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<br /> under which the permit was granted. If as they may legally be used for some violation of ihis Ordinance and
<br /> the AdminisTrator is of the opinion that other purpose permiTted in the zone in automatically Terminates the variance.
<br /> the operation as conducted is not in which ihey are located. (8) A variance shall become void one
<br /> accordancewithihetermsofThepermit, 7.8 Lighting.-The planned lighfing of (1) year after it was granted unless
<br /> or that the renewal applicaTion indicaTes the area and of any other equipment or made use of.
<br /> substantial changes in fheoperation, the siructures fhat will be insfalled or built 8.5 Appeals.
<br /> renewal applicafion shall be referred to shall be approved by the Village. (1) The Board of Appeals shall acf
<br /> the Planning Commission, which shall in
<br /> furn make its recommendaTion To the 7.9 Added Provisions. Such other upon all questions as ihey may arise in
<br /> Councilastowhetherornofanewpublic requiremen}s as the Village of Arden the adminisTration of This Ortlinance,
<br /> hear~ng is required. Hills from Time to Time may find and it shall hear and decide appeals
<br /> 6.2 Revocation. A permit may be necessary for the healfh, safety and from and review any order,
<br /> revoked in the manner provided in the prevention of nuisance in the area. requirement, decision, or determination
<br /> SECTIONB.O ADMINISTRATION made by an adminisTrative official
<br /> Zoning Ordinance, and action-towartls 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 aT any time in the event it an Adminis}rator appoinTed by the aggrievedorbyanyofficer,deparimenT,
<br /> deTermines That the continuance of the Village Council. board or bureau of a Town, municipaliTy,
<br /> permitted use endangers or will en- 8.2 Duties of the Adminisirator. county, or sTate.
<br /> ~ danger the healih, welfare or safety of (1) Determine if applications comply (2) Hearings by the Board of Appeals
<br /> the public. with the terms of This Ordinance. shall be held within a reasonable Time
<br /> 6.3 Inspections. Routine inspection and (2) Conducf inspecTions of issued and upon such notice to interested
<br /> evaluafion of sites or facilities shall be permits To determine compliance with parties as is provided in the Ordinance
<br /> made in such frequency as To insure the terms of the permiT. - establishing the board. The board shall
<br /> consistenT compliance by the sites or (3) Maintain permanent and current make its order deciding the maTter and
<br /> faclities with the provisions of ihis Or- records of this Ordinance, including buT shallserve a copy of such order upon the
<br /> dinance. The permiTtee shall be
<br /> not IimiTed to applications, maps, appellant or petiTioner by mail. Any
<br /> provided with written and documenTed variances and appeals. parTy may appear aT the hearing in
<br /> notice of any deficiencies, recom- (4) Receive, file and torward all ap- person or by agenT or aTtorney.
<br /> mendafions for Their correction and the plicaTions To the designaTed official (3) The Board of Appeals may reverse
<br /> date when the correcfions shall be ac- bodies. or affirm wholly or partly, or may
<br /> complished. The permittee shall allow (5) Submit a written reporT on each moditytheorder, requirement,decision,
<br /> freeaccessto iheAdminisirator, Village application as to its compliance with or determination as in iTs opinion ought
<br /> Council, or proper representaTive of any ihis Ordinance. to be made in the premises and to ihat
<br /> other governmental agency at any time (6) InstiTUte inihenameoi the Village, end shall have all the powers of the of.
<br /> for the purpose of making such in- any appropriaTe actions or proceedings ficer from whom the appeal was taken
<br /> specTions. and recommend the issuance of a er-
<br /> SECTION 7.0 PERFORMANCE againsf violators. P
<br /> STANDARDS 8.3 Application Procedure. mit. The reasons for the Boartl's
<br /> (1) Appl icant completes the ap- decision shall be stafed. The decisian of
<br /> The holder of a permiT hereunder shall plication provided by the Village and such board shall not be final and any
<br /> operate in accordance with the following submiTS same along with the documents person having an inTerest affectetl by
<br /> regulations: such decision shall have the right to
<br /> 7.1 Fencing. required by ihis Ordinance, to the Ad-
<br /> (1) Where collecfions of water on the minisTrator. appeal to the disiricT courf.
<br /> sife are one a~d one-half (1~/z) feet or (4) The Atlminisirator 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 /> square feet or more, all public access to documenis comply with the terms of this established by the V illage Council. The
<br /> Ordinance. Council may review antl revise the fee
<br /> such collections of water during the schedule periodically. The Ad.
<br /> excavation period shall be barred by a (3) If the application is in compliance, minisTraTOr ma issue the iT onl
<br /> it is iransmiTted to the Planning Corn- Y Perm Y
<br /> fence orsomesimilarly effective barrier mission for ifs consideration at its next after the fee has been paid and a
<br /> of at least six (6) feef in height; regular scheduled meeting. deTerminaTion has been made ihaf the
<br /> (2) Where slopes sTeeper fhan one (1) (4) The Planning Commission set and application, complies with the terms of
<br /> foot vertical To one antl one-half (11/2) ihis Ordinance.
<br /> feet horizonfal exist or will exist for a conducis a public hearing in accordance
<br /> with the provisions of the Zoning Or- (2) Municipal corporations and
<br /> period ot one (1) monih or more, public dinance for Special Use Permits. governmental agencies shall be exempt
<br /> access to such slopes shall be barred by (5) Following the public hearing, the from the fee requiremenis as prescribed
<br /> a fence or some similarly effecTive Planning Commission shall forward the by This Ordinance.
<br /> barrier of at leasT six (6) feeT in height. applicaTion, with its recommendafions, 8.7 Violations and Penalties.
<br /> 7.2 Slope of Excavation. Slope the to the Council. (1) ViolationofThisOrdinanceshallbe
<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 the advice and fhereof shall be punishable by a fine of
<br /> condition as noT to be dangerous because recommendations of the Administrator not to exceed $300.00 and-or im-
<br /> of sliding or caving banks. and Planning Commission and the effect prisonment for a period noT to exceed
<br /> 7.3 Set-back. Exfraction and of applicanYS operaTion upon the Total nineTy (90) days for each offense.
<br /> processing shall not be contlucted closer environmenT of the Village. If the ap- (2) In the evenf of a violaTion or a
<br /> ihan fifTy (50) feet to iheboundary of any plication is found to meet the inTent and threatened violation of This Ordinance,
<br /> area where such operations are not in regulations of This Ordinance, the the Council, or any member ihereof, in
<br /> process. ExcavaTion and processing addition to other remedies, ma institute
<br /> shall noT be made closer fhan fifT (50) Council may insiruct the Administrator Y
<br /> Y to issue a permit. appropriate acTions or proceedings ta .
<br /> feet fo the right-of-way line of any (7) The Administrator shall ihen issue prevent, resirain, correcT, or abate such
<br /> existing or plaTted sireef, road, or high- a permit To the applicant upon payment violations or threaTened violations and iT
<br /> way, except ihaT excavafing may be of the permit fee. is the duty of the AtTOrney To instituTe
<br /> conducted wifhin such limits in order to 8.4 Variances. such action.
<br /> reduce the elevation ihereof in con- (1) Where the Council and the Plan- SECTION9.0 EFFECTUATION
<br /> formity to the existing or plaTted sTreeT, ning Commission finds ihaT ex- 9.1 Separability. IT is hereby declared
<br /> road, or highway. iraordinary and unnecessary hardships to be the intention ihat the several
<br /> 7.4 Noise. All equipment used for may resulT from sirici compliance wiih provisions of ihis Ordinance are
<br /> excavaTion and reclamation and ihis Ortlinance, variances may be separable in accordance with the
<br /> processing, shall be constructed, grantetl provided ihat such variances following:
<br /> maintained and operaTed in such will not have the effecT of nullifying the (1) If any court of compeTent
<br /> manner as fo eliminate, as far as is intent and purposeof the Comprehensive iurisdiction shall adjudge any provision
<br /> pracTicable, noises and vibrations which Plan, Official Map, Zoning Ordinance or of this Ordinance to be invalid, such
<br /> are iniurious or substanTially annoying this Ordinance. iudgmenT 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 oi explosives shall require specific be filed wifh the AdminisTrator sTating specifically included in said judgmenT.
<br /> Village approval, upon reasonable the exceptional condiTions and the (2) If any court of competent iurisd-
<br /> conditions. peculiar difficulTies claimed. ciTion shall adludge invalid the ap-
<br /> 7.5 Hours of Operation. All operaTions (3) The requesT shall be referred to the plicaTion of any portion of ihis Ordinance
<br /> shall be conducted only between the Planning Commission for study con- To a particular STructure, site, facility or
<br /> hours of 7:00 a.m. and 7:00 p.m., excepf cerning iTS effecT on the character and operation, such judgment shall not af-
<br /> in the case of public emergency such as development of adiacenT areas. 7he fect the application of said provision fo
<br /> floods or whenever any reasonable or Planning Commission shall make iTS any other standards, facility, or
<br /> necessary repairs To equipment are recommendation within sixty (60) days operation not specifically included in
<br /> required fo be made. To the Council, if no recommendation is said iudgment.
<br /> 7.6 Dust and Dirt. All equipment shall made within ihaT time, the Council may 9.2 Repeal or Amendment. This Or-
<br /> be consTructed, mainTained and acT withouf the recommendation. dinance shall supersede the Zoning
<br /> operated in such a manner as to (4) In considering applications for Ordinance to the exTent thaT this Or-
<br /> minimize, as far as is practicable, dust variances, the Council shall consider the . tlinance is specifically in conflict with
<br /> condiTions which are iniurious or sub- advice and recommendaTions of the the Zoning Ordinance. This Ordinance
<br /> stantially annoying To persons living in Planning Commission and the effect of shall not supersede The provisions of
<br /> the vicinity. AIl operations shall meet the proposed variance upon the healih, Ordinance No. 97, relating to saniTary
<br /> the sTandards of the State PolluTion safeT and land/ill, since it is not intended That ihis
<br /> ConTrol Agency. All access roads on the Y~ 9eneral welfare of the Ordinance shall a I to saniTar land-
<br /> community existing and anTicipated and PP Y V
<br /> site operating To public highways, roads the effecT of the proposed variance. fill as defined in Ordinance 97, buf,
<br /> or s}reeTS or to adloining properTy shall (S) If the Council shall determine that except with respect to sanitary landfill,
<br /> be paved,ireaTed or watered asfar as is the special condiTions applying to the this Ordinance shall supersede Or-
<br /> practicable, so as fo minimize dust land in quesTion are peculiar to such dinance No. 97 wherever there is a
<br /> conditions. conflict.
<br /> ~ ~ A properTy, and do noT apply generally;
<br /> ppearance. All buildings and That the granting of the variance is 9.3 Effective Date. This Ordinance
<br /> sfruciures usetl for a permiTted necessary; fhat granTing the variance shall be in force and effect from and
<br /> operation shall be mainTained in such a will not in anyway impair healTh, safeTy, afTer the date of ifs passage and
<br /> manner, as far as is practicable and comfort, morals, or in any other respecT publicaTion.
<br /> according to acceptable indusirial be conirary to the intenT of This Or- Passed by the Council ihis 16 day of
<br /> pracTice, as fo asure ihat such buildings dinance, antl fhat the granting of such December, 1971.
<br /> ~ and sfructures will noi become variance will not merely serve as a Henry J. Crepeau Jr., Mayor
<br /> dangerouslydilapidafed.Weedsandany convenience To the applicant, but is ATTEST:
<br /> other unsightly or noxious vegeTation necessary To alleviate demonsirable Lorraine Siromquisf
<br /> shall be cut or Trimmed as may be hardship or difficulty, the Council may Clerk-Adminisirator
<br /> necessary to preserve a reasonably neaf granT such variances and impose con- (BUlletin: Dec. 23, 1971)
<br /> appearance antl to prevenf seeding on ditions and safeguards iherein. -
<br /> adjoining property. (6) Variances may be denied by
<br /> Within a period of ihree (3) monihs moTion of the Council and such motion
<br /> after the termination of a permitted shall constiTUfe a finding and deTer-
<br /> operafion, or within Three (3) monihs minaTion ihatihe conditions required for
<br /> aiter abandonment of such operation for
<br /> approval do noT exist. No application
<br /> a period of six (6) monihs (or within
<br /> for
<br /> Three monihs after expiration of a a variance which has been denied
<br /> permit), all buildings and siructures Wholly or in part shall be re-submitted
<br /> incidental to such operaTion shall be for a period of six (6) monihs from
<br /> the tlate of said order of denial, excepT
<br /> dismanfled and removed by, and at the on grounds
<br /> expense of, the operator last operating of new evidence or proof
<br /> such buildings and sirucfures; except of change of condifions found to be
<br /> valid by the Planning Commi55ion.
<br /> that such buildings and sTructures need (7) q violation of any condition set
<br /> not be dismanTled antl removed so long forTh in granting a variance shall be a
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