[HISTORY: Adopted by the Village Board of the Village of
East Troy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 8, Ch. 5,
of the 2000 Code]
It is the intent of this article to regulate the nauseous, offensive
or unwholesome business that is carried on within four miles of the
Village limits, as is hereinafter designated. The intent of this article
is to permit the Village of East Troy to grow and develop in a manner
that is consistent with the best interests of the Village and to permit
the Village of East Troy to better exercise its extraterritorial zoning
powers and create a long-term master land use plan which will not
be unduly affected by offensive industry regulated hereinafter. The
following are examples of the industries determined to be offensive
and requiring approval. The list is not all inclusive, but these are
examples: manufacture of cement, lime, gypsum, plaster of paris, acid,
explosives, fertilizers or glue, crematories, rendering plants, refineries,
tanneries or incinerators, stockyards or slaughterhouses, junkyards
or salvage yards, drop forges or foundries, storage of explosives
except as incidental to a permitted use, storage of gasoline or petroleum
in excess of 50,000 gallons, quarrying and extraction of materials.
The following definitions shall be applicable in this article:
All areas within 1/2 mile of the jurisdictional limits of
the Village of East Troy shall be deemed an affected area. In addition,
all areas within 1/4 mile of the right-of-way of any county highway,
state highway or interstate highway within four miles of the boundaries
of the Village of East Troy shall be deemed an affected area and within
the area regulated by this article.
Offensive industry falling under the jurisdiction of this
article shall be defined as any industry or business that conducts
or is likely to conduct a nauseous, offensive or unwholesome business
that is likely to cause illness or pain or adversely affect persons
with ordinary sensibilities or adversely affect the person and property
of ordinary persons within the Village by reason of noise, dust, environmental
pollution (air and water), odor, lateral support, vermin, unsightliness,
vapor, gases, odorous substances (visible or invisible), safety, or
any other condition that has a negative impact upon ordinary persons
or their property. Such industries are hereby declared to be public
nuisances since they could, unless regulated, interfere substantially
with comfortable enjoyment of life, health, safety to another or others.
Agricultural uses violating this article shall only be regulated hereunder
if the use is a threat to public health and safety, pursuant to § 823.08,
Wis. Stats. In addition, the same shall specifically include any area
where solid waste is stored, deposited, disposed or recycled; also
including areas where refuse, rubbish, ashes or garbage may be dumped
or accumulated, as set forth under § 66.0415, Wis. Stats.
A.Â
No person shall locate, operate or place any offensive industry in
the affected area unless a permit for the same is obtained from the
Village Board.
B.Â
Notwithstanding the foregoing, the following shall be prohibited:
(1)Â
Solid or hazardous waste landfills or landfill expansion within 1/2
mile of the Village limits or within 1,200 feet of any county, state
or interstate highway within the affected areas.
(2)Â
Other industries which engage in activities which are prohibited
by the Village of East Troy Code of Ordinances.
[Amended 12-16-2019 by Ord. No. 2019-18]
An applicant shall comply with the provisions of this article
by obtaining and by submitting to the Village Clerk an application,
signed by the applicant. The application shall contain the following
information:
A.Â
Name, address and telephone number of the applicant.
B.Â
Location, current owners and legal description of the industry's
facility.
C.Â
Statement of the nature of the proposed industrial operation, including
a description of the machinery to be used, the employment of safety
devices to protect the public from dangers inherent to the proposed
use, method of concealing unsightly deposits, if any, and any other
pertinent data which the Village deems material.
D.Â
The names and address of all owners of property within 1,000 feet
of the property boundaries of the industry's facility.
A.Â
With the application, the applicant shall submit the following:
(1)Â
A fee
set by the Village Board shall accompany the application to defray
the costs of review, investigation, negotiation and other costs associated
with the issuance of the permit. The applicant shall also be responsible
for the payment of all legal and engineering expenses which may be
incurred by the Village and which are associated with the procedures
described in this article.[1]
(2)Â
A performance
bond, surety insurance or other financial guarantees of an amount
not less than $1,000, in a form acceptable to the Village Attorney.
B.Â
If, at any time, the applicant fails to meet the financial requirements
as above stated, the permit may be rescinded after notice to the applicant
and a hearing on the applicant's compliance.
[Amended 12-16-2019 by Ord. No. 2019-18]
Upon receipt of an application as provided in § 217-4, the Village Board shall inspect the premises for which a permit is requested and shall set a date for a public hearing upon such application, which date shall not be more than 90 days after receipt of the application by the Village Clerk. Notice of the hearing shall be given as a Class 1 notice, as described in § 985.07, Wis. Stats. Such public hearing shall be merely advisory in regard to affecting any action which may be taken by the Village Board upon such application.
Within five days after the public hearing, the Village Board
shall make a determination as to whether the operation of the proposed
used described in the application will be detrimental to the health,
safety and welfare of the public of the Village of East Troy. Such
determination shall be made on the basis of the information contained
in the application, together with the evidence presented at the public
hearing, and a personal inspection of the premises by the members
of the Village Board. The Village Board may condition the issuance
of a permit on an agreement with the applicant to perform those conditions
which, in the opinion of the Village Board, will protect the interests
of the Village, including but not limited to restoring the premises
in accordance with any representations contained in the application.
The Village Board shall thereupon grant or deny the permit in accordance
with such determination.
A.Â
Such permit shall expire on June 30 of every year and shall not be
assignable. Such permit shall also terminate:
(1)Â
Upon change of ownership of the land affected by such permit, or
upon the change of ownership of the firm, company, corporation or
municipality operating the permitted business.
(2)Â
In the event the use specified in the permit is not carried out in
accordance with the representations contained in the application,
or in the event such use is changed to another use enumerated herein.
Any change in the operation specified in the application as
approved by the Village Board in granting the original permit, or
violation of this article, shall constitute grounds for revocation
of the permit.
Any proceeding to revoke a permit shall be instituted by the
Village Board by the mailing (certified mail, return receipt requested)
of a notice of hearing on revocation to the applicant. Such notice
shall be mailed at least 10 days prior to the date of the hearing.
At such hearing, the applicant may appear personally and by his attorney
and present his defense to the proposed revocation. The Village Board
shall have five days after such hearing to make a determination of
whether grounds exist. If the Board finds that any conditions specified
in this article as grounds for revocation of a permit have been violated,
the Village Board shall revoke such permit and notify the permittee
by certified mail addressed to the permittee at the address shown
in the application. The permittee shall thereafter cease and desist
forthwith from the operation of the permitted premises.
In the event a permit is denied for operation of any business enumerated herein with respect to any particular parcel of realty, no application for the same business on the same parcel of land, or any part thereof, may be filed within one year from the date of denial. In the event, however, that a new application shall reveal a material difference in any of the items specified in § 217-4 or 217-5 hereof, the Village Board may, upon a finding that the new application does include such material difference, proceed to hear and determine such new application within said one-year period.
Any person, firm, corporation or municipality who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this article shall be subject to a forfeiture as prescribed in § 1-4 together with the costs of prosecution and, in default of payment thereof, to imprisonment in the county jail for a term of not more than 30 days, or until such judgment is paid in the case of an individual, and every day of violation shall constitute a separate offense. In addition to the remedies set forth herein, the Village of East Troy may institute a suit to enjoin such violation or intended violations.
