The Village Plan Commission, pursuant to Section 13.10 of the General Ordinance of the Village of West Milwaukee, shall have the duties of making reports and recommendations related to the planning and development of the Village to public officials, agencies, public utility companies, civic, educational, professional and other organizations, and citizens. The Plan Commission may employ staff and expert advice upon the authorization of the Village Board. The Plan Commission may request assistance from any department, agency, committee or commission of the Village. The commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning.

To the fullest extent possible, the Plan Commission and its staff shall make available to the public all reports and documents concerning the Village comprehensive plan and any component thereof. In addition, all available 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 costs of providing information to the public.

The Village Administrator or his/her designee is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Village Administrator or his/her designee shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Village Administrator or his/her designee shall further:

(1)

Maintain records of all permits issued, inspections made, work approved, and other official actions.

(2)

Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.

(3)

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.

(4)

Assist the Village Attorney in the prosecution of ordinance violations.

(5)

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, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.122.

(6)

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

(7)

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

(8)

Attend all meetings of the Village Plan Commission and the Village Zoning Board of Appeals.

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a building permit from the Village Administrator or his/her designee, unless otherwise exempted pursuant to Section 98-255 of this chapter. Applications for building permits shall be made in duplicate to the Village Administrator or his/her designee on forms furnished by the Village Administrator or his/her designee and shall include the following where applicable:

(1)

Name 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 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 registered land surveyor showing the location, boundaries, dimensions, elevations to Village of West Milwaukee datum, uses, and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; offstreet parking, loading areas and drive-ways; existing highway access restrictions; location and size of existing trees of 24" diameter at breast height or greater, indicating any such trees to be removed and the location and size of proposed replacement trees; existing and proposed drainage and flow pathways; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

Condominium declaration. Any developer of land in the Village of West Milwaukee who elects to create a condominium pursuant to Wis. Stats. ch. 703 shall submit a copy of the condominium declaration, and any amendment thereto, to the Village Administrator or his/her designee to be attached to the file copy of the building permit application.

(5)

Additional information as may be required by the Village Plan Commission, Village Engineer, or Village Administrator or his/her designee.

(6)

A building permit shall be granted or denied in writing by the Village Administrator or his/her designee within 30 days after application. All conditional use permits shall be granted or denied within 60 days after application, unless the time is extended by mutual consent of the applicant and the Village. The permit shall expire within six (6) months unless substantial work has commenced, and within 12 months if the structure for which the permit was issued is not substantially completed. Building permits may be renewed or extended for one-half the required building permit fee. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(7)

No building permit shall be required for a building, structure, or improvement thereto with a value of less than $500.00.

(Ord. No. 02-O-22, 6-20-2022)

(a)

No new building placed on any lot or parcel, except single-family and two-family residences, shall be occupied or used; and no building or premises, except single-family and two-family residences, shall be altered, or moved, or create a change in use; and no nonconforming use shall be maintained, renewed, changed, or extended until an occupancy permit shall have been issued by the Village Administrator or his/her designee. Such permit shall show that the land, building or other improvement is in compliance with the provisions of the zoning ordinance, Uniform Dwelling Code, State Building Code (Chapters DILHR 50 to DILHR 64 of the Wisconsin Administrative Code) Electrical Code, Fire Prevention Code and the Plumbing Code of the Village of West Milwaukee and State of Wisconsin. Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to Section 98-254 of this chapter. Such permit shall be applied for at the time of occupancy of any land and/or building. the Village Administrator or his/her designee may require electrical, plumbing, fire, structural, and other inspections and may place reasonable conditions on the issuance of an occupancy permit. The Village Administrator or his/her designee may revoke any and all occupancy permits, regardless of when they were issued, when the terms of said permit are not being complied with.

(b)

No land without structures shall be occupied or used; and no use shall be altered, or moved, changed; and no nonconforming use shall be maintained, renewed, changed, or extended until an occupancy permit shall have been issued by the Village Administrator or his/her designee. Such permit shall show that the land or other improvement is in compliance with the provisions of the zoning ordinance and other applicable codes, ordinances, and laws of the Village of West Milwaukee and State of Wisconsin. Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to Section 98-254 of this chapter. Such permit shall be applied for at the time of occupancy of any land and/or building. The Village Administrator or his/her designee may require electrical, plumbing, fire, structural, and other inspections and may place reasonable conditions on the issuance of an occupancy permit. The Village Administrator or his/her designee may revoke any and all occupancy permits, regardless of when they were issued, when the terms of said permit are not being complied with.

(c)

No building, except single-family, two-family, and multi-family dwellings shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new occupancy permit by the Village Administrator or his/her designee. Such permit shall show that the building or premises or part thereof is in compliance with the provisions of the zoning ordinance, Uniform Dwelling Code, State Building Code (Chapters DILHR 50 to DILHR 64 of the Wisconsin Administrative Code) Electrical Code, Fire Prevention Code and the Plumbing Code of the Village of West Milwaukee and State of Wisconsin. Such permit for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to Section 98-254 of this chapter. The Village Administrator or his/her designee may require electrical, plumbing, fire, structural, and other inspections and may place reasonable conditions on the issuance of an occupancy permit. The Village Administrator or his/her designee may revoke any and all occupancy permits, regardless of when they were issued, when the terms of said permit are not being complied with.

The Village Plan Commission may authorize the Village Administrator or his/her designee to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. Applications for conditional use permits shall be made in duplicate to the Village Administrator or his/her designee on forms furnished by the Village Administrator or his/her designee and shall include the following where pertinent and necessary for proper review by the Plan Commission:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; the zoning district within which the subject site is located; the type of conditional use and authorizing zoning ordinance Section; proposed plan of operation of the structure or site; type of structure; and number of employees. Additional information may be required and may include plans showing elevations or contours of the ground; fill elevations; first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; soil types; and other pertinent information.

(3)

Plat of survey prepared by a registered land surveyor showing all of the information required under Section 98-254(3) for a building permit and, in addition, the mean and historic high water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.

(4)

Additional information as may be required by the Village Plan Commission, Village Engineer, or Village Administrator or his/her designee.

(5)

Review and approval. The Village Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, tree preservation and planting, drainage and stormwater management measures, sewerage and water systems, and the proposed plan of operation. Conditions regarding landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the Village Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(6)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in Article XI of this chapter.

(7)

Public hearing. The Village Plan Commission shall hold a public hearing on each application giving public notice as specified in Article XIII of this chapter. The Plan Commission may subsequently issue the conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.

(8)

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall be the same as the process required for granting a conditional use permit as set forth in this section.

(9)

Revocation of conditional use permit. Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the Plan Commission or should the use, or characteristics of the use be changed without prior approval by the Plan Commission, the conditional use permit may be revoked. The process for revoking a permit shall be the same as the process required for granting a conditional use permit as set forth in this section.

(Ord. No. 02-O-22, 6-20-2022)

(a)

Uses allowed. The following temporary uses are conditional uses and may be permitted as specified.

(1)

Flea markets, carnivals, circuses and animal shows and outdoor group assemblies may be permitted in a B-1, B-2, or any manufacturing district for a period not to exceed five days. The Plan Commission may limit or prohibit the display of dangerous animals such as tigers or snakes.

(2)

Christmas tree sales may be permitted in a B-1, B-2, or any manufacturing district for a period not to exceed 45 days.

(3)

Farmers markets may be permitted in a B-1, B-2, or any manufacturing district for a period not to exceed 120 days.

(4)

Firework novelty item sales may be permitted in the B-1, B-2 and manufacturing district, not to exceed 45 days.

(b)

Regulations for temporary conditional uses. No temporary use listed herein shall be conducted within the street right-of-way. All buildings, tents, equipment, supplies, and debris shall be removed from the site within ten days following the temporary activity. All wastes and debris generated shall be properly managed, enclosed and disposed of so as to prevent the discharge of contaminated stormwater runoff into the storm drainage system or surface waters. All other provisions of the Village regulations apply including, but not limited to, signs and special event licenses.

(Ord. No. 08-O-09, § 1, 12-7-2009, Ord. No. 01-O-15, 3-2-2015; Ord. No. 02-O-22, 6-20-2022)

For the purpose of promoting compatible development, stability of property values, and to prevent impairment of depreciation of property values, no person shall be issued a building permit, conditional use permit, or occupancy permit for any use or shall erect any structure without first obtaining the approval of detailed plans as set forth in this section.

The Village Administrator or his/her designee or other person as authorized by the board of trustees shall review the site plans, existing and proposed structure plans, architectural plans, neighboring uses, parking area plans, driveway location plans, landscaping and open space plans as deemed appropriate for all development in the RS-1, RS-2, and RD-1 residential districts.

The Plan Commission shall review the site plans, existing and proposed structure plans, architectural plans, neighboring uses, parking area plans, driveway location plans, loading and unloading plans, highway access plans, traffic generation and circulation plans, drainage and stormwater management plans, sewerage and water system plans, landscaping and open space plans, and the proposed operation plans in all districts except the RS-1, RS-2, and RD-1 residential districts.

(1)

General guidelines.

a.

No building 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.

b.

No building shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.

c.

No building shall be permitted where any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.

d.

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.

e.

No building or use shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the Village.

f.

Buildings and uses shall maintain existing topography, drainage patterns, mature trees, and vegetative cover insofar as is practical. The Plan Commission may require that drainage easements be executed.

g.

Changes in topography at the property line shall be consistent with the requirements of Section 98-30(5) of this chapter.

h.

Appropriate erosion control and stormwater management measures shall be utilized in all new development.

i.

Buildings and uses shall provide for safe traffic circulation and safe driveway locations.

j.

Buildings and uses shall provide adequate parking and loading areas.

k.

Buildings and uses shall be provided with adequate public services as approved by the appropriate utility.

l.

No outside storage shall be permitted without Plan Commission approval.

m.

Buildings and uses shall make appropriate uses of open spaces and the Village Plan Commission may require appropriate landscaping and planting screens.

(2)

Additional design review guidelines. While it is not the intent of the Village that the following guidelines should legislate public taste or a particular school of design, the Village recognizes the need to supply guidelines for acceptable design where applicable to potential applicants. The Village of West Milwaukee encourages good design in every project. However, it recognizes that good design can be in conflict with its surroundings. These guidelines attempt to create a harmonious environment and image; protecting property values as well as setting a high aesthetic standard for new construction and uses and to changes or additions to existing structures and uses.

The following general guidelines apply:

• New buildings should be compatible with nearby buildings in terms of materials, scale, proportion, and visual organization, but not mimic their neighbors.

• Buildings in areas with pedestrian traffic should be scaled and detailed for the pedestrian, not the automobile driver or rider.

• When they form a regular, traditional pattern in plan, existing facade lines should be preserved and respected.

• Specific features contributing to the understanding of a building's history or development should be created, restored, or maintained.

• New buildings should be oriented toward the principal street abutting the parcel.

• Designs should take into account the building and the site as a whole composition, not as competing factors. The site, the setting, and the amenities surrounding the building on the site should be considered important components of the building's design.

a.

Materials and colors. Building materials and color schemes should generally follow a similar theme as other buildings in the area to create a cohesive and consistent architecture character. It is not the intent of the Village to prevent architectural expression; however, it is interested in the outcome of design efforts as they relate to the overall image of the area. Therefore, the Village requires detailed colored building exterior elevations of all exterior surfaces clearly showing all building material types, colors and textures as part of the submittal package to the Plan Commission. Building exterior elevations should include signage, light fixtures and accurate exterior finished grade.

The submission of a materials board depicting samples of all proposed exterior materials including masonry samples, paint color chips with manufacturer's name and number, roofing materials and exterior wall treatments is required as part of the application. Materials will be identified on the elevations or attached specifications. Following their review, the Plan Commission will rule on the acceptance of the proposed materials for each application.

The Village requires the use of quality building materials such as brick, wood, and decorative concrete materials. Plain concrete block or unfinished metal surface materials are only acceptable with the approval of the Plan Commission. The following guidelines should apply:

Materials:

• Materials should be selected for suitability to the type of building and style in which they are designed and are used or intended to be used. Materials should also be in harmony with surrounding buildings.

• Buildings and additions should continue the same building materials on all sides visible or partly visible from the public walkway.

• The use of natural materials is encouraged including stone, brick and wood. This does not preclude the use of precast materials including decorative concrete block as long as their use corresponds with these guidelines.

• Use a predominant facade material and a limited number of compatible secondary facade materials consistently and uniformly on all facades of the building.

• Outbuildings on a parcel should be designed to be compatible to the principal structure on the site in scale, materials and colors.

• Roofing design and materials should be consistent with the architectural style of the building or addition and surrounding buildings. High quality architectural roofing materials should be used on all roofing elements visible to the public on all elevations.

• Avoid dominating roof overhangs. Roof elements should compliment the horizontal elements of the facade and relate to pedestrian scale. When compatible, use architectural elements such as gables and dormers to break up long horizontal lines.

• Wherever possible, parapet walls or other acceptable architectural screening should block rooftop HVAC units from public view.

• The use of green roofs is encouraged as a stormwater management measure.

Color:

• A variety of textures and colors achieved by using natural materials is encouraged.

• A palette of exterior colors should be established throughout the site. A limited number of harmonious colors should be used. This palette should unify the principle building and all other buildings on the site into a single visual composition.

• The painting of masonry materials is discouraged. Wherever possible, colors should be integral to building materials and not applied. This not only enhances the design, but requires less maintenance and will maintain its original appearance longer.

• Colors for predominant facade materials should be a range of earth tones which reflect natural materials.

• Secondary, or trim colors should compliment the predominant color. Contrasting colors should not dominate the visual character of the building or addition.

• Ancillary features such as downspouts, HVAC grills, utility connections, communications antennae and equipment, etc. should be painted the color of the background wall.

b.

Entrances and windows. The placement of windows and doors on a building are an important part of its overall design. Well designed windows and doors and their placement can define the overall composition of a design. The following guidelines apply:

• Window and door placement should be used to avoid large blank walls on elevations visible to the public. Blank walls should especially be avoided along sidewalks.

• Window placement can enhance community safety. Pedestrians should feel comforted by window placement with a sense that street crimes could be observed and police summoned to provide assistance.

• Entrances should be clearly visible from parking areas and pedestrians walkways. Entrances should provide some element of shelter from inclement weather.

• The design, quality of materials, scale, and character of the entrances should identify which are public and which provide staff or auxiliary access to the building. Indicate a clear hierarchy of entrances.

• Design windows and doors to form a part of the overall composition of the building.

c.

Lighting. The illumination of a building is an important architectural and public safety feature. The following guidelines are designed to make the best use of exterior lighting, fixtures without creating a nuisance for surrounding properties.

• Building facades, and identification signs are encouraged to be illuminated after dark.

• Area floodlighting shall not be mounted on the building except at the loading dock in which case a hooded light fixture will be used to direct lighting downward rather than toward adjoining properties.

• Lighting fixtures should match the color, style, and height of streetscape light fixtures, where appropriate.

• Exterior lighting should be presented in a lighting plan which identifies all exterior lighting features, either mounted on the building or freestanding, along with dispersion pattern, intensity of light, and cut-off shielding that reflects away from the street. Light distribution should not spill over between adjacent parcels. Pedestrians should not be able to see the light source and glare should be minimized.

• Overpowering light levels should not be used.

• Lighting highlighting landscaping is encouraged.

d.

Signage. Signage regulations are in accordance with Article VI of this chapter.

e.

Service and utility areas. Every building has some functions which are necessary to the operation of the building but do not need to be visible to or accessible by the public. General guidelines for the treatment of these areas follows:

• All service and utility areas should be located away from the view of the general public. To the extent possible, these areas should be in the rear of the building; however, they should never be located adjacent to residential uses or on the primary street elevation.

• Provide adequate space for vehicular access to service areas. Parking for service areas should be located in the rear of building and screened from pedestrian view.

• To the extent possible, the building design should screen these areas from public view. If space permits, utility and service functions should be enclosed with the building envelope.

• Where possible, incorporate trash and waste disposal facilities within the building envelope.

• Where trash and/or waste disposal facilities must be outside the building envelope, they must be screened from public view. When not located adjacent to the building, they must be screened by a walled enclosure with at least three (3) sides and preferably four (4). This enclosure should be located in a manner least visible to the passing public.

• Utility connections or other appurtenances should be screened and/or camouflaged by harmonious color selection or landscaping. To the greatest extent possible, these intrusions should not be placed on the front facade of buildings or additions.

• If rooftop mechanical or rainwater harvesting structures or equipment is deemed necessary, it must be screened from public view by architectural treatment of the building.

f.

Parking and loading. Providing customer parking and access for loading and service is a necessity for any business. It is not, however, the prime objective of the business. Parking is a support service and should be treated as such. It should be as unobtrusive as possible and easily accessible. Parking requirements for the B-5 district are the same as those found in Article IV of this chapter. Design characteristics associated with these parking areas shall be as follows:

• Parking lots shall be designed to include landscaped islands and perimeters with vegetation providing shade and stormwater management, and aesthetically tying the area into the rest of the site. Screening requirements for parking lots are found below. Islands should be a size and configuration to ensure the viability of the plant materials used and, where designed as stormwater management measures, effectiveness in providing stormwater management.

• All parking areas shall be surfaced with a dustless all-weather material such as bituminous concrete, asphalt, or a suitable type of permeable surfacing, and shall be of sufficient strength to maintain the surface and support the normal load placed on it.

• All parking areas shall be designed with curbing and/or wheelstops for each parking space, with openings to allow stormwater to flow into vegetated stormwater management measures as designed.

• Whenever possible, surface parking is to be located at the rear or to the side of the structure it serves, not extending toward the street past the front of the building.

g.

Screening. Visual screening allows incompatible land uses such as sidewalks and parking lots or commercial businesses and residential homes to co-exist by lessening the visual impact and providing a physical barrier between uses. The use of fencing, walls and other measures that enable the co-location of vegetated stormwater management measures in screening and buffering areas is encouraged. Guidelines for the use of screening in projects are as follows:

• Screening, when required, shall consist of masonry walls, solid wood fences, densely planted hedges, earthen berms, and combinations of the aforementioned where appropriate, particularly where flexibility in design is needed to accommodate the placement of vegetated stormwater management measures. Earth berms, where necessary, shall not exceed a slope of 33 percent (3:1) for lawn areas. Berms planted with ground covers and shrubs shall not exceed a slope of 50 percent (2:1). Berms should be graded to appear as smooth, rounded, naturalistic forms.

• In areas adjacent to residential developments, solid visual screening, such as walls, fences, and berms shall be required with a minimum height of four (4) feet. In addition, a semi-transparent vegetative screen shall create 50 percent opacity of the developed area above the solid man-made screen to a total height of six (6) feet.

• All surface parking is to be visually screened from the roadway and adjacent residential developments. The screen is to be a minimum of four (4) feet above the existing elevation adjacent to residential properties and four (4) feet along road frontages and constructed of materials compatible with any adjacent structure. Acceptable materials include but are not limited to masonry walls and wood fences, which may be used in conjunction with vegetated stormwater management measures. Also acceptable are densely planted hedges and earthen berms, provided these do not interfere with the use of vegetated stormwater management measures to treat parking lot runoff. All walls and fences shall be aligned or set back from the face of the adjacent structure.

• As noted in the previous section, all loading and utility areas, including dumpsters and trash bins, shall be screened from public view with a solid screen. The screen shall be at least one (1) foot higher than the top of the dumpster or similar receptacle. Loading areas shall be screened from view from adjacent properties. The appropriate screening method will depend on the extent and layout of loading areas and shall be approved by the Plan Commission. The grading and drainage plan for all loading and utility areas shall direct runoff into vegetated or pervious areas designed for this purpose, or into the sanitary sewer system, so as to prevent the discharge of contaminated runoff into the storm drain system and surface waters.

• The owners and tenants of affected properties in each zoning district shall be jointly responsible for the maintenance of all landscaping which shall be kept in good condition so as to present a healthy, neat and orderly appearance. Vegetated stormwater management measures shall be maintained by the owners and tenants in a manner consistent with Wisconsin DNR recommended best practices, or in conformance with the applicable site- specific stormwater management plan. No plant material shall be allowed to encroach on rights-of-way and easements to the extent that motorists' or pedestrians' vision of vehicular traffic is impeded.

• Fences are used for the purpose of screening, security, and pedestrian control. All fences should appear to be an integral component of the site design. Fences shall be made only of masonry, wood or natural plant materials; however, in certain cases, alternative materials may be used with the approval of the Plan Commission. Fences should be aesthetically pleasing while unobtrusively providing the security and control required. "Green wall" treatments incorporating plantings onto fences and walls are encouraged.

• Fencing shall not be located in the front yard or easements, unless approved by the Plan Commission.

• Maximum fence height shall be limited to six (6) feet without specific Village approval.

• All fences and walls shall have the structural components, including posts and stringers, facing the inside of the lot.

h.

Landscaping and green space.

• All development shall devote a minimum often (10) percent of the area of the site to planted landscape development. Vegetated stormwater management measures shall be counted as landscape development for purposes of evaluating compliance with this guideline. Preservation of trees of over 24" dia. is strongly encouraged. Landscape plans should be presented to the Plan Commission for approval.

• The amount of interior landscaping of off-street parking areas shall amount to no less than ten percent of the total area used for parking and are encouraged to be designed as vegetated stormwater management measures. The minimum size of each landscape area shall not be less than 100 square feet. A minimum of one large canopy tree shall be required for every 1,000 square feet of landscape planting area. Planting around the perimeter of the parking lot shall not be considered as part of the interior landscaping requirements.

• Provide an eight-foot-wide minimum planting buffer between all development and adjacent residential development, which may include vegetated stormwater management measures. Parking areas shall additionally have visual screening between all parking and loading areas and adjacent residential developments. The minimum sizes for plant materials are two-and-one half inch caliper for deciduous trees and six feet in height for evergreen trees at the time of planting. Evergreen shrubs and deciduous shrubs should be a minimum of 24 inches in height when planted.

(3)

Sureties. The Plan Commission may impose time schedules for the completion and/or compliance of any approved plan. The Plan Commission may require appropriate sureties to guarantee completion and/or conformance.

(4)

Appeals. Any person or persons aggrieved by any decision of the Plan Commission related to plan review may appeal the decision to the Zoning Board of Appeals. Such appeal shall be filed with the Village Administrator within 30 days after filing of the decision with the Village Administrator or his/her designee or other person as authorized by the board of trustees.

(Ord. No. 3-O-99, § 1, 6-21-1999; Ord. No. 02-O-22, 6-20-2022)

All persons, firms, or corporations performing work which by this chapter requires the issuance of a permit shall pay a fee for such permit to the Village Treasurer to help defray the cost of administration, investigation, advertising, and processing of permits and variances. The permits for which a fee is required are the building permit, building permit renewal, occupancy permit, conditional use permit, land disturbing permit, satellite dish antenna permit, private swimming pool permit, and sign permit. A fee shall also be required for a zoning text or map amendment, and a zoning appeal or variance. All fees shall be established by separate resolution by the Village Board from time to time as deemed appropriate.

A double fee shall be charged by the Village Administrator or his/her designee if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this chapter. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the Village Board, the Village Administrator or his/her designee, the Village Plan Commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter and/or prosecute the same.

Whenever an order of the Village Administrator or his/her designee has not been complied with within 30 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Village Board, the Village Administrator or his/her designee, 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.

Any person, firm, or corporation that fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $50.00 nor more than $500.00 and costs of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense, except that in order for the defendant to be charged with a second offense it shall be a separate and distinct violation as opposed to a continuing daily violation on the same provision.