Village of Random Lake OrdinanceCHAPTER 17 ZONING CODE(Recodified Ord. #1-04)
17.18 CONSTRUCTION SITE EROSION CONTROL
The intent of this section is to require erosion control practices that will reduce the amount of sediment and other pollutants leaving construction sites during land development or land disturbance activities. This section applies to all land disturbing construction activities.
(1)AUTHORITY. This section is adopted under the authority granted in §61.354, Wis. Stats.
(2)FINDINGS AND PURPOSE. (a) Findings. The Village Board finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the State and the Village.
(b)Purpose. It is the purpose of this section to preserve the natural resources; to protect the quality of the waters of the State and the Village; and to protect and promote the health, safety and welfare of the people to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharges from construction sites to lakes, streams and wetlands.
(3)APPLICABILITY. This section applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the Village and, optionally, the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All State?]funded or conducted construction is exempt from this section.
(4)DEFINITIONS. (a) Agricultural Land Use. Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
(b)Commercial Land Use. Use of land for the retail or wholesale sale of goods or services.
(c)Construction Site Control Measure. A control measure used to meet the requirements of sec. (7)(b) below.
(d)Control Measure. A practice or combination of practices to control erosion and attendant pollution.
(e)Control Plan. A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this section submitted by the applicant for review and approval by the Director of Public Works.
(f)Erosion. The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
(g)Land Developing Activity. The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
(h)Land Disturbing Construction Activity. Any manmade change of the land surface, including removing vegetative cover, excavating, filling and grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.
(i)Landowner. Any person holding title to or having an interest in land.
(j)Land User. Any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his land.
(k)Runoff. The rain fall, snow melt or irrigation water flowing over the ground surface.
(l)Site. The entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.
(5)DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS FOR CONTROL MEASURES. All control measures required to comply with this section shall meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified by the Director of Public works and in accordance with, but not limited to, the Wisconsin Construction Site Best Management Practice Handbook.
(6)MAINTENANCE OF CONTROL MEASURES. All sedimentation basins and other control measures necessary to meet the requirements of this section shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.
(7)CONTROL OF EROSION AND POLLUTANTS DURING LAND DISTURBANCE AND DEVELOPMENT. (a) Applicability. This subsection applies to the following sites of land development or land disturbing activities.
1.Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats.
2.Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.
3.Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more.
4.Those involving excavation or filling or a combination of excavation and filling affecting 350 cubic yards or more of dirt, sand or other excavation or fill material. Excavation and filling of less than 350 cubic yards, at the discretion of the Director of Public Works, may require control of erosion and pollutants if judged necessary.
5.Those involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.
6.Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.
(b)Erosion and Other Pollutant Control Requirements. The following requirements shall be met on all sites described in par. (a) above.
1.Discharged Water. Water may not be discharged in a manner that causes erosion of the site or receiving channels.
2.Waste and Material Disposal. All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials, shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.
3.Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each work day.
4.Drain Inlet Protection. All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier meeting accepted design criteria, standards and specifications.
5.Site Erosion Control. The following criteria apply only to land development or land disturbing activities that result in runoff leaving the site.
a.Channelized runoff and sheet flow runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, channelized runoff and sheet flow runoff shall be protected as described in subpar. c.ii. below.
b.All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. This shall include the planting of vegetative cover as soon as practical.
c.Runoff from the entire disturbed area on the site shall be controlled by meeting the following:
i.For sites with more than 10 acres disturbed at one time, or if a channel originates in the disturbed area, sedimentation basins/traps shall be constructed.
ii.For all sites, filter fences, straw bales or equivalent control measures shall be placed along all critical/necessary sides of the site as determined by the Director of Public Works. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
d.Soil or dirt storage piles containing more than 350 cubic yards of material shall be controlled by placing straw bales or filter fence barriers around the down slope side of the pile. Any soil or dirt storage pile under 350 cubic yards may be required, at the discretion of the Director of Public Works, to be controlled by placing straw bales or filter fence barriers around the down slope side of the piles if conditions warrant. New in?]street utility construction soil or dirt storage piles located closer than 25 feet to a roadway or drainage channel, if exposed for more than 7 days, must be protected with straw bales or other appropriate filtering barriers.
(8)PERMIT APPLICATION, CONTROL PLAN AND PERMIT ISSUANCE. No landowner or land user may commence a land disturbance or land development activity, subject to this section, without receiving prior approval of a control plan for the site and a permit from the Director of Public Works. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this section shall submit an application for a permit and a control plan and pay an application fee to the Director of Public Works. By submitting an application, the applicant is authorizing the Director of Public Works to enter the site to obtain information required for the review of the control plan.
(a)Content of the Control Plan For Land Disturbing Activities Covering More than 1Acres. 1. Existing Site Map. A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas:
a.Site boundaries and adjacent lands which accurately identify site location.
b.Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site.
c.100 year floodplains, flood fringes and floodways.
d.Vegetative cover.
e.Location and dimensions of storm water drainage systems and natural drainage patterns on and immediately adjacent to the site.
f.Locations and dimensions of utilities, structures, roads, highways and paving.
g.Site topography at a contour interval not to exceed 2 feet.
2.Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
3.Site Construction Plan. A site construction plan, including the following:
a.Locations and dimensions of all proposed land disturbing activities.
b.Locations and dimensions of all temporary soil or dirt stock piles.
c.Locations and dimensions of all construction site management control measures necessary to meet the requirements of this section.
d.Schedule of anticipated starting and completion date of each land disturbing or land developing activity, planting of vegetative cover and installation of construction site control measures needed to meet the requirements of this section.
e.Provisions for maintenance of the construction site control measures during construction.
(b)Content of Control Plan Statement For Land Disturbing Activities Covering Less Than 1Acre, But Meeting the Applicability Requirements Stated in Sub. (7)(a) Above. An erosion control plan statement, with simple map, shall be submitted to briefly describe the site and erosion controls, including the site development schedule, that will be used to meet the requirements of this section.
(c)Review of Control Plan. Within 30 days of receipt of the application, control plan, or control plan statement and fee, the Director of Public Works shall review the application and control plan to determine if the requirements of this section are met. The Director may request comments from other departments or agencies. If the requirements of this section are met, the Director shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Director shall inform the applicant, in writing, and may either require needed information or disapprove the plan. Within 30 days of receipt of needed information, the Director shall again determine if the plan meets the requirements of this section. If the plan is disapproved, the Director shall inform the applicant, in writing, of the reasons for the disapproval.
(d)Permits. l. Duration. Permits shall be valid for a period of 180 days or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Director of Public Works may extend the period one or more times for up to an additional 180 days. The Director may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this section.
2.Permit Conditions. All permits shall require the permittee to:
a.Notify the Director within 48 hours of commencing any land disturbing activity.
b.Notify the Director of the completion of any control measures within 48 hours after their installation.
c.Obtain permission, in writing, from the Director prior to modifying the control plan.
d.Install all control measures as identified in the approved control plan.
e.Maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the control plan.
f.Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities.
g.Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs.
h.Allow the Director to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan.
i.Keep a copy of the control plan on the site.
(9)INSPECTION. The Director of Public Works shall inspect construction sites at times appropriate to stages of construction. If land disturbing or land development activities are being carried out without a permit, the Director shall enter the land pursuant to the provisions of §§66.122 and 66.123, Wis. Stats.
(10)ENFORCEMENT. (a) The Director of Public Works may post a stop?]work order if:
l.Any land disturbing or land developing activity regulated under this section is being undertaken without a permit; or
2.The control plan is not being implemented in a good faith manner; or
3.The conditions of the permit are not being met.
(b)If the permittee does not cease the activity or comply with the control plan or permit conditions within 48 hours, the Director has the power to revoke the permit.
(c)If the landowner or land user, where no permit has been issued, does not cease the activity within 48 hours, the Director may request the Village Attorney to obtain a cease and desist order.
(d)The Director or the Village Board may retract the stop?]work order or the revocation.
(e)Forty eight hours after posting a stop?]work order, the Director may issue a notice of intent to the permittee or landowner or land user of the Village's intent to perform the work necessary to comply with this section. The Village or agents of the Village may go on the land and commence the work after 48 hours from issuing the notice of intent. The costs of the work performed by the Village plus interest at the rate authorized by the Village Board shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the Clerk?]Treasurer shall enter the amount due on the tax roll and shall collect as a special assessment against the property, pursuant to §66.60(16), Wis. Stats.
(f)Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than $10 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
(g)Compliance with the provisions of this section may also be enforced by injunction.
(11)APPEALS. (a) Board of Zoning Appeals. The Board of Zoning Appeals, created pursuant to sec. 17.25 of this chapter, pursuant to §62.23(7)(e), Wis. Stats.
(b)Who May Appeal. Any applicant, permittee, landowner or land user may appeal any order, decision or determination made by the Director in administering this section.
17.19 TRAFFIC, PARKING AND ACCESS. (1) LOADING REQUIREMENTS
In all business and industrial districts adequate loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.
(2)PARKING REQUIREMENTS. In all districts and in connection with every use, except in the C?]1 General Commercial District, there shall be provided at the time any use or building is erected, enlarged, extended or increased off?]street parking stalls for all vehicles in accordance with the following:
(a)Access. Adequate access to a public street shall be provided for each parking space, and driveways shall be at least 10 feet wide for one?] and 2?]family dwellings and a minimum of 24 feet for all other uses.
(b)Size. The size of each parking space shall be not less than 10 feet by 20 feet, exclusive of the space required for ingress and egress.
(c)Location. The location is to be on the same lot as the principal use or not over 400 feet from the principal use. No parking stall or driveway, except in residential districts, shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district.
(d)Surfacing. All off?]street parking areas shall be graded and hard surfaced so as to be dust?]free and properly drained. Hard surfaced shall be defined as concrete, asphalt or brick paving. Any parking area for more than 5 vehicles shall have the aisles and spaces clearly marked.
(e)Curbs or Barriers. Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot line.
(f)Number of Parking Stalls Required.
1. Single?] and 2?]family dwellings and mobile homes 2 stalls/dwelling unit
2. Multi?]family dwellings 2 stalls/dwelling unit
3. Hotels and motels 1 stall/guest room plus 1 stall/3 employees
4. Hospitals, clubs, lodges, sororities, dormitories, lodging and boarding houses 1 stall/2 beds plus 1 stall/3 employees
5. Sanitariums, institutions, rest and nursing homes 1 stall/2 beds plus 1 stall/3 employees
6. Medical and dental clinics 3 stall/2 beds plus 1 stall/employee
7. Churches, theaters, auditoriums, community centers, vocational and night schools and other places of public assembly 1 stall/5 seats
8. Colleges, secondary and elementary schools 1 stall/2 employees plus 1 stall/student auto permitted
9. Restaurants, bars, places of entertainment, repair shops, retail and service stores1 stall/150 square feet of floor area
10. Manufacturing and processing plants, laboratories and warehouses 1 stall/2 employees
11. Financial institutions and businesses, governmental and professional offices 1 stall/200 square feet of floor area plus 1 stall/2 employees
12. Funeral homes 1 stall/4 seats plus 1 stall/vehicle used in the business
13. Bowling alleys 5 stalls/alley
In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.
Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.
Parking stalls are not required to be provided in the C?]1 District, but when they are provided, they shall conform to requirements of size, access, surfacing and barriers, but not number of stalls or location as specified above.
(3)DRIVEWAYS. All driveways installed, altered, changed, replaced or extended after the effective date of this chapter shall meet the following requirements:
(a)Openings for vehicular ingress and egress shall not exceed 24 feet at the street line and 30 feet at the roadway. This requirement shall not apply in the following zoning districts:
1. C?]1 General Commercial District.
2. C?]2 Highway Commercial District.
3. M?]1 Limited Industrial District.
(b)Vehicular entrances and exits to drive?]in banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 100 feet from any pedestrian entrance or exit to a school, church, hospital, park, playground, library or public emergency shelter.
(c)All driveways must be hard surfaced, and constructed prior to occupancy. See also Section 17.19(2)(d) and (e). Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a publicroadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides.
(4) HIGHWAY ACCESS. No direct private access shall be permitted to the existing or proposed rights of way of any controlled access arterial street without permission of the highway agency that has access control jurisdiction.
17.20 PERFORMANCE STANDARDS, 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. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following performance standards.
(1)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 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 in the industrial districts.
(2)FIRE AND EXPLOSIVE HAZARDS. All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting 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 which have incombustible exterior walls and an automatic fire extinguishing system.
(3)GLARE AND HEAT. No unsanctioned activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the industrial districts which may emit direct or sky?]reflected glare which shall not be visible outside their district. 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.
(4)LIQUID OR SOLID WASTES. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.
(5)NOISE AND VIBRATION. There shall be no noise or vibration over 70 decibels emanating from any unsanctioned activities beyond the boundaries of the immediate site determined to be a nuisance by the Building Inspector. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.
(6)ODORS. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises.
(7)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.
17.201 ARCHITECTURAL CONTROL (Cr. Ord. #10?]98)
(1) PURPOSE. The purpose of the Architectural Review Board (A.R.B.) is to regulate the exterior design, appearance, use and location of structures, consistent with the provisions of this Chapter, in such a manner as to preserve and enhance values and maintain harmonious relationships among structures.
(2) ARCHITECTURAL REVIEW BOARD. The Architectural Review Board will consist of 3 members of the Planning Commission with 2 alternates also from the Planning Commission. These will be appointed by the Village President and approved by the Village Board for a one year term. They will report to the Planning Commission on findings and recommendations allowing the Planning Commission to either approve or disapprove plans.
(3)PRINCIPLES To implement and define criteria for the purpose set forth in this Chapter, the following principles are established:
(a)No building shall be permitted, the design or exterior appearance of which is of 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 constructed or faced with a finished material which is aesthetically incompatible with the other facades and which presents an unattractive 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)Accessory structures for single?]family, 2?]family, 3-family and multi-family buildings shall be of a similar architectural appearance and material as the primary building on the property.
(4)ADMINISTRATION. The Zoning Administrator shall require the each zoning permit application be accompanied by the following for review by the Architectural Review Board.
All applicants turned in by the second Monday of every month will be reviewed by the A.R.B. and presented to the full Planning Commission on the third Monday of the month either for approval or recommendations.
(5)REVIEW AND FINDINGS. The exterior of no structure, where permits are required, shall not be altered, placed or erected on any lot until the building plans, specifications, and site plan showing the location thereof have been approved in writing by the Architectural Review Board. Such review shall be as to size, quality, materials, harmony of exterior design and colors with existing and planned structures, and as to location with respect to topography, neighboring structures, setbacks, finished grade elevations, driveway(s), landscaping or other natural characteristics of the affected lot, adjacent lots and improvements thereon. The Planning Commission shall review the referred plans and prepare the comments and recommendations of the Building Inspector and Architectural Review Board to approve or disapprove of the plans. The Planning Commission shall not approve any building plans unless it finds, by a preponderance of the evidence after viewing the application, that the structure, as planned, will not violate the principles set forth in sub. (3) above.
(6)APPEALS. Any person aggrieved by any decision of the Planning Commission related to architectural control may appeal the decision to the Village Board. Such appeal shall be filed with the Clerk?]Treasurer within 30 days after filing of the decision with the Zoning Administrator.
17.211 COMMUNICATION TOWERS AND ANTENNAS
(1) DEFINITIONS.
1. New Towers and Antennas. All towers or antennas constructed after passage of this section shall be subject to all applicable standards of this section.
2. Pre-existing Towers and Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section other than the requirements of par. (b) below. Any such towers or antennas shall be referred to hereinafter as “pre-existing towers” or “pre-existing antennas.”
3. Amateur radio and Receive-Only Antennas. This section shall not apply to any tower or installation of any antenna that is under 70 feet in height and is owned by a Federally licensed amateur radio station operator or is used exclusively for a receive-only antenna.
1. Building Codes, Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the building inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, upon notice being provided to the owner of a tower, the owner shall immediately bring such tower into compliance with such standards. Failure to bring such tower immediately into compliance shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
2. State or federal Requirements. All towers shall meet or exceed standards and regulations of the FCC, the FAA and any other agency of the State or Federal government with the authority to regulate towers and antennas.
3. Collocation.
a. Any proposed telecommunication tower and tower site shall be designed in all respects so as to accommodate collocation of the applicant’s antennas and at least 2 additional users. Towers and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment.
b. The holder of a permit for a tower shall permit collection for at least 2 additional users and shall not make access to the tower and tower site for an additional user economically unfeasible. If an additional user demonstrates, through an independent arbitrator or other permitted means, that the holder of a tower permit has made access to such tower and tower site economically unfeasible, the permit shall become null and void.
4. Antenna Height. Antenna height shall not be restricted provided such device is installed and maintained in accordance with applicable State and local building codes and in compliance with current standards of the FAA, FCC and any other agency of the State or Federal governments with the authority to regulate antennas.
5. Tower Height. 180 feet maximum.
6. Separation Between Towers. Separation distance between towers shall be applicable for a proposed tower and any preexisting towers. The separation distance shall be measured by a straight line between the base of an existing tower and the base of a proposed tower.
NEW TOWER TYPE
EXISTING TOWER TYPE
Lattice
Guyed
Monopole 75 ft. in Height or Greater
Monopole Less than 75 Ft. in Height
5000 Ft.
1500 Ft.
750 Ft.
Monopole Less Than 75Ft. in Height
Monopole Greater Than 75 Ft. in Height
7. Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. Evidence submitted to determine that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
8.Aesthetics.
9. Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding views.
10. Fencing. A tower shall be enclosed by security fencing not less than 8 feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area.
11. Landscaping.A buffer of plant materials to effectively screen the tower compound from public view and from adjacent properties shall be provided. The minimum buffer shall consist of a landscape strip of at least 5 feet in width outside the perimeter of the tower compound. Existing mature tree growth and natural landforms shall be preserved to the maximum extend possible. In some cases, such as towers placed on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
12. Accessory Equipment and Buildings. The equipment cabinet or structure used in association with an antenna shall be suited in accordance with the development standards of the underlying zoning district. Equipment cabinets or structures shall be screened from view by an evergreen hedge or other suitable landscape treatments, except where the use of nonvegetative screening would better reflect and complement the architectural character of the surrounding neighborhood.
13. Signs. No signage or advertising is permitted to be placed on a wireless communication tower.
(3.) Permitted Uses. The installation of a tower or antenna as follows:
a.)Antennas or Existing Tower. The attachment of a new antenna on an existing tower may be permitted to minimize adverse visual impacts associated with the proliferation and clustering of the towers provided that:
b.)Cable Microcell Network. The installation of a cable microcell network may be permitted through the use of multiple low-powered transmitters/receivers attached to existing wireline systems such as conventional cable or telephone wires or similar technology that does not require the use of towers.
(4.) Conditional Uses. The installation of towers and antennas, including the placement of accessory equipment or buildings, may be permitted by conditional use permit in all M-2 Manufacturing Districts. In addition to the standards identified in this section, any request for a conditional use permit shall also comply with the standards identified by sec.17.211 of this chapter.
(5.) Removal of Abandoned Antennas and Towers. An antenna or tower that that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the owner of such abandonment. Failure to remove the antenna or tower within 90 days shall be grounds to remove the antenna or tower at the owner’s expense. If there are 2 or more users of a single tower, the provisions shall not become effective until all users cease using the tower.
17.22 ZONING PERMIT REQUIRED
No building or structure, or any part thereof, shall hereafter be built within the Village unless a permit therefor shall first be obtained by the owner or his agent from the Zoning Administrator. No construction shall be commenced prior to the issuance of such permit. Commencement of construction shall include such acts as beginning excavation or constructing forms for cement work. See ch. 14 of this Code.
17.23 CERTIFICATE OF OCCUPANCY
(1) CERTIFICATE REQUIRED. No vacant land shall be used or occupied for other than an approved use in the zoning district in which it is located and no building hereafter moved into or relocated within the Village shall be so occupied or used until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall show that the building or land or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such certificate shall be issued only when the building or land and the proposed use thereof conform with all the requirements of this chapter. No such certificate shall be required for any property for which a valid zoning permit providing for such use or occupancy exists.
(2)APPLICATION FOR CERTIFICATE. Application for such certificate shall be made to the Building Inspector, in writing, on such form and containing such information as the applicant deems sufficient to advise such Inspector of his request. After reviewing such application, the Inspector may require such additional information as he deems necessary.
(3)TEMPORARY CERTIFICATE. The Board of Zoning Appeals is hereby authorized to hear and rule on appeals from the denial of such certificates by the Building Inspector and, upon such terms and with such conditions as it deems proper, may authorize the Building Inspector to issue a temporary certificate for a limited period of time.
(4)FEES. The fee shall be $10.
17.24 PLAN COMMISSION
(1) MEMBERSHIP (Am. Ord. #6?]98). The Plan Commission shall consist of 7 members who shall receive such compensation as the Village Board determines. One member shall be the Village President who shall be the Chairperson. Two members shall be Trustees elected for staggered 2 year terms by a 2/3 vote of the Village Board the first week in May. One member shall be the Director of Public Works. The other members shall be citizens of recognized experience and qualifications appointed by the Village President, subject to confirmation by the Village Board; the citizen members shall serve for staggered 3 year terms with each term commencing in the first week in May.
(2)POWERS AND DUTIES. The Plan Commission shall have the powers and duties prescribed in §62.23, Wis. Stats., and such other powers and duties as shall be vested in the Commission from time to time by the Village Board.
17.25 BOARD OF ZONING APPEALS
(1) MEMBERSHIP. (a) The Board of Zoning Appeals shall consist of 5 members appointed by the Village President, subject to confirmation by the Village Board, for staggered terms of 3 years. Two alternate members shall be appointed by the Village President for terms of 3 years and shall act only when a regular member is absent or refuses to vote because of interest.
(b)Officers. The Village President shall designate the Chairman of the Board. The Clerk?]Treasurer or Deputy Clerk shall serve as Secretary to the Board.
(2)APPEALS TO BOARD. (a) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the administrative officers. Such appeal shall be taken within 30 days from either the date of actual notice of said decision to the person aggrieved or from the date of the mailing of a copy of said decision to him, whichever is earlier, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. Filing with the Board shall be accomplished by filing with the Clerk?]Treasurer.
(b)The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(c)The Board shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof by publication once in the Village's official newspaper, said publication to be not less than 5 days before said hearing nor more than 15 days before said hearing and shall give notice to the parties in interest and shall decide the same within a reasonable time.
(d)A filing fee shall accompany each such appeal and no such appeal shall be deemed properly filed unless said fee is paid. See fee schedule on file in Village Clerk/Treasurer’s Office.
(3)POWERS OF BOARD. The Board shall have the following powers:
(a)To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official.
(b)To hear and decide special exceptions to the terms of this chapter upon which the Board is required to consider.
(c)To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(d)Permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter for such public utility purposes which are reasonably necessary for public convenience and welfare.
(e)The Board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the administrative official. The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.
(4)OTHER POWERS. In addition to the foregoing, the Board shall have the following specific powers:
(a)To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period of not more than 6 months.
(b)To grant a permit for the extension of a district boundary for a distance of not more than 25 feet where the boundary of a district divides a lot in single ownership at the time of the adoption of this chapter.
(c)To permit the temporary storage, as defined herein, of an item otherwise prohibited under section 17.03 of this chapter.
(d)To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown on the Official Map accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout on the aforesaid map.
(e)The Board shall have the power to call on any other Village department for assistance in the performance of its duties and it shall be the duty of such other department to render such assistance as may be reasonably required.
(5) POWERS LIMITED. Except as specifically provided, no action of the Board shall have the effect of permitting in any district uses prohibited in such district; nor shall such Board be permitted to take any action which would, in effect, create a buildable lot smaller than the minimum lot size or area otherwise required by the Village.
17.26 CHANGES AND AMENDMENTS
(1) AUTHORITY. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Village may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.
(2)INITIATION. A change or amendment may be initiated by the Village Board, the Plan Commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
(3)PETITIONS. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Clerk?]Treasurer and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
(a)A plot plan showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.
(b)The owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
(c)Additional information required by the Plan Commission.
(d)Refer to fee schedule on file in Village Clerk/Treasurer’s Office.
(4)RECOMMENDATIONS. The Plan Commission shall hold a public hearing as provided for in §62.23(7)(d), Wis. Stats., and review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the Village Board.
(5)VILLAGE BOARD ACTION. After careful consideration of the Plan Commission recommendations, the Village Board shall vote on the passage of the proposed change or amendment. If the Village Board denies the proposed change or amendment, a similar petition for such change or amendment may not be submitted for a period of one year.
(6) PROTEST. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the members of the Village Board voting on the proposed change.
17.27 ENFORCEMENT
(Am. Ord. #3?]98). It shall be the duty of the Zoning Administrator, with the aid of the Police Department, to enforce the provisions of this chapter.
17.28 VIOLATION AND PENALTIES
Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall forfeit a sum of not less than $10 nor more than $200, together with the costs of prosecution, and, in case of nonpayment of such forfeiture, shall be imprisoned in the County Jail for a term of not more than 30 days or until such judgment is paid, and each day of violation shall constitute a separate offense.
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