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(3) Indication. Sites, which are designated shall be indicated by <br /> attaching the suffix "HD" to the zoning district in which the site is <br /> located. <br /> (4) Protection. No building or structure, whether or not a permit <br /> therefore is required under this ordinance, shall be erected on, and no <br /> use which involves soils disturbance shall be made of, any historic site <br /> except that with consent of the Agriculture, Environment and Land Records <br /> Committee, an owner may remove, replace or add vegetation designed to <br /> preserve the site. There shall be a clear area extending 25 feet in all <br /> directions from any historic site except that on substandard lots where <br /> the clear area distance of 25 feet cannot reasonably be maintained, the <br /> clear area distance shall be reduced to! a distance equal to twice the <br /> depth of any excavation intended to be constructed on the lot or 10 feet, <br /> whichever is greater, unless a more restrictive minimum distance is <br /> imposed by state statute in which case the statutory minimum shall apply. <br /> (a) The Committee is empowered to grant a waiver from the Clear zone <br /> requirements above for any lot provided that the Committee finds that <br /> the owner cannot otherwise make reasonable use of the lot for the <br /> zoning classification it bears and that the site is preserved intact. <br /> The Committee shall seek the advicelof the Park Commission when <br /> considering any waiver application. ) <br /> (b) In no event shall a waiver under this section allow a structure <br /> to be located closer to an historicIsite than a distance equal to <br /> twice the depth of any excavation intended to be used for that part of <br /> the structure closest to the historic site, and in any event not <br /> closer than is permitted by statute! <br /> 1 <br /> (c) Notwithstanding any language herein to the contrary, replacement <br /> private sewage systems, as defined in sec. 46.03 (14) , and existing <br /> roads, including repairs thereto, may be located in clear areas. <br /> (d) Where the designation of a particular parcel of land as an <br /> historic site under this ordinance results in a property owner being <br /> deprived of all, or substantially all, of the beneficial use of the <br /> property, compensation shall be paid as provided for by law. <br /> ARTICLE 6. Section 10.25(5) (a) is amended to read as follows: <br /> (5) "Penalties" (a) any person or persons, firm, company or corporation, <br /> owner, occupant or other user of the premises, who violates, disobeys, <br /> omits, neglects or refuses to comply with or resists the enforcement of <br /> any of the provisions of this ordinance 'shall be subject to a forfeiture <br /> of not less than five dollars, nor more than two hundred dollars and costs <br /> except that violations of sec. 10.157(4 shall be at the rate of not less <br /> than $1,000 nor more than $5,000 per violation. Each day that a violation <br /> is permitted to exist shall constitute al separate offense. Compliance <br /> herewith shall be enforced by injunctional order at suit of the County or <br /> occupant of real estate within the district affected by the regulations of <br /> this ordinance. It shall not be necessary to prosecute for forfeiture <br /> before resorting to injunctional proceedings. <br />