Village of Greendale, WI Residence Districts

Permitted uses.

Permitted uses of land, buildings, or structures as hereinafter listed in each residence district shall be permitted in such districts indicated under the conditions therein specified. No land, buildings or structures shall be devoted to any use other than a use permitted hereinafter in the residence district in which such land, buildings or structures shall be located, with the exception of the following:

Uses lawfully established on the effective date of this chapter (April 8, 1964); and

Special uses allowed in accordance with the provisions of § 17.36.

Uses lawfully established on the effective date of this chapter (April 8, 1964) and rendered nonconforming by the provisions thereof shall be subject to regulations of Wisconsin Statutes governing nonconforming uses.

Special uses. Special uses as hereinafter listed in each residence district may be allowed only in the residence district indicated, subject to the issuance of special use permits in accordance with the procedures herein set forth. The Village Board may reject any application for a special use.

Nameplates and signs.

[Amended 8-18-1998 by Ord. No. 759; 5-17-2005 by Ord. No. 817; 9-15-2009 by Ord. No. 848; 10-16-2018 by Ord. No. 899]

Nameplate and identification signs affixed to a building or the ground may be illuminated with nonflashing illumination, subject to the following:

Area, residential uses. For each single-family detached dwelling or for each dwelling unit in a two-family dwelling there shall be not more than one nameplate, not more than one square foot in area and for a multiple-family dwelling there shall be not more than one sign, not more than three square feet in area. On a corner lot there may be two such nameplates or signs, one facing each street.

Area, nonresidential uses. There shall be not more than one identification sign, not more than 32 square feet in area. On a corner lot, there may be two such signs, one facing each street.

Location. A sign or nameplate not affixed to a building wall shall be not less than 15 feet from the nearest lot line.

Height. A sign or nameplate affixed to a building wall shall not project higher than one story or seven feet above curb level, whichever is lower.

(Reserved)

Signs accessory to parking areas for nonresidential uses are subject to the following:

Area and number. Only one sign for each such exit or entrance is permitted and a maximum size of two square feet each. One sign per parking area shall be permitted having an area of not more than nine square feet. On a corner lot there may be two such signs, one facing each street.

Projection. A sign shall not project beyond the property line into the public way.

Height. A sign shall not project higher than seven feet above curb level.

Temporary signs for housing developments.

Area and number. In a housing development initially under single ownership or control containing more than 20 single-family detached dwellings or more than 12 dwelling units other than single-family detached there may be erected one sign fronting each street along the exterior boundary of such development. Each sign shall contain not more than 180 square feet of gross surface area. Such sign or signs shall be removed not less than nine months after occupancy of the first dwelling unit in the development or within six months after the completion of the development, whichever is sooner.

Illumination. Such sign may be illuminated by nonflashing illumination, provided that direct rays of light are not beamed upon adjacent properties or into a street.

Location. Such sign shall be located not less than 20 feet from any property line along the exterior boundary of the development and shall be not less than 50 feet from the point where any two street right-of-way lines intersect.

Height. Such sign affixed to a building shall not project higher than building height, and a ground sign shall not project higher than 30 feet above curb level.

Temporary signs are subject to the following:

On-site sign area, number and size. There shall not be more than one on-site sign per lot, except on a corner lot, two signs, one facing each street. No on-site sign shall exceed 24 square feet in area. Signs shall be located on private property not less than eight feet from the nearest lot line, except on-site banners which may be attached to previously existing fences and structures on the property up to the property line. In no instance shall an on-site sign be located within a sight triangle of the area formed by the intersection of street right-of-way lines and a line connecting two points located on those intersecting right-of-way lines 25 feet from the point of intersection of the right-of-way lines, nor within a sight triangle of the area formed by the intersection of a street right-of-way and a driveway and a line connecting two points which are located on the right-of-way line and the driveway 20 feet from the point of intersection, nor in any other unsafe location.

Temporary signs, generally. Temporary signs are also subject to the requirements of § 17.365(11) of this chapter.

Off-site sign area, number and size. In addition to on-site signs in accordance with this section, a qualifying nonprofit community-based organization may be permitted to display not more than eight off-site community event signs per event approved by the Village Manager or designee, on Village property, at locations and intersections approved by the Village. No off-site sign shall exceed six square feet in area. Off-site signs shall be located on Village property adjacent to, but not within, the Village right-of-way. In no instance shall an off-site sign be located within a sight triangle of the area formed by the intersection of street right-of-way lines and a line connecting two points located on those intersecting right-of-way lines 25 feet from the point of intersection of the right-of-way lines, nor within a sight triangle of the area formed by the intersection of a street right-of-way and driveway and a line connecting two points which are located on the right-of-way line and the driveway 20 feet from the point of intersection, nor in any other unsafe location.

Off-site sign length of time. An off-site sign shall have a maximum display time of 14 consecutive days per event approved by the Village Manager or designee.

Off-premises signs are prohibited.

Loomis Road/State Highway 36 Pedestrian Bridge banner area, number, size and length of time. A qualifying nonprofit community-based organization may erect two community event banners, one on each side, on the Loomis Road/State Highway 36 Pedestrian Bridge. Loomis Road/State Highway 36 Pedestrian Bridge banners shall not exceed 40 square feet. Overpass banners must be approved by the Director of Inspection Services and the Wisconsin Department of Transportation. Loomis Road/State Highway 36 Pedestrian Bridge banners shall have a maximum display time of 14 consecutive days. The fee for such banners, one on each side, shall total $100, and the fee cannot be waived.

Removal of violating signs. Any sign or banner violating any of the provisions of this Subsection (3)(e) may be removed immediately by the Village without notice.

The total sign area on the lot shall be 13 square feet, unless additional square footage is expressly permitted by this chapter.

Home occupations

[Amended 3-18-2008 by Ord. No. 835; 10-5-2010 by Ord. No. 853]

Standards for home occupations and home offices. The following specific standards shall be used for home occupations and home offices located as accessory uses in all residence districts:

Home occupation employees. A home occupation shall not employ more than one additional employee, either another member of the family residing on the premises or one residing elsewhere.

Maximum floor area permitted to be used for home occupation. The use of the dwelling unit for the home occupation or home office shall be clearly incidental and secondary to its use for residential purposes. No more than 25% of the floor area of the dwelling unit (excluding attached garages but including dwelling unit basements) shall be used in the conduct of the home occupation or home office. No outside display, storage, or use of land is permitted.

No change in the outside appearance of the building, accessory structure, or premises permitted. There shall be no change in the outside appearance of the building, accessory structure, or premises because of such home occupation or office, except for an unlighted sign or nameplate, not more than one square foot in total area, attached to and not projecting from the building.

Conduct of home occupation in accessory building, accessory structure, or outdoors prohibited. No home occupation or home office shall be conducted in any accessory building, accessory structure (attached or detached), or outdoors.

Use of mechanical and electrical equipment. No mechanical equipment shall be used on the premises, except such that is normally used for on-site domestic or household purposes. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage greater than that normally associated with household use. Computer and communications equipment that meets the aforementioned criteria which can be purchased for use in the home shall be considered as normally associated with household use.

Sale and display of commodities and goods. No commodity or good not produced on the premises shall be sold on the premises nor displayed on the exterior or interior of the premises, or warehoused on the premises for sale elsewhere. This does not preclude taking orders for sales or orders for the provision of services off-site.

Traffic and parking. No vehicular or pedestrian traffic shall be generated by such home occupation or home office in greater volume than would normally be expected from the principal residential use. For measuring vehicular traffic, either the criteria established in the most current edition of the Institute of Transportation Engineers publication titled "Trip Generation" or a maximum of 22 trips per twenty-four-hour time period shall be used, whichever is greater, for a weekday using the upper end of the range of rates. All customer and client vehicles associated with the home occupation shall be legally parked on the lot or parcel at which the home occupation is located; however, if adequate legal parking space (as determined by the Village Director of Inspection Services based upon Village-defined legal parking spaces) is not available on the lot or parcel associated with the home occupation for the legal parking of two customer and client vehicles, then one of said customer and client vehicles may be permitted to be parked on a public street subject to the approval of location by the Village Director of Inspection Services. All customer and client vehicles parked at any time on the lot or parcel associated with the home occupation shall not exceed two such vehicles.

Vehicle used in conjunction with the home occupation. No more than one vehicle, which complies with the provisions of § 17.12(6) of the Village Zoning Code, shall be used in the conduct of the home occupation. Any truck, as defined in § 17.12(6) of the Village Code, used in the conduct of the home occupation shall not be parked on a public street, public parking lot, or any other public lands. No trailers shall be used as part of the home occupation.

Business hours of a professional services type of home occupation. Business hours of a professional services type of home occupation shall be limited to 8:00 a.m. to 9:00 p.m. on Monday through Saturday; home occupations shall not be conducted on Sundays.

10.

Home occupation uses permitted. A home occupation may include, but not be limited to, the following: domestic crafts such as seamstress, sewing, tailoring, weaving, private tutoring and instruction, including music instruction, barber shops or beauty parlors; sign making which is electronically generated or brush painted only; and home offices shall include professional services. Business hours of a professional type of service shall be limited to 8:00 a.m. to 9:00 p.m.

11.

Home occupation uses not permitted. The following uses are not permitted as a home occupation: millinery shops; tea rooms; restaurants; tourist homes; bed-and-breakfast establishments; auto repair and tune-up, including the painting or repair of automobiles, trucks, trailers, boats, or lawn equipment; general offices which would require more off-street parking than which is required for the type of residential use which is permitted in the residential district; clinics; physician's, dentist's and offices of the like; welding shops; animal hospitals; dispatching of transfer and moving vans; furniture repairing and refinishing; veterinary clinics; catering or other food preparation businesses; funeral parlors, undertaking establishments, crematoria, or mausoleums; tattoo and body-piercing parlors; antique shops; taxidermy shops; tree-cutting and/or landscaping services; resale shops; boarding, lodging, or rooming houses; dancing schools; kennels; commercial stables; message therapy; public places of amusement such as theaters or video arcades; warehousing; welding shops; machine shops; construction businesses or landscaping businesses that include the storage of goods and materials to be used in the operation of a business; nursery schools; palm reading or fortune-telling; photo finishing; portrait studios; private clubs; radio, television, and other electronic repair shops; raising animals for sale; sign making unless electronically generated or brush painted only; trash hauler operation other than a home office; small engine repair or small vehicle repair; among others.

12.

Levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference. There shall be no levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference created which are detectable to the normal senses outside the dwelling unit greater than that normally associated with household use.

13.

Nuisance-causing activities. No home occupation shall cause or create any nuisance, cause or create any substantial or undue adverse impact on any adjacent property or the character of the area; or threaten the public health, safety or general welfare; or be noxious, offensive, or hazardous.

14.

Materials which are hazardous or decompose by detonation prohibited. No materials which are hazardous or decompose by detonation shall be allowed within a home occupation.

15.

Refuse and garbage. No refuse and/or garbage greater than the amount allowable for regular residential pickup shall be generated by any home occupation.

16.

Public utility use exceeding typical residential dwelling unit demand not permitted. No home occupation shall be permitted which generates sewerage, water use, electric use, or natural gas use greater than what is typical for a residential dwelling unit.

17.

Maximum number of customer/client visits per day and a daily customer/client appointment schedule to be made available to village. The home occupation shall not generate more than eight customer/client visits to the home occupation premises in any one day and no more than two customers/clients are allowed on the home occupation premises at any one time. The operator of the home occupation shall maintain a daily customer/client appointment schedule on the home occupation premises at all times which shall be made available to the Village upon request of the Village Director of Inspection Services. Said customer/client appointment schedule shall document all customer/client visits by specific date and time. For the purposes of this subsection, one customer/client visit shall be deemed as: two trips by vehicle by a customer/client or each time any one customer/client both enters and exits a lot or parcel of land on foot as a pedestrian from a public street right-of-way during any twenty-four-hour time period.

Existing home occupation uses. A nonconforming home occupation use that was established legally prior to the enactment of this section may be continued as a legal nonconforming home occupation use. However, no expansion of any existing legal nonconforming home occupation use shall be permitted.

Home occupation uses and applicable state and federal rules and regulations. The home occupation shall meet all applicable state and federal rules and regulations for the type of home occupation proposed. Copies of all applicable state and/or federal approvals, permits, licenses, and registrations required for the conduct of the type of use proposed by the applicant shall be provided to the Village Director of Inspection Services at the time the application is first submitted to the Village. All said applicable state and/or federal approvals, permits, licenses, and registrations required for the conduct of the type of use proposed by the applicant shall not be allowed to lapse during the term of the operation of the home occupation use.

Home occupation permit required for home occupation uses. A home occupation permit shall be required for all home occupations located in the Village. Said home occupation permits are issued by the Director of Inspection Services. There shall be no fee charged for said home occupation permit.

Costs. The costs of all professional, expert, and/or technical consultant services retained by the Village of Greendale and rendered in review of a home occupation permit for a home occupation use; administration of the home occupation permit; and checking and/or inspections relating to the home occupation permit, including, but not limited to, the Village of Greendale consulting a professional engineer, consulting planner, Village Attorney, or other professional, expert, or technical services shall be borne by the applicant for the home occupation permit and shall be considered as a part of the application fees for the home occupation permit for home occupations.

Applications for home occupation permits. All applications for home occupation permits shall be submitted to the Village Director of Inspection Services with complete data provided by the applicant to the Village on an application form supplied to the applicant by the Village Director of Inspection Services. The Village Director of Inspection Services shall review and act upon all such applications. The Village Director of Inspection Services may refer the home occupation permit application and related data to appropriate Village departments and consultants (if Village department and/or consultant review is deemed to be necessary by the Village Director of Inspection Services) for their study and/or comment prior to the Village Director of Inspection Services' review and action upon such home occupation permit application. Based upon the Village Director of Inspection Services' review of the home occupation permit application and the requirements set forth in the Village Zoning Code, the Village Director of Inspection Services may grant or deny the home occupation permit for a home occupation. Based upon unique circumstances of the home occupation use, the home occupation premises or property, and/or the neighborhood within which the home occupation is located, the Village Director of Inspection Services shall specify standards and/or requirements in the home occupation permit which protect the health, safety, and welfare of the public by minimizing any adverse effects of the proposed use on the immediate vicinity through building design, site design, landscaping, screening, or other means (as deemed appropriate by the Director of Inspection Services). Said home occupation permit requirements may be in addition to those standards set forth in § 17.12(4)(a) of the Zoning Code.

Effect of denial of a home occupation permit for home occupation uses. No application for a home occupation permit for a home occupation use which has been denied, wholly or in part, by the Village Director of Inspection Services shall be resubmitted until after 30 days from the date of said denial.

Home occupation permit for home occupation use runs with land and not the applicant. Home occupation permits for home occupations shall be deemed to relate to, and to be for the benefit of, the use and lot in question rather than the applicant, owner, or operator of such use or lot.

Additions and enlargements to legal home occupation uses. Any additions or enlargements to an existing legal home occupation use for which a home occupation permit has been issued may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for its original approval.

Additions and enlargements to illegal home occupation uses. Any additions or enlargements to an existing illegal home occupation use for which a home occupation permit has not been issued shall not be allowed unless the entire home occupation use is made to conform to all the regulations of the zoning district in which it is located and pursuant to the procedures and subject to the standards and limitations provided in this section.

Effect of issuance of a home occupation permit for a home occupation. The grant of a home occupation permit for a home occupation use shall not authorize the establishment or extension of any such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances and codes of the Village of Greendale, including but not limited to building permit, zoning permit, land division approval, site plan approval, or other type of permit or approval. Only one home occupation permit shall be allowed to be issued per dwelling unit.

Amendments to home occupation permits for home occupation uses. A home occupation permit for a home occupation use may be amended, varied, or altered only pursuant to the procedures and subject to the standards, limitations, and home occupation permit application process required under the provisions of this section.

Review of existing home occupation permits for home occupation uses. If a review of a home occupation permit is deemed necessary by the Director of Inspection Services, an existing home occupation permit for a home occupation use shall be reviewed by the Village of Greendale as follows:

The Village Director of Inspection Services may review at any time an existing home occupation permit for a home occupation use if any of the following determinations are made by the Village Director of Inspection Services:

The home occupation use for which the home occupation permit was granted has not continued in conformity with the Village Zoning Code, the Village of Greendale's conditions of approval of the home occupation permit, or with any subsequent amendments to the home occupation permit.

Violations of other statutes, ordinances, or laws.

Upon review of the home occupation permit for home occupation uses by the Village Director of Inspection Services, the Village Director of Inspection Services may determine that: no action be taken; revisions to the home occupation permit be made or additional conditions be added to the home occupation permit in compliance with this section; or the home occupation permit be terminated due to noncompliance with the Village Zoning Code.

Bed-and-breakfast establishments. Standards for bed-and-breakfast establishments.

[Added 7-17-2012 by Ord. No. 860[1]]

Maximum number of bedrooms for rent and maximum number of tourists or transients at any time. The bed-and-breakfast establishment shall provide two or fewer bedrooms for rent to no more than a total of six tourists or transients at any time.

Provision of the breakfast meal only. Banquets, parties, weddings or meetings for guests or other non-family members associated with the patrons of the bed-and-breakfast establishment are prohibited. The bed-and-breakfast establishment shall provide no meals other than breakfast and provide the breakfast only to patrons of the bed-and-breakfast establishment. Bed-and-breakfast establishment services shall only be provided to overnight patrons of the facility. Any serving or consumption of liquor shall comply with all state statutes.

Owner's personal residence. The bed-and-breakfast establishment shall be the owner's personal residence and shall be occupied by the owner at the time of rental.

Single-family detached dwelling occupancy. The bed-and-breakfast establishment shall be originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a detached, single-family residence. The detached, single-family residence shall have been used as a residence for at least a total of five years prior to filing the application for a bed-and-breakfast establishment.

Traffic and off-street parking required on premises.

No vehicular or pedestrian traffic shall be generated by such bed-and-breakfast establishment in greater volume than would normally be expected from the principal residential use. For measuring vehicular traffic, either the criteria established in the most current edition of the Institute of Transportation Engineer's publication titled "Trip Generation" or a maximum of 22 trips per twenty-four-hour time period shall be used, whichever is greater, for a weekday or weekend day (as applicable) using the upper end of the range of rates. All tourists or transients associated with the bed-and-breakfast establishments shall be legally parked on the lot or parcel at which the bed-and-breakfast establishment is located.

The bed-and-breakfast establishment shall provide a minimum of two off-street parking spaces on the premises to accommodate the tourists or transients, and said two off-street parking spaces shall be in addition to those required by the Village Zoning Code to accommodate the single-family residential use. There shall be a maximum of two customer vehicles on the premises at any one time.

Plat of survey required existing and proposed parking spaces. A plat of survey shall be required of the property upon which the bed-and-breakfast establishment is proposed to be located, indicating the locations of all required, on-site, off-street parking spaces with all existing and proposed parking spaces graphically indicated [including those spaces proposed to be housed in on-site garage(s)] on said plat of survey. The dimensions of all existing and proposed off-street parking areas shall be indicated at a recognized engineering scale on the plat of survey.

Bed-and-breakfast establishment incidental and secondary to its use as a detached single-family residential structure. The use of the dwelling unit for the bed-and-breakfast establishment shall be clearly incidental and secondary to its use as a detached, single-family residential structure.

No change in the outside appearance of the building, accessory structure or premises permitted. There shall be no change in the outside appearance of the building, accessory structure or premises (except as may be needed to accommodate required on-site, off-street parking) because of such bed-and-breakfast establishment, except for an unlighted sign or nameplate, not more than one square foot in total area, attached to and not projecting from the building. Any signage identifying the bed-and-breakfast establishment shall be no larger than two square feet. The sign may project from the building, but not project over any property lines.

Conduct of bed-and-breakfast establishment in accessory building, accessory structure or outdoors prohibited. No bed-and-breakfast establishment shall be conducted in any accessory building, accessory structure (attached or detached) or outdoors.

Refuse and garbage. No refuse and/or garbage greater than the amount allowable for regular residential pickup shall be generated by any bed-and-breakfast establishment.

Public utility use exceeding typical residential dwelling unit demand not permitted. No bed-and-breakfast establishment shall be permitted which generates sewerage, water use, electric use or natural gas use greater than what is typical for a residential dwelling unit.

Operating hours of a bed-and-breakfast establishment. The operating hours of a bed-and-breakfast establishment shall be limited to 4:00 p.m. to 11:00 a.m. unless other hours of operation are established by the Village Board.

Existing bed-and-breakfast establishment uses. Nonconforming bed-and-breakfast establishment uses that were established legally prior to the enactment of this section may be continued as a legal nonconforming bed-and-breakfast establishment use. However, no expansion of any existing, legal, nonconforming bed-and-breakfast establishment use shall be permitted.

(n)

Limitation on home occupation and home office uses. For those premises for which a special use permit has been granted for a bed-and-breakfast establishment use, a home occupation or home office use shall not be allowed. In addition, no special use permit shall be issued for a bed-and-breakfast establishment use for those premises which are already occupied by a home occupation or home office use.

(o)

State of Wisconsin codes and regulations for bed-and-breakfast establishment to be followed and adhered to. In addition to the Village of Greendale's regulations for bed-and-breakfast establishments, all applicable sections of both the Wisconsin Statutes and the Wisconsin Administrative Code, including those requirements set forth under the provisions of Wisconsin Administrative Code Chapter DHS 197 titled "Bed and Breakfast Establishments." Copies of all permits required by State of Wisconsin agencies for a bed-and-breakfast establishment shall be furnished to the Village of Greendale prior to the Village of Greendale's issuance of a special use permit.

(p)

Special use permit for bed-and-breakfast establishment nontransferable. A special use permit issued for a bed-and-breakfast establishment shall not be transferable from the premises for which it was initially issued to different premises. Nor shall a special use permit issued for a bed-and-breakfast establishment be transferred from one bed-and-breakfast establishment owner to another different owner.

(q)

Additional conditions on special use permits for bed-and-breakfast establishment uses. The Plan Commission may recommend, and the Village Board may impose, such conditions and limitations concerning use, construction, character, location, landscaping, maintenance, screening, operation, hours of operation and other matters relating to the purposes and objectives of the Zoning Code upon the premises benefited by the issuance of a special use permit for a bed-and-breakfast establishment use as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property, upon public facilities and services, assure protection of the public interest, and to secure compliance with the standards and requirements specified in the Zoning Code. Such conditions shall be expressly set forth in the special use permit for the bed-and-breakfast establishment use, and the Village Board may require the unconditional consent of the applicant to such conditions. Violation of any such condition or limitation shall be a violation of this Zoning Code and shall constitute grounds for revocation of the special use permit pursuant to the requirements of Section 17.36(4) of the Zoning Code.

[1]

Editor's Note: This ordinance also redesignated former Subsections (5), (6) and (7) as Subsections (6), (7) and (8), respectively.

Lot area, lot width, side yard and floor area ratio regulation applicable to lots in subdivisions containing qualifying permanent open spaces.

Whenever a landowner, developer or subdivider has provided qualifying permanent open spaces as a part of a recorded plat of a residential subdivision, the final plat of which received approval of the Plan Commission and the Village Board after the effective date of this chapter (April 8, 1964), the lots within such subdivision, with the approval of the Village Board, may have a minimum lot area and lot width 15% less than required for the district or districts in which the subdivision is located. The side yards as otherwise herein required for the dwelling on a lot in such subdivision may, with the approval of the Village Board, be reduced by not more than 15% and the maximum floor area ratio may be increased by not more than 15%, with the approval of the Village Board. When qualifying permanent open space is accessory to private or semipublic school or other approved institutional use, such 15% referred to above in all cases shall be reduced to 8%.

Qualifying permanent open space shall be lands having an area equivalent to not less than 15% of the total area of all residential lots in the subdivision and such lands have been dedicated or otherwise conveyed as sites for public parks, public schools or other public use open areas, private recreation areas or private or semipublic schools or other approved institutional uses. When title to any such land is not held by a governmental corporation, body or agency, the required use shall be perpetuated by recorded covenants accompanying the recorded subdivision plat. The Village Board may approve a qualifying open space that is not located within the perimeter of the subdivision when there is an irrevocable commitment by the owner or owners of such abutting or adjacent land to dedicate or convey them so as to make them available for qualifying open space.

All qualifying open spaces shall be located within the Village. Open spaces that are not within the perimeter of the subdivision shall be not more than 1,320 feet from a lot line of any lot in such subdivision for a single-family detached dwelling and not less than 660 feet from the lot line of any lot for other dwelling types. One or more qualifying open spaces may apply to any subdivision. Such open spaces located beyond the perimeter of the subdivision shall comprise all or proportionate parts of tracts of land, each 15 acres or more in area, designated for open space on the Official Zoning Map of the Village. When all or a part of an open space as designated in the Official Zoning Map is located within the perimeter of the subdivision, such land shall be designated as all or a part of qualifying permanent open space, and when the area of such open space land within a subdivision exceeds 15% of the area of the lots in the subdivision, such excess land shall be reserved for qualifying permanent open space to be dedicated for such open space of an adjacent subdivision or to be purchased by the Village or county.

[Amended 7-5-2006 by Ord. No. 830]

Automobile and truck storage. Passenger automobiles and only one panel truck or pick-up truck per dwelling, when used by the occupant in his business or occupation, shall be permitted. Panel or pick-up trucks shall be limited to those with a maximum wheel base of 129 inches and a gross weight of 8,000 pounds or less. Such automobiles and trucks shall be in operable condition unless stored within an accessory building.

[Amended 3-18-2008 by Ord. No. 835]

Site plan, landscape plan, and lighting plan submission and Village review required. Detailed site plan(s), landscape plan(s), and lighting plan(s) are required to be submitted to the Village and shall be reviewed by the Village as set forth and required under the provisions of § 17.10(6), Site plan, landscape plan, and lighting plan review required in all zoning district; and § 17.38, site plan, § 17.39, Landscape plan, and § 17.40, Lighting plan, of the Village of Greendale Zoning Code. All single-family dwellings on lots (and their associated accessory structures) and two-family dwellings on lots (and their associated accessory structures) are hereby deemed exempt from the requirements of site plan, landscape plan, and lighting plan review.

[Added 12-21-2010 by Ord. No. 854]

17.13 R-1 Single-Family Detached Residence District.

Permitted uses.

Agriculture, except that the following shall not be permitted whether as a dominant or accessory use in the pursuit of agriculture:

Commercial dairies.

Commercial dog kennels for propagating, raising or boarding dogs.

Commercial mink, rabbit, fox, goat and other animals, propagating, raising or boarding of.

Commercial production of eggs, or hatching, raising, fattening, and/or butchering of chickens, turkeys, and other poultry or fowl on a commercial scale. Any poultry or fowl house or houses on any building site area used for such purpose having an aggregate floor area of 450 square feet or more shall be considered to be a commercial poultry or fowl house under this chapter.

Commercially operated greenhouses.

Farms for the raising, feeding and/or fattening of hogs for market on a wholesale or commercial basis.

Farms operated publicly or privately for the disposal of garbage, sewage, rubbish or offal.

Single-family detached dwellings.

Temporary buildings for construction purposes for a period not to exceed such construction.

Special uses. The following allowable special uses shall be permitted only in accordance with procedures, regulations and standards set forth in this chapter. When applicable, more restrictive federal, state, county or other Village regulations and standards and additional regulations and standards may be recommended by the Plan Commission and required by the Village Board. Development plans and specifications shall be submitted at the time of application for a special use permit, and such plans and specifications shall show, when applicable, utility installations; site and land improvements; location, architectural elevations and construction details of buildings and structures; locations of vehicular ingress and egress and traffic control facilities; and other improvements.

Art galleries or museums on a lot not less than two acres in area and historical buildings and other landmarks preserved for public inspection.

Bed-and-breakfast establishment per the standards included in Section 17.12(5).

[Added 7-17-2012 by Ord. No. 860[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection (2)(b) through (p) as Subsection (2)(c) through (q), respectively.

Cemeteries on a lot not less than 40 acres in area.

Churches, temples or synagogues on a lot not less than two acres in area.

Colleges or universities and accessory uses, including housing for students, faculty and others employed on the premises on a lot not less than 10 acres in area.

Convents, monasteries and seminaries on a lot not less than two acres in area.

Hospitals on a lot not less than five acres in area.

Growing of nursery, garden or farm crops in the open, provided that no livestock or poultry is kept and no offensive odors or dust is created and that retail sales of such nursery, garden and farm crops grown on the premises shall be permitted only on a lot two acres or more in area and when such sales are conducted only in the open or from a temporary building or structure which is removed at the end of the harvest season or nursery stock planting season.

Landfills, such as filling of holes, pits, quarries or lowlands with nonodorous or noncombustible material free from garbage or other refuse so as to elevate the land to grades established by the Village Board.

Outdoor recreation, private or public, on a lot not less than 10 acres in area, with one or more of the following uses: riding clubs, polo fields, horse shows, hunter trials and other equestrian sports; gun clubs, including skeet or trap shooting when located not less than 800 feet from any boundary line of the lot; conservation clubs; Girl Scout and Boy Scout lodges or clubhouses; private parks or playgrounds; archery ranges; and other outdoor recreation uses as approved by the Village Board; and accessory uses, buildings and structures, such as off-street parking and loading facilities and administration, maintenance and clubhouse buildings, provided that such accessory buildings are located at least 200 feet from any boundary line of the lot and open off-street parking and loading facilities are at locations on the lot as approved by the Village Board.

Boarding, elementary, junior high or high schools, on a lot not less than five acres in area.

Public utility and governmental service uses:

Electric distribution centers.

Fire stations.

Gas regulator stations.

Police stations.

Radio and television towers and antennas.

Transit and public transportation facilities, including passenger shelters and turning and parking areas.

Telephone exchange buildings, microwave relay towers and telephone transmission equipment buildings.

Water filtration plants, pumping stations and reservoirs, public or community.

Golf courses, standard or par three, semipublic or private, provided that a golf course being only par three hole occupy not less than 25 acres for each eighteen-hole course and that the clubhouse and other accessory buildings on standard or par three golf courses shall be located not less than 200 feet from any side lot line, and that such golf courses shall not include commercial miniature golf courses or golf driving ranges.

(n)

Public parks and playgrounds.

(o)

Elementary, junior high and high schools, nonboarding, as regulated in the A Agriculture District.

[Amended by Ord. No. 571]

(p)

Accessory uses to the above special uses, including but not limited to home occupations, off-street parking and off-street loading facilities and signs.

(q)

Accessory uses customarily incidental to the above allowable special uses, including but not limited to off-street parking and off-street loading.

Lot area. Except as may be otherwise required for a specific permitted or special use the minimum lot area shall be not less than 30,000 square feet.

Lot width. Except as may be otherwise required for a specific permitted or special use the minimum lot width shall be not less than 100 feet.

Floor area ratio.

Single-family detached dwellings: not applicable.

Nonresidential permitted uses and special uses: not more than 0.2.

Building height.

Single-family detached dwellings: not more than 27 feet or 2 1/2 stories, whichever is lower.

Nonresidential permitted uses and special uses: not more than 40 feet.

Ground floor area per dwelling.

One-story dwelling without basement or cellar: not less than 2,000 square feet.

One-story dwelling with basement or cellar: not less than 1,700 square feet.

Dwellings having more than one story: not less than 1,100 square feet with a total square footage not less than 2,000 square feet.

Front yard. Not less than 40 feet in depth.

Side yards.

Two side yards having a combined width of not less than 25 feet, with neither side yard less than 10 feet in width.

Nonresidential uses: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width. For buildings more than 27 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 27 feet.

A side yard abutting a street: not less than 40 feet in width. If a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 30 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 30 feet.

Rear yard. Not less than 50 feet in depth.

Off-street parking and off-street loading. In accordance with applicable regulations set forth in § 17.06.

[Added 12-21-2010 by Ord. No. 854]

17.13A R-1A Single-Family Detached Residence District.

[Added by Ord. No. 695]

Permitted uses. As permitted in the R-1 District.

Special uses. As permitted in the R-1 District.

Lot area. Except as may be otherwise required for a specific permitted or special use the minimum lot area shall not be less than 20,000 square feet.

Lot width. Except as may be otherwise required for a specific permitted or special use the minimum lot width shall be not less than 100 feet.

Floor area ratio.

Single-family detached dwellings: not applicable.

Nonresidential permitted uses and special uses: not more than 0.2.

Building height.

Single-family detached dwellings: not more than 27 feet or 2 1/2 stories, whichever is lower.

Nonresidential permitted uses and special uses: not more than 40 feet.

Ground floor area per dwelling.

One-story dwellings without basement or cellar: not less than 2,000 square feet.

One-story dwellings with basement or cellar: not less than 1,700 square feet.

Dwellings having more than one story: not less than 1,100 square feet with a total square footage not less than 2,000 square feet.

Front yard. Not less than 35 feet in depth.

Side yards.

Two side yards having a combined width of not less than 25 feet, with neither side yard less than 10 feet in width.

A side yard abutting a street: not less than 40 feet. If a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 30 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 30 feet.

Rear yard. Not less than 40 feet in depth.

Off-street parking and off-street loading. In accordance with applicable regulations set forth in § 17.06.

[Added 12-21-2010 by Ord. No. 854]

17.14 R-2 Single-Family Detached Residence District.

Permitted uses. As permitted in the R-1 District.

Special uses. As permitted in the R-1 District.

Lot area. Except as may be otherwise required for a specific permitted or special use the minimum lot area shall not be less than 10,800 square feet.

Lot width. Except as may be otherwise required for a specific permitted or special use the minimum lot width shall be not less than 90 feet.

Floor area ratio.

Single-family detached dwellings: not applicable.

Nonresidential permitted uses and special uses: not more than 0.3.

Building height.

Single-family detached dwellings: not more than a mean height of 27 feet or 2 1/2 stories, whichever is lower, excluding single-family residential lots created by subdivision plat or certified survey map after January 1, 2004, and single-family residential lots contiguous thereto. Single-family residential lots created by subdivision plat or certified survey map after January 1, 2004, and single-family residential lots contiguous thereto shall have a mean height not more than 30 feet with a maximum overall height to the peak of the roof of 36 feet and not exceeding three stories.

[Amended 6-7-2005 by Ord. No. 816]

Nonresidential uses: not more than 40 feet.

Ground floor area per dwelling.

One-story dwellings without basement or cellar: not less than 1,800 square feet.

One-story dwellings with basement or cellar: not less than 1,500 square feet.

Dwellings having more than one story: not less than 1,000 square feet with a total square footage not less than 1,800 square feet.

Front yard. Not less than 25 feet in depth.

Side yards.

Two side yards, neither of which is less than 10 feet in width.

A side yard abutting a street: not less than 30 feet. If a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 26 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 26 feet.

Rear yard. Not less than 30 feet in depth.

Off-street parking and off-street loading. In accordance with applicable regulations set forth in § 17.06.

[Added 12-21-2010 by Ord. No. 854]

17.15 R-3 Single-Family Detached Residence District.

Permitted uses. As permitted in the R-1 District.

Special uses. As allowed in the R-1 District, except churches, temples or synagogues may be on a lot not less than 20,000 square feet in area.

Lot area. Except as may be otherwise required for a specific permitted or special use the minimum area shall be not less than 8,400 square feet.

Lot width. Except as may be otherwise required for a specific permitted or special use the minimum lot width shall be not less than 70 feet.

Floor area ratio.

Single-family detached dwellings: not applicable.

Nonresidential uses: not more than 0.4.

Building height.

Single-family detached dwellings: not more than 27 feet or 2 1/2 stories, whichever is lower.

Nonresidential uses: not more than 40 feet.

Ground floor area per dwelling.

One-story dwellings without basement or cellar: not less than 1,600 square feet.

One-story dwellings with basement or cellar: not less than 1,300 square feet.

Dwellings having more than one story: not less than 900 square feet with a total square footage not less than 1,600 square feet.

Front yard. Not less than 25 feet in depth.

Side yards.

Two side yards, neither of which is less than 10 feet in width.

A side yard abutting a street: not less than 20 feet wide. A side yard abutting a street of a reversed corner lot shall be not less than 25 feet in width, and if any corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 22 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 22 feet.

Rear yard. Not less than 30 feet in depth.

Off-street parking and off-street loading. In accordance with applicable regulations set forth in § 17.06.

[Added 12-21-2010 by Ord. No. 854]

17.16 R-4 Single-Family Detached and Semidetached Residence District.

Permitted uses.

As permitted in the R-1 District.

Libraries.

Single-family semidetached dwellings.

Two-family detached dwellings.

Art galleries or museums, on a lot not less than 100 feet in width and 15,000 square feet in area, and historical buildings or other landmarks preserved for public inspection.

Churches, temples or synagogues on a lot not less than 20,000 square feet in area.

Convents, monasteries and seminaries on a lot not less than 100 feet in width and 15,000 square feet in area.

Clubs, lodges and fraternities other than college on a lot not less than 100 feet in width and 15,000 square feet in area, provided that operations are conducted entirely within enclosed buildings and where the principal activity is not customarily carried on as a business.

Colleges or universities and accessory uses thereto on a lot not less than 10 acres in area.

Hospitals on a lot not less than two acres in area.

Institutions for the care of the aged and for children on a lot not less than 100 feet in width and 15,000 square feet in area.

Nursing homes on a lot not less than 100 feet in width and 15,000 square feet in area.

Parks and playgrounds which are private and not-for-profit, on a lot not less than one acre in area.

Boarding, nursery, elementary, junior high or high schools on a lot not less than one acre in area.

Public utility and governmental service uses, including:

Electric distribution centers.

Fire stations.

Gas regulator stations.

Police stations.

Radio and television towers and antennas.

Transit and public transportation facilities, including passenger shelters and turning and parking areas.

Telephone exchanges, microwave relay towers and telephone transmission equipment buildings.

Water filtration plants, pumping stations and reservoirs, public.

Fraternity houses, sorority houses or dormitories, college.

Lodging houses.

(n)

Accessory uses to the above allowable special uses, including but not limited to off-street parking and off-street loading.

(o)

Construction, expansion or major exterior alteration of accessory or principal buildings or structures within the Greendale Center. All construction, including exterior surface materials, shall complement the present architecture of the existing building or structure.

(p)

Conversions to condominiums subject to approval of the Village Board.

Lot area.

Single-family detached dwellings: not less than 8,400 square feet.

Single-family semidetached dwellings and two-family detached dwellings: not less than 9,600 square feet.

Lot width.

Single-family detached dwellings: not less than 70 feet.

Single-family semidetached and two-family detached dwellings: not less than 80 feet.

Floor area ratio.

Residential uses.

Single-family: not more than 0.45.

[Amended by Ord. No. 629]

Duplexes.

With basement: not more than 0.5.

Without basement: not more than 0.35.

Nonresidential uses: not more than 0.6.

Building height.

Dwellings: not more than 24 feet or two stories, whichever is lower.

Nonresidential uses: not more than 40 feet.

Ground floor area per dwelling unit.

Single-family detached dwellings.

One-story dwellings without basement or cellar: not less than 1,400 square feet.

One-story dwellings with basement or cellar: not less than 1,100 square feet.

Dwellings having more than one story: not less than 700 square feet with a total square footage not less than 1,400 square feet.

Single-family semidetached dwellings.

One-story dwellings without basement or cellar: not less than 900 square feet with an additional 150 square feet for each bedroom in excess of one.

One-story dwellings with basement or cellar: not less than 950 square feet with an additional 150 square feet for each bedroom in excess of one.

Two-story dwellings: not less than 500 square feet with a total square footage not less than 800 square feet with an additional 150 square feet of total square footage for each bedroom in excess of one.

Two-family detached dwellings:

Not less than 950 square feet with an additional 150 square feet of ground floor area for each bedroom in excess of one.

While no ground floor area is required for the upper level, the same square foot area shall apply.

Front yards. Not less than 25 feet in depth, except that in such portions of the Plat of Greendale Center, Blocks 1 through 60, comprising the areas originally developed by the Resettlement Administration with single- or two-family dwellings or as shown on the plat of Greendale Center, the front yard shall not be less than presently exists.

Side yards.

Two side yards having a combined width of not less than 18 feet, with neither side yard less than nine feet wide.

Nonresidential uses: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width, except that for buildings more than 24 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 24 feet.

A side yard abutting a street: not less than 20 feet, except that if such a corner lot of record on the effective date of this chapter has insufficient width to provide such yard and still maintain a buildable width of 22 feet for a single-family detached dwelling or 32 feet for a building containing only single-family semidetached dwellings, excluding the yard along the interior side lot line, then the side yard abutting a street may be reduced in width by the distance necessary to maintain such buildable widths.

Rear yard. Not less than 30 feet in depth.

Off-street parking and off-street loading. In accordance with applicable regulations herein set forth in § 17.06.

[Added 12-21-2010 by Ord. No. 854]

17.17 R-5 General Residence District.

Permitted uses. No permitted uses shall be allowed.

Special uses.

As allowed in the R-4 District.

Apartment hotels.

Parking areas, open, public or accessory to a private or semipublic principal use and when on a lot contiguous to or across the alley from a lot in a business district and when improved in accordance with standards herein set forth in § 17.06.

Philanthropic and eleemosynary institutions, but not including businesses sponsored by such institutions, except such as are customarily accessory thereto and when conducted only in the principal building.

Multiple-family dwellings.

Single-family detached dwellings.

Schools, nursery, nonboarding.

Single-family semidetached and two-family detached dwellings.

Conversions to condominiums subject to approval of the Village Board.

Proposed developments, changes of use within existing developments and expansions to existing developments on properties which the Village Board considers significant enough to warrant review under the special use provisions of this chapter in order to protect the public interest. The properties subject to this requirement are identified as Tax Key Numbers 648-0016-008, 648-0042, 651-9986, 651-9998-012 through -014, 652-9998, 695-0137 through -0178, 710-0015 through -0029 and 710-0085 through -0092 and are designated on the Zoning Map with the "S.U." symbol.

[Added by Ord. No. 590]

Lot area and lot width.

Type of Dwelling		Minimum Lot Area Per Dwelling Unit (square feet)	Minimum Lot Width Per Dwelling Unit (linear feet)
(a)	Single-family semidetached	4,200	37 1/2
(b)	Two-family detached Multiple-family	4,200	35
(c)	Efficiency	2,500	Not applicable
	1 bedroom	2,500	Not applicable
	2 bedroom	4,000	Not applicable
	3 bedroom	5,000	Not applicable
	4 bedroom	5,000	Not applicable

Note: Any lot used for multiple-family purposes shall contain at least 8,400 square feet of lot area and 70 feet of lot width.

Ground floor area and area per multiple-family unit.

One-story dwellings without basement or cellar: not less than 1,100 square feet.

One-story dwellings with basement or cellar: not less than 1,000 square feet.

Dwellings having more than one story: not less than 650 square feet.

Although ground floor area cannot be applied to multiple-family units in all instances, multiple-family units shall contain the following minimum floor areas within each unit as measured between the interior faces of the walls for each unit:

	Type of Unit	Minimum Floor Area (square feet)
	Efficiency	500
	1 bedroom	650
	2 bedroom	800
	3 bedroom	950
	4 bedroom	1,150

Floor area ratio, all permitted uses and special uses.

Single-family detached dwellings: not more than 0.4.

All other uses: not more than 0.5.

Building height. All types of dwellings, except multiple-family dwellings: not more than 24 feet or two stories, whichever is lower.

Front yard. Not less than 25 feet in depth, except that in such portions of the plat of Greendale Center, Blocks 1 through 60, comprising the areas originally developed by the Resettlement Administration with single- or two-family dwellings or as shown on the Plat of Greendale Center the front yard shall not be less than presently exists.

Side yards.

Single-family detached dwelling, single-family semidetached dwelling or two-family detached dwelling: two side yards neither of which is less than nine feet in width.

Multiple-family dwellings and nonresidential uses.

Three stories or less in height: two side yards having a combined width of 25 feet with neither side yard less than 10 feet.

Over three stories in height: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width. For buildings more than 30 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 30 feet.

Multiple-family dwellings within a planned apartment project: not less than 25 feet. The Village Board may require a greater side yard where terrain characteristics, height of proposed apartment buildings, location of adjacent residences and other factors justify an increase to protect affected properties.

A side yard abutting a street: not less than 25 feet wide, except that if such a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 22 feet for single-family detached and two-family detached dwellings and 32 feet for a building containing only two single-family semidetached dwellings, excluding the yard along the interior lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable widths.

Rear yard. Not less than 25 feet in depth.

Spacing between buildings. When two or more buildings which contain single-family attached dwellings or two or more multiple-family dwelling buildings or combinations thereof are on a lot or on contiguous lots comprising a unified development under the same ownership control, the distance between the building walls shall be as follows:

When the front wall of a building faces the front wall or rear wall of the nearest building, the distance between the two building walls shall be not less than 50 feet.

When the rear wall of a building faces the rear wall of the nearest building, the distance between the two building walls shall be not less than 40 feet.

When the side wall of a building faces the front or rear wall of the nearest building, the distance between the two building walls shall be not less than 30 feet, except that when the side wall contains more than four windows on a floor, two of which are from bathrooms or storage rooms, such distance between buildings shall be not less than 40 feet or 50 feet if the main entrance doorway is in such side wall.

When the side wall containing not more than four windows on a floor, two of which are from bathroom or storage rooms, faces such side wall of the nearest building, the distance between the two building walls shall be not less than 18 feet. When the facing side walls of either of such buildings contain more than four such window openings on a floor, the distance between walls shall be not less than 40 feet, except that when such side wall contains a main entrance doorway such distance shall be not less than 50 feet.

A wall of a detached building forming the end of a court shall be not less than 10 feet from the nearest wall of a building forming the sides of the court, and a building forming the end of the court may be attached to one or both of the buildings forming the sides of the court, provided that the distance between facing walls of the buildings forming the sides of the court is not less than the applicable requirements as set forth above.

When any wall or part thereof which contains no windows or doorways faces such a wall or part thereof of the nearest building, the distance between such two building walls may be not less than 10 feet.

Off-street parking and off-street loading. In accordance with applicable regulations set forth in § 17.06.