to the greatest extent possible and protected during the course of development.

(c)

Parking lot landscaping. Off street parking lots with more than ten stalls shall have at least ten percent of the interior parking area landscaped. At least one tree and six shrubs shall be located in the landscape islands, per 200 square feet of landscape island area.

(d)

Screening. The following requirements apply:

1.

Every development shall provide sufficient screening to shield adjacent properties from adverse external effects as determined by the plan commission of that development and/or to shield the development from the negative impacts of adjacent uses, streets or railroad.

2.

Where a non-residential or multi-family residential site except for developments under 78-86(3)b and c adjoins a single-family residential site, a solid wall or fence, vine covered fence or compact vegetative screen not less than five feet in height, shall be located adjoining the property line except in a required front yard. For developments under 78-86(3)b and c, if authorized by the village board, after review and approval of the planning commission, the requirements can be accomplished with a landscaping, grading, or buffering in lieu of a solid fence, and this requirement may be waived if such a requirement already exists on the neighboring property.

3.

In non-residential or multi-family residential developments, the required landscaping area between the abutting road right-of-way and parking/driveway areas will be planted with materials suitable for screening or ornamenting the site, whichever is appropriate.

4.

Refuse and recycling dumpsters shall be located and screened in accordance with village requirements. The method of screening is required to compliment or match the building in color and type of material.

(e)

Landscaping standards. The following standards apply to commercial/Industrial or multi-family residential sites.

1.

The undeveloped area of any commercial or multi-family residential site (exclusive of areas under roof or pavement) shall be landscaped with approved living trees, shrubs, vines, flowers, grass and ground covers and may include water bodies, crushed rock, sand, wood chips, landscaping furniture and ornamental pieces.

2.

At least one climax or medium tree and two shrubs shall be planted for each 1,000 square feet or portion thereof of the area to be landscaped. Each required tree shall have an initial caliper of no less than one and one-half inches at a point one-half feet above grade, and a height of at least seven feet.

3.

No tree shall be located within ten feet of a street light, stop sign, fire hydrant, street sign or directional sign.

4.

All landscaping material located within a sight distance triangle shall be two feet or less in height.

5.

No permanent impervious surfacing or sub-surfacing shall be located around the base of any tree or shrub which may impede growth of said plant.

(f)

Landscape requirements for building foundations.

1.

Buildings constructed after the effective date of these standards and guidelines shall be accented by at least a minimum amount of landscaping placed near the building foundation.

2.

Landscaping for building foundations shall be placed so that at maturity, the plant's drip line is located within ten feet of the building foundation.

3.

For each 100 feet of building foundation perimeter, ten shrubs (a variety of tall and medium) or as approved by the plan commission shall be provided.

4.

Climax trees and large trees shall not be used to meet this requirement.

(g)

Landscaping installation. All landscaping shall be installed within one year of site plan approval and planted in a sound workmanship manner and according to accepted good planting procedures with quality plant materials. A qualified representative of the village shall inspect all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided or the appropriate surety is established in compliance with section 78-122(4) for future installation of the required landscaping.

(h)

Landscaping maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All landscaping areas shall be provided with a readily available water supply. The developer or property owner of a subdivision, condominium, industrial, institutional, commercial or multi-family residential site shall promptly replace any landscaping which is dead or damaged beyond repair for perpetuity.

(i)

Berm requirements. The construction of earth berms shall be permitted subject to plan commission review, any engineering/grading considerations and the following:

1.

The berm shall not exceed four and one-half feet in vertical height and shall be located at least five feet from the road right-of way.

2.

An earth berm exceeding four and one-half feet in vertical height shall be permitted only after approval of the plan commission as to the height and location and landscaping of the berm.

3.

All berms shall be constructed such that the width of the base of the berm shall be no less than three times the vertical height of a berm. The vertical height of a berm shall be measured from an average of the existing ground grades on either side of the berm.

4.

A cover growth of village approved plant material or mulching containing no noxious weeds shall be immediately established over the entire berm to prevent erosion or unsightly conditions.

5.

In addition to a cover growth of plant material, all berms shall have landscape plantings spaced randomly to help visually break up the continuous line of the berm. Berm and landscape plans for commercial, multi-family, condominium and subdivision development shall be approved by the plan commission. Berm plans for single-family residential lots shall be approved by the building inspector.

6.

Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearance and provide reasonably complete coverage within three months after planting.

(4)

Fencing and miscellaneous structure requirements.

(a)

Fences, including walls and other architectural screening devices, when anchored to supports imbedded in the ground shall be considered permanent structures and shall be subject to the following:

1.

No such structures shall be permitted that by reason of appearance or other objectionable factor creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property.

2.

All fences shall conform to the requirements of the Village of Lannon Building Code.

(b)

Recreational and other miscellaneous structures greater than four and one-half feet in height shall be permitted provided they conform to the open space, height, offset and setback requirements of the zoning district in which they are located. If, however, upon review of the structural plans by the zoning administrator, a structure is determined to have a potential adverse impact on surrounding properties, approval of the plan commission may be required prior to constructing the structure.

(5)

Architectural requirements and standards. To implement the purposes set forth in section 78-123(l) and in accordance with the findings represented in section 78-123(2)(a) of this chapter, the following architectural review criteria and processing requirements are established:

(a)

Building scale and mass. The relative proportion of a building to its neighboring existing buildings, to pedestrians or observers or to other existing buildings shall be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.

(b)

Building roof lines and roof shades. The visual continuity of roofs and their contributing elements (parapet walls, coping, cornices, etc.) shall be maintained in building development or redevelopment. Heating, ventilation, air conditioning and other rooftop mechanical equipment must be appropriately screened from view.

(c)

Materials. Material selection for architectural design shall be based upon the prevailing material already used on existing buildings in the area. No building shall be permitted when any exposed facade is constructed or faced with a finished material which is aesthetically incompatible with other building facades in the area and which presents an unattractive appearance to the public and surrounding properties.

(d)

Colors. Since the selection of building colors has a significant aesthetic and visual impact upon the public and neighboring properties, colors for business properties shall be selected in general harmony with the existing neighborhood buildings.

(e)

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

(f)

Compatibility. No building shall be permitted the design or exterior appearance which is of such unorthodox or abnormal character in relation to the surroundings as to be unsightly or offensive to generally accepted taste. Additionally, no building shall be permitted the design or exterior appearance which is so identical with those adjoining as to create excessive monotony and drabness.

(g)

Commercial, industrial, institutional and multi-family residential architectural review. The village plan commission shall be responsible and have authority to hear, review and act upon proposed commercial, industrial and multi-family residential architectural plans. Plans shall be submitted in accordance with section 78-122 and administered by the village zoning administrator.

(6)

Outdoor lighting installations. It is the purpose and intent of this section to regulate and reduce the nuisance caused by unnecessary intensity of artificial illumination of property and buildings, to preserve the rural character of the Village of Lannon, to promote the safety and welfare of its citizens by restricting glare producing sources of light and generally establish proper levels of lighting.

(a)

Definitions:

Height means the height of a light structure shall be the vertical distance between the uppermost extremity of any light structure, pole or supporting member and the grade level.

Luminaire means a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

Cutoff luminaire. Any luminary that does not emit light at an angle greater than 90 degrees from vertical and has less than ten percent of maximum candlepower above 75 degrees.

Light source. A single artificial point source of luminescence.

(b)

General regulations. The following regulations shall apply to all luminaries installed, erected or maintained in any zoning district.

1.

No light structure shall exceed 20 feet in height unless otherwise approved in accordance with this section.

2.

Unless otherwise approved in accordance with this section, all luminaries shall be of a cutoff design and shall be shielded or directed so as to confine the area of light dispersion to the property and/or building area which it is intended to illuminate. More specifically, all lighting installations shall conform to the following standards:

3.

Lighting wattage shall generally not exceed 250 watts.

4.

Ground mounted lighting. All ground mounted luminaries designed or intended for purposes of illuminating buildings, signs, flagpoles or other onsite amenities shall be completely screened with vegetative cover or other materials as approved by the plan commission in order to fully shield the light source from public view.

5.

Building lighting. All luminaries designed or intended for purposes of lighting any building on the premises shall limit, to the greatest extent possible, spill-over of light into the sky. Building mounted lighting shall be appropriately shielded to prevent glare.

(c)

Permits. Prior to the erection, installation or placement of any exterior artificial light source, an application for permit shall be filed with the building inspector. All applications shall include a scaled plan depicting the proposed number, specific locations, intensity (stated in wattage and lumens), manufacturers fixture cutsheet and the type of illumination of all light sources. The plans submitted in compliance hereto shall not necessarily be deemed sufficient to fulfill the technical requirements of the building and electrical ordinance of the village but are in addition thereto.

Any permit issued by the building or electrical inspector under the provisions of this section shall expire and be null and void if not implemented within six months of the date of approval. Whenever a permit is granted in conjunction with a site plan approval, such permit shall be valid for the same time period as the related site plan.

(d)

Prohibitions. The following types of lighting shall be prohibited except as otherwise approved in accordance with subsection (f) of this section.

1.

Any artificial light source that creates glare within the normal range of vision from any public walk or thoroughfare under normal weather conditions.

(e)

Effect of adoption of this section.

1.

For any establishment having existing light sources that do not wholly comply with the provisions of this chapter, all future plan commission approvals related to such establishments shall be subject to approval of an outdoor lighting plan in conformance with this section.

(f)

Exceptions. The plan commission may, in its judgment, waive or modify the provisions of this subsection where, in their opinion, it would further the public interest.

( Ord. No. 19-5 , § 4, 4-25-19)

(1)

Compliance. This chapter permits specific uses in specific districts; and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. All structures, lands, air and waters shall hereafter, in addition to their use, site and sanitary regulations, comply with the following performance standards, and all applicable standards set forth by the Wisconsin Departments of Commerce and Natural Resources in the Wisconsin Administrative Code.

(2)

Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation, or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mine's Information Circular 7718.

(3)

Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings that have incombustible exterior walls and an automatic fire extinguishing system. The above-ground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:

(4)

Glare and heat. No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

(5)

Water quality protection. No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would purposely be allowed as a part of routine business operations to run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

In addition, no activity shall discharge any liquid, gaseous, or solid materials so as to exceed or contribute toward the exceeding of, the minimum standards and those other standards and the application of those standards set forth in Chapter NR-102 of the Wisconsin Administrative Code for all navigable waters in the county.

(6)

Noise. No activity shall produce a sound level outside the district boundary that exceeds the following sound level measured by a sound level meter and associated octave band filter:

All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat

frequency,

impulse character, periodic character or shrillness.

(7)

Odors. Except in the agricultural district, no activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside their premises. The guide for determining odor measurement and control shall be Chapter NR 154, of the Wisconsin Administrative Code.

(8)

Radioactivity and electrical disturbances. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

(9)

Vibration.

(a)

In non-industrial districts, no vibration, except during temporary construction activity, shall be permitted that is discernible without instruments beyond the property line of the source.

(b)

In the Industrial and the Quarry Districts there shall be no operation or activity that would cause ground transmitted vibrations in excess of the limits set forth below at the boundary of this district under any conditions, nor beyond the property line if it would adversely affect any other use within the district.

Vibrations shall be further subject to applicable federal, state and local laws and regulations.

The text of the official zoning regulations and the corresponding official zoning district map shall be kept on file in the offices of the village and any other copies thereof shall be purely informational and shall not have the status of law. Said text and map shall be identified by the signature of the village president, attested by the village clerk and bearing the seal of the village under the following words: "This is to certify that this is the Official Zoning Ordinance Map referred to in section 78-125 of the Village Zoning Ordinance, Village of Lannon, Waukesha County, State of Wisconsin," together with the date of the adoption of this chapter.

(1)

Authority. Pursuant to the provisions of Wis. Stats. § 62.23(7) the village board may, after first submitting the proposal to the plan commission for report and recommendation and after notice and public hearing as hereinafter provided, amend the regulations of this chapter or change the district boundaries.

(2)

Procedure.

(a)

Initiation. A proposal to amend the text or change the district mapping of this chapter may be initiated by the village board on its own motion, by recommendation of the plan commission, or by petition of one or more property owners.

(b)

Filing of petition. A petition for change or amendment submitted by a private property owner shall be prepared in triplicate on printed forms provided for the purpose and filed with the village clerk and shall be accompanied by a fee established by the village board to defray the cost of giving notice, investigation and other administrative processing.

(c)

Data required. In addition to all information required on the petition form, the petitioner shall supply the following:

1.

A plot map drawn in triplicate to a scale no smaller than 100 feet to the inch for tracts of less than ten acres and no smaller than 200 feet to the inch for tracts of ten acres or more, showing the land in question, its location, the length and direction of each boundary thereof, the location and the existing use of all buildings on such land and the principal use of all properties within 300 feet of such land.

2.

The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed change.

3.

Any further information that may be required by the plan commission to facilitate the making of a comprehensive report to the village board.

(d)

Referral.

1.

The plan commission shall conduct a study and investigation and where deemed desirable, an informal hearing, and report its recommendation to the village board as promptly as possible.

(e)

Official hearing. The village board shall hold a public hearing upon the petition in the manner provided by section 78-128 of the municipal chapter.

(f)

Action.

1.

As soon as possible after such public hearing, the village board shall act to approve, modify and approve, or disapprove the proposed change or amendment.

2.

The village board shall not take action without having first heard the recommendation of the plan commission.

3.

Should the board not concur in the recommendation of the plan commission, it shall re-refer the matter to the commission for reconsideration before taking final action.

4.

An approved change shall be by appropriate ordinance, and necessary changes in the official zoning map or text shall be made promptly.

( Ord. No. 20-1 , § 2, 3-9-20)

Editor's note— An ordinance adopted July 14, 2008, § 3, repealed § 78-127 in its entirety. Former § 78-127 pertained to village plan commission and derived from an ordinance adopted Sept. 13, 1999.

(1)

Required. In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this chapter in the manner hereinafter defined.

(2)

Procedure.

(a)

Posting and publishing.

1.

Except as may be otherwise herein specifically provided, such notices shall be given not less than 15 days prior to date of such hearing by posting such notice in at least three public places in said village.

2.

When the hearing involves a proposed change in the zoning district classification of any property or the granting of a conditional use, one of the notices shall be posted in the vicinity of such proposed change or conditional use where practical and the village clerk shall mail notice of the public hearing to the owners of all lands within 300 feet of any part of the land included in such proposed change or conditional use at least ten days before such public hearing. The failure of such notice to reach any property owner, provided such failure be not intentional, shall not invalidate any amending ordinance, or grant of conditional use.

(b)

Information. Such notices shall state the time and place of such public hearing and the purpose for which the hearing is held, and shall include, in the case of map changes, a description of the area involved and in the case of text, changes a description of the proposed change, in sufficient detail for general public identification. Reference shall also be made to the fact that detailed descriptions are available for public inspection at the clerk's office.

(c)

Petitions not involving zoning change. Where such hearing is required by the provisions of this chapter as a result of a request for other than a zoning change or appearance before the board of appeals, such request shall be presented to the village clerk in writing and shall be accompanied by a map or description clearly identifying the property involved and by a fee determined by the village board, payable to the village, to defray the cost of notification and holding of a public hearing.

(d)

Informal hearings. Hearings not specifically required under the provisions of this chapter may be noticed as deemed appropriate by the body holding the hearing.

(1)

Appeal rights. Any person aggrieved, or any officer, department, board or bureau of the village affected by a decision of the administrative officer or of the plan commission may appeal such decision to a board of appeals as hereinafter established, provided such appeal be taken within a reasonable time, as provided by the rules of said board of appeals, and provided such appeal falls within the classification as set forth under the powers of the appeal board.

(2)

Board of appeals.

(a)

Establishment. There shall be a board of appeals consisting of five members appointed by the village president, subject to confirmation by the village board, for terms of three years, except that of those first appointed, one shall serve for one year, two for two years and two for three years. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The village president may appoint, for a term of three years, an alternative member of such board, in addition to the five members above provided for, who shall act with full power only when a member of the board refuses to vote because of interest. The above provisions with regard to removal and the filling of vacancies shall apply to such alternate.

(b)

General rules.

1.

The members of the board of appeals shall serve at such compensation as is fixed by ordinance.

2.

Members shall be removable by the village president for cause upon written charges and after public hearing.

3.

The village president shall designate one of the members chairman and the board of appeals may designate such other officers and employ such employees as it feels necessary.

4.

The board of appeals shall adopt rules governing its procedure consistent with the terms of this chapter.

(c)

Meetings. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the board and shall be a public record.

(d)

Powers. The board of appeals shall have the following powers as defined by statute:

1.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

2.

To hear and decide special exceptions to the terms of this chapter upon which such board is required to pass under this chapter.

3.

To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done.

a.

The board of appeals may, upon appeal, grant a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates that:

1)

Literal enforcement of the provisions of the chapter will prohibit any reasonable use of the property. Unnecessary hardship is present only when the applicant has demonstrated that he or she will have no reasonable use of the property in absence of the variance;

2)

Such variance is not contrary to the public interest;

3)

Such variance is consistent with the purpose and intent of the zoning code and the zoning district.

b.

A variance shall not:

1)

Grant, extend or increase any use prohibited in the zoning district;

2)

Be granted for a hardship based solely on an economic gain or loss;

3)

Be granted for a hardship which is self-created;

4)

Damage the rights or property values of other persons in the area;

4.

To permit, in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.

(e)

Additional requirements. In making its determination the board shall consider whether the proposed exception, or variance would be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of physical, social or economic effects; and may impose such requirements and conditions with respect to location, construction, maintenance and operation—in addition to any which may be stipulated in this chapter—as the board may deem necessary for the protection of adjacent properties and the public interest and welfare.

(f)

Performance standards. In order to reach a fair and objective decision the board may utilize and give recognition to appropriate performance standards which are available in model codes or ordinance or which have been developed by planning, manufacturing, health, architectural, and engineering research organizations.

(g)

Enforcement of decision. In exercising the above mentioned powers, such board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit provided that no such action shall have the effect of permitting in any district a use prohibited in that district; of rezoning; of granting a conditional use or special exception where such grant is not specifically assigned to the board for determination under this chapter; or of permitting, without the approval of the plan commission any building within the base setback area as hereinafter established by the provisions of this chapter.

(h)

Required vote. The concurring vote of four members of the board shall constitute a quorom. If a quorom is present, a majority vote shall be necessary to reverse any order, requirements, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this section or to effect any variation therefrom. The grounds of every such determination shall be stated. If there are less than four members present, the matter must be tabled.

(i)

Further appeal. Any person or persons aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board or bureau of the municipality may appeal from a decision of the board of appeals within 30 days after the filing of the decision in the office of the board of appeals in the matter provided in Wis. Stats. § 62.23.7(e).

(3)

Procedure.

(a)

Filing. A notice of appeal shall be filed with the officer from whom the appeal is taken and with the board of appeals, specifying the grounds thereof and accompanied by a fee determined by the village board to defray the cost of giving notice, investigation, and other administrative processing. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

Stay. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Hearing. Each appeal shall be heard within 40 days from the time of filing and public notice of such hearing shall be given as provided by section 78-128 of this chapter as well as to the parties in interest. Such notice however shall require only one publication which shall not be less than ten days prior to the date of the hearing, and one posting on a public bulletin board in the village hall. Any party may appear in person, or by agent or by attorney representing him.

(d)

Decision. The board of appeals shall render its decision in writing within 15 days after completion of the hearing thereon.

(e)

Special exceptions. Requests for special exceptions upon which the board of appeals is required to pass under the provisions of this chapter shall be presented by petition and a public hearing held thereon as provided for appeals.

(f)

Variances void after 12 months. If the applicant fails to act on a variance granted within 12 months of the date the variance was approved, the variance shall be null and void.

(Ord. of 8-14-06, § 1)

Where no application fee is prescribed under this chapter or where the prescribed fee is inadequate to cover the costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of such application, said costs shall be charged to the applicant.

(1)

Penalties. Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall be subject to a forfeiture of not less than $50.00 and not to exceed the sum of $1,000.00 for each offense, together with the costs of the action, and in default of the payment thereof, shall be imprisoned in the County Jail of Waukesha County, as directed by the court or that the driver's license privileges of the defendant be suspended until such forfeiture and the subsequent costs have been paid. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.

(2)

Enforcement by injunction. Compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the village or one or more owners of real estate situated within an area affected by the regulations of this chapter.

(3)

Declared nuisances. Any building erected, structurally altered, or placed on a lot, or any use carried on in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the village may apply to any court of competent jurisdiction to restrain or abate such nuisance.

(4)

Citation. Pursuant to Wis. Stats. § 66.119, the village elects to use the citation method of enforcement of ordinances other than those for which a statutory counterpart exists.

(a)

Form. The citation shall contain the following:

1.

The name and address of the alleged violator.

2.

Factual allegations describing the alleged violation.

3.

The time and place of the offense.

4.

The section of the chapter violated.

5.

A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.

6.

The time at which the alleged violator may appear in court.

7.

A statement which in essence informs the alleged violator:

a.

That, if applicable, a cash deposit based on the schedule established by this chapter may be made which shall be delivered or mailed to the clerk of court prior to the time of the scheduled court appearance.

b.

That if a deposit is made, no appearance in court is necessary unless he is subsequently summoned or unless the original citation requires an appearance.

c.

That if a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest and judgment will be entered thereon.

d.

That if no cash deposit is made and the alleged violator does not appear in court at the time specified, default judgment may be entered without further notice.

8.

A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under subsection (7) above has been read. Such statement shall be sent or brought with the cash deposit.

9.

Such other information as the village deems necessary.

(b)

Schedule of deposits.

1.

The following recommended schedule of cash deposits is established for use with citations issued for violations of any section of the zoning code:

First Offense .....$50.00

Second Offense .....100.00

Third Offense .....200.00

2.

Deposits shall be made in cash, money order or certified check to the Clerk of Court who shall provide a receipt therefor.

(c)

Issuance of citation.

1.

Law enforcement officer. Any member of the Village of Lannon Police Department under the direction of the chief of police may issue citations authorized under this chapter.

2.

The building inspector and any other village inspector, including any member of the Village of Lannon Police Department under the direction of the chief of police, may issue citations with respect to those specified ordinances that they are required to or are authorized by law to enforce.

(d)

Procedure. Wis. Stats. § 66.119(3), relating to violator's options and procedure on default, is adopted and incorporated herein by reference.

(e)

Nonexclusivity.

1.

Other ordinance. Adoption of this chapter does not preclude the village board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

2.

Other remedies. The issuance of a citation hereunder shall not preclude the village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

3.

Payment of penalty assessment and costs. The penalty assessment and costs. The penalty assessment and costs allowed by state statutes shall be added to the deposit to be made by an alleged violator.

(Ord. of 12-9-02, § 1)

The several sections, subsections and paragraphs of this ordinance are hereby declared to be severable. If any section, subsection, paragraph, or subparagraph of this chapter shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of the chapter, or of the section of which the invalid portion or paragraph may be a part.

Following preparation and publication by the village board, this chapter shall be in full force and effect in the Village of Lannon upon the proper posting and publication of the chapter and the official map contained therein pursuant to the provisions of Wis. Stats. § 61.51(1)(2) wherein the said chapter shall be posted in at least three public places within the village and proof of such posting thereof shall be filed and recorded with the village clerk and this chapter shall take effect on the day after the proof of such posting has been filed and recorded with the village clerk.

Passed and approved by the Village Board of the Village of Lannon, Waukesha County, Wisconsin, this 13th day of September 1999.