Village of Greendale, WI
Milwaukee County
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Table of Contents
Table of Contents
The Zoning Administrator of the Village shall enforce this chapter and shall:
(1) 
Determine conformance of applications for zoning certificates with use, lot and bulk requirements and other applicable regulations of this chapter.
(2) 
Issue all zoning certificates and make and maintain records thereof.
(3) 
Issue all certificates of occupancy and make and maintain records thereof.
(4) 
Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter.
(5) 
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments and special uses, variations, appeals and applications therefor and designate on the Zoning District Map each amendment and special use.
(6) 
Provide and maintain a public information bureau relative to all matters arising out of this chapter.
(7) 
Receive, file and forward to the Zoning Board of Appeals all applications for appeals, variations or other matters on which the Zoning Board of Appeals is required to pass under this chapter.
(8) 
Forward to the Village Clerk-Treasurer all applications for special uses, amendments and other matters which are to be referred to the Plan Commission.
(9) 
Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of his recommendations to the Plan Commission not less frequently than once a year.
(10) 
Upon prior approval of the Village Board, issue permits regulating the erection and use of tents for specific periods of time for purposes such as temporary carnivals, churches, voluntary organizations such as Boy Scouts and Girl Scouts, eleemosynary uses or revival meetings and when the use of tents is not detrimental to the public health, safety, morals, comfort, convenience or general welfare of the Village. Such tents or operations shall be in conformance with all other ordinances and codes of the Village.
(11) 
Record the lowest floor elevations of all structures erected, moved, altered or improved in any floodland district.
[Added by Ord. No. 561]
(1) 
Except as herein provided, no permit pertaining to the use of land or permit as required by the Building Code shall be issued by any officer, department or employee of the Village unless the application for such permit has been examined by the Zoning Administrator and affixed to it is a certification of the Zoning Administrator indicating that the proposed use of land, building or structure complies with all the provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
(2) 
If such an application has affixed to it the certification of a professional engineer licensed by the state certifying that the building or structure and the proposed use thereof comply with all of the provisions of this chapter respecting performance standards for manufacturing and similar uses, the Zoning Administrator shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided that all other relevant provisions of this chapter are complied with. Such certificate shall be valid for all purposes. However, within 15 days after the date of such approval, the Zoning Administrator shall examine the application and advise the professional engineer in writing if the building, structure or use thereof does not in fact comply with the performance standards. Failure of the professional engineer to show compliance within 30 days of such notification shall be cause for revocation of the zoning certificate.
(3) 
Each application for a permit for the use of land or erection of a building or structure shall be accompanied by a drawing or plat in duplicate showing the lot, the location of the building on the lot, accurate dimensions of the building and lot, and such other information as may be necessary to provide for the enforcement of these regulations. This plat shall be prepared after the lot has been staked by a competent surveyor and the plat shall show the date of staking and the name of the engineer or surveyor. A careful record of the original copy of such application and plats shall be kept in the office of the Zoning Administrator and the duplicate copy shall be kept at the building at all times during construction.
No building hereafter erected or structurally altered shall be occupied or used, and except for the pursuit of agriculture no vacant land shall hereafter be occupied or used, nor shall there be a change of character of an existing use of land, until a certificate of occupancy shall have been issued by the Zoning Administrator.
(1) 
Certificate of occupancy for a building. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and such certificate shall be issued within three days after the request for the same shall have been made in writing to the Zoning Administrator after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as altering the respective rights, duties or obligations of the owners or of the Village relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as shall adequately ensure the safety of the occupants.
(2) 
Certificate of occupancy for land.
(a) 
A certificate of occupancy for the use of land or the change in the character of an existing use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided that such use is in conformity with the provisions of these regulations.
(b) 
The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
(1) 
Creation. The Zoning Board of Appeals under this chapter is the Zoning Board of Appeals which has been duly created by Chapter 1, § 1.32 of this Code.
(2) 
Jurisdiction.
(a) 
The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter; hear and decide special exceptions to the terms of this chapter upon which such Board is required to pass under this chapter; and authorize upon appeal in specific cases such variance from the terms of this chapter as shall not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter shall result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The Zoning Board of Appeals shall not have jurisdiction to grant a special use under § 17.36, such authority being vested in the Village Board pursuant to § 62.23(7)(e), Wis. Stats.
(b) 
The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the above standards to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purposes and intent of this chapter.
(1) 
Creation. The Plan Commission referred to in this chapter is the Plan Commission created in Chapter 1, § 1.31 of this Code.
(2) 
Jurisdiction. The Plan Commission shall submit reports and recommendations to the Village Board on all applications for amendments to the Zoning District Map or regulations of this chapter and all applications for special uses that have been referred to the Plan Commission by the Village Board, except those concerned with a public utility installation.
(3) 
Procedures. Procedures on matters upon which the Plan Commission has jurisdiction under this chapter shall be in accordance with § 62.23(7)(d), Wis. Stats.
(1) 
Authority. For the purpose of promoting the public health, safety, morals, comfort, prosperity and general welfare throughout the Village and lessening or avoiding congestion in the public streets and highways, the Village Board may, from time to time, in the manner set forth in applicable Wisconsin Statutes, amend the regulations imposed in the districts created by this chapter, provided that due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire Village and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
(2) 
Initiation. Amendments may be proposed by the Village Board, the Plan Commission, the Zoning Board of Appeals, or any property owner or interested person or organization.
(3) 
Procedures and decisions. Applications for amendments shall be processed and decided in accordance with § 62.23(7)(d), Wis. Stats. The report of the Plan Commission submitted to the Village Board shall set forth the following:
(a) 
Existing uses of property within the general area of the property in question.
(b) 
The zoning classification of property within the general area of the property in question.
(c) 
The suitability of the property in question to the uses permitted under the existing zoning classification.
(d) 
The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification and conformance with the Official Zoning Map.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
(1) 
Purpose. The development and execution of this chapter is based upon the division of the Village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which because of their unique characteristics cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use of the particular location. Such special uses fall into two categories:
(a) 
Uses publicly operated or traditionally affected with a public interest.
(b) 
Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(2) 
Initiation. Any person having a freehold interest in land or a possessory interest entitled to exclusive possession or a contractual interest which may become a freehold interest or an exclusive possessory interest and which is specifically enforceable may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.
(3) 
Procedures and decisions. Application for a special use shall be processed and decided in accordance with § 62.23(7)(d), Wis. Stats. The application shall be submitted to the Plan Commission for its review and recommendation. The following criteria shall be utilized by the Village Board in the issuance of a special permit:
(a) 
The establishment, maintenance or operation of the special use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(b) 
The special use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood.
(c) 
The establishment of the special use shall not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(d) 
Adequate utilities, access roads, drainage or other necessary site improvements have been or are being provided.
(e) 
Adequate measures have been or shall be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(f) 
In allowing a special use, the Village Board may waive the bulk requirements in any district, except that with respect to construction of permitted uses and expansion or major alteration of existing lawful uses and conforming buildings or structures within the Greendale Center, the Village Board may not waive the requirements as to floor area ratio contained in that district.
(g) 
The Village Board may require an increase in any of the provisions of the zoning district involved to provide the protection desired in Subsection (3)(a) through (e) above.
(4) 
Termination of special use.
[Amended by Ord. No. 571]
(a) 
The Village Board may terminate a special use after public hearing if any of the following determinations are made:
1. 
The special use has not continued in conformity with the conditions imposed in the approval or any amendments thereto.
2. 
A change in the character of the surrounding area or in the special use itself causes such use to be no longer compatible with surrounding uses.
3. 
The special use has been discontinued for a period of 12 consecutive months.
(b) 
Should a special use be terminated by the Village Board, the owners of the premises shall satisfy all of the Village Board's requirements within the time period designated by the Board.
(c) 
Unless otherwise provided in the development agreement, a special use approval shall expire one year after the Village Board has granted approval if no substantial work has been performed based on the approval. The Village Board may extend the special use approval if adequate supporting information is submitted by the developer to justify an extension. If an extension is not granted or not requested, the special use approval shall terminate and a renewal processed as an original special use request.
[Added 7-23-1999 by Ord. No. 768]
(1) 
Applications for a temporary use. Application for a temporary use shall be made to the Zoning Administrator. The Zoning Administrator shall then transmit the application for a temporary use to the Village Board for its referral of the application to the Plan Commission. The Plan Commission shall then review the application and make a recommendation to the Village Board concerning the intended temporary use. The Zoning Administrator may require some or all of the following information to be included with an application for a temporary use.
(a) 
Name and address. The name, address, and phone number of the applicant or agent to be contacted with regard to the application.
(b) 
Description of the property. Description of the property by:
1. 
Lot, block, and recorded subdivision or by metes and bounds.
2. 
Address of the subject site.
3. 
The zoning district within which the subject site lies.
4. 
Type of structure.
5. 
Type of use proposed.
6. 
A word description of the existing and proposed operation and use of the structure or site, including any storage needs.
7. 
Proposed hours of operation.
8. 
Number of employees.
9. 
Proposed temporary signage.
10. 
A site plan (drawn to scale and dimensioned) indicating the type, size, and location of all existing structures, existing site features (including off-street parking and drives), location and extent of the proposed temporary use(s), and signs (type, location, size, and height).
11. 
For nonresidential and multiple-family residential uses, any other information pertinent to an adequate understanding of the intended use.
12. 
Any other information deemed appropriate by the Village Board, Plan Commission, Village Manager, Zoning Administrator, or Village Planner.
(2) 
Village staff review of application. After the Village Board refers the application for the temporary use to the Plan Commission for recommendation, the Zoning Administrator shall refer the application and related data to appropriate Village departments for their study and/or comment prior to the Plan Commission and Village Board meetings.
(3) 
General standards for temporary uses. No certificate of occupancy for a temporary use shall be issued by the Zoning Administrator pursuant to this chapter unless the following standards are met:
(a) 
Purposes and intent. The proposed use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established.
(b) 
Adverse impact. The proposed use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.
(c) 
Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property according to the applicable zoning district regulations.
(d) 
Adequate facilities. The proposed use will be served adequately by streets, off-street or on-street parking, police and fire protection, refuse disposal, and other public facilities or the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site.
(e) 
Traffic congestion. The proposed use will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
(f) 
Destruction of significant features. The proposed temporary use will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(g) 
Compliance with standards. The temporary use shall, in all other respects, conform to the applicable dimensional regulations of the district in which it is located. The proposed use shall comply with all additional standards imposed on it by the particular provision of this chapter.
(h) 
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Village Health Department, and/or Zoning Administrator.
(4) 
Detailed standards for specific temporary uses. The following are specific temporary uses with specific standards which shall apply:
(a) 
Amusement parks (temporary). Temporary amusement parks (defined as a temporary facility which operates and maintains at a temporary location carnival-type amusements such as rides, skill games, and food dispensing facilities, and shall not include gambling devices, chance games, or other activities in violation of the Village of Greendale Code) may be allowed in all nonresidential zoning districts. The following specific standards shall be used:
1. 
Trash and debris. All trash and debris shall be removed or contained daily.
2. 
Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.
3. 
Signage. All signage shall be according to the Village of Greendale sign regulations.
4. 
Setup of materials and equipment. All materials and equipment shall be set up no longer than five days in advance of the opening of the operation.
5. 
Removal of materials and equipment. All materials and equipment shall be removed within two days of the end of the operation.
6. 
Hours of operation. The hours of operation shall be determined by the Village Board.
7. 
Inspection of rides. No ride shall be placed in operation for public use until the same has been inspected for mechanical, structural, electrical and other hazards by the Zoning Administrator and Fire Chief and such other officers or employees of the Village of Greendale having jurisdiction. Adequate safeguards shall be placed to protect both operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches and other potential hazards. All rides shall comply with the appropriate provisions of the Wisconsin Administrative Code regulating the same.
8. 
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
9. 
Trailers and mobile homes. Trailers and mobile homes used by the operators of amusement parks and their employees may be permitted on the amusement park site only upon approval of the Village Board.
10. 
Sound. All sound emitted from sound amplification systems used at carnival or exhibition sites shall be at reasonable levels and contained within the carnival or exhibition area.
11. 
Certificate(s) of insurance required. No amusement park use shall be permitted until the applicant therefor has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such amusement park. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.
12. 
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Fire Department, and/or Zoning Administrator.
(b) 
Outdoor dining accessory to a restaurant or other food-serving business. The following specific standards shall be used for outdoor dining as a temporary use accessory to a restaurant or other food-serving business:
1. 
Integral part of restaurant or other food service establishment. The outdoor dining area shall be managed, operated, and maintained as an integral part of the adjoining restaurant or other food-serving business.
2. 
Noise and lighting impacts on residential areas. The outdoor dining area shall be designed to avoid noise or lighting impacts on residential areas.
3. 
Hours of operation of the outdoor dining area. The hours of operation of the outdoor dining area shall be set by the Village Board.
4. 
No cooking or food preparation outdoors. There shall be no cooking or food preparation outside of a building.
5. 
Off-street parking requirements to be met. All off-street parking requirements of this chapter shall be met.
6. 
Maintenance. All outdoor dining areas shall be maintained in a clean and safe manner and kept free from refuse and debris.
7. 
No outdoor storage permitted. There shall be no outdoor storage permitted in conjunction with an outdoor dining area.
8. 
No additional signage permitted. There shall be no additional outdoor signage permitted in conjunction with an outdoor dining area.
9. 
No interference with pedestrian or vehicular traffic. The operation of the business shall not interfere with the pedestrian or vehicular circulation on any adjoining public streets, alleys, or sidewalks.
10. 
Liquor sales and consumption. The outdoor area used for liquor sales and consumption shall be established by the Village Board and shall be located within a contained and controlled on-site area.
11. 
Size limitation. The outdoor dining area shall be considered an accessory use to the principal use of the property.
12. 
Serving of food outdoors subject to Village Health Department and Zoning Administrator review. The serving of food outdoors is subject to Village Health Department and Zoning Administrator review for conformance with all applicable codes and regulations.
13. 
Not on public property. The outdoor dining area shall not be placed upon public property.
14. 
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
15. 
Certificate(s) of insurance required. No outdoor dining use shall be permitted until the applicant therefor has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such outdoor dining use. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.
16. 
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Village Health Department and/or Zoning Administrator.
(c) 
Seasonal outdoor display. Temporary seasonal outdoor display uses (not including sales) may be permitted in the B-4 General Business District only. Temporary seasonal outdoor display uses shall not include any items which are manufactured and shall be limited to organic materials having a seasonal theme or orientation. Temporary seasonal outdoor display uses shall not be permitted in any other zoning district. Said temporary seasonal outdoor display uses do not include special community events regulated under Subsection (4)(d) of this section. Where temporary seasonal outdoor display uses may be permitted as a temporary use in the B-4 General Business District, the following specific standards shall be used:
1. 
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Milwaukee County and/or the Village of Greendale.
2. 
Display prohibited on public land and public rights-of-way. No seasonal outdoor display uses shall be located on Village-owned land or public rights-of-way.
3. 
Location. The use shall be restricted to a clearly defined area on the property as approved by the Village Board.
4. 
No seasonal outdoor display uses permitted not accessory to enclosed building. No seasonal outdoor display uses shall be permitted which are not accessory to a permanent enclosed use.
5. 
Considered as an accessory use. The seasonal outdoor display use shall be considered an accessory use to the principal use of the property.
6. 
Hazardous and chemical materials. No hazardous and chemical materials that include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and chemicals (including fertilizers) shall be located outdoors.
7. 
Visibility. The location of seasonal outdoor display uses on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard or obscure the public view of a neighboring business.
8. 
Trash and debris. All trash and debris shall be removed or contained daily.
9. 
Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.
10. 
Signage. All signage shall be according to the sign regulations set forth in the Village sign regulations. The following signs are hereby prohibited:
a. 
Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes all flags (except that of the United States of America, State of Wisconsin, and Village of Greendale), pennants, whirling objects, banners, or other entities attached to strings or lines.
b. 
Inflatable advertising devices or signs.
c. 
Changeable copy and portable trailer signs, either fixed or moveable.
d. 
Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village Board).
e. 
Statues and stuffed animals.
f. 
A sign on a motor vehicle or trailer parked on public or private property so as to be seen from the public right-of-way for more than three consecutive hours which has attached thereto or located thereon any sign for the purpose of advertising a product or directing people to a business activity.
11. 
Removal of materials. All materials shall be removed within 24 hours of the end of the operation.
12. 
Limitation on use of drives or required off-street parking spaces. No temporary seasonal outdoor display area shall occupy any drive and/or off-street parking space which is required by this chapter for the principal use of the property.
13. 
Blocking of ingress/egress routes prohibited. No temporary seasonal outdoor display area shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).
14. 
Setbacks. No temporary seasonal outdoor display area may directly abut any residential zoning district.
15. 
Securing of display items during hours of nonoperation. All items displayed may be required to be moved to an indoor secured location during hours of nonoperation.
[Amended 4-17-2001 by Ord. No. 779]
16. 
Fire hazards. All temporary sales areas shall be maintained in such a manner so as to eliminate insofar as possible any fire hazard.
17. 
Duration. No business shall be issued more than three certificates of occupancy for a temporary seasonal outdoor display within any one calendar year. The duration of one or both of the requests for the certificate of occupancy for the temporary seasonal outdoor display(s) shall not exceed a total of 120 days within any calendar year.
[Amended 4-17-2001 by Ord. No. 779]
18. 
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
19. 
Certificate(s) of insurance required. No seasonal outdoor display use shall be permitted until the applicant therefor has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such seasonal outdoor display use. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.
20. 
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, and/or Zoning Administrator.
(d) 
Special community events. Special community events (such as the Green Market, 4th of July celebrations, Villages Days, sidewalk sales in the B-4 District only, newspaper/aluminum can recycling drives, and public gazebo entertainment) shall be subject to the approval of the Village Board. Where special community event uses may be permitted as a temporary use, the following specific standards shall be used as the Village Board deems applicable:
1. 
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Milwaukee County, and/or the Village of Greendale.
2. 
Location. The use shall be restricted to a clearly defined area as approved by the Village Board. Material for sale shall not be displayed, stored, sold, or located in any public street right-of-way. All materials for sale shall be stored and displayed in such a manner that they shall not fall upon a public sidewalk or public street. No Christmas trees shall be stored or displayed inside any building or within 15 feet of any building, gasoline pump, or motor vehicle.
3. 
Considered as an accessory use. The temporary use shall be considered an accessory use to the principal use of the property.
4. 
Hazardous and chemical materials. No hazardous and chemical materials that include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and chemicals (including fertilizers) shall be located outdoors.
5. 
Visibility. The location of the use on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard or obscure the public view of a neighboring business.
6. 
Trash and debris. All trash and debris shall be removed or contained daily.
7. 
Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.
8. 
Signage. All signage shall be according to the Village of Greendale sign regulations and shall be approved by the Village Board. The following signs are hereby prohibited:
a. 
Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes all flags (except that of the United States of America, State of Wisconsin, and Village of Greendale), pennants, whirling objects, banners, or other entities attached to strings or lines.
b. 
Inflatable advertising devices or signs.
c. 
Changeable copy and portable trailer signs, either fixed or moveable.
d. 
Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village Board).
e. 
Statues and stuffed animals.
f. 
A sign on a motor vehicle or trailer parked on public or private property so as to be seen from the public right-of-way which has attached thereto or located thereon any sign for the purpose of advertising a product or directing people to a business activity.
9. 
Removal of materials. All materials shall be removed within 24 hours of the end of the operation.
10. 
Blocking of ingress/egress routes prohibited. No such temporary use shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).
11. 
Securing of sale items during hours of nonoperation. All items for sale shall be moved to an indoor secured location during hours of nonoperation.
12. 
Duration. The duration of the certificate of occupancy for a temporary use shall be determined by the Village Board.
13. 
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
14. 
Certificate(s) of insurance required. The Village Board may require the applicant therefor to place on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such special community event. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.
15. 
Hours of operation. Hours of operation are to be established by the Village Board.
16. 
Fire hazards. All temporary sales areas shall be maintained in such a manner so as to eliminate insofar as possible any fire hazard.
17. 
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Police Chief, Fire Chief, Health Department, and/or Zoning Administrator.
(5) 
Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Plan Commission and Village Board shall consider the following:
(a) 
Public benefit. Whether and to what extent the proposed temporary use at the particular location requested is necessary or desirable to provide a service that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(b) 
Alternative locations. Whether and to what extent such public benefit goals can be met by the location of the proposed temporary use at another site or in another area that may be more appropriate than the proposed site.
(c) 
Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use on the immediate vicinity through site design and screening.
(6) 
Conditions on certificate of occupancy for a temporary use. The Village Board may impose upon the premises benefited such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or county requirements) and other matters relating to the purposes and objectives of this chapter. The conditions and/or limitations imposed shall be as the Village Board deems may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property or upon such public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the certificate of occupancy for a temporary use. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the certificate of occupancy for a temporary use.
(7) 
Effect of issuance of a certificate of occupancy for a temporary use. The granting of a certificate of occupancy for a temporary use shall not authorize the establishment or extension of any such use as a permanent 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 of the Village of Greendale, including but not limited to building permit, zoning certificate, certificate of occupancy, land division approval, site plan approval, or other type of permit or approval. The granting of a certificate of occupancy for a temporary use shall not be deemed as precedent setting.
(8) 
Limitations on certificate of occupancy for a temporary use.
(a) 
Time limitations. Subject to an extension of time granted by the Village Board.
(b) 
Temporary use discontinuance. A certificate of occupancy for a temporary use shall be deemed to authorize only the particular temporary use for which it was issued. Such certificate of occupancy for a temporary use shall automatically expire and cease to be of any force or effect if such use shall be discontinued.
(9) 
Amendments to certificate of occupancy for a temporary use. A certificate of occupancy for a temporary use may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for the original approval of a temporary use.
(10) 
Review of certificate of occupancy for a temporary use. An existing certificate of occupancy for a temporary use may be reviewed by the Village as follows:
(a) 
The Zoning Administrator may review and revoke a certificate of occupancy for a temporary use if any of the following determinations are made by the Zoning Administrator:
1. 
The temporary use has not continued in conformity with the Village's conditions of approval of the certificate of occupancy for a temporary use or with any subsequent amendments to the certificate of occupancy for a temporary use.
2. 
Violations of other statutes, ordinances, or laws.
3. 
A change in the character of the surrounding area or in the temporary use itself which has caused the temporary use to become incompatible with the surrounding uses.
(b) 
The determination of a review for revocation of a granted certificate of occupancy for a temporary use shall be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the certificate of occupancy for a temporary use as to the reason(s) for the review.
(c) 
Upon review for revocation of the certificate of occupancy for a temporary use, the Zoning Administrator may take no action, revise the certificate of occupancy for a temporary use, specify additional conditions to be added to the certificate of occupancy for a temporary use, or may terminate the certificate of occupancy for a temporary use.
[Added 7-17-2001 by Ord. No. 781]
(1) 
Statement of purpose and intent. The purpose of this section is to provide standards and criteria for the placement, construction, and maintenance of wireless communications towers, antennas, and associated accessory structures and facilities special uses in the Village of Greendale. The intent of this section is to:
(a) 
Strike a balance between the interests of the wireless communication service providers, the consumers of those services, and the Village of Greendale.
(b) 
Restrict the location of towers, antennas, and associated accessory structures and facilities to nonresidential areas and minimize the total number of towers throughout the Village of Greendale.
(c) 
Encourage users of towers, antennas, and associated accessory structures and facilities to locate them, to the extent possible, in areas where the impact on the community is minimal.
(d) 
Protect residential areas and land uses from potential adverse impacts of towers, antennas, and associated accessory structures and facilities.
(e) 
Encourage location and collocation of new antennas on existing towers and other appropriate structures.
(f) 
Encourage users of towers and antennas to configure them in a way that minimizes their adverse visual impact by careful design, siting, landscaping, screening, and camouflaging techniques.
(g) 
Protect property values and the public health, safety, and welfare of the Village of Greendale.
(h) 
Avoid potential damage to adjacent properties from tower failure through requiring careful engineering and the siting of tower structures.
(i) 
Enable wireless communication service providers to provide their services to their customers in a prompt, effective, and efficient manner.
(j) 
Provide clear and objective approval criteria for towers, antennas, and associated accessory structures and facilities.
(k) 
Provide that all wireless communication providers are given an equal opportunity to compete in the local market.
(2) 
Definitions. For the purpose of this section, the following definitions shall be used:
ALTERNATIVE TOWER STRUCTURE
An existing man-made structure which is used as an alternative to a tower and to which an antenna and/or an antenna support structure is attached.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building, or structure and used for communications to radiate or sense electromagnetic waves or radio frequencies, using digital, analog, or spread spectrum modulation.
ANTENNA SUPPORT STRUCTURE
A structure which is attached to a tower or an alternative tower structure and which is designed to support an antenna.
BUFFER YARD
An area of land within the boundaries of a lot or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or using trees, shrubs, fences, walls and/or earthen berms or other visual and/or sound barriers designed to limit continuously the view and/or sound from the lot, site, or land use to adjacent lots, sites, or land uses.
COLLOCATION
The provision of multiple antennas or more than one commercial wireless communication service provider or government entity on a single tower or support structure.
EQUIPMENT FACILITY
A building, cabinet, or other enclosure used to house and protect the electronic equipment necessary for processing wireless communications at a wireless communications facility.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HAZARDOUS MATERIALS
Petroleum or any petroleum product, asbestos, any substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state, or local law or regulation.
HEIGHT (of tower or alternative tower structure)
The distance from the natural, undisturbed ground surface below the center of the base of said tower or distance from the ground of the alternative tower structure to the highest point on the tower or alternative tower structure or any fixture attached thereto (including an antenna), whichever is highest. In the case of an alternative tower structure, the height includes the height of that portion of the alternative tower structure the antenna is mounted to.
Ldn
The day-night average sound level which is a basic measure for quantifying noise exposure, namely the A-weighted sound level averaged over a twenty-four-hour period, with a ten-decibel penalty applied to nighttime (10:00 p.m. to 7:00 a.m.) sound levels.
MONOPOLE TOWER
A vertical support structure consisting of a single vertical metal, concrete or wooden pole, pipe, tube or cylindrical structure, typically round or square, and driven into the ground or mounted upon or attached to a foundation.
OPERATOR
A person, corporation, partnership, association or other organization who or which:
(a) 
Provides wireless communication services, either directly or through one or more agents, employees, subsidiaries, or affiliates; or
(b) 
Controls or is responsible for the management and operation of a wireless communications facility.
POINTS OF VISUAL INTEREST
Views of waterways, open spaces, historic buildings or historic landscapes or village-scapes, architecturally significant structures, or other scenic views.
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section (July 27, 2001).
TOWER
Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
TOWER SITE
The parcel of land where a tower, associated wireless communication structures, fixtures, buildings, shelters or enclosures, and equipment are located.
WIRELESS COMMUNICATIONS SERVICE
The provision of wireless communication services for a consideration. Wireless communication services include, but are not limited to, cellular communications service (CCS), personal communication service (PCS), specialized mobile radio service (SMR), enhanced specialized mobile radio (ESMR), paging services, and other wireless communication services.
(3) 
Wireless communications towers, antennas and associated accessory structures and facilities regulated by this section as a special use. Except as provided in Subsection (4), the regulations set forth in this section shall apply to all wireless communications towers, antennas, and associated accessory structures and facilities in the Village of Greendale.
(a) 
The installation of wireless communications towers, antennas, and associated accessory structures and facilities, including the placement of accessory equipment, may be allowed by the Village Board as a special use requiring the issuance of a special use permit in the M Manufacturing District zoning districts only and requiring conformance with the requirements of this section.
(b) 
The installation of wireless communications antennas and associated accessory structures and facilities, including the placement of accessory equipment (but not including the installation of ground-mounted towers), may be allowed by the Village Board as a special use requiring the issuance of a special use permit in the B-3 General Business District and A Agriculture District zoning districts only and requiring conformance with the requirements of this section.
(4) 
Facilities exempt from this section. The following wireless communications towers, antennas, and associated accessory structures and facilities are exempt from the provisions of this section, except the regulations contained in Subsection (5) of this section:
(a) 
A ground- or building-mounted receive-only radio or television antenna which does not exceed 40 feet in height and which is used solely by the occupants of a dwelling located in a residential zoning district.
(b) 
A ground- or building-mounted receive-only radio or television satellite dish which does not exceed one meter in diameter in any zoning district.
(c) 
A citizens band radio tower and antenna which does not exceed 40 feet in height.
(d) 
A tower and antenna(s) used in the amateur radio service which does not exceed 75 feet in height.
(e) 
Microwave dish antennas for private home use.
(f) 
Governmentally owned and operated receive and/or transmit telemetry station antennas as typically used in supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 35 feet.
(g) 
Towers, equipment facilities, and antennas that existed prior to the effective date of this section (July 27, 2001).
(h) 
Governmentally owned and/or operated wireless communications towers, antennas, and associated accessory structures and facilities, including those owned by the Village of Greendale.
(i) 
Handheld devices such as cell phones, business-band mobile radios, walkie-talkies, portable radios, cordless telephones, garage door openers, and similar devices.
(5) 
Regulation of exempt facilities. Notwithstanding Subsection (4), exempt facilities shall be subject to the following rules and regulations:
(a) 
In residential zoning districts there shall be no more than one tower per tax parcel.
(b) 
Towers shall be designed to prevent children and trespassers from climbing on those structures. Service ladders shall be at least 20 feet above the ground.
(c) 
Towers and antennas constructed and maintained in the Village of Greendale shall comply with all other applicable local, state and federal laws.
(6) 
General standards for wireless communications towers, antennas, and associated accessory structures and facilities. No special use permit shall be recommended or granted for wireless communications towers, antennas, and associated accessory structures and facilities pursuant to this section unless the applicant establishes the following:
(a) 
Zoning Code purposes and intent. The proposed wireless communications towers, antennas, and associated accessory structures and facilities use will be in harmony with the general and specific purposes for which the Village Zoning Code was enacted and for which the regulations of the zoning district in question were established.
(b) 
Adverse impact. The proposed wireless communications towers, antennas, and associated accessory structures and facilities use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and will not substantially diminish and impair property values within the community or neighborhood and:
1. 
Interference with surrounding development. Will be constructed, arranged, and operated so as not to unreasonably interfere with the use and development of neighboring property according to the applicable zoning district regulations.
2. 
Adequate public facilities. Will be served adequately by any required essential public facilities and services.
3. 
Traffic congestion. Will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
4. 
Destruction of significant features. Will not result in the destruction, loss, or damage of any points of visual interest, including views of waterways, open spaces, historic buildings or historic landscapes or village-scapes, architecturally significant structures, or other scenic views or natural, scenic, or historic feature of significant importance.
5. 
Hazard protection. Shall reasonably protect persons and property from erosion, flooding, fire, noise, glare, falling debris or ice, or similar hazards
6. 
Compliance with State of Wisconsin Statutes and the Wisconsin Administrative Code. The proposed facilities shall be in compliance with all applicable State of Wisconsin Statutes and Wisconsin Administrative Code provisions and requirements.
(c) 
Compliance with general standards and detailed conditions and requirements. The wireless communications towers, antennas, and associated accessory structures and facilities special use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located, except as such regulations may, in each instance, be modified by the Village Board pursuant to the recommendations of the Plan Commission. The proposed wireless communications towers, antennas, and associated accessory structures and facilities use shall comply with all additional standards imposed on it by the particular provision of this section authorizing such special use(s).
(7) 
Detailed conditions and requirements for wireless communications towers, antennas, and associated accessory structures and facilities. All wireless communications towers, antennas, and associated accessory structures and facilities shall meet the following conditions and requirements:
(a) 
Utilization of existing towers or existing structures. The applicant shall demonstrate, to the reasonable satisfaction of the Plan Commission and Village Board, that no existing tower or alternative tower structure can accommodate the applicant's proposed antenna(s). Upon a showing by the applicant that any one of the following circumstances enumerated below exist, the applicant shall be deemed to have satisfactorily demonstrated the need for a new tower. In evaluating such circumstances, the Village of Greendale may employ the services of a consulting expert, the expense for which shall be compensated to the Village of Greendale by the applicant as an administrative cost of processing the application. Such demonstration may include one or more of the following:
1. 
No tower or alternative tower structure exists in a geographic area where it is necessary to place an antenna in order to provide effective wireless communication service and which meets the applicant's wireless communications facility technical requirements.
2. 
No existing tower or existing structure is of a sufficient height to meet the applicant's communications facility technical requirements.
3. 
No existing tower or existing structure has the structural capability to support the applicant's proposed antenna and said existing structure cannot practically be reinforced, modified, or replaced to accommodate planned antenna(s) at a reasonable cost (as may be determined by the Village of Greendale).
4. 
The proposed antenna at the existing tower or existing structure would cause interference which would affect the usability of the other existing or planned antennas of the existing tower or existing structure, or the existing antennas at the existing tower or existing structure would cause interference to the proposed antenna if placed at the existing tower or existing structure, and said interference cannot be prevented at a reasonable cost (as may be determined by the Village of Greendale).
5. 
The charges for the use of an existing tower or alternative tower structure are unreasonable. Charges for use of an existing tower or structure shall be deemed unreasonable if those charges exceed the cost of constructing a wireless communication facility as amortized over a period of 10 years or reasonable market rates for collocation, as may be determined by the Village of Greendale.
6. 
The applicant demonstrates that there are other reasonable factors that render an existing tower or alternative tower structure unsuitable.
(b) 
Minimum distance between antennas and/or antenna towers. The minimum distance between any commercial antenna structure which exceeds a height of 50 feet shall be 3/4 of a mile as measured from the exterior base of the proposed tower or alternative tower structure. The distance shall be measured in a straight line between the base of the existing tower or existing alternative tower structure and the proposed location for the base of the new tower or new alternative tower structure.
(c) 
Points of visual interest and minimization of adverse visual impact. No wireless communications towers, antennas, and associated accessory structures and facilities shall be located so as to obstruct the view of a point of visual interest (as defined in this section) from a residential zoning district within 1,000 feet of the wireless communications towers, antennas, and associated accessory structures and facilities. Where feasible, service providers are encouraged to locate wireless communications facilities with other existing facilities such as elevated water towers/reservoirs, outdoor light poles, and other utility structures. The Village Plan Commission or Village Board may request that a visual analysis be done by the applicant. Such visual analysis may be required by the Village Plan Commission or Village Board to include photo montage, field mock-up, or other techniques which identify potential visual impacts of the proposed wireless communications towers, antennas, and associated accessory structures and facilities. All costs for the visual analysis and applicable administrative costs shall be borne by the applicant.
(d) 
Interference with air traffic prohibited. The proposed antenna or antenna structure shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport and must meet the applicable Federal Aviation Administration (FAA) regulations.
(e) 
Interference with radio or television reception and/or any other form of wireless communication prohibited. The proposed tower, alternative tower structure and/or antenna(s) shall not result in interference with radio and/or television reception and/or any other form of wireless communication in nearby residential or nonresidential areas based upon the applicable Federal Communications Commission (FCC) regulations. In the event that any complaints of interference are received and they are reasonably suspected by the Village of Greendale to be caused by the tower, alternative tower structure and/or antenna(s), the Village shall notify the applicant and property owner. The applicant shall have a period of 30 days following receipt of said notification to investigate said complaints and respond to the Village of Greendale. In the event that it is determined that the tower, alternative tower structure and/or antenna(s) is the source of interference, the applicant shall have 10 days to correct all problems.
(f) 
Minimum setback requirements. No portion of any wireless communications towers, antennas, and associated accessory structures and facilities shall overhang any property line. There shall be a setback from any adjacent property lines, right-of-way lines, and overhead power lines of sufficient radius around the tower or alternative tower structure (as measured from the extremities of the tower base or alternative tower structure base) equal to the tower height or alternative tower structure height (as applicable) plus 25 so that its collapse will be entirely contained on the property. This standard may be modified to a lesser requirement if the applicant submits written evidence from a structural professional engineer licensed in the State of Wisconsin which indicates that the tower is so designed that the collapse of the tower would require a lesser setback in order to entirely contain its collapse on the property. No wireless communications towers, antennas, and associated accessory structures and facilities shall directly abut any residential zoning district boundary line. All setbacks shall be measured from the base of the tower or alternative tower structure closest to the applicable property line. Tower or alternative tower structure setback requirements may be waived by the Village Board only under the following circumstances as determined by the Village Board:
1. 
The wireless communications antennas and associated accessory structures and facilities are proposed to be located on an existing, legally established tower or alternative tower structure; and
2. 
Overall, the reduced setback enables the further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
(g) 
On-site locational requirements. All wireless communications towers, antennas, and associated accessory structures and facilities uses shall be restricted to a clearly defined area on the property as approved by the Village Board. In addition:
1. 
All wireless communications towers, antennas, and associated accessory structures and facilities shall be located within the side or rear yard of the property except for corner lots. On corner lots, the wireless communications towers, antennas, and associated accessory structures and facilities may be located in the portion of the lot which functions as a side or rear yard but shall not be located closer to the street than the principal use (that portion of the principal use closest to the street). Any wireless communications towers, antennas, and associated accessory structures and facilities located within a required side yard shall be located behind (further from the street than) the principal structure on any lot abutting the side yard.
2. 
Adequate space, as determined by the Plan Commission, shall be provided on site for wireless communications towers, antennas, and associated accessory structures and facilities maintenance vehicles to access and maneuver on the property.
(h) 
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Milwaukee County and/or the Village of Greendale.
(i) 
Limitation on use of drives or required off-street parking spaces. No wireless communications towers, antennas, and associated accessory structures and facilities shall occupy any drive and/or off-street parking space which is required by this chapter for the principal use of the property.
(j) 
Blocking of ingress/egress routes prohibited. No wireless communications towers, antennas, and associated accessory structures and facilities shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).
(k) 
Visibility and safety. The location of wireless communications towers, antennas, and associated accessory structures and facilities on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.
(l) 
Considered accessory use. The wireless communications towers, antennas, and associated accessory structures and facilities shall be considered as an accessory special use to the principal use of the property.
(m) 
Maximum and minimum height. No tower and antenna shall exceed a maximum height of 170 feet. No antenna support structure, including any antenna or other device attached thereto, shall extend more than 22 feet above the highest point of the building or structure to which the antenna support structure is attached. In addition, the applicant shall demonstrate that proposed wireless communications antennas and associated accessory structures and facilities have been designed to utilize the minimum height required from a technological standpoint for the proposed site.
(n) 
All new towers to be of a monopole or special design unless otherwise determined by the Village Board. Unless otherwise determined by the Village Board as provided herein, all new wireless communications towers shall be of a monopole tower design and shall not exceed a width or diameter of five feet in diameter as measured at its base. However, the Village Board shall have authority to require a special design of new wireless communications towers where findings of particular sensitivity are made, such as proximity to historic or aesthetically significant structures, views and/or community features or other factors as determined by the Village Board.
(o) 
Wireless communications towers, antennas, and associated accessory structures to be structurally self-supporting. All wireless communications towers, antennas, and associated accessory structures and facilities shall be structurally self-supporting without the use of guy wires and shall be specified or plan approved by a structural professional engineer licensed in the State of Wisconsin. All wireless communications towers, antennas, and associated accessory structures and facilities shall be permanently anchored to the ground.
(p) 
Minimum of four service providers to be allowed to use tower facilities. Unless specifically waived by the Village of Greendale, new towers shall be designed to accommodate at least three other wireless communication service providers at market rate. The applicant shall allow the sharing of the antenna support facilities with three or more other service providers through the use of a collocation agreement. The holder of a special use permit for an antenna support facility shall not make access to the antenna support facility and site economically unfeasible. If additional users demonstrate (through an independent arbitrator or other pertinent means) that the holder of a special use permit for an antenna support facility and site has made access to such antenna support facility and site economically unfeasible, then the special use permit for said facility shall become null and void. All towers and structures shall be designed structurally, electrically, and in all respects to:
1. 
Accommodate both the applicant's antennas and comparable antennas.
2. 
Allow for the future rearrangement of antennas upon the commercial communication tower or structure.
3. 
Accept antennas mounted at varying heights, provided that said heights do not exceed the maximum height approved or the height of the approved commercial communication tower or existing structure.
(q) 
Buildings, enclosures, equipment and associated devices. All buildings, enclosures, equipment, and other associated devices ancillary to wireless communications towers and antennas shall be placed in close proximity to the base of the tower located on the wireless communications site. If the wireless communications facility does not have a tower, the buildings, equipment, and other associated devices shall be placed in close proximity to the alternative tower structure. If the wireless communications facility has a roof-mounted antenna support structure, an equipment enclosure may be located on the roof, provided that such enclosure is placed as unobtrusively as possible and in compliance with all applicable building codes and this chapter.
1. 
All buildings, enclosures, equipment, and other associated devices shall be kept locked at all times.
2. 
Each building, enclosure, equipment, and other associated device shall have a label attached to it. The label shall give the name, address, and telephone number of the person who should be contacted in the event of an emergency.
3. 
The aggregate floor area of all buildings and enclosures shall not exceed 500 square feet per tower.
4. 
The total height of the structures shall not exceed 15 feet in height, and the construction materials shall consist of a brick exterior on all sides of the structures.
5. 
Backup electrical power generators, if provided, shall only be operated during electrical power outages and for testing and maintenance purposes. If the electrical power generator is located within 100 feet of a residential zoning district boundary line, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of not greater than 45 Ldn at the property line. Testing and maintenance of said electrical power generators shall only take place on weekdays between the hours of 9:00 a.m. and 5:00 p.m.
6. 
An "RF Safety Hazard" sign per ANSI Standard C95.2-1982, including descriptive wording or warning information at the user's option, shall be located on the tower and facilities where appropriate to create an awareness of a possible RF exposure to personnel. Sign lettering is recommended to conform to ANSI Z35.1-1972m while the yellow triangle shall conform to ANSI Z53.1-1979. ANSI Z35.1-1972 details construction guidance in the selection of finishes, illumination and placement.
(r) 
Anticlimbing measures required. Towers shall be designed to prevent children and trespassers from climbing on those structures. Sufficient anticlimbing measures shall be incorporated into the facility to reduce the potential for trespass and injury. Ladder rungs on towers shall be placed a minimum of 20 feet above the ground.
(s) 
Advertising and signage. No form of advertising or signage (other than warning or equipment information signage) shall be allowed on the wireless communications towers, antennas, and associated accessory structures and facilities. All signage shall be according to the sign regulations set forth in the Village of Greendale sign regulations. In addition, the following signs are hereby prohibited:
1. 
Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes all flags (except that of the United States of America, State of Wisconsin, and Village of Greendale), pennants, whirling objects, banners, or other entities attached to strings or lines.
2. 
Inflatable advertising devices or signs.
3. 
Changeable copy and portable trailer signs, either fixed or moveable.
4. 
Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village Board).
5. 
Statutes and stuffed animals.
6. 
A sign on a motor vehicle or trailer parked on public or private property so as to be seen from the public right-of-way for more than three consecutive hours, which has attached thereto or located thereon any sign for the purpose of advertising a product or directing people to a business activity.
(t) 
Cable installation. All cable to and from the antenna and/or antenna structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure. Aboveground cable installation may be allowed if it is adequately screened from view from outside the fenced area as determined by the Plan Commission and Village Board.
(u) 
Security and fencing. The base of the tower and its associated accessory structures shall be enclosed and fenced by a security fence not less than six feet in height and secured so that it is not accessible by the general public. Fence design, materials, and colors shall reflect the character of the surrounding area as determined by the Plan Commission and Village Board. Electrical fencing is prohibited. All fencing shall meet the applicable fence requirements of the Village of Greendale Code.
(v) 
Landscaped buffer yard required. A buffer yard of plant materials of sufficient maturity and size (as determined by the Village Board) to immediately and effectively screen the equipment cabinets, structures, or buildings from public view and from adjacent properties shall be provided.
1. 
The minimum buffer yard shall consist of a landscaped strip at least 10 feet in width outside the entire perimeter of the wireless communications facility.
2. 
In locations where the visual impact of the tower would be minimal (as determined by the Village Board), the landscaping requirement may be reduced or waived with the approval of the Village Board.
3. 
Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, when such towers are sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer yard.
4. 
All landscaping requirements detailed here shall be properly maintained in perpetuity.
5. 
The minimum size of plant materials used in the required buffer yard shall be as indicated below:
Plant Material Type
Minimum Plant
Material Sizes
Canopy trees
Single stem
3-inch caliper
Multistem clump
12 feet tall
Coniferous trees
8 feet tall
Understory trees
2-inch caliper
Shrubs
3 feet tall
(w) 
Lighting. No tower, antenna support structure, or antenna shall be artificially illuminated unless required by the Federal Aviation Administration or other applicable authority. This subsection does not prohibit the use of motion detectors and associated lighting for security nor the use of full cutoff luminaire design outdoor lights when the wireless communication provider's personnel are present. This subsection is not intended to prohibit any lighting required by any local, state, or federal law, rule, or regulation. If lighting is required by such law, rule, or regulation, the operator and owner shall choose the lighting which causes the least disturbance to the occupants of the adjacent properties.
(x) 
Color and finish. All towers and antennas shall be of a color that best allows them to blend into the surroundings so as to reduce visual obtrusiveness or to camouflage the tower and antennas. The use of grays, blues, and greens may be appropriate; however, each case shall be evaluated by the Village of Greendale on an individual basis. All finishes shall be nonreflective.
(y) 
No outdoor storage permitted. There shall be no outdoor storage of any vehicles, equipment, or other goods permitted in conjunction with wireless communications towers, antennas, and associated accessory structures and facilities. This subsection does not apply to overnight storage of vehicles or equipment necessary for the construction or repair of the wireless communications tower, antennas, and associated accessory structures and facilities.
(z) 
Hazardous materials. There shall be no use of, generation of, storage of, or disposal of any hazardous materials on, under, about, or within the land in violation of any law or regulation in conjunction with wireless communications towers, antennas, and associated accessory structures and facilities.
(aa) 
Maintenance. All wireless communications towers, antennas, and associated accessory structures and facilities shall be maintained in a clean, rust-free, sanitary, and safe manner and kept free from trash, refuse, and debris. In addition, all wireless communications towers, antennas, and associated accessory structures and facilities shall be maintained in accordance with all applicable local, state, and federal regulations. If the Zoning Administrator concludes that a wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) fail to comply with such codes and regulations and constitute a danger to persons or property in the vicinity, the Village Zoning Administrator shall notify the owner or operator of the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) of such fact. The notice shall be in writing and shall require the owner or operator to bring the facility into compliance with such codes and regulations within a time frame set forth by the Village Zoning Administrator but not to exceed 30 days of the date of service of the notice whichever is earlier. If the owner or operator fails to bring the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) into compliance within the time provided, the Village Zoning Administrator may order the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) to be removed to the extent necessary to protect persons or property in the vicinity. The cost of removing the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(s) shall be at the owner's expense.
(ab) 
Antennas on existing towers. The attachment of a new antenna on an existing tower may be allowed to minimize adverse visual impacts associated with the proliferation and clustering of towers.
(ac) 
Additional standards for building-mounted antennas. In addition to all other applicable standards set forth in this section, wireless communication antennas and associated facilities proposed to be mounted or attached to existing buildings shall comply with the following:
1. 
Such wireless communication antennas and associated facilities shall be in scale and architecturally integrated with the building design in such a manner so as to be visually unobtrusive. Screening may include the placement of facilities within attics or steeples, behind and below parapet walls, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building.
2. 
When wireless communication antennas and associated facilities are placed against a building wall or roof, colors and materials of such facilities shall match the existing building to which there are mounted.
3. 
To the extent feasible, wall-mounted antennas shall not be located on the front or street-facing building or structure elevation or the most prominent facade of a structure or building and shall be located above the pedestrian line of sight.
(ad) 
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
(ae) 
Written consent required or proof of site encumbrance. Written consent from the owner or authorized agent of the property shall be provided or proof of site ownership, easement, lease, or rental agreement which encumbers the proposed wireless communications towers, antennas, and associated accessory structures and facilities site(s).
(af) 
Financial guaranty and agreement for abandoned facilities removal and site restoration required. An applicant shall provide to the Village of Greendale, as a condition of issuance of a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, an irrevocable letter of credit or cash in the amount of $25,000 to guaranty facilities removal and site restoration if the wireless communications towers, antennas, and associated accessory structures and facilities are abandoned or no longer used. The property owner shall also sign, as a condition of issuance of a special use permit, an agreement and record (with the Milwaukee County Register of Deeds) a deed restriction to remove the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) within six months of the discontinuance of its use.
(ag) 
Certificate(s) of insurance required. No use shall be permitted until the applicant has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect general public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such wireless communications towers, antennas, and associated accessory structures and facilities. Such insurance shall be in the minimal amount of $1,000,000 per person, $1,000,000 for each accident and $3,000,000 property damage. Said certificate or certificates of insurance shall be furnished the Zoning Administrator annually.
(ah) 
Indemnification. The owner and operator agree to indemnify, defend, and hold harmless the Village of Greendale and its elected officials, officers, employees, agents, departments, agencies, committees, boards, and representatives from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorney fees and other costs and expenses of litigation, which may be asserted against or incurred by the Village of Greendale or for which the Village of Greendale may be held liable, which arise from the negligence, willful misconduct, or other fault of the owner and operator or their employees, agents, or subcontractors from the installation, operation, use, maintenance, repair, removal, or presence of such wireless communications towers, antennas, and associated accessory structures and facilities on any property.
(ai) 
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Fire Department, Village Engineer, Village Planner, and/or Zoning Administrator shall be complied with.
(8) 
Conditions. In determining whether the applicant's evidence establishes that the foregoing standards, conditions, and requirements set forth in Subsections F and G above have been met, the Plan Commission and the Village Board shall consider the following:
(a) 
Public benefit. Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(b) 
Alternative locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at another site or in another area that may be more appropriate than the proposed site.
(c) 
Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.
(9) 
Conditions on special use permits for wireless communication towers, antennas, and associated accessory structures and facilities. 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 this section and chapter upon the premises benefited by the issuance of a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property or upon such public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this section and chapter. Such conditions shall be expressly set forth in the resolution granting the special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, 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 chapter and shall constitute grounds for revocation of the special use permit.
(10) 
Costs. The costs of all professional, expert and/or technical consultant services retained by the Village of Greendale and rendered in review of a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, administration of the special use permit, checking and/or inspections relating to the special use permit, including but not limited to the Village of Greendale consulting professional engineer, consulting planner, Village Attorney, or other professional, expert, or technical services, shall be borne by the applicant for the special use permit and shall be considered as a part of the application fees for the special use permit for wireless communications towers, antennas, and associated accessory structures and facilities.
(11) 
Applications for wireless communications towers, antennas, and associated structures and facilities special use permits. All applications for wireless communications towers, antennas, and associated accessory structures and facilities special use permits shall be submitted to the Village Zoning Administrator with the following required data and/or materials, except as otherwise noted under Subsection (11)(c) below:
(a) 
Name and address. The name, address, and phone number of the applicant or agent to be contacted with regard to the application.
(b) 
Description of the proposed wireless communications towers, antennas, and associated accessory structures and facilities special use and property. Description of the proposed wireless communications towers, antennas, and associated accessory structures and facilities special use and property by:
1. 
Lot, block, and recorded subdivision or by metes and bounds.
2. 
Address of the subject site.
3. 
The zoning district within which the subject site lies.
4. 
Type of structure.
5. 
Type of wireless communications towers, antennas, and associated accessory structures and facilities proposed.
6. 
A word description of the existing and proposed operation of the wireless communications tower, antenna(s), and associated accessory structures and facilities and use of the site.
7. 
Number of employees, if any, who may be located at the site.
8. 
Proposed signage.
9. 
A boundary plan drawing of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.
10. 
A site plan (drawn to a recognized engineering scale, dimensioned, and dated) indicating the type, size, and location of all existing and proposed structures and existing and proposed site features, including all easements, off-street parking, drives, landscaping, fencing, lighting, and other accessory structures and uses.
11. 
Submission of a landscape plan drawn to a recognized engineering scale, dimensioned, and dated. The landscape plan shall specify the location of any tower, building, parking, landscaping, fencing and other accessory uses. The landscape plan shall indicate the location, extent, type (common name and scientific name for plant materials) and size of all existing and proposed landscaping and landscape plantings in all areas of the proposed development. A summary table shall be affixed to the landscape plan indicating all types, numbers, and sizes of all plant materials proposed to be used. All new landscape plant material shall be grown in a nursery located in Plant Hardiness Zone 4 (as defined by the United States Department of Agriculture). All new landscape plant material shall conform to the applicable requirements as specified in the current edition of American Standard for Nursery Stock as approved by the American National Standards Institute, Inc., and sponsored by the American Association of Nurserymen, Inc. Botanical plant names of plant materials shall be according to the current edition of Standardized Plant Names prepared by the American Joint Committee on Horticultural Nomenclature.
12. 
Submission of Wisconsin licensed professional engineer stamped plans and specifications for construction of the wireless communications towers, antennas, and associated accessory structures and facilities.
13. 
Submission of a written statement by a Wisconsin licensed professional electrical engineer that the reception and transmission functions of the proposed tower, antenna, or equipment facilities will not interfere with the usual and customary transmission and reception of radio, television, or other services on adjacent properties.
14. 
Submission of a copy of the FAA determination, the FCC license, and the State of Wisconsin Department of Commerce building plan approval indicating that the proposed tower, antenna, or equipment facilities comply with rules administered be those agencies.
15. 
For towers, submission of a written statement from the applicant's Wisconsin licensed professional engineer indicating:
a. 
The types of antennas that may be accommodated by the tower.
b. 
The tower's capacity for such antennas.
c. 
The structural failure characteristics of the tower.
d. 
The adequacy of the tower setback on the site in the event of the tower's structural failure.
16. 
Submission of a written description of all audible noise-generating equipment, including the times and decibel levels of the noise which will be produced.
17. 
Submission of a complete list of the applicant's existing wireless communications towers, antennas, and associated accessory structures and facilities located in the Village of Greendale and within 10 miles of the Village of Greendale limits. The list shall identify existing sites, approved sites, proposed sites (including a listing of applications filed, applications pending, and applications planned to be filed), new sites, upgraded sites, and abandoned sites. This information shall also describe location, type, height, number of antenna, and design of each tower and location of each antenna. The Village of Greendale may share such information with other applicants applying for a special use permit to construct, install, or alter wireless communications towers, antennas, and associated accessory structures and facilities.
18. 
Submission of a map(s) depicting the geographic location and boundaries of all coverage areas (rings) planned by the carrier and the location of the carrier's wireless communications towers, antennas, and associated accessory structures and facilities sites within each coverage area.
19. 
Submission of a separate coverage area map for the proposed wireless communications towers, antennas, and associated accessory structures and facilities site(s) in the Village of Greendale.
20. 
Submission of written consent from the owner, or authorized agent, of the property shall be provided or proof of site ownership, easement, lease, or rental agreement which encumbers the proposed wireless communications towers, antennas, and associated accessory structures and facilities site(s).
21. 
Submission of an executed affidavit stating whether any other wireless communications towers, antennas, and associated accessory structures and facilities are located within any portion of the area within a radius of 2,000 feet from the location of the proposed new wireless communications towers, antennas, and associated accessory structures and facilities tower which lies both inside and outside of the corporate limits of the Village of Greendale.
22. 
Submission of a drawing(s) (drawn to a recognized engineering scale, dimensioned, and dated) which identifies views of waterways, open spaces, historic buildings or historic landscapes or village-scapes, architecturally significant structures, or other scenic views or natural, scenic, or historic features of significant importance located within 1,000 feet of the proposed wireless communications towers, antennas, and associated accessory structures and facilities. Said drawing(s) shall graphically indicate the topography of the area, shall delineate all existing structures located within the area, and shall demonstrate the impact of the proposed wireless communications towers, antennas, and associated accessory structures and facilities on views of waterways, open spaces, historic buildings or historic landscapes or village-scapes, architecturally significant structures, or other scenic views or natural, scenic, or historic features of significant importance.
23. 
Any other information deemed appropriate and pertinent by the Village Board, Plan Commission, Village Manager, Zoning Administrator, or Village Planner in order to have an adequate understanding of the intended use.
(c) 
Applications for the placement and installation of antennas on existing Village-approved wireless communications towers. Applications for the placement and installation of antennas on existing Village-approved wireless communications towers shall be submitted to the Village Zoning Administrator with the following data and/or materials: as set forth under Subsection (11)(a) and (b)1 through 14, 16, 20 and 23 of this section.
(12) 
Submission of application and related materials to Village Zoning Administrator required. All applications for wireless communications towers, antennas, and associated accessory structures and facilities special use permits shall be submitted to the Village Zoning Administrator who shall transmit all such applications to the Village Board for referral to the Plan Commission.
(13) 
Village Department and consultant review of applications required. After the Village Board refers the application for the wireless communications towers, antennas, and associated accessory structures and facilities special use to the Plan Commission for recommendation, the Zoning Administrator shall refer the application and related data to appropriate Village departments and consultants for their study and/or comment prior to the Plan Commission and Village Board meetings.
(14) 
Hearing on special use application required.
(a) 
Following receipt in proper form of the required application and associated application materials by the Village Zoning Administrator, the Village Board shall hold at least one public hearing. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Village of Greendale as a Class 2 notice as required under Ch. 985, Wis. Stats. In addition to publication, due notice may also be given by first-class mail to property owners of property located in the Village of Greendale which is located within 500 feet of the affected property and any nonresident notice shall be given to the clerk of any municipality whose boundaries are within 500 feet of the affected property. Failure to give first-class mailing notice to property owners of properties located in the Village of Greendale in the affected area described above or to nonresidents or to the municipal clerk of any municipality affected herein shall not invalidate any action by the Village Board taken on the special use application.
(b) 
No public hearing is required for the placement and installation of antennas on previous Village-approved wireless communications towers.
(15) 
Authorization of special uses. For each application for a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, the Plan Commission shall report to the Village Board its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Village Board may grant or deny any application for the special use permit.
(16) 
Effect of denial of a special use. No application for a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities which has been denied wholly or in part by the Village Board shall be resubmitted for 30 days from the date of said denial.
(17) 
Affidavit of compliance with conditions. In all cases in which special uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with. Whenever any special use permit for wireless communications towers, antennas, and associated accessory structures and facilities granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Zoning Administrator so stating.
(18) 
Limitations on special use permits for wireless communications towers, antennas, and associated accessory structures and facilities.
(a) 
Time limitations. Subject to an extension of time granted by the Village Board, upon recommendation of the Plan Commission, no special use permit for wireless communications towers, antennas, and associated accessory structures and facilities shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion and a use commenced within that period.
(b) 
Use discontinuance. A special use permit for wireless communications towers, antennas, and associated accessory structures and facilities shall be deemed to authorize only the particular use for which it was issued. Such permits shall automatically expire and cease to be of any force or effect if such use shall be discontinued for 12 consecutive months or more; provided, however, that if such use is discontinued due to labor strikes, war, natural disasters, or other similar cause(s) beyond the reasonable control of the holder of the special use permit, such twelve-month period shall be extended for a period of time equal to the period that the holder of the special use permit is prevented from engaging in the particular use for which the special use permit was issued.
(c) 
Special use permit runs with land and not the applicant. Unless otherwise provided in the resolution granting a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities 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.
(d) 
Additions and enlargements to legal special uses. Any additions or enlargements to an existing legal wireless communications towers, antennas, and associated accessory structures and facilities special use for which a special use 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.
(e) 
Additions and enlargements to illegal special uses. Any additions or enlargements to an existing illegal special use for wireless communications towers, antennas, and associated accessory structures and facilities for which a special use permit has not been issued shall not be allowed unless the entire 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.
(19) 
Effect of issuance of a special use permit. The grant of a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities 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.
(20) 
Building permit required. After the issuance of a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, no wireless communications towers, antennas, and associated accessory structures and facilities shall be constructed until a building permit is reviewed, approved, and issued from the Village Zoning Administrator.
(21) 
Amendments to special use permits. A special use permit for wireless communications towers, antennas, and associated accessory structures and facilities 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.
(22) 
Review of existing special use permits. An existing special use permit for wireless communications towers, antennas, and associated accessory structures and facilities may be reviewed by the Village of Greendale as follows:
(a) 
The Plan Commission may review a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities if any of the following determinations are made by the Plan Commission:
1. 
The special use has not continued in conformity with the Village of Greendale's conditions of approval of the special use permit or with any subsequent amendments to the special use permit.
2. 
Violations of other statutes, ordinances, or laws.
3. 
A change in the character of the surrounding area or in the special use itself which has caused the special use to become incompatible with the surrounding uses.
(b) 
The determination for the review of a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities shall be made by the Plan Commission after due notice to the property owner, occupant, or agent as indicated on the special use permit as to the reasons for the review.
(c) 
Upon review of the special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, the Plan Commission may recommend to the Village Board that no action be taken, may recommend revisions to the special use permit or additional conditions be added to the special use permit, or may recommend that the Village Board proceed with a public hearing for possible termination of the special use permit.
(23) 
Abandoned towers and antennas.
(a) 
Evidence of abandonment. Wireless communications towers, antennas, and associated accessory structures and facilities shall be deemed abandoned if any of the following shall occur:
1. 
The wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) is/are not operated for 12 continuous months.
2. 
The owner or operator has notified the Village of Greendale that it has ceased operations of the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s).
(b) 
Notification of abandonment. The owner or operator of a wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) shall notify the Village Zoning Administrator in writing whenever a wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) is abandoned or its use discontinued. Such notice shall be given to the Village Zoning Administrator within 30 days of such abandonment or discontinuance.
(c) 
Removal of abandoned wireless communications towers, antennas, and associated accessory structures and/or facilities. The owner and operator of an abandoned wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) shall remove it from the wireless communications facility within six months after the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) is/are abandoned or its use discontinued. If the owner fails to remove the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) within that time, the Village shall remove the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) at the owner's and operator's expense. In the event that the cost of removal is not paid, the Village of Greendale may assess the cost of such removal against the property upon which the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) is located.
(d) 
Site restoration. Whenever a wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(s) is removed from a wireless communications facility, the remainder of the site shall be restored to its preexisting condition and all structures, buildings, equipment, and other devices shall be removed from the site at the expense of the owner.
(e) 
Financial guaranty and agreement for abandoned facilities removal and site restoration required. See Subsection (7) for required financial guaranty and agreement required.
(24) 
Legal nonconforming wireless communications towers, antennas, an associated accessory structures and/or facilities. Preexisting wireless communications towers, antennas, and associated accessory structures and/or facilities which do not conform to the requirements of this section shall be permitted to continue in accordance with the provisions of this chapter which deal with nonconforming buildings, structures, and uses as well as prior Village grants of use.
[Added by Ord. No. 719]
(1) 
Purpose. Pursuant to the provisions of Chapter 23 of the Code of the Village of Greendale and for the purpose of identifying historic structures, historic sites or historic districts, the letter "H" shall be affixed and be used to identify a designated historic structure, historic site or historic district and shall be appended to the various existing zoning district classifications on zoning district maps maintained by the Village. The "H" designation shall have no effect upon the principal zoning district classification of said zoning lots.
(2) 
Historic structures and historic sites. The applicable regulations of Chapter 23 shall apply to each property with the "H" designation in addition to the other applicable requirements of this chapter
(3) 
Special use designation. All structures and sites in the "H" designation are hereby deemed to have their primary use and function to preserve their historic nature. All structures and sites in the "H" designation and their principal and accessory structures and uses of land, including all major internal and external alterations, improvements and modifications, as deemed major by the Plan Commission, shall be considered as special uses pursuant to the provisions of § 17.36 of this chapter.
[Added 8-7-2001 by Ord. No. 782]
[Added 12-21-2010 by Ord. No. 854[1]]
(1) 
General.
(a) 
Plan Commission to conduct site plan review. The Plan Commission shall review the site, natural resource features of the site, site intensity of use, building location, density of dwelling units, floor area, impervious surface area, existing and proposed structures, architectural plans, neighboring uses, potential impacts upon neighboring uses, use of landscaping and open space, off-street parking and loading areas, driveway locations, loading and unloading for commercial and industrial uses, highway access, traffic generation and circulation, lighting, drainage, sewerage and water systems, the proposed operation, and emergency vehicle accessibility.
(2) 
Principles and standards of review. The Plan Commission will approve said site plan(s) only after determining:
(a) 
Conformity of use to zoning district. The proposed use(s) conform(s) to the uses permitted as either a permitted use or special use (whichever is applicable) in the zoning district.
(b) 
Dimensional requirements. The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of this chapter.
(c) 
Use and design provisions. The proposed use conforms to all use and design provisions and requirements (if any) as found in this Zoning Code for the specified uses.
(d) 
Relation to existing and proposed streets and highways. There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project to assure the safety and convenience of pedestrian and vehicular traffic. For arterial streets and highways not under the jurisdiction of the Village of Greendale, that the applicable highway authority has been contacted and the needed permits have been obtained and submitted to the Village for review.
(e) 
Impacts on surrounding uses. The proposed on-site buildings, structures, and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress and interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking, as specified by this Zoning Code or any other codes or laws.
(f) 
Natural resource features protection. Natural features of the landscape are retained to enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes, or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood.
(g) 
Required landscaping and landscape bufferyards. Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape bufferyards to provide for appropriate screening, fencing, or landscaping. Where required, a landscape plan meeting the requirements set forth in § 17.39 of the Village Zoning Code has also been submitted for Plan Commission review and approval.
(h) 
Provision of emergency vehicle accessibility. Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.
(i) 
Building location. No building shall be permitted to be sited in a way that would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily affect the beauty and general enjoyment of existing structures on adjoining properties.
(j) 
Building separation. The proposed structure(s) are located to allow for adequate light and air; ease of access and entry for vehicles, occupants, and pedestrians; and safety from fire, flood, and other safety hazards.
(k) 
Location and design of loading facilities. No loading facility shall be permitted to be designed or sited in a way that would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily affect the beauty and general enjoyment of the existing structures on adjoining properties.
(l) 
Consistency with the intent of the Village of Greendale Zoning Code. The site plan is consistent with the intent and purposes of the Village of Greendale Zoning Code that are to promote the public health, safety, and general welfare; to encourage the use of lands according to their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to facilitate the implementation of the Village of Greendale Comprehensive Plan or component thereof; and those other purposes and intents of this Zoning Code.
(m) 
Consistency with the intent of the Village of Greendale Comprehensive Plan. The site plan is consistent with the public goals, objectives, principles, standards, policies, and design criteria set forth in the Village-adopted Comprehensive Plan or component thereof.
(3) 
Applications for site plan review. The site plan(s) and related plans and data shall be submitted to the Village Director of Inspection Services who shall transmit all site plan review applications and their accompanying site plan(s) and related plans and data to the Plan Commission for its review and approval. Four full-size copies of said site plan shall be submitted with 18 copies of the site plan review application. In addition to the full-size drawings required above, 18 copies of each such drawing submitted shall also be submitted as eleven-inch-by-seventeen-inch black-and-white reduction. Site plans submitted with site plan review applications shall include the following:
(a) 
Scale and name of project. Site plan drawn to a recognized engineering scale with the name of project noted.
(b) 
Owner's and/or developer's name and address. Owner's and/or developer's name and address noted on the site plan.
(c) 
Architect and/or engineer's name and address. Architect and/or engineer's name and address noted on the site plan.
(d) 
Date. Date of site plan submittal with all dates of revision noted on the site plan.
(e) 
Scale and site size. The scale of drawing and the size of the site (in square feet or acres) noted on the site plan.
(f) 
Existing and proposed topography. Existing and proposed topography shown at a contour interval of not more than two feet at National Geodetic Vertical Datum of 1929 (mean sea level) noted on the site plan. A site grading plan may also be required by the Village Director of Inspection Services and/or Plan Commission.
(g) 
Off-street parking spaces, loading, ingress and egress, and driveway locations of adjoining properties. The total number of off-street parking spaces, loading areas, drives, curb cuts, and vehicular ingress and egress locations to the site noted on the site plan. If the proposed development abuts an existing or planned collector or arterial street or highway, as identified in the Village of Greendale Comprehensive Plan or component thereof, all driveway locations of all adjoining properties within 200 feet of the site shall be graphically indicated and dimensioned (with distances and widths noted) on the site plan.
(h) 
Type, size, and location of all structures and signs. The type, size, and location of all structures and signs with all building and sign dimensions noted on the site plan.
(i) 
Building height. Height of all building(s), including both principal and accessory, expressed in both feet and stories noted on the site plan.
(j) 
Existing and proposed street names. Existing and proposed street names noted on the site plan.
(k) 
Existing and proposed public street rights-of-way or reservations. Existing and proposed public street rights-of-way or reservations and widths with existing or proposed center line elevations, pavement type, fire lanes, walks, curbs, gutters, culverts, etc., noted on the site plan.
(l) 
Building and yard setbacks. All building and yard setback lines shall be graphically noted on the site plan.
(m) 
North arrow. A North arrow noted on the site plan.
(n) 
Proposed sanitary sewers storm sewers, and water mains. Existing and general location of proposed sanitary sewers, storm sewers (including direction of flow), water mains, and fire hydrants noted on the site plan. All locations for the proposed connections to such utilities shall be noted on the site plan.
(o) 
Proposed stormwater management facilities. Location of any proposed stormwater management facilities, including detention/retention area(s). Stormwater calculations that justify the stormwater detention/retention area(s) shall be submitted. Said submission shall indicate how the planned stormwater drainage system meets the requirements of the Village's stormwater management plan[2] or other Village stormwater drainage policies.
[2]
Editor's Note: See Ch. 26, Stormwater Management.
(p) 
Landscape plan required. Where landscaping, as required in this Zoning Code, is to be installed on the site, a landscape plan meeting the requirements set forth in § 17.39 of this Zoning Code shall be submitted with the site plan review application for Plan Commission review and approval.
(q) 
Residential density. Information on the density of residential uses (net density and gross density), the number of dwelling units by type, and land areas assigned for each density type noted on the site plan.
(r) 
Nonresidential uses. Information on the type and amount of ancillary and nonresidential uses in the development noted on the site plan.
(s) 
General location and purpose of each building. The general location and purpose of each building proposed for the property shall be graphically noted on the site plan.
(t) 
Pedestrian sidewalks and walkways. The location of pedestrian sidewalks and walkways noted on the site plan.
(u) 
Schedule. A development schedule shall be submitted indicating the following:
1. 
Project phasing plan required. A project phasing, or staging, plan is required indicating when various areas, open space, densities, uses, and public facilities are planned to be developed with each phase or stage. The overall design of each stage shall be shown on the plan and through supporting graphic material.
2. 
Project phase dates and timing of development. The approximate dates for the beginning and completion of each development phase, or stage, shall be indicated.
3. 
Land use schedule required. If different land use types are to be included in a TND Traditional Neighborhood Development Overlay District, the schedule must include the mix or uses to be built in each stage.
(v) 
Architectural plans, elevations, and perspective drawings and sketches. Architectural plans, elevations, and perspective drawings and sketches illustrating the design, character, materials (all labeled with the specific material clearly indicated with a written note), and dimensions of proposed structures indicated on the plans.
(w) 
Lighting plan required. A lighting plan which meets the lighting regulations set forth in § 17.40 of this Zoning Code. Said lighting plan shall indicate the location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site.
(x) 
Easements. The location of all existing and proposed easements on the site, including natural resource protection and mitigation area easements, landscape easements, access easements, utility easements, and all other easements noted on the site plan.
(y) 
Highway access. Copies of any letters of review or permits granted by applicable federal, state, or county regulatory agencies having jurisdiction over highway access, if applicable.
(z) 
Market analysis. For a commercial use on a parcel of land greater than 30,000 square feet in area, a market analysis, prepared and signed by an independent market analyst acceptable to the Plan Commission, may be required, containing the following:
1. 
Trade area.
2. 
Population of trade area, present and projected.
3. 
Effective buying power in the trade area, present and projected (for retail).
4. 
Residual buying power and how it may be expected to be expended in existing business areas serving the trade area.
(aa) 
Financial plan for project implementation to be provided. A financial plan for project implementation, acceptable to the Plan Commission, may be required.
(bb) 
Project summary. A written project summary, including fiscal impact upon the Village of Greendale, operational information, building schedule, and estimate of project value and including all site improvement costs.
(cc) 
Covenants and deed restrictions required. Written documentation of any proposed agreements, provisions, declarations, deed restrictions, or covenants that will govern the use, maintenance, and continued protection of the development and any of its common open space.
(dd) 
Special studies may be required. Fiscal, traffic, or environmental impact studies may be required when deemed appropriate by the Plan Commission or the Village Board.
(ee) 
Engineering requirements and specifications. Engineering requirements and specifications are to be in conformance with the standards set forth in the Village Land Division Ordinance[3] and other accepted engineering standards as determined by the Village Engineer.
[3]
Editor's Note: See Ch. 18, Subdivision and Platting.
(ff) 
Additional data may be required by the Village. Additional data as may be required by the Plan Commission, Village Director of Inspection Services, Village Planner, or Village Engineer to review the site plan. Such other data may include the preparation and submittal of detailed traffic impact analyses studies performed by a transportation engineer or fiscal impact analyses studies.
(4) 
Site plan review and findings.
(a) 
Plan Commission review of site plans. The Plan Commission shall review the submitted plans within 60 days following their submittal.
(b) 
Plan Commission approval of site plans. The Plan Commission shall not recommend to the Village Board the approval of any site plan(s) or other required plans unless they find after reviewing the site plan review application and data that the structure or use, as planned, will not violate the intents and purposes of this Zoning Code. The Plan Commission shall recommend to the Village Board the approval of said site plan(s) only after determining the proposed building or buildings will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety, and provided such proposed development meets the various intent and purpose statements set forth in this Zoning Code.
(c) 
Filing of decision on site plan review. Said recommendation to the Village Board shall be filed with the Village in the form of Plan Commission meeting minutes. The development of the site shall be in substantial conformity with such approved and filed site plan.
(d) 
Standards for site plan disapproval. The Plan Commission shall not disapprove, or the Plan Commission shall not recommend disapproval of, a site plan submitted pursuant to this Zoning Code except based on specific findings directed to one or more of the following:
1. 
Application improper. The application is incomplete in specified particulars or contains or reveals violations of this Zoning Code or other applicable regulations that the applicant has failed or refused to supply or correct.
2. 
Failure of condition precedent. The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has filed to secure approval of that application.
3. 
Adverse impact. The proposed use and development will have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and substantially diminish and impair property values within the community or neighborhood and/or:
a. 
Failure to meet principles and standards of review. The site plan fails to adequately meet specified principles and standards required by this Zoning Code with respect to the proposed use or development, including special use permit standards where applicable.
b. 
Interference with easements or public rights-of-way. The proposed site plan interferes with easements or public rights-of-way.
c. 
Interference with features. The proposed site plan unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural resource, topographical, or other physical features of the site.
d. 
Adverse traffic impacts. The proposed site plan creates undue traffic congestion, or draws significant amounts of traffic through residential streets, or creates hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed, inefficient pedestrian or vehicular circulation paths on or off site. Adequate measures would not be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
e. 
Inadequate bufferyards or screening. The bufferyards or screening of the site does not provide adequate shielding from or for nearby uses.
f. 
Lacking amenity. The proposed structures or landscaping are unreasonably lacking amenities in relation to, or are incompatible with, nearby structures and uses.
g. 
Lack of adequate open space or landscape surface ratio. For site plans submitted in connection with an application for a special use permit and/or TND Traditional Neighborhood Development Overlay District, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.
h. 
Stormwater drainage or erosion problems. The proposed site plan creates unreasonable stormwater drainage or erosion problems or fails to fully and satisfactorily integrate the site into the overall existing and planned stormwater drainage system serving the Village.
i. 
Burdens on utilities. The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate the site's utilities into the overall existing and planned utility systems serving the Village.
j. 
Inadequate public facilities. The proposed use and development will not be served adequately by essential public facilities and services such as streets, public utilities, including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the applicant will not provide adequately for such facilities.
k. 
Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as to unreasonably interfere with the use and development of neighboring property.
l. 
Destruction of significant features. The proposed use and development will result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
m. 
Other adverse effects. The proposed site plan otherwise adversely affects the public health, safety, or general welfare.
(e) 
Effect of site plan approval. Approval of a site plan by the Village Board shall not authorize the establishment or extension of any 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 permits or approvals that may be required by the codes and ordinances of the Village, including, but not limited to, a zoning permit, special use permit, building permit, or occupancy permit.
(f) 
Limitations on site plan approval. Except in the case of an approved TND Traditional Neighborhood Development Overlay District and subject to an extension of time that may be granted by the Village Board in six-month increments but for no longer than one additional year, no site plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit, special use permit, or occupancy permit is issued and a use commences within that period.
(g) 
Substantial conformity with approved site plan required. The development of the site shall be in substantial conformity with filed and Village-Board-approved site plans.
(h) 
Adjustments to site plan during development. Adjustments to the site plan during development shall be considered as either minor adjustments or major adjustments based upon the following:
1. 
Minor adjustments. During the development of the site, the Village Director of Inspection Services may authorize minor adjustments to a site plan approved by the Village Board when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development.
a. 
Such minor adjustments shall be limited to the following:
1) 
Altering locations of structures. Altering the location of any one structure or group of structures by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.
2) 
Circulation. Altering the location of any circulation element by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such circulation elements and any structure, whichever is less.
3) 
Open space. Altering the location of any open space by not more than 20 feet with no overall reduction in the open space area provided.
4) 
Landscaping. Altering the location or type (but not size or number) of landscaping elements.
b. 
Such minor adjustments shall be consistent with the intent and purpose of this Zoning Code and the site plan as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this Zoning Code.
2. 
Major adjustments. Any adjustment to a site plan previously approved by the Village Board that is not specifically authorized by the preceding Subsection 4(h)1 shall be considered a major adjustment and shall be granted only upon the approval of the Village Board after recommendation by the Plan Commission.
(i) 
Amendments to the site plan following completion of development. After a site is developed according to an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations set forth in this Zoning Code, as amended, and as provided for original approval of site plans.
(j) 
Conditions may be placed on site plan approval.
1. 
The Plan Commission or Village Board (as applicable) may impose such conditions and limitations concerning the principles and standards of site plan review set forth in this section, as well as to other matters relating to the purposes and objectives of this Zoning Code upon the premises benefitted by a site plan approval as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and service; provided, however, that such conditions shall not be used as a device to grant a site plan approval for a use intended to be temporary in nature.
2. 
Such conditions and limitations imposed by the Plan Commission or Village Board (as applicable) shall be clearly and permanently set forth in the applicable minutes of the Plan Commission or Village Board meeting at which such approval was granted. The Plan Commission or Village Board (as applicable) may require that such conditions also be permanently marked on the approved site plan.
3. 
Violations of any such condition or limitation shall be a violation of this Zoning Code and shall constitute grounds for revocation of the site plan approval.
[1]
Editor's Note: This ordinance also renumbered former §§ 17.38 and 17.39 as §§ 17.41 and 17.42, respectively.
[Added 12-21-2010 by Ord. No. 854]
General. A landscape plan shall be prepared, and related plans and data shall be submitted to the Village Director of Inspection Services who shall transmit all landscape plan review applications and their accompanying landscape plan(s) and related plans and data to the Plan Commission for its review and Village Board approval. Four full-size copies of said landscape plan shall be submitted with 18 copies of the landscape plan review application. In addition to the full-size drawings required above, 18 copies of each such drawing submitted shall also be submitted as an eleven-inch-by-seventeen-inch black-and-white reduction. Landscape plan(s) submitted with landscape plan review applications shall include and show the following:
(1) 
Proposed name. The proposed name of the development.
(2) 
Location. The location of the proposed development.
(3) 
Names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer. The names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the registered landscape architect who prepared the plan.
(4) 
Date. Date of the landscape plan submittal and all applicable revision dates.
(5) 
Site boundary. The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.
(6) 
Landscape bufferyard easements and natural resource mitigation areas. All proposed landscape bufferyard easements and/or areas of natural resource mitigation clearly delineated and dimensioned and graphically shown in relation to all proposed lot lines and lots upon which said landscape bufferyard easements or mitigation areas are located.
(7) 
Location, extent, type, and size of existing trees and natural resource features.
(a) 
Location, extent, type (common name and scientific name for plant materials), and size of all existing trees and natural resource features in all areas of the proposed development designated as a landscape bufferyard easement and/or mitigation area.
(b) 
If any existing vegetation or other natural resource features are to be demolished or mitigated, the extent of such demolition or area to be mitigated shall be properly delineated and so noted on the landscape plan.
(8) 
Location, extent, type, and size of proposed landscape materials and plantings.
(a) 
Location, extent, type (common name and scientific name for plant materials), and size of proposed landscaping and landscape plantings in all areas of the proposed development, including areas designated as a landscape bufferyard easement and/or for areas that are to serve as landscaped entrances or other special landscaped features of the development.
(b) 
A summary table affixed to the landscape plan shall be submitted indicating all types, numbers, and sizes of all plant materials proposed to be used shall be indicated.
(9) 
Landscape plant material specifications.
(a) 
All new landscape plant materials shall be grown in a nursery located in Plant Hardiness Zone 4 (as defined by the U.S. Department of Agriculture).
(b) 
All new landscape plant material shall conform to the applicable requirements as specified in the current edition of American Standard for Nursery Stock as approved by the American National Standards Institute, Inc., and sponsored by the American Association of Nurserymen, Inc.
(c) 
Botanical plant names of plant materials shall be according to the current edition of Standardized Plant Names prepared by the American Joint Committee on Horticultural Nomenclature.
(10) 
Natural resource features mitigation plan required. If any natural resource feature is to be mitigated, either on site or off site, the plan for such mitigation in adequate detail, as required by the Plan Commission, shall be submitted with the landscape plan.
(11) 
Registered landscape architect to prepare landscape plans required. All landscape plans shall be prepared by a Wisconsin registered landscape architect.
(12) 
Maintenance. Areas of a development designated as landscape easement areas shall be maintained by the property owner and kept free of all debris, rubbish, weeds, and tall grass.
(13) 
Limitations on landscape plan approval. Except in the case of an approved TND Traditional Neighborhood Development Overlay District and subject to an extension of time that may be granted by the Village Board in six-month increments (but for no longer than one additional year), no landscape plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit, special use permit, or occupancy permit is issued and a use commences within that period.
[Added 12-21-2010 by Ord. No. 854]
(1) 
General. A lighting plan shall be prepared, and related plans and data shall be submitted to the Village Director of Inspection Services who shall transmit all lighting plan review applications and their accompanying lighting plan(s) and related plans and data to the Plan Commission for its review and Village Board approval. Four full-size copies of said lighting plan [See Subsection (1)(c) below.] shall be submitted with 18 copies of the lighting plan review application and all product specifications set forth in Subsection (1)(a) and (b) below. In addition to the full-size drawings required above, 18 copies of each such drawing submitted set forth in Subsection (1)(c), below shall also be submitted as an eleven-inch-by-seventeen-inch black-and-white reduction. Lighting plan(s) submitted with lighting plan review applications shall include and show the following elements:
(a) 
A catalog page, cut sheet, or photograph of the luminaire, including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cutoff angles.
(b) 
A photometric data test report of the proposed luminaire graphically showing the lighting distribution in all angles vertically and horizontally around the luminaire.
(c) 
A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting and/or installation height in feet, the overall illumination levels (in footcandles) and lighting uniformities on the site, and the illumination levels (in footcandles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels.
(d) 
Exterior lighting shall be limited to total cutoff-type luminaires (with angle greater than 90°). The maximum permitted illumination, as measured at the property line, shall be:
1. 
One-half footcandle, as measured from surrounding grade to the bottom of the luminaire, in single-family detached and two-family attached dwelling unit developments.
2. 
One footcandle, as measured from surrounding grade to the bottom of the luminaire, in townhouse and multiple-family dwelling uses and developments. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
3. 
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for commercial (business) uses in business zoning districts. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
4. 
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for commercial office uses in nonresidential zoning districts. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
5. 
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for institutional uses in nonresidential zoning districts. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
6. 
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for industrial uses. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
7. 
The maximum number of footcandles, as measured from surrounding grade to the bottom of the luminaire, allowed shall be determined by the Village Board with Plan Commission recommendation at the time of lighting plan review based upon local conditions and taking into account potential impacts on the surrounding neighborhood area. (Note: These standards do not address illumination levels which may be required by the Village of Greendale for the adequate lighting of public street rights-of-way or other public areas. It represents maximum illumination levels on private property.)
(2) 
Measurement. For the purposes of this section, light shall be measured as follows:
(a) 
Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall be read within an accuracy of plus or minus 5%. The meter shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within 30 days of its use.
(b) 
Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position at the interior line of the bufferyard or at the property line, as required herein. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. In order to eliminate the effects of moonlight and other ambient light, measurements shall be made after dark with the light source in question on, then with the same source off. The differences between the two readings shall be compared to the maximum permitted illumination allowed under this subsection.
[Amended by Ord. No. 719; 4-17-2001 by Ord. No. 779]
(1) 
An application for a variation, appeal, amendment or special use permit shall be filed with and accompanied by a fee payable to the Village Clerk-Treasurer as set by the Village Board.
[Amended 5-20-2008 by Ord. No. 840]
(2) 
Where the actual costs required for publication exceed the fees, the applicant shall reimburse the Village for the additional costs thereof.
(3) 
In all instances, an additional charge of 10% of the total fee shall be paid by the applicant to defray administrative costs.
[Amended by Ord. No. 570; Ord. No. 719; 5-20-2008 by Ord. No. 840]
(1) 
(Reserved)
(2) 
If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the proper authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(3) 
Any person violating any provision of this chapter shall be subject to a forfeiture as provided in § 25.04 of this Code.