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<br /> under which The permiT was granted. If as ihey may legally be used for some violation of ihis Ordinance and
<br /> ihe AdminisiraTor is of ihe opinion ihat other purpose permitted in ihe zone in automatically terminaTes ihe variance.
<br /> ihe operation as conducTed is not in which they are located. (8) A variance shall become void one
<br /> accordancewiThiheTermsofthepermit, 7.8 Lighting.-The planned lighting of (1) year after iT was granted unless
<br /> or ihaf ihe renewal applicafion indicates The area and of any other equipmenT or made use of.
<br /> substantial changes in The operation, the sTructures Thai will be installed or builT 8.5 Appeals.
<br /> renewal application shall be referred fo- shall be approved by Me Village. (1) The Board of Appeals shall act
<br /> The Planning Commission, which shall in
<br /> Turn make its recommendation fo the 7.9 Added Provisians. Such other upon all questions as they may arise in
<br /> Councilas~owheTherornotanewpublic requirements as ihe Village of Arden The adminisiration of ihis Ordinance,
<br /> Hills from time To time may find and iT shall hear and decide appeals
<br /> hearing is required. necessary for ihe healih, safety and from and review any order,
<br /> 6.2 Revocation. A permit may be
<br /> revoked in ihe manner provided in ihe SECTIONnB0 nuADMIN'ISTRATION made feby nan eadm n sTratlvemofficl al
<br /> Zoning Ordinance, and acTion -TOwards 8.1 Enforcing Officer. This Ordinance charged wiTh enforcing This Ordinance.
<br /> revocation may be iniTiated by the shall be administered and enforced by Such appeal may be taken by any person
<br /> Council af any time in fhe event it an Adminisirator appointed by the aggrievedorbyanyofficer,depariment,
<br /> determines that fhe continuance of ihe Village Council. board or bureau of a town, municipaliTy,
<br /> permitfed use endangers or will en- 8.2 Duties of ihe Adminisirator. county, or state.
<br /> ~ danger The healih, welfare or safety of (1) Determine if applicafions comply (2) Hearings by ihe Board of Appeals
<br /> ~ the public. with ihe terms of ihis Ordinance. shall be held within a reasonable time
<br /> 6.3 Ins ections. Roufine ins ection and
<br /> evaluation of sites or facilities shall be (z) ConducT inspections of issued and upon such notice to inferested
<br /> made in such frequency as to insure permits fo determine compliance with parTies as is provided in ihe Ordinance
<br /> The terms of ihe permit. establishing The board. The board shall
<br /> consisfent compliance by the siTes or (3) Maintain permanenT and currenT make its order deciding The matter and
<br /> faclifies wiTh the provisions of }his Or- records of ihis Ordinance, including but shall serve a copy of such order upon the
<br /> dinance. 7he permittee shall be not limiTed fo applications, maps, appellant or peTifioner by mail. Any
<br /> provided wifh writfen and documented variances and appeals. party may appear at ihe hearing in
<br /> notice of any deficiencies, recom- (4) Receive, file and forward all ap- person or by agent or attorney.
<br /> mendations for iheir correction and The plicaTions to the designated official (3) The Board of Appeals may reverse
<br /> dafe when ihe corrections shall be ac- bodies. or atfirm wholly or parfly, or may
<br /> comolishetl. The permittee shall allow (5) Submit a wriTten report on each modify theorder, requiremenT, decision,
<br /> free access to ihe Adminisirator, Village y
<br /> Council, or proper represenfative of any pplication as To iTs compliance with to betm de an1lheapremises Pand to that
<br /> other governmental agency at any time ihis Ordinance.
<br /> king such in- (6)InstituteinThenameofiheVillage, end srom whom l rhe powers of the of-
<br /> for ihe specTions. purpose of ma any appropriaTe actions or proceedings fcer f ppeal was Taken
<br /> againsT violators. antl recommend ihe issuance of a per-
<br /> SECTION 7.0 PERFORMANCE 8.3 Application Procedure. mit. The reasons for ihe Board's
<br /> STANDARDS (1) ApplicanT compleTes fhe ap- tlecision shall be SfaTed. The decision of
<br /> TheholderofapermiThereundershall plicafion provided by ihe Village and such board shall not be final and any
<br /> operate in accortlance with The following submits same along with ihe documenTS person having an inTerest affected by
<br /> regulations: required by ihis Ordinance, fo ihe Ad- such decision shall have ihe right to
<br /> 7.1 Fencing. appeal to fhe disiricT courT.
<br /> (1) Where collecTions of water on the minisiraTOr.
<br /> sife are one and one-half (11/2) feeT or (2) The Adminisirafor determines if 8.6 Fees.
<br /> more in depfh and occupy an area of 700 the applicaTion and supporting (1) The fees for a permit shall be
<br /> documenTSCOmplywith fheTermsof ihis esTablished by the Village Council. The
<br /> square feet or more, all public access to Council may review and revise The fee
<br /> such collections of wafer during The Ordinance.
<br /> excavation period shall be barred by a (3) If the application is in compliance, schminedule isTrator m periay oitlicassuel ty. the The permit Ad-
<br /> only
<br /> fenceorsomesimilarlyeffectivebarrier if is TransmitTed to ihe Planning Com- mission for its consideration at its nexT after the fee has been paid and a
<br /> of at least six (6) feet in height; regular scheduled meeTing. determination has been made ihat ihe
<br /> (2) Where slopes steeper ihan one (1)
<br /> foot (4) The Planning Commission set and application, complies with }he terms of
<br /> vertical fo one and one-half (1Vz)
<br /> feet horizonfal exist or will exist tor a conducfs a public hearing in accordance ihis Ordinance.
<br /> (2) Munici l corporations and
<br /> period of one (7) monTh or more, ublic with ihe provisions of fhe Zoning Or- Pa
<br /> P dinance for Special Use PermiTS. governmental agencies shall be exempt
<br /> access to such slopes shall be barretl by (5) Following the public hearing, ihe from ihe fee requiremenis as prescribed
<br /> a fence or some similarly effecTive Planning Commission shall forward ihe by ihis Ordinance.
<br /> barrier oi at least six (6) feet in heighT. application, with iTS recommendations, 8.7 Violations and Penalties.
<br /> 7.2 Slape of ExcavaTion. Slope ihe to the Council. (1) Violationof This Ordinanceshall be
<br /> banks, and otherwise properly guard (6) In considering applications, the a misdemeanor and upon convicTOn
<br /> and keep any pit or excavaTion in such Council shall consider ihe advice and Thereof shall be punishable by a fine of
<br /> condition as not to be dangerous because recommentlations of the Adminisirator not To exceed $300.00 and-or im.
<br /> of sliding or caving banks. and Planning Commission and ihe effect prisonment for a period not to exceed
<br /> 7.3 Set-back. ExTraction and of applicanT's operation upon ihe Total ninety (90) days for each offense.
<br /> processing shall not be conducted closer environment ot ihe Village. If ihe ap. (2) In ihe event of a violaTion or a
<br /> fhan fifTy (50) feei fo ihe boundary of any plication is found to meeT The inTent and Threatened violation of ihis Ordinance,
<br /> area where such operaTions are not in regulations of ihis Ordinance, ihe The Council, or any member ihereof, in
<br /> process. ExcavaTion and processing Council may insfruct ihe Adminisirator addition toother remedies, may insTitute
<br /> • shall noT be made closer ihan fif}y (50) to issue a permiT. appropriaTe acTions or proceedings to
<br /> feet fo ihe right
<br /> -of-way line of any (7) The Adminisirator shall ihen issue prevent, resirain, correct, or abate such
<br /> existing or platted sireet, road, or high-
<br /> way, except ihaT excavating may be a permit fo fhe applicani upon payment violations or threaTened violaTions and it
<br /> conducted wifhin such limits in order To of the permiT fee. is The duty of The Attorney to institute
<br /> 8.4 Variances. such action.
<br /> reduce the elevation Thereof in con- (1) Where }he Council and the Plan- 5?CTION9.0 EFFECTUATION
<br /> formiTy to The existing or plaTted street, ning Commission finds that ex- 9.1 Separability. I1 is hereby declared
<br /> road, or highway. traordinary and unnecessary hardships . to be ihe intention ihaT The several
<br /> 7.4 Noise. All equipment used for may result from sfrict compliance with provisions of This Ordinance are
<br /> excavaTion and reclamation and . This Ordinance, variances may be separable in accordance with ihe
<br /> processing, shall be consiructed, ~following:
<br /> . maintained and operated in such 9ranfed provided ihat such variances ~7~ If an court of com eTent
<br /> . will not have ihe effect of nullifying ihe Y P
<br /> manner as to eliminate, as far as is intent and purposeof The Comprehensive iurisdicTion shall adiudge any provision
<br /> pracTicable, noises and vibrations which Plan, Official Map, Zoning Ordinance or of This Ordinance to be invalid, such
<br /> are injurious or substantially annoying ihis Ordinance. ludgmeni shall noT affect any other
<br /> to all persons living in The vicinity. The (2) An application for a variance shall provisions of ihis Ordinance not
<br /> use of explosives shall require specific be filed with the Administrator siating specifically included in said judgmeni.
<br /> Village approval, upon reasonable fhe exceptional conditions and ihe (2) If any court of competent jurisd-
<br /> conditions. peculiar difficulties claimed. ciTion shall adiudge invalid ihe ap-
<br /> 7.5 Hours of Operation. All operations (3) 7he request shall be referred To ihe plication of any portion of }his Ordinance
<br /> shall be conducted only between ihe Planning Commission for study con- To a particular sirucTure, site, faciliTy or
<br /> hours of 7:00 a.m. and 7:00 p.m., excepT cerning ifs eftect on ihe character and operation, such judgment shall not af-
<br /> in ihe case of public emergency such as development of adiacent areas. The fecT The applicaTion of said pravision To
<br /> floods or whenever any reasonable or Planning Commission shall make its any oTher stantlards, facility, or
<br /> necessary repairs to equipment are recommendation wiThin sixTy (60) days operaTion not specifically included in
<br /> required to be made. to the Council, if no recommendation is said iudgment.
<br /> 7.6 Dust and Dirt. All equipment shall matle within That time, ihe Council may 9.2 Repeal ar Amendment. This Or-
<br /> be consiructed, maintained and acf without ihe recommendation. dinance shall supersede The Zoning
<br /> operated in such a manner as to (4) In considering applications for Ordinance To The exTent That ihis Or-
<br /> minimize, as far as is pracTicable, dust variances, ihe Council shall consider The dinance is specifically in conflict with
<br /> conditions which are injurious or sub- advice and recommendations of ihe ihe Zoning Ordinance. This Ordinance
<br /> sTanTially annoying to persons living in Planning Commission and the effect of shall not supersede the provisions of
<br /> ihe vicinity. AIl operaTions shall meet fhe proposed variance upon ihe healih, Ordinance No. 97, relating to sanitary
<br /> ihe standards of ihe State Pollution safety, and general welfare of ihe landfill, since iT is not inTended That ihis
<br /> Conirol Agency. All access roads on ihe communiTy existing and anTicipated and Ordinance shall apply to sanitary land-
<br /> siTe operating to public highways, roads The effect of The proposed variance. fill as defined in Ordinance 97, but,
<br /> or streets or to adioining property shall (5) If The Council shall determine ihat except wifh respect to sanitary landfill,
<br /> be paved, ireafed or waTered as far as is ihe special conditions applying To The This Ordinance shall supersede Or-
<br /> practicable, so as To minimize dusT land in quesTion are peculiar to such tlinance No. 97 wherever ihere is a
<br /> conditions. conflict.
<br /> 7.7 Appearance. All buildin9s and That ihe Property, and grantidong not of The apply g variance enerally; is 9.3 Effective Date. This Ordinance
<br /> siructures used for a permitted necessary; }hat granting ihe variance shall be in force and effecT from and
<br /> operation shall be mainTained in such a will not inanyway impairhealih, safety, afTer the daTe of its passage and
<br /> manner, as far as is pracTicable and comforf, morals, or in any ofher respecT publication.
<br /> according to acceptable indusirial be conirary to ihe intent of fhis Or- Passed by the Council ihis 16 day bf
<br /> practice, as to asure }hat such buildings dinance, and ihat ihe granting of such December, 1971.
<br /> and sirucTUres will not become variance will not merely serve as a Henry J. Crepeau Jr., Mayor
<br /> ~ dangerously dilapidated. Weeds and any convenience to ihe applicant, buT is ATTEST:
<br /> other unsightly or noxious vegetation necessary to alleviafe tlemonstrable Lorraine StromquisT
<br /> shall be cuT or irimmed as may be hardship or difficulty, ihe Council may Clerk-Adminisirator
<br /> necessary To preserve a reasonably neaT granT such variances antl impose con- (Bulletin: Dec. 23, 1971)
<br /> appearance and to prevent seeding on ditions and safeguards iherein. -
<br /> adjoining properTy. (6) Variances may be denied by
<br /> Within a period oi ihree (3) monThs motion of the Council and such moTion
<br /> after fhe termination of a permitted shall constitute a finding and deTer-
<br /> operation, or within Tfiree (3) monYhs mination ihat The condiTions required for
<br /> affer abandonmenT of such operaTion for approval do not exist. No application
<br /> a period of six (6) months (or within for a variance which has been denied
<br /> Three monihs after expiraTion of a wholly or in parT shall be re-submitted
<br /> permii), all buildings and strucTUres for a period of six (6) monihs from
<br /> - incidental To such operaTion shall be the date of said order of denial, except
<br /> dismanfled and removed by, and aT ihe
<br /> expense of, ihe operator last operating on grounds of new evidence or proof
<br /> such buildings and sTrucfures; excepT of change of conditions found to be
<br /> ihat such buildings and siructures need valid by the Planning Commission.
<br /> (7l A violation of any condition set
<br /> not be dismantled antl removed so long forfh in granting a variance shall be a
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