Village of Greendale, WI Administration and Enforcement

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]

17.31 Zoning certificate.

(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.

17.32 Certificate of occupancy.

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).

17.33 Zoning Board of Appeals.

(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.

17.34 Plan Commission.

(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.

17.35 Amendments.

(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).

17.36 Special uses.

(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:

The special use has not continued in conformity with the conditions imposed in the approval or any amendments thereto.

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.

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.

17.363 Regulation of tourist homes.

[Added 11-20-2018 by Ord. No. 904]

(1)

Purpose. The following tourist home establishment licensing regulations are created to ensure that applicable state laws are followed, to protect persons engaged in this practice either as landlord or tenant; to protect against adverse impacts of noise, odor, disturbance, adverse visual impacts, or other nuisances, that this practice could have upon neighboring properties; to preserve property values for the commercial benefit of the Village; and also to control the impacts of such operations on municipal services, including snowplowing, garbage collection, sanitation, law enforcement and fire protection.

(2)

License required. No tourist home establishment may operate in the Village unless a tourist home establishment license for such operation is granted by the Village, and only in full compliance with such license. A separate license is required for each rental year from July 1 to June 30.

(3)

Application. Application for license shall be made by the property owner in writing to the Building Inspector upon forms provided by the Village. Such application must be filed with the Building Inspector no later than one week (168 hours) prior to the proposed tourist home period of use. The Building Inspector is authorized to issue the tourist home permit if the Village staff finds that the application meets all requirements of this section, and the Village staff may include such conditions as the Village staff deems to be necessary or appropriate to ensure compliance with this section. The application must include all of the following:

(a)

Address of tourist home establishment.

(b)

Name (include full legal name with middle initial), address, telephone number and email address of tourist home establishment owner.

(c)

Name (include full legal name with middle initial), address, telephone number and email address of tourist home establishment operator, if different from the owner or if owner is a trust or entity other than an individual.

(d)

If the owner resides more than 40 miles from the tourist home establishment, name (include full legal name with middle initial), address, telephone number and email address of owner's agent who is located within 40 miles of the tourist home establishment.

(e)

Name (include full legal name with middle initial), address, telephone number and email address of person renting the tourist home establishment, and of all persons occupying the unit 18 years of age or older.

(f)

Starting date of the 180-day annual rental period.

(g)

A copy of the application for the State Tourist Rooming House License for the tourist home establishment.

(h)

Proof that the tourist home establishment complies with the Wisconsin Commercial Building Code as required by § ATCP 72.14, Wis. Adm. Code.

(i)

Proof of property and liability insurance covering the tourist home establishment property and use.

(j)

A list of all property that may be used by the tourist home establishment tenants including for example whether tenants are permitted to use the house, any guest house, any garage, golf carts, or particular amenities of the tourist home establishment property.

(k)

The total square footage of the principal structure used as a tourist home establishment.

(l)

The total number of bedrooms, and total number of beds used for the tourist home establishment.

(4)

Fees. The applicant shall pay such fee as may be established from time to time by the Village Board by separate resolution, for each tourist home establishment license application, along with all other applicable fees, which may include room taxes and health license fees.

(5)

Minimum standards; conditions under which permitted. A license shall not be granted for a tourist home establishment unless all of the following conditions are met:

(a)

Transfer of a license because of transfer or sale of property is not permissible. Should such property be sold, then the license shall become void.

(b)

All tourist home establishments shall be subject to and comply with Chapter 97, Wis. Stats., including maintaining a tourist rooming house annual license as required by § 97.605(1)(a), Wis. Stats., which sections are incorporated herein by reference.

(c)

All tourist home establishments shall be subject to and comply with Chapter ATCP 72, Wis. Adm. Code, which is hereby incorporated by reference.

(d)

Each tourist home establishment shall be required to keep a register and require all guests to sign such register using their actual legal names including middle initial and address before being assigned quarters. The register shall be available for inspection by the Greendale Chief of Police, and Village Administrator or designee for a period of not less than one year.

(e)

A minimum of one off-street parking stall shall be provided for every guest bedroom. All parking areas shall meet the size and location requirements of the Village Code and shall be hard-surfaced and maintained in a reasonably dustless condition.

(f)

Every tourist home establishment shall be properly addressed with numbers on the street side of the structure, a minimum of three inches high and of contrasting color so as to be visible from the street.

(g)

The Village Administrator shall consider the potential impact to the surrounding neighborhood and proximity to any existing bed-and-breakfast establishment or tourist home establishment when reviewing a request for a tourist home establishment license.

(h)

Whenever the property changes ownership, a new license is required to ensure compliance with all state and local regulations and ordinances.

[Amended 8-20-2019 by Ord. No. 911]

(i)

All refuse containers shall be screened from view.

(j)

If the Village finds that any statement made on the license application is incorrect, at any time, the Village may immediately and summarily revoke the license.

(k)

Sleeping quarters related to a tourist home establishment use shall only be located within the principal structure on the lot. Accessory buildings, including legal nonconforming guest houses, cannot be used for sleeping quarters.

(l)

Property that is used for a tourist home establishment must have clearly delineated property lines and clearly delineated common area if applicable, by approved fences, vegetation or other means to the satisfaction of the Village Administrator. Such clear delineation must be maintained for the duration of the license, to ensure that all users of the property are clearly aware of the boundaries of the property and common areas and confine their use to the applicable parcel and common areas of condominium developments.

(m)

Unless the property is connected to a municipal sewer system, the petitioner/owner must provide to the Village Administrator proof that is satisfactory to the Village Administrator that the septic system is properly sized for purposes of the proposed use. Such septic system must be properly maintained at all times for the duration of the license.

(n)

The tourist home establishment occupancy limits shall not exceed the lesser of the following occupant limitations at any time: a) the number of occupants allowed by § ATCP 72.14(2)(b), Wis. Adm. Code, per bedroom; b) eight occupants per 1,000 square feet of living area within the principal structure; c) the number of occupants for which there are beds available within the proposed tourist home establishment structure provided that the beds do not include temporary beds (cots, air beds, foldout beds, or futon couches) and each bed shall count for one occupant except each queen- and king-sized bed shall count for two occupants; d) 20 occupants.

(o)

The parcel cannot have more people on site than the higher of 20 people or the maximum number of people allowed under § ATCP 72.14(2)(b), Wis. Adm. Code.

(p)

The petitioner/owner must provide a copy of this section and a copy of the license to all parties using the property for tourist home purposes, prior to commencement of each such use.

(6)

[1]Penalties. Owners and operators of a tourist home shall ensure that the property is in compliance with this § 17.363 at all times, and shall be liable for all violations, jointly and severally. Violation of this § 17.363 is subject to the standard penalties of this chapter and this Code, except that the penalty amounts are modified as follows. Violations of this § 17.363 are subject to penalties in the maximum amount of $10,000 and minimum amount of $1,000, for each day of violation, and under no circumstance shall a penalty be imposed that is less than the rental amount charged. Citations for violation of this § 17.363 shall be written as "must appear."

[1]

Editor's Note: Former Subsections (6), Annual limit, and (7), Prohibition, were repealed 8-20-2019 by Ord. No. 911. Pursuant to said ordinance, former Subsection (8) was renumbered as Subsection (6).

17.365 Temporary uses and temporary signs.

[Added 7-23-1999 by Ord. No. 768; amended 4-17-2001 by Ord. No. 779; 10-17-2017 by Ord. No. 889; 10-16-2018 by Ord. No. 899]

(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, except as described otherwise herein. Such body 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.

[Amended 3-21-2023 by Ord. No. 948]

(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:

Lot, block, and recorded subdivision or by metes and bounds.

Address of the subject site.

The zoning district within which the subject site lies.

Type of structure.

Type of use proposed.

A word description of the existing and proposed operation and use of the structure or site, including any storage needs.

Proposed hours of operation.

Number of employees.

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 appropriate body 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 applicable meetings.

[Amended 3-21-2023 by Ord. No. 948]

(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 upon due consideration of all recommendations received in the matter.

[Amended 3-21-2023 by Ord. No. 948]

(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:

Trash and debris. All trash and debris shall be removed or contained daily.

Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.

Signage. All signage shall be according to the Village of Greendale sign regulations.

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.

Removal of materials and equipment. All materials and equipment shall be removed within two days of the end of the operation.

Hours of operation. The hours of operation shall be determined by the Village Board.

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.

Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.

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:

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.

Noise and lighting impacts on residential areas. The outdoor dining area shall be designed to avoid noise or lighting impacts on residential areas.

Hours of operation of the outdoor dining area. The hours of operation of the outdoor dining area shall be set by the Village Board.

No cooking or food preparation outdoors. There shall be no cooking or food preparation outside of a building.

Off-street parking requirements to be met. All off-street parking requirements of this chapter shall be met.

Maintenance. All outdoor dining areas shall be maintained in a clean and safe manner and kept free from refuse and debris.

No outdoor storage permitted. There shall be no outdoor storage permitted in conjunction with an outdoor dining area.

No additional signage permitted. There shall be no additional outdoor signage permitted in conjunction with an outdoor dining area.

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)

Temporary outdoor retail displays and sales are not subject to this § 17.365, but are regulated by § 17.368.

(d)

Special community events. Special community events shall be required to receive a special community events permit and are subject to the approval of the Village Board, as follows. Village staff shall first refer the matter to the Public Celebrations Committee for report and recommendation, which shall be in lieu of a referral to the Village Plan Commission. Where special community event uses may be permitted as a temporary use, the following specific standards apply:

[Amended 3-21-2023 by Ord. No. 948]

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.

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.

Considered as an accessory use. The temporary use shall be considered an accessory use to the principal use of the property.

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.

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.

Trash and debris. All trash and debris shall be removed or contained daily.

Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.

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:

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.

Inflatable advertising devices or signs.

Changeable copy and portable trailer signs, either fixed or moveable.

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).

Statues and stuffed animals.

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.

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 applicant shall place on file with the Village Clerk, at least 10 days prior to the special community event, 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.

18.

Permit fee. The applicant shall pay a special community event permit fee prior to any permit being effective, in the amount specified in the Village Fee Schedule,[1] except as described herein. In addition, the recipient of a special community event permit shall be required to reimburse the Village for any Village services for actual costs incurred. Greendale organizations as defined in § 17.365(4)(f) are subject to reduced fees as shown in the Village Fee Schedule and are exempt from the reimbursement obligation described in this Subsection (4)(d)18. The Village Manager shall have the authority to determine applicability of the fee exemption provided for Greendale organizations; provided, however, that the Village Manager and/or any applicant may request Village Board review of a decision by the Village Manager regarding the applicability of the fee exemption.

[1]

Editor's Note: The Fee Schedule is on file in the Village offices.

19.

Timing of decision and judicial review. All permit applications for special community events must be received at least 45 working days before the special community event is scheduled to begin, unless waived by the Village Manager for a Greendale organization due to exigent circumstances. All permits denied by the Village Board may be appealed to the Milwaukee County Circuit Court for review. If a special community event permit is not acted upon prior to the scheduled day of the event, the permit is deemed to be granted.

20.

Additional permits. The provisions of this § 17.365 of the Code are not to the exclusion or prejudice of such other state, federal or local laws that may apply. The applicant is required to apply for and receive all other applicable permits required by law.

(e)

Special private events. Special private events as defined herein shall be required to receive a special private event permit and are subject to the approval of the Village Board, as follows. Village staff shall first refer the matter to the Public Celebrations Committee for report and recommendation, which shall be in lieu of a referral to the Village Plan Commission. Where special private event uses may be permitted as a temporary use, the following specific standards apply:

[Added 3-21-2023 by Ord. No. 948]

Considered as an accessory use. The temporary use shall be considered an accessory use to the principal use of the property.

Trash and debris. All trash and debris shall be removed or contained daily.

Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.

Securing of sale items during hours of nonoperation. All items for sale shall be moved to an indoor secured location during hours of nonoperation.

Duration. The duration of the certificate of occupancy for a temporary use shall be determined by the Village Board.

Hours of operation. Hours of operation are to be established by the Village Board.

Permit fee. The applicant shall pay a special private event permit fee prior to any permit being effective, in the amount specified in the Village Fee Schedule,[2] except as described herein. In addition, the recipient of a special private event permit shall be required to reimburse the Village for any Village services for actual costs incurred. Greendale organizations as defined in § 17.365(4)(f) are subject to reduced fees as shown in the Village Fee Schedule and are exempt from the permit fee and the reimbursement obligation described in this § 17.365(4)(e). The Village Manager shall have the authority to determine applicability of the fee exemption provided for Greendale organizations; provided, however, that the Village Manager and/or any applicant may request Village Board review of a decision by the Village Manager regarding the applicability of the fee exemption.

[2]

Editor's Note: The Fee Schedule is on file in the Village offices.

10.

Timing of decision and judicial review. All permit applications for special private events must be received at least 45 working days before the special private event is scheduled to begin. All permits denied by the Village Board may be appealed to the Milwaukee County Circuit Court for review. If a special private event permit is not acted upon prior to the scheduled day of the event, the permit is deemed to be granted.

11.

(f)

Definitions. As used in this section, the following terms shall have the meanings indicated:

[Added 3-21-2023 by Ord. No. 948]

GREENDALE ORGANIZATION

Any organization specified in § 70.11(12)(a), Wis. Stats., that has a headquarters or local office located in the Village of Greendale.

A nonprofit educational, religious, community service, or benevolent institution that is located within the Village of Greendale and is specifically dedicated to public services and/or activities within the Village of Greendale as demonstrated by its articles of incorporation, bylaws, or other similar organizational documents to the satisfaction of the Village Manager.

The Village of Greendale Village governmental body and its departments.

SPECIAL COMMUNITY EVENT

Any planned event open to the public on public highways or streets in the Village or on other property owned by the Village, including, but not limited to, processions, parades, runs, walks, marathons, bicycle races, block parties, transient or temporary public entertainment, festivals or celebrations, neighborhood events, and any event on public property that includes the issuance of a temporary alcohol license. Events held on public or private school grounds that are for normal school purposes are excluded from the definition of a "special community event." Use of Village-owned facilities or grounds for private purposes that is not open to the general public is not a special community event and is not regulated as such, though separate rental and use policies may apply and a permit may be required per § 19.01 of this Code.

SPECIAL PRIVATE EVENT

Any planned event held solely on private property, but which may require extraordinary services by any Village department, and any event on private property that includes the issuance of a temporary alcohol license. Events held on public or private school grounds that are for normal school purposes are excluded from the definition of a "special private event."

(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:

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.

Violations of other statutes, ordinances, or laws.

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.

(11)

Temporary signs shall be placed in conformance with this Code for no longer than 120 days, unless a longer time is expressly allowed by § 12.04, Wis. Stats., or other applicable laws, in which case the shortest period required by such statute applies; or as follows.

(a)

Signs on property under construction. Temporary signs are permitted by the Director of Inspection Services in any district for the duration of a building permit, where a building permit is in effect and construction is occurring. The Director of Inspection Services may restrict the number, size, and location of temporary signs on any property to ensure safety for traffic and pedestrians.

(b)

Signs on property marketed for sale or lease. Temporary signs may remain on a property for all time that the property is actively marketed, as defined herein, for sale or lease. Whether the property is being actively marketed for sale or lease shall be subject to the determination of the Director of Inspection Services. The sign must be removed no later than 10 calendar days after the active marketing of the property is concluded. The total sign area requirements of the district in which the sign is located shall apply.

17.368 Temporary outdoor retail displays and sales.

[Added 10-17-2017 by Ord. No. 889]

(1)

Applications for temporary outdoor retail displays and sales. Application for temporary outdoor retail displays and sales shall be made to the Zoning Administrator. The Zoning Administrator shall then transmit the application for temporary outdoor retail displays and sales to the Village Manager for his review and comment. The Zoning Administrator may require some or all of the following information to be included with an application for temporary outdoor retail displays and sales.

(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:

Lot, block, and recorded subdivision or by metes and bounds.

Address of the subject site.

The zoning district within which the subject site lies.

Type of structure (if any).

Type of use proposed.

A word description of the existing and proposed operation and use of the structure or site, including any storage needs.

Proposed hours of operation.

Number of employees.

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 outdoor retail displays and sales, 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 Manager, Zoning Administrator, or Village Planner.

(2)

Village staff review of application. The Zoning Administrator shall refer the application and related data to appropriate Village departments for their study and/or comment to the Zoning Administrator.

(3)

General standards for temporary outdoor retail displays and sales. No certificate of occupancy for temporary outdoor retail displays and sales shall be issued by the Zoning Administrator pursuant to this chapter unless the following standards are met:

Destruction of significant features. The proposed temporary outdoor retail displays and sales 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 outdoor retail displays and sales 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 Manager, Police Department, Fire Department, Village Health Department, and/or Zoning Administrator.

(4)

Detailed standards for temporary outdoor retail displays and sales. The following are specific standards, which shall apply:

(a)

Temporary outdoor retail displays and sales. Temporary outdoor retail displays and sales uses may be permitted in the B-1, B-2, B-3, and B-4 Business Districts only. Temporary outdoor retail displays and sales uses shall not be permitted in any other zoning district. Said temporary outdoor retail displays and sales uses do not include special community events regulated under Subsection 17.365(4)(d) of this Code. Where temporary outdoor retail displays and sales uses may be permitted, the following specific standards shall be used:

Display prohibited on public land and public rights-of-way. No temporary outdoor retail displays and sales uses shall be located on Village-owned land or public rights-of-way.

Location. The use shall be restricted to a clearly defined area on the property as approved by the Zoning Administrator.

No temporary outdoor retail displays and sales uses permitted not accessory to enclosed building. No temporary outdoor retail displays and sales uses shall be permitted which are not accessory to a permanent enclosed use. No structures, other than those already existing on the subject property, can be permitted under a temporary outdoor retail displays and sales permit.

Considered as an accessory use. The temporary outdoor retail displays and sales use shall be considered an accessory use to the principal use of the property.

Visibility. The location of temporary outdoor retail displays and sales 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.

Trash and debris. All trash and debris shall be removed or contained daily.

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:

Inflatable advertising devices or signs.

Changeable copy and portable trailer signs, either fixed or moveable.

Statues and stuffed animals.

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 outdoor retail displays and sales 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 outdoor retail displays and sales 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 outdoor retail displays and sales 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 if required by the Zoning Administrator.

16.

Fire hazards. All temporary outdoor retail displays and sales areas shall be maintained in such a manner so as to eliminate insofar as possible any fire hazard.

17.

Duration. Temporary outdoor retail displays and sales permits shall be issued by the Zoning Administrator for specific periods of time. All permits expire on December 31 of the year in which they are issued.

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 temporary outdoor retail displays and sales 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 temporary outdoor retail displays and sales 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 Manager, Police Department, Fire Department, Village Health Department, and/or Zoning Administrator.

(b)

If an application does not meet the code provisions of § 17.368, the use is denied unless it is authorized and approved as provided under another section of this Code.

(5)

Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Administrator shall consider the following:

(a)

Public benefit. Whether and to what extent the proposed temporary outdoor retail displays and sales at the particular location requested are 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 outdoor retail displays and sales at another site or in another area that may be more appropriate than the proposed site.

(c)

(6)

Conditions on certificate of occupancy for temporary outdoor retail displays and sales. The Zoning Administrator 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 Zoning Administrator 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 temporary outdoor retail displays and sales. 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 temporary outdoor retail displays and sales.

(7)

Effect of issuance of a certificate of occupancy for temporary outdoor retail displays and sales. The granting of a certificate of occupancy for temporary outdoor retail displays and sales 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 temporary outdoor retail displays and sales shall not be deemed as precedent setting.

(8)

Limitations on certificate of occupancy for temporary outdoor retail displays and sales.

(a)

Time limitations. Subject to an extension of time granted by the Zoning Administrator.

(b)

Temporary outdoor retail displays and sales discontinuance. A certificate of occupancy for temporary outdoor retail displays and sales shall be deemed to authorize only the particular temporary outdoor retail displays and sales for which it was issued. Such certificate of occupancy for temporary outdoor retail displays and sales 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 temporary outdoor retail displays and sales. A certificate of occupancy for temporary outdoor retail displays and sales 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 temporary outdoor retail displays and sales.

(10)

Review of certificate of occupancy for temporary outdoor retail displays and sales. An existing certificate of occupancy for temporary outdoor retail displays and sales may be reviewed by the Village as follows:

(a)

The Zoning Administrator may review and revoke a certificate of occupancy for temporary outdoor retail displays and sales if any of the following determinations are made by the Zoning Administrator:

Temporary outdoor retail displays and sales have not continued in conformity with the Village's conditions of approval of the certificate of occupancy for temporary outdoor retail displays and sales or with any subsequent amendments to the certificate of occupancy for temporary outdoor retail displays and sales.

Violations of other statutes, ordinances, or laws.

A change in the character of the surrounding area or in the temporary outdoor retail displays and sales itself, which has caused the temporary outdoor retail displays and sales to become incompatible with the surrounding uses.

(b)

The determination of a review for revocation of a granted certificate of occupancy for temporary outdoor retail displays and sales 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 temporary outdoor retail displays and sales as to the reason(s) for the review.

(c)

Upon review for revocation of the certificate of occupancy for temporary outdoor retail displays and sales, the Zoning Administrator may take no action, revise the certificate of occupancy for temporary outdoor retail displays and sales, specify additional conditions to be added to the certificate of occupancy for temporary outdoor retail displays and sales, or may terminate the certificate of occupancy for temporary outdoor retail displays and sales.

17.3610 Wireless telecommunications mobile service facilities.

[Added 7-17-2001 by Ord. No. 781; amended 4-2-2019 by Ord. No. 906; 8-20-2019 by Ord. No. 912]

(1)

Purpose. This section is intended to regulate mobile service facilities to the full extent allowed by § 66.0404, Wis. Stats., and other applicable laws. Nothing herein is intended to regulate or to authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by § 66.0404, Wis. Stats., or other applicable laws.

(2)

Definitions. All terms used herein shall have the meaning described in § 66.0404(1), Wis. Stats.

(3)

New towers and facilities. In addition to the special use review required by § 17.36, the siting and construction of a new mobile service support structure and facilities shall be subject to the following requirements:

(a)

Application process. The Applicant shall submit a written application which shall include all of the following information:

The name and business address of, and the contact individual for, the Applicant.

The location of the proposed tower.

The location of the mobile service facility.

A construction plan which describes the tower, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.

An explanation as to why the Applicant chose the proposed location, and why the Applicant did not choose co-location, including a sworn statement from the responsible party attesting that co-location within the Applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.

(b)

Determination of completeness within 10 days of submittal. The Village Manager or the Village Manager's designee shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village Manager or the Village Manager's designee shall notify the Applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until they are complete.

(c)

Conditional use review procedure. The wireless telecommunications mobile service facility shall be a conditional use; however, it is not subject to § 17.08(5)(d) or § 17.36 of this Code, and instead shall be reviewed pursuant to the following procedures:

Plan Commission. Within a reasonable time after an application and all required information have been filed, the matter shall be referred to the Village Plan Commission for its review and recommendation to the Village Board. The Plan Commission may choose to attend the public hearing, described below, jointly with the Village Board, prior to making its recommendation.

Public hearing. Upon Class 2 notice, a public hearing shall be held by the Village Board in accordance with § 62.23(7)(d) and (de), Wis. Stats., and in addition mailed notice shall be attempted to all owners of property located within 300 feet of the property lines of the proposed location at least 10 days before the public hearing.

[Amended 5-24-2022 by Ord. No. 940]

Fee. Any application shall be accompanied by a fee as set from time to time by the Village Board to defray the cost of notification and holding of public hearing. Costs incurred by the Village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the Applicant. Such fee shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.

Requirements.

Conditional use status shall not be granted to communication towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. If an Applicant provides the Village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the Village has and provides to the Applicant substantial evidence that the engineering certification is flawed.

All facilities shall meet all state and federal codes.

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:

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.

Adequate public facilities. Will be served adequately by any required essential public facilities and services.

Traffic congestion. Will not cause undue traffic congestion or 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.

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 features of significant importance.

Hazard protection. Will reasonably protect persons and property from erosion, flooding, fire, noise, glare, falling debris or ice, or similar hazards.

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.

Compatible with adjacent land. The uses, values and enjoyment of other Village property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.

[Added 8-18-2020 by Ord. No. 924]

Welfare. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

[Added 8-18-2020 by Ord. No. 924]

Not impede surrounding property development and improvement. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding Village property for uses permitted in the district.

[Added 8-18-2020 by Ord. No. 924]

Aesthetic requirements. All wireless telecommunications facilities shall comply with the following aesthetic standards:

In areas where facilities are currently nonexistent or underground, undergrounding is required.

No new aboveground structures, including co-locations on existing structures, shall be placed within 500 feet of structures representative of the greenbelt planned community development, which earned Greendale designation as a National Historic Landmark by the U.S. Department of the Interior. The historic structures subject to this requirement are all structures built prior to 1945, unless the Applicant can demonstrate that a particular structure is not representative of the historic greenbelt development. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.

Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.

Any party objecting to the requirements of this Subsection (3)(c)5 shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of state or federal law, upon application to the Village Board, and the Village Board shall waive the requirement if it finds the standard to effectively prohibit the expansion of wireless technology in the Village or otherwise violates state or federal law.

Determination. The Village Board shall make a decision on the application within a reasonable time after the public hearing, provided further that final action shall be taken within 90 days of receipt of a complete application unless the time is extended by the Applicant. Said decision shall be stated in writing and a copy made a permanent part of the Village records. If conditional use status is not granted, the reasons therefor will be included in such record.

Changes or additions. Subsequent change or addition to the approved plans or use shall first be submitted to the Plan Commission for recommendation to the Village Board, and then to the Village Board for action. If, in the opinion of the Village Board, such change or addition constitutes a substantial alteration, a public hearing to be held before the Village Board shall be required and notice thereof be given pursuant to this chapter.

Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, among other issues as deemed appropriate, may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter; subject to the limitations of § 17.3610(3)(d), below. Particular conditions may include the following:

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.

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.

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.

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).

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.

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.

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.

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 co-location 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:

Accommodate both the Applicant's antennas and comparable antennas.

Allow for the future rearrangement of antennas upon the commercial communication tower or structure.

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.

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.

All buildings, enclosures, equipment, and other associated devices shall be kept locked at all times.

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.

The aggregate floor area of all buildings and enclosures shall not exceed 500 square feet per tower.

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.

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.

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.

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.

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:

Inflatable advertising devices or signs.

Changeable copy and portable trailer signs, either fixed or moveable.

Statues and stuffed animals.

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 Village Board upon receipt of a recommendation from the Plan Commission.

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 Village Board upon receipt of a recommendation from the Plan Commission. Electrical fencing is prohibited. All fencing shall meet the applicable fence requirements of the Village of Greendale Code.

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.

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.

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.

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.

All landscaping requirements detailed here shall be properly maintained in perpetuity.

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

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 or 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.

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.

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.

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.

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(ies) 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(ies) 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(ies) 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(ies) 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(ies) shall be at the owner's expense.

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.

Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.

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 $20,000 to guarantee 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(ies) within six months of the discontinuance of their use.

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 $2,000,000 per person, $2,000,000 for each accident and $6,000,000 property damage. Said certificate or certificates of insurance shall be furnished the Zoning Administrator annually.

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.

Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this section subject to the violations and penalties provisions of §§ 17.42 and 25.04 of this Code. Each day that the debris remains after such time constitutes a separate offense.

aa.

No assignment. The respective rights and obligations granted to the Applicant shall not be assigned to any other person or entity without the express written consent of the Village, except to any entity which controls, is controlled by, or is under common control with the Applicant, or to any partner, or to any partnership which the Applicant is general partner.

(d)

Limitations upon authority. The Village review and action in the matter shall be subject to the limitations imposed by § 66.0404(4), Wis. Stats. In the event the Applicant believes the Village has exceeded its authority in this regard, the Applicant shall notify the Village Board in writing, and the Village Board reserves the right to reconsider the matter, to ensure that applicable laws are followed.

(4)

Modifications. The construction of modifications to an existing mobile service support structure or mobile service facility shall be subject to the following requirements:

(a)

Substantial modification.

Application and review process. The application and review process for a substantial modification is identical to the application and review process for a new tower, as described in § 17.3610(3)(d), above, except that the required plans should describe the proposed modifications, rather than describe the new structure.

(b)

Not substantial modifications.

Application information. The Applicant shall submit a written application that describes the Applicant's basis for concluding that the modification is not substantial, and all of the following information:

The name and business address of, and the contact information for, the Applicant.

The location of the affected support structure.

The location of the proposed facility.

Completeness determination within five days. The Village Manager or Village Manager's designee will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village Manager or Village Manager's designee must notify the Applicant in writing within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete. The Applicant may resubmit as often as necessary until it is complete.

Fee. Any application shall be accompanied by a fee as set from time to time by the Village Board to defray the cost of review. Costs incurred by the Village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the Applicant. Such fee shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.

Determination. The Village Board shall make a decision on the application within a reasonable time, provided further that final action shall be taken within 45 days of receipt of a complete application unless the time is extended by the Applicant. Said decision shall be stated in writing and a copy made a permanent part of the Village records. If approval is not granted, the reasons therefor will be included in such record.

Limitations upon authority. The Village review and action in the matter shall be subject to the limitations imposed by Wisconsin Statutes Section 66.0404(4), and such other laws as may apply which may include 47 U.S.C.A. § 1455. In the event the Applicant believes the Village has exceeded its authority in this regard, the Applicant shall notify the Village Board in writing, and the Village Board reserves the right to reconsider the matter, to ensure that applicable laws are followed.

17.37 Historic designation.

[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]

17.38 Site plan.

[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:

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.

Project phase dates and timing of development. The approximate dates for the beginning and completion of each development phase, or stage, shall be indicated.

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:

Trade area.

Population of trade area, present and projected.

Effective buying power in the trade area, present and projected (for retail).

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:

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.

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.

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:

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.

Interference with easements or public rights-of-way. The proposed site plan interferes with easements or public rights-of-way.

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.

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.

Inadequate bufferyards or screening. The bufferyards or screening of the site does not provide adequate shielding from or for nearby uses.

Lacking amenity. The proposed structures or landscaping are unreasonably lacking amenities in relation to, or are incompatible with, nearby structures and uses.

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.

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.

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.

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.

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.

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.

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:

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.

Such minor adjustments shall be limited to the following:

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.

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.

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.

Landscaping. Altering the location or type (but not size or number) of landscaping elements.

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.

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.

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.

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.

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.

17.39 Landscape plan.

[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.

17.40 Lighting plan.

[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:

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.

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.

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.

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.

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.

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.

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.

17.41 Fees and costs.

[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.

17.42 Violations and penalties.

[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.