No land or structure in any district shall be used or occupied
in any manner so as to create any dangerous, injurious, noxious or
otherwise objectionable fire, explosive or other hazard; noise or
vibration, smoke, dust, odor, or other form of air pollution; heat,
cold, dampness, electrical or other substance, condition or element
in such a manner or in such amount as to adversely affect the adjoining
premises or surrounding area, provided that any use permitted or not
prohibited by this chapter may be established and maintained if it
conforms to the provisions of this article.
A.
Performance standards, review. Whenever there is a complaint, signed by three or more fee holders, that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements as described in § 285-44, the Planning Commission shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to the Village Board. In the event that the Planning Commission concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request the Village Board to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of said dangerous or objectionable elements and of practical means of remedying such conditions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Village Board may approve, partially approve, or disapprove the measures recommended therein and instruct the Building Inspector to proceed with the enforcement of said measures in accordance with the provisions of § 285-2 of this chapter, said measures having the effect of a provision of this chapter.
C.
Underground storage of flammable liquids:
(1)
No Class 1 or Class 2 liquids as defined by the Flammable Liquids
Code of the State of Wisconsin shall be stored in underground fuel
tanks in the R-1, R-2 or R-3 Districts unless prior approval shall
be first obtained from the Village Board.
(2)
Before granting such use, the Village Board shall consider the area
involved surrounding the location where such storage is requested
and shall determine whether such storage shall constitute present
or future hazard to the welfare and well-being of the persons residing
in such area.
Review of application for building permit or certification of occupancy. Applications for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in the M-2 District regulations, shall be referred by the Building Inspector to the Village Board. The Board shall cause such plans and specifications to be examined by a competent specialist or laboratory in the manner prescribed in § 285-45 hereof.
Any use authorized under the provisions of this section shall
comply continually therewith and shall remedy any additional dangerous
or objectionable elements which may develop in the course of its operation.[1]
