[HISTORY: Adopted by the Village Board of the Village of
Fox Point 4-22-1958 by Ord. No. 264 (Ch. 14 of the 1961 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Stormwater management, erosion control and bluff regulation — See Ch. 285.
Signs — See Ch. 540.
Offenses against public peace, safety and welfare — See Ch. 670.
Property maintenance — See Ch. 681.
Floodplain zoning — See Ch. 724.
Subdivision of land — See Ch. 738.
Building construction — See Ch. 756.
The Village of Fox Point is a community in the metropolitan
area of Milwaukee County, in which Village substantially all of the
land and real property has been or is being developed for private
residential purposes by the owners thereof, and territory accessible
to the inhabitants of the Village is now occupied by, or is available
for, manufacturing and industrial purposes more than sufficient for
the general needs of the inhabitants of the Village, and it is the
desire of the inhabitants and property owners to preserve the residential
character of the Village, and in the opinion of the Board of Trustees,
the enactment of the regulations of this chapter is essential for
the promotion of the public health, morals and public safety, and
is further necessary for the promotion of the public welfare, convenience
and general prosperity of the Village and its inhabitants by the prevention
of unregulated and unrestricted development.
In interpreting and applying the provisions of this chapter,
such provisions shall be deemed to be the minimum requirements adopted
for the public health, morals and safety, and for the promotion of
convenience, comfort and general welfare of the inhabitants of the
Village, but it is not intended to interfere with or abrogate any
existing easements or other agreements between individuals, but when
this chapter imposes a greater restriction, the provisions of this
chapter shall control, and the following words, when used in this
chapter, shall have the meaning hereinbelow set forth:
That portion of a lot which will be unoccupied after the
erection of a building or buildings for which a permit has been duly
requested. In computing such open area, the lot shall be considered
as extending not further than the side line of any street or area
reserved for highway purposes upon which a lot abuts, except when
this chapter specifically provides otherwise.
Area reserved for highway purposes or for ingress and egress
to the premises as well as a public highway.
Any structure used, designed or intended for the protection,
shelter or roofed enclosure of persons, animals or property.
A building or portion of a building used for a purpose customarily
incident to the permitted principal use of the lot and located on
the same lot as the principal use.
The building in which is conducted the principal use as permitted
on such lot by the regulations of the district in which it is located.
The minimum horizontal distance between the front line a
building and the front lot line or side line of the street or area
reserved for highway purposes, whichever is nearer, except that the
roof of a building or any attachments thereto may extend over said
front yard a distance of not to exceed one foot.
The minimum horizontal distance between the rear line of
a building and the rear lot line or side line of the street or area
reserved for highway purposes, whichever is nearer, except that the
roof a building or any attachments thereto may extend over said rear
yard a distance of not to exceed one foot.
A building having accommodations for one family only, provided
that the building may provide quarters for bona fide servants though
they constitute a family as defined in this section.
One or more persons related by blood, adoption or marriage
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons but not exceeding three
living and cooking together as a single housekeeping unit though not
related by blood, adoption or marriage shall be deemed to constitute
a family.[1]
A line drawn through the point of a building as defined above
nearest to, and parallel with, the front lot line or the side line
of a street or area reserved for highway purposes, whichever is nearer.
An open area on the same lot with a building between the
front line of any building and the front lot line, or the side line
of the street or area reserved for highway purposes, whichever is
nearer, extending the full width of the lot.
A structure primarily intended for and used for the enclosed
storage or shelter of the private motor vehicles of the family resident
upon the premises. Carports shall be considered garages within this
definition.
Any garage not falling within the definition of "private
garage" as herein established.
A parcel of land, whether unplatted or platted, in whole
or in part, all of which is owned legally or under a land contract
by the same person or persons and which is treated or occupied by
them as a unit for a use permitted by this chapter.
Any use of a building or premises which does not conform
to the regulations of the district in which it is situated as provided
for by this chapter.
Land, water bodies, and structures, along with accessory
equipment, designed and utilized for leisure time activities of a
predominantly outdoor nature and of more specific active purposes
than park-like open areas.[2]
A line drawn through the point of a building as defined above
nearest to, and parallel with, the rear lot line or the side line
of a street or area reserved for highway purposes, whichever is nearer.
An open area on the same lot with a building, between the
rear lot line and the rear line of any building, extending the full
width of the lot, except that where the rear of said lot abuts upon
a street or area reserved for highway purposes, the rear yard shall
extend only to the side of said street or area reserved for highway
purposes.
A line drawn through the point of the building nearest to,
and parallel with, the side lot line or the side line of a street
or area reserved for highway purposes, whichever is nearer.
An open area on the same lot with a building between the
side lot line and the side line of any building, extending from the
front yard to the rear yard, except that where the side of said lot
abuts upon a street or area reserved for highway purposes, the side
yard shall extend only to the side of said street or area reserved
for highway purposes.
A system intended to convert solar energy into thermal, mechanical
or electrical energy.
[Added 3-10-2020 by Ord.
No. 2020-02]
A solar energy system that is mounted flush with a finished
building surface, at no more than six inches in height above that
surface.
[Added 3-10-2020 by Ord.
No. 2020-02]
A solar energy system mounted on the ground and not attached
to any other structure other than structural supports.
[Added 3-10-2020 by Ord.
No. 2020-02]
A solar energy system that is an integral part of a principal
or accessory structure, rather than a separate mechanical device,
replacing or substituting for an architectural or structural part
of the structure. Structure-integrated systems include, but are not
limited to, photovoltaic or hot water systems that are contained within
roofing materials, windows, skylights, shading devices and similar
architectural components.
[Added 3-10-2020 by Ord.
No. 2020-02]
A solar energy system that is mounted on the facade or roof
of either a principal or accessory structure.
[Added 3-10-2020 by Ord.
No. 2020-02]
A combination of materials other than natural terrain or
plant growth erected or constructed to form a shelter, enclosure,
retainer, container, support, base, pavement or decoration.
A structure or portion of a structure customarily incident
to any permitted principal use of such lot and located on the same
lot as such principal use.
A structure placed on or in the ground or attached to another structure in a fixed and determined position and intended to remain in place for a period of more than nine consecutive months, except as follows. An enclosure for the keeping of chickens that is approved pursuant to § 579-17.5 of this Code, and a hive for keeping bees that is approved pursuant to § 579-17.6 of this Code, during such time that such permit has been issued and is in effect shall not be deemed to be a permanent structure for purposes of this Chapter 745.
[Amended 11-10-2020 by Ord. No. 2020-06]
A structure used or intended to be used for the principal
use as permitted on such lot by the regulations of the district in
which it is located.
Any structure other than a permanent structure.
A lot which was of record on April 22, 1958, and which is:
Any property that is regulated by Chapter 707, Wisconsin
Statutes.
[Added 4-19-2010 by Ord.
No. 2010-07; amended 1-8-2019 by Ord. No. 2019-01]
A use customarily incident to the permitted principal use
of property and on the same lot as the principal permitted use.
That utilization of land by occupancy, activity, building
or other structure which is specifically enumerated as permissible
by the regulations of the zoning district in which said land is located,
including those uses customarily accessory to such permitted use.
The main or primary use of property or structure as permitted
on such lot by the regulations of the district in which it is located.
The distance from one side line to the other measured on
a line which will be contiguous with the front line of a building
and be as nearly parallel as possible to the street on which the lot
abuts.
The minimum horizontal distance between the side line of
a building and the side lot line or the side line of a street or area
reserved for highway purposes, whichever is nearer, except that the
roof of a building or any attachments thereto may extend over said
side yard a distance of not to exceed one foot.
Except as hereinafter provided or superseded by state or federal
law, no building or premises or part thereof shall be used, altered,
constructed or reconstructed except in conformity the provisions of
this chapter which apply to the district in which it is located.
A.
Existing nonconforming uses. The lawful nonconforming use of land
without structures, or the lawful nonconforming use of water, or a
lawful nonconforming use in a conforming structure, or a lawful nonconforming
use in a nonconforming structure, or a lawful nonconforming use on
a conforming lot, or a lawful nonconforming use on a nonconforming
lot, or a lawful nonconforming use of land with conforming structures,
or a lawful nonconforming use of land with nonconforming structures
which existed at the time of the adoption or amendment of this chapter
may be continued although the use does not conform to the provisions
of this chapter; however:
(1)
Only that use in actual existence at the time of the adoption or
amendment of this chapter may be so continued as a legal nonconforming
use and said use may not in any way be extended, enlarged, substituted,
moved, added to or changed.
(2)
No structure on lands containing a legal nonconforming use may be
extended, enlarged, totally rebuilt, substituted, moved, remodeled,
modified, or added to except when required to do so by law or until
the legal nonconforming use has been made to conform to this chapter.
This subsection does not apply, however, to structural repairs or
alterations that are made in strict compliance with § 62.23(7)(h),
Wis. Stats., including such amendments as may be made thereto from
time to time.
(3)
No lot or lands containing a legal nonconforming use may be reduced
in size, modified, increased in size or changed in any manner except
when required to do so by law or until the legal nonconforming use
has been made to conform to this chapter.
(4)
If a legal nonconforming use is discontinued or terminated for a
period of 12 months, any future use of the structure, land or water
must conform to the provisions of this chapter.
B.
Existing nonconforming lots containing conforming uses and/or conforming
structures. A building may be erected on a lot of record on April
22, 1958, which lot does not comply with the requirements of this
chapter, provided as follows:
(1)
In the case of such substandard lot which adjoins, along a side lot line, property held in the same ownership, as defined in Chapter 738, Subdivision of Land, of this Code, no building permit shall be issued until a determination has been made by the Plan Commission in the manner provided by § 738-6.
(2)
No building permit shall be issued where in the opinion of the Building
Inspector the erection of a building on such substandard lot would
impair or jeopardize the health, safety and general welfare of the
surrounding neighborhood or of the Village.
(3)
No dwelling erected pursuant to the provisions of this section shall
occupy an area of a lot which exceeds:
(a)
A Residence District: 15% of the gross area of the lot together with
the area of abutting land reserved for highway purposes, whether public
or private, to the center line thereof;
(b)
B Residence District: 30% of the gross area of a lot; or
(c)
C Residence District: 45% of the gross area of a lot.
(4)
Where the proposed erection of a building on such substandard lot
would require a variance from requirements in addition to the lot
area and width, such variance must be sought in the normal manner
in such case from the Board of Appeals.
(5)
The application of this section in respect to any area annexed to
the Village shall apply to parcels of land and lots as they are owned
when annexed.
C.
Existing legal nonconforming structures on a conforming lot or nonconforming
lot with legal conforming uses.
(1)
The legal conforming use of a nonconforming structure existing at
the time of the adoption or amendment of this chapter whether on a
conforming lot or nonconforming lot may be continued, even though
the structure's size or location does not conform to the established
building setback line along streets, or the open space, yard, height,
parking, loading and/or access provisions of this chapter.
(2)
The aforementioned structure may be extended, enlarged, substituted,
moved, remodeled, modified or added to as long as any such change
which alters the footprint of the structure must conform to the established
building setback lines along streets and the yard, height, parking,
loading, and access provisions of this chapter. In addition, such
structure may be totally rebuilt if such reconstruction is identical
in size and shape and use to the original structure.
(3)
Legal nonconforming structures existing at the time of the adoption
or amendment of this chapter with a legal conforming use whether on
a conforming or nonconforming lot may be moved and if moved must conform
to the established building setback lines along streets and the open
space, yard, height, parking, loading, and access provisions of this
chapter.
(4)
Any applicable restriction in this section which prohibits restoration
of a damaged or destroyed nonconforming structure shall not apply
to the extent that 2005 Wisconsin Act 112 applies to such restoration,
including such amendments and renumbering of the applicable statutes
referred to therein as may be made from time to time.[1]
[1]
Editor's Note: See § 62.23(7)(hc), Wis. Stats.
D.
Burden of proof. The property owner has the burden of showing that
a use, structure or lot is legal nonconforming. The determination
shall be made by the Building Inspector upon proof presented by the
property owner that the use, structure and/or lot is in fact legal
nonconforming. Appeals from the decision of the Building Inspector
concerning the determination of legal nonconformity may be made by
any person aggrieved to the Village Board of Appeals. Such appeal
shall be filed with the Village Clerk/Treasurer within 30 days after
the determination of the Building Inspector.
E.
Reversion. Once a legal nonconforming use, legal nonconforming structure
or legal nonconforming lot has been changed to conform, it shall not
revert back to legal nonconforming status.
F.
Conditional use status.
(1)
Conditional use status may be granted to existing legal nonconforming
uses, legal nonconforming structures, and legal nonconforming lots,
upon petition of the owner, where such use, structure or lot is determined
to not be any of the following:
(2)
Such conditional use status may be granted by the Village Board only
after the Village Board conducts a public hearing in the matter, and
following receipt of a recommendation from the Village Plan Commission.
Any use, structure or lot existing on April 22, 1958, or thereafter which was commenced while a previous zoning ordinance was in effect and was in violation of such ordinance shall not be a nonconforming use permitted to continue under § 745-4 but shall be a violation of this chapter, unless the provision of the prior ordinance which was violated shall have been changed by this chapter and such use, structure or lot is not in violation of this chapter, and no violations are waived.
A.
Structures not classified as buildings and less than six inches in height from the surface of the ground shall not require a building permit nor be subject to the front, side, or rear setbacks, building size, or open space requirements of this chapter, except as may be specifically otherwise provided in § 745-7 or 745-10 or Subsection C below, or § 756-44 or 842.
[Amended 4-12-2022 by Ord. No. 2022-01]
B.
Structures not classified as buildings and six inches or more in height from the surface of the ground shall be subject to the front, side, or rear setbacks, building size, and open space requirements of this chapter except as may be specifically otherwise provided in § 745-7 or 745-10 or Subsection C below.
C.
The following structures that are not classified as buildings are
excluded from the requirements of this chapter, provided that the
following limitations applicable to these exclusions are strictly
followed:
(1)
Retaining walls. This exclusion applies to:
(a)
A structure that is intended primarily as a landscape feature for
retaining soil, as determined by the Village Building Inspector, and
the top of the wall is approximately at grade;
(b)
A structure that is intended to retain soil primarily for the purpose
of constructing a driveway, as determined by the Village Building
Inspector; and
(2)
Play equipment. This exclusion applies to a structure that is play
equipment, as defined herein, provided that it is accessory to a residential
use on the lot where it is located, and the lot is zoned for residential
use, and the play equipment is set back at least three feet from any
lot line. Play equipment is defined as a swingset, sandbox, jungle
gym, or similar equipment that has no utility other than for amusement
of children, as determined by the Village Building Inspector, but
not including a structure that has walls and a roof which form an
enclosure.
(3)
Gardens. This exclusion applies to a structure that is primarily
intended to be a planting bed, raised flower garden, rain garden,
or similar landscape feature, as determined by the Village Building
Inspector, provided that such structure shall be located at least
three feet from any property line.
A.
General.
(1)
Any accessory use or structure shall conform to the applicable regulations
of the district in which it is located except as is specifically otherwise
provided.
(2)
No accessory use or structure shall be permitted that by reason of
noise, dust, odor, appearance, or other objectionable factor creates
a nuisance or a substantial adverse effect upon the property value
or reasonable enjoyment of the surrounding property.
(3)
Any of the requirements hereinafter established in this section relating
to accessory uses and structures, except for permanent buildings in
excess of 100 square feet in ground area, may be modified in their
specific application to a given situation with the approval of the
Village Manager or his/her designee, where in the Village Manager's
or designee's opinion the strict application of the requirement would
be unnecessarily burdensome or would not in fact achieve the actual
intent of the requirement, or where modification would more effectively
achieve such intent, provided in all cases such modification is consistent
with the basic spirit and intent of this chapter. Appeal from the
determination of the Village Manager or his/her designee may be made
to the Building Board, provided such appeal is filed with the Village
Manager within 30 days from the date of the Village Manager's or designee's
action.
B.
Permanent structures.
(1)
Any permanent roofed structure serving an accessory use if attached to the principal building shall be considered a part of such principal building for all regulatory purposes. If such structure is a building and is not attached to the principal building, no roofed or enclosed portion shall be closer than 10 feet to any roofed or enclosed part of the principal building, and such structure shall conform to the open area, height, and front, side and rear setback requirements of the district in which such building is located except as permitted by § 756-36 of this Code.[1]
(2)
Walks, drives, paved terraces and purely decorative garden accessories
such as pools, fountains, statuary, flag poles, etc., where subject
to "permanent structure" classification, shall not be permitted closer
than three feet to an abutting property line other than a street line.
(3)
Fences, walls, architectural screening devices, driveway gates and
arbors. The following regulations are established to ensure that the
Village of Fox Point retains the openness and semirural character
of its landscape.
(a)
Permit required. No person shall erect or construct any fence, wall, driveway gate, architectural screening device or arbor, unless specifically exempted by the provisions of this subsection, on any property within the Village of Fox Point without having first obtained a permit from the Building Inspector and having paid the fee prescribed by ordinance. Retaining walls regulated by § 285-4 of this Code are exempt from the requirements of this subsection. A survey by a licensed surveyor shall be submitted with each application for a fence, wall, architectural screening device, driveway gate or arbor 10 feet or less from the lot line of the property. The determination of the Building Inspector as to proximity shall be final. When required, the survey shall show the location of the proposed fence, wall, architectural screening device, driveway gate or arbor in relation to the property line but need not depict any other aspect of the subject property. The Building Inspector shall deny a permit if the proposed fence, wall, architectural screening device, driveway gate or arbor is in the right-of-way or if its proposed location will impede visibility of vehicular traffic.
(b)
Replacement or reconstruction. If an existing fence, wall, architectural
screening device, driveway gate or arbor is substantially or completely
destroyed or becomes deteriorated to a material degree, it may be
replaced or reconstructed in the same location, height and materials
by first obtaining a permit, provided that it must be replaced or
reconstructed within 12 months of being removed. All other replacement
or reconstruction of existing fences, walls, architectural screening
devices, driveway gates or arbors must fully comply with the terms
of this section.
(c)
Temporary fences. Temporary safety, snow or deer fences of any
type may be allowed in the discretion of the Village Manager for the
purpose of safety, protection from the elements or protection from
deer, for a period not to exceed 120 days, unless extended by the
Village Manager. Temporary construction fences may be allowed in the
discretion of the Village Building Inspector for the time that a building
permit is in effect on the property.
(d)
Lake, bluffs and ravines. Where property abuts Lake Michigan, or is located on a bluff or a ravine in such a locale that construction of a fence, wall, architectural screening device, driveway gate or arbor would materially obstruct the aesthetic views of adjoining and surrounding property owners, the Building Inspector may deny a permit based upon his determination that there is a substantial negative impact upon the aesthetic enjoyment of surrounding properties. Any affected party may appeal the Building Inspector's determination to the Board of Appeals within 30 days of the Building Inspectors' determination. No fence, wall, architectural screening device, driveway gate or arbor shall be constructed on the side of a ravine or bluff in violation of § 285-3 of this Code.
(e)
Construction in right-of-way prohibited. Any fence, wall, architectural
screening device, driveway gate or arbor that is erected in a street
right-of-way or impedes traffic visibility may be removed by the Village
of Fox Point at any time.
(f)
ARBOR
ARCHITECTURAL SCREENING DEVICE
DRIVEWAY GATE
FENCE
FINISHED LOT GRADE
HEIGHT
OPEN FENCE
ORNAMENTAL FENCE
SOLID FENCE
WALL
[1]
[2]
[3]
[4]
Definitions. For purposes of this subsection, the following terms shall have the following meanings; the terms "front yard," "rear yard" and "side yard" shall be defined as set forth in § 745-2 of this chapter:
Any structure intended to provide a support system for plantings
or to designate an aesthetically pleasing outdoor seating or walk
area.
Any self-standing fence or wall type of structure employed
for gardening, screening, ornamental, decorative, signage or landmark
purposes.
A fence that opens and closes across a driveway.
A structure which creates an enclosure, barrier or boundary,
having a set or permanent location in the ground, or which is attached
to something having a permanent location on the ground. A fence is
considered to be a structure.
Does not include berms, artificial hills and mounds.
Does not include two inches of clearance at the bottom of
the fence, nor does it include two inches in excess of the height
limitation of the fence posts, nor a lighting device on the top of
a wall.
A structure of rails, planks, stakes, strung wire or similar
material erected as an enclosure, barrier or boundary. Open fences
are those with more than 50% of their surface area open for free passage
of light and air. Examples of such fences include chain link, picket,
rail and cyclone fences, which are not merely ornamental.
A structure whose primary purpose is to decorate, accent
or frame a feature of the landscape or premises.
A structure of rails, planks, stakes, strung wire or similar
material erected as an enclosure, barrier or boundary. Solid fences
are those with 50% or less of their surface open for free passage
of light and air and designed to conceal from view the activities
conducted behind them. Examples of such fences are stockade, board-on-board,
board and batten, basket weave and louvered fences.
Substantially a solid masonry, wood, or composite structure
which shall be self-supporting, but is not incorporated into an enclosed
structure, and shall include any nonenclosed structure having as its
purpose the denomination or accent of driveways or entryways. Any
structure that satisfies the foregoing definition but which also fully
complies with the requirements of one or more of the following, as
determined by the Village Building Inspector, is excluded from this
definition of "wall":
Signs. This exclusion applies if the wall is primarily intended to be a sign as regulated by Chapter 540 of this Code.
Lights. This exclusion applies if the wall is intended primarily
as a pediment to support a light fixture.
Small size. This exclusion applies if the wall is smaller than
three feet wide, and smaller than three feet deep, and smaller than
five feet high.
Retaining wall. This exclusion applies if the wall is intended
primarily as a landscape feature for retaining soil and the top of
one side of the wall is approximately at grade.
(g)
Construction standards. Fences, walls, architectural screening
devices, driveway gates and arbors shall be constructed in such a
manner that the "finished" side shall face the neighboring property.
Fence posts shall be on the side of the fence facing the permit applicant's
property. Fences shall be constructed of wood or other wood-simulated
natural-appearing materials, wrought iron or other metal materials
generally employed to obtain an aesthetically pleasing appearance.
Open fences may be permitted; however, barbed wire, electric wire,
chicken wire, or double- or triple-strand wire shall not be used in
the construction of a fence, except as allowed by the Building Board.
(h)
Location and height restrictions. Subject to the following exceptions,
a fence, wall, architectural screening device, driveway gate or arbor
may be permitted up to the lot line in the side and rear yard of any
property in Fox Point. A fence, wall, driveway gate or architectural
screening device located in a rear or side yard shall not exceed a
height of six feet from the finished lot grade and shall not project
forward of the front line of the principal building. An arbor shall
not exceed a height of ten feet from the finished lot grade and shall
not project forward of the front line of the principal building.
[Amended 2-14-2023 by Ord. No. 2023-01]
[1]
In the event a building is irregularly configured, such as an L- or V-shaped structure, or the building is located upon a corner lot, irregularly shaped lot, or lot which abuts upon more than one public or private road, such that there are or appear to be multiple front, side, or rear sides of the structure, the determination of the front, rear or side areas, as well as the determination of the location of any fencing, shall be referred by the Building Inspector to the Board of Appeals, which shall then review the matter without requirement of any appeal fee. The Board of Appeals shall treat the application as a request for a special exception, which shall specifically not be subject to the requirements applicable to zoning variances, and shall proceed in accordance with Subsection B(3)(j) herein. The Board of Appeals shall consider the least obtrusive alternative, and any other criteria as set forth in the provisions of this chapter which serve to balance the interests of the applicant with the interests of the surrounding property owners.
[2]
No new fence, wall, architectural screening device, driveway gate or arbor shall be located beyond the front line of the principal building unless permitted by the Board of Appeals by special exception after a hearing, pursuant to the procedures described in Subsection B(3)(j) below. The Board of Appeals may grant a special exception under this subsection only if it finds that the fence, wall, architectural screening device, arbor or driveway gate is reasonably necessary to protect the safety of people residing on the property, in addition to the additional findings and conditions required by Subsection B(3)(j) below. Every special exception granted by the Board of Appeals for a driveway gate shall be conditioned upon the applicant filing with the Village Clerk/Treasurer the written approval of the Village Police Chief in consultation with the Fire Chief for the specific driveway gate and gate location that is proposed; and if such approval is denied, the special exception is thereby denied.
[Amended 6-11-2013 by Ord. No. 2013-04]
[3]
If the rear of the applicant's lot abuts a neighbor's side yard,
any proposed fence shall be an "open fence," unless the neighbor consents
to an alternate type fence in writing.
[4]
An ornamental fence or architectural screening device may be
allowed anywhere on the property without a permit, provided the fence
or screening device does not exceed 3 1/2 feet in height and
is set back in its entirety 20 feet or more from all boundaries of
the property.
[5]
For purposes of this section, the side yard of any corner lot that abuts a road shall be treated as a front yard; however, if a building footprint is other than square or rectangular in configuration, the provisions of Subsection B(3)(h)[1] generally shall control over the provisions of this subsection.
[6]
The provisions of this section, the limitations set forth herein,
and the requirement for a permit shall not apply to:
[Amended 4-1-2012 by Ord. No. 2012-05; 11-10-2020 by Ord. No. 2020-06]
[a]
Lands owned by the state, school district, county, Village or any
other publicly held land, where fencing is employed for sport or recreational
purposes such as baseball diamonds, backstops, swimming pools, playgrounds
or any other public recreational or safety purpose;
[b]
Private athletic or country clubs, or cemeteries, employing such
fencing for similar uses as stated herein;
[e]
Dog kennels or runs less than 120 square feet, provided such fencing
is located no closer to any lot line of the property than is allowed
for a principal structure on the property;
[f]
Private residential swimming pool fencing; or
[g]
Tennis court fencing, provided such fencing is located no closer to any lot line of the property than is allowed for a principal structure on the property unless modified pursuant to § 745-10G(3).
[7]
Notwithstanding the otherwise applicable height limitations
stated elsewhere in this section, a fence may be constructed to a
height of 11 feet from the finished lot grade on property in the D
Business District or the adjacent single-family residential use district
along a lot line which separates a large business use from such single-family
residential use. For purposes of this exception, a large business
use is defined as a use conducted in the D Business District for which
150 or more off-street parking spaces are available to the business.
Such a fence may be constructed on the top of a berm, provided the
berm is constructed in compliance with the requirements of this Code
and all applicable laws, and further provided that the height of the
fence shall be measured from the finished lot grade as defined in
this section. This exception is intended to allow a fence to be constructed
which will screen the large business use from the abutting single-family
residential use.
(i)
Maintenance. The owner, occupant or their agent shall keep all fences, architectural screening devices, walls, driveway gates and arbors structurally sound and maintained in a neat and attractive manner. The maintenance standards established in this section shall be enforced as provided in §§ 681-7 and 681-8 of the Village of Fox Point Code.
(j)
Special exceptions. A special exception to the height, size,
material, design, setback or other physical standards set forth in
this subsection or to allow a driveway gate may, upon filing a written
application, be considered by the Board of Appeals after a hearing.
The application must include an accurate visual rendering of the proposed
wall, architectural screening device, driveway gate or arbor, along
with a written statement outlining the applicant's need for the same.
Notice of hearing shall be given to all property owners within a radius
of 500 feet of the property upon which the fence, wall, architectural
screening device, driveway gate or arbor is proposed to be constructed
and the notice shall include the visual rendering submitted by the
applicant. The Board of Appeals may grant the request for a special
exception upon finding that the property owner has shown clear and
convincing evidence to believe that the applicant has a legitimate
need for the special exception and that granting the special exception
will not adversely affect the health, safety or welfare of the community
or the immediate area where located and will not impede the purpose,
spirit and intent of this section, in addition to such other specific
findings as may be required by other subsections of this section.
Every special exception granted by the Board of Appeals shall be conditioned
upon the applicant submitting the visual rendering to the Village
Building Board and receiving the Building Board's approval of the
architectural appearance, design and construction materials for the
proposed fence, wall, architectural screening device, arbor or driveway
gate, taking into consideration the existing development on the lot
and in the surrounding neighborhood, and if the Building Board denies
the application, the special exception is thereby denied.
C.
Residential accessory building and detached garage limitations. The
following limitations apply to all lots in a residence district and
also on all lots where the principal use is residential and the principal
building is a single-family or two-family dwelling.
[Amended 4-12-2022 by Ord. No. 2022-01]
(1)
ACCESSORY BUILDING
DETACHED GARAGE
Definitions.
For purposes of this section, the term "accessory building" shall mean an accessory building as defined in § 745-2 of this Code, that is not a detached garage as defined herein.
For purposes of this section, the term "detached garage"
shall mean an accessory structure designed primarily to be used for
parking passenger vehicles.
(2)
Size. Accessory buildings and detached garages shall be no larger
than permitted by the district regulations applicable to the lot where
located.
(3)
Number. The number of accessory buildings and detached garages on
such lots shall be limited as follows:
(a)
Lots 25,000 square feet or less in size:
[1]
Detached garage. Not more than one detached garage is permitted.
A detached garage is allowed without regard to whether there is also
one or more attached garages on the premises.
[2]
Accessory building. Not more than one accessory building is
permitted. Such accessory building is allowed without regard to whether
or not there is also a detached garage.
(b)
Lots greater than 25,000 square feet in size. In addition to accessory buildings permitted by Subsection C(3)(a), above, one additional detached garage or accessory building, conforming to the size limitations described in Subsection C(2) above, may be permitted for every additional 25,000 square feet of lot size.
|
Lot Size
|
Detached Garage(s) and/or Accessory Building(s) Permitted
|
|---|---|
|
Greater than 25,000 square feet to 50,000 square feet
|
One detached garage and one accessory building plus a total
of one additional, whether a garage or accessory building.
|
|
Greater than 50,000 square feet to 75,000 square feet
|
One detached garage and one accessory building plus a total
of two additional, whether garage(s) or accessory building(s).
|
|
Greater than 75,000 square feet to 100,000 square feet
|
One detached garage and one accessory building plus a total
of three additional, whether garage(s) or accessory building(s).
|
|
Further increments of 25,000 square feet
|
Add one additional detached garage or accessory building per
increment.
|
(4)
Subject to applicable laws. Nothing herein shall be interpreted to
modify to waive more restrictive requirements of applicable laws or
Village ordinances. The open area limitations of this chapter continue
to apply and may prevent construction of the size or number of accessory
buildings or detached garages described herein.
(5)
Building code. All requirements of Chapter 756, Building Construction, must be satisfied in addition to any requirements of this chapter.
(6)
Detached garage limited yard reduction. The side and rear yard provisions
for a detached garage on a lot less than the required minimum width
of 80 feet in B and C Residence Districts may be reduced by three
inches for every foot less than 80 feet of lot width but to not less
than five feet.
(7)
Minimum separation. No detached garage or accessory building shall
be located closer than 20 feet to the principal building on an adjoining
lot in residential use.
(8)
No limit on attached garages. Subject to such other provisions of
the Fox Point Code as may regulate the construction of structures,
there is no limit on the number of attached garages for the private
use of the resident.
D.
Temporary structures.
(1)
Any temporary structure over 500 cubic feet in bulk shall require
a building permit, except as follows:
[Amended 6-11-2013 by Ord. No. 2013-04]
(a)
No building permit is required for the placement of a trash receptacle
for purposes of disposing demolition materials from a building or
structure on the property in conjunction with a project for which
a building permit has been issued, subject to the following. Such
trash receptacle shall not be placed prior to the issuance of a building
permit, or prior to one week before commencement of demolition work,
whichever is later. Such trash receptacle shall be removed within
one week of completion of the demolition work, or when the work is
suspended for more than seven days, or when the building permit expires
or is terminated, whichever occurs first. Notwithstanding the foregoing,
the Village Building Inspector may impose more restrictive requirements
regarding trash receptacles as a condition of the building permit,
which must be stated on the building permit when it is issued, or
may be added by the Building Inspector after the permit is issued
if the use of a trash receptacle was not shown in the plans submitted
with the building permit application.
(2)
Every temporary structure shall comply with the front, side and rear
yard requirements of the district in which it is located, except that
such structure may be permitted anywhere on the lot with the approval
of the Village Manager where in his opinion such structure where proposed
to be located would not be detrimental to general community aesthetic
values or enjoyment of use of adjoining properties.
(3)
Appeal from the decision of the Village Manager may be taken to the
Board of Appeals.
(4)
No person shall build, place, or maintain any portable outhouse,
privy vault, surface privy, dry closet, septic tank, or other moveable
method of sewage disposal or cause the same to be built, located,
placed, or constructed on any lot or premises within the Village limits
except as follows:
[Added 3-13-2012 by Ord. No. 2012-03]
(a)
The Village Building Inspector may grant permission in conjunction
with the issuance of a building permit. Such permission shall be expressly
set forth on the face of the building permit and shall terminate upon
the Building Inspector's determination that the project for which
the building permit was issued has been substantially completed, or
the expiration, suspension, or revocation of the building permit by
the Village, whichever occurs first.
(b)
The Building Inspector or Village Manager may grant a permit to allow
such temporary structure for a special event or other limited use,
based upon a determination by the Building Inspector or Village Manager
that restroom facilities are not otherwise available or that restroom
facilities are available but are not reasonably adequate for the size
of the expected assemblage. Application for a permit under this subsection
shall be made on the application form provided by the Village and
shall be accompanied by the fee as established by the Village Board
from time to time. For purposes of this subsection, the Building Inspector
and Village Manager shall consider the proximity of existing restroom
facilities without regard to whether such facilities are subject to
payment of a fee for their use.
(5)
Enclosures for keeping of chickens that have been approved pursuant to § 579-17.5 of this Code and beehives that have been approved pursuant to § 579-17.6 of this Code, during such time that such permit has been approved and is in effect, shall not be subject to the requirements of this Chapter 745 except as expressly stated otherwise, and except as follows. The structure in its totality, including any fencing, covered enclosure, chicken coop, hive or any other structure or structural elements, shall be completely removed from the property within 15 days of the lapse, revocation or expiration of the permit. Violation of this section shall be subject to the penalties and remedies described in §§ 745-33 and 745-34 of this chapter in the event the requirements of this Chapter 745 differ from § 579-17.5 regarding any matter regulated therein, or differ from § 579-17.6 regarding any matter regulated therein, the most restrictive provision shall apply as determined by the Village Manager.
[Added 11-10-2020 by Ord. No. 2020-06]
E.
Unenclosed storage.
(1)
No camp, boat, house or other trailer, bus, boat, recreational vehicle,
camp trailer on a truck, or truck over three-quarter-ton capacity
may be stored or parked regularly on a lot in a residence district
except within a garage or other enclosed storage structure except
as hereinafter set forth:
(a)
For the period extending from April 15 to October 31 of each
year, the following type of vehicle may be parked unenclosed on the
driveway of a lot in a residential district, provided it is in actual
use during such period and is not merely being stored, and that when
parked it is sufficiently far in from the street as to not interfere
with the view of operators of vehicles on the street, or on an adjacent
intersecting street:
(b)
Open storage of any such vehicle may be permitted at any time
with the approval of the Chief of Police or designee if such vehicle
is effectively shielded from normal observation from the street or
adjoining properties by landscaping, walls or fencing, and provided
such storage is not between any portion of the building and an abutting
street. No such permitted storage shall by reason of the permissive
grant have any future claim to legal nonconforming use rights and
such permissive grant may be rescinded at any time for due cause.[2]
(c)
Parking a vehicle as permitted above or storage as permitted
above does not authorize the use of any such trailer, boat or truck
for the housing (sleeping and/or eating) therein of any person, and
such housing is a violation of this chapter.
(2)
Materials, equipment, supplies or waste.
[Amended 9-11-2012 by Ord. No. 2012-11]
(a)
Definition. For purposes of this subsection, "materials, equipment,
supplies or waste" shall mean the following: worn out or discarded
material of little or no value, including but not limited to household
appliances or parts thereof; machinery and equipment or parts thereof;
vehicles or parts thereof; tools; iron, chain, brass, copper, tin,
lead and other base metals; trailers, farm machinery and equipment
or any parts thereof to be junked or demolished, taken apart or destroyed
for salvage materials; lumber or building materials; rubbish, ashes,
paper, dirt, stones, bricks, tin cans, boxes, barrels or other substances
whatsoever; oil, kerosene, benzene, or other similar oil or oily substance
or liquid; wood, brush, and any form of discarded vegetation; yard
trimmings, grass clippings, foundry sand and industrial waste of any
kind or description; sewage material removed from septic tanks and
dry wells used in connection with sewage disposal systems; or any
similar materials which constitute health, fire or safety hazards
or which contribute to a blighting influence upon the immediate or
surrounding area or other unsightly debris.
(b)
Prohibition; exceptions. No unenclosed storage of materials, equipment,
supplies, or waste shall be permitted where such storage may be viewed
from a public street or another property, except as follows:
[1]
Firewood. Firewood may be stored for use on the property as follows.
Firewood must be neatly stacked and may be stacked not closer than
two feet to any lot line and not higher than six feet from grade,
except adjacent to a fence where firewood can be stacked against the
fence as high as the fence. "Fence" as used in this subsection shall
not include hedges or other vegetation. Notwithstanding the foregoing,
wood piles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this Code.
[2]
Lawn and garden items. Lawn and garden items that are in regular
seasonal use may be stored outdoors provided they are neatly arranged
on the property. Such items may include but not be limited to outdoor
furniture, planters, flowerpots, and grills.
(3)
In the case of such storage related to the construction, remodeling,
or repairing of a building on the property, this regulation shall
apply to items placed on the property and allowed to remain thereon
more than one week prior to the commencement of such operation or
more than one week after its completion.
F.
Home occupations.
(1)
Restrictions. A home occupation may be permitted in residential zoning
districts in the Village, in single-family or multifamily dwellings,
together with accessory uses incidental thereto, subject to the restrictions
described in this subsection "Home occupation" is defined as an accessory
use of a dwelling carried on by one or more members of the immediate
family residing in the premises, which is incidental and secondary
to the use of the dwelling for residential purposes and does not change
the character of the residence so as to adversely affect the residential
character of the neighborhood. Home occupations shall be limited to
professional and nonmanual labor, or nonindustrial type uses, and
shall not involve the use of machinery or equipment not generally
found or maintained on residential premises. A home occupation shall
be conducted with minimal disturbance, or it shall be minimally apparent
from the exterior of the building that any type of business activity
is taking place on the premises, and without materially increasing
traffic, noise or pedestrian activity on the premises or the surrounding
neighborhood. No sign relating to the home occupation shall be visible
from the exterior of the building.
(2)
Home occupation permit required. A home occupation shall be deemed
a special use and shall require that an application for a home occupation
permit be filed with the Building Inspector. A home occupation permit
for a home occupation may be granted by the Building Inspector if
he/she determines that such use shall not have an adverse impact on
the residential aesthetics and residential character of the surrounding
area. In making his/her determination, the Building Inspector shall
consider, without limitation, the effects on the surrounding area
of noise, pedestrian and motor vehicle traffic which may be generated
by such use. A home occupation permit for a home occupation shall
be subject to review every five years, or sooner if the Village receives
a complaint concerning the use of residential property for home occupation
purposes. A home occupation permit may be revoked upon a determination
that the home occupation has adversely impacted the residential character
of the surrounding neighborhood. Violation(s) of any portion of the
Fox Point Code pertaining to noise, odors, hazardous materials and
emissions generated as the result of a home occupation being conducted
on a residential premises may serve as the basis for the immediate
revocation or nonrenewal of a home occupation home occupation permit,
as it is expressly intended that the impact of a home occupation on
surrounding neighbors in any of the foregoing respects be of a far
more minimal nature than is prohibited by the general regulations
of the Village Code as to each of the foregoing matters.
[Amended 11-11-2014 by Ord. No. 2014-08]
(3)
Permit exception. Home occupations shall expressly be prohibited
without permit, except home occupation activities conducted solely
by a resident of the household via telephone or employing only computer,
facsimile and copy-type services, and which have no employees, clients
or visitors to the premises.
(4)
Permit fee. A permit fee shall be paid at the time of filing the
application for a home occupation permit, the amount of which shall
be set by the Village Board from time to time.
(5)
Appeals. The Building Inspector's determination to deny the application
for or the renewal or revocation of a home occupation permit may,
upon written application, be reviewed by the Plan Commission. Any
denial of an application or nonrenewal or revocation of a home occupation
permit to be heard by the Plan Commission shall not be heard until
14 days have elapsed from the date notice has been served, by first
class mailing, to any and all surrounding residences or structures
within 500 feet of the applicant's premises. The applicant shall bear
the burden of identifying the property owners to whom notice shall
be served and mailing the notice required hereunder. In making its
determination whether to affirm or reverse the Building Inspector's
determination, the Plan Commission shall take into consideration the
same factors considered by the Building Inspector, including evidence
or testimony of surrounding property owners. The determination of
the Plan Commission shall be final.
[Amended 11-11-2014 by Ord. No. 2014-08]
G.
Solar energy systems.
[Added 3-10-2020 by Ord.
No. 2020-02]
(1)
Where permitted. Subject to the provisions of this Subsection G, solar energy systems are a permitted use in any district in the Village of Fox Point.
(2)
Approval procedure. No solar energy system shall be installed unless all applicable Building Code and Electrical Code requirements are met, including the issuance all necessary permits. Such permits cannot be issued until an application has been submitted and reviewed by the Building Board. In addition to the powers of the Building Board described in Chapter 19, Article II of this Code, the Building Board shall have the powers described in this Section 745-7G.
(3)
Conditions under which permitted.
(a)
General. Unless modified by the applicable conditions described
below or by the Building Board, solar energy systems are subject to
all accessory structure provisions of this Code.
(b)
Structure-mounted solar energy systems.
[1]
Structure-mounted solar energy systems may be mounted on principal
and accessory structures.
[2]
Only structure-integrated and/or flush-mounted solar energy
systems may be installed on street-facing structure elevations.
[3]
In residential zoning districts, solar energy systems shall
not extend more than three feet above the applicable maximum structure
height limit for the subject structure type or more than five feet
above the highest point of the roof line, whichever is less. In nonresidential
zoning districts, solar energy systems shall not extend more than
eight feet above the applicable maximum structure height limit.
(c)
Ground-mounted solar energy systems.
[1]
Ground-mounted solar energy systems are only permitted as an
accessory use to an existing principal use of the lot where located,
and only as an accessory structure.
[2]
In residential zoning districts, ground-mounted solar energy
systems shall not be located between the principal structure and an
abutting street.
(d)
Building Board modifications. The Building Board is directed
to modify the requirements of this Code when an applicant shows that
such standards significantly increase the cost of the system or significantly
decrease its efficiency. In that event, the Building Board shall either
approve the application as presented or conditionally approve the
application subject to specified modifications that meet the intent
of the Code as closely as reasonably possible while allowing construction
of a solar energy system of comparable cost and efficiency. In every
case, the Building Board shall not approve an application or a modification
to this Code that jeopardizes the public health or safety. In the
event of a conflict between this subsection and from the authority
described in Wisconsin Statutes § 66.0401(1m), now or in
the future, the Building Board is directed to apply the statutory
standard to its consideration of solar energy system applications.
[Added 4-19-2010 by Ord. No. 2010-07]
A.
Time-share property, as defined herein, shall be subject to all of
the following requirements:
B.
Time-share property that does not satisfy the requirements of Subsection A of this section, above, is prohibited in the A-1, A-2, A-3, B and C Residence Districts in the Village of Fox Point. These regulations are intended to impose the same requirements upon property that is regulated by Chapter 707, Wisconsin Statutes, that are imposed upon physically identical property in the Village of Fox Point that is not in time share ownership.
[Added 4-19-2010 by Ord. No. 2010-07]
A.
Condominiums, as defined in Chapter 703, Wisconsin Statutes, shall
be subject to all of the following requirements:
B.
Condominium property that does not satisfy the requirements of Subsection A, above, is prohibited in the A-1, A-2, A-3, B and C Residence Districts in the Village of Fox Point. These regulations are intended to impose the same requirements upon property that is regulated by Chapter 703, Wisconsin Statutes, that are imposed upon physically identical property in the Village of Fox Point that is not in condominium ownership.
Swimming pools, tennis courts, athletic fields, and other buildings
or grounds used for leisure-time activities of a predominantly outdoor
nature shall be permitted in those districts and subject to such regulations
as are hereinafter designated.
A.
General.
(1)
No such use shall be permitted in any case where it shall create
a nuisance, a hazard, or otherwise result in a substantial adverse
effect on the surrounding property values or on the enjoyment of such
property, or be in any other way detrimental to the general public
welfare. Every reasonable effort shall be made to prevent such effect
through control of lighting, attractive design and maintenance of
structures, use of planting screens or attractive fences, careful
placement on the site, and sensible regulation of use.
(2)
Adequate provision shall be made for off-street parking consistent
with the need generated by the facility.
B.
Classification. For purposes of regulation, such uses shall be classified
as follows:
(1)
Public. Facilities owned and operated by a governmental agency for
limited or general public use.
(2)
Private commercial. Facilities owned and operated by an individual
or group for profit as a business, whether or not open to general
public use.
(3)
Private noncommercial group. Facilities owned and operated by a group
for exclusive use of the members of such group and their guests and
not for profit as a business.
(4)
Private residential. Facilities owned by the individual, located
on the same or adjoining lot to his residence, and intended solely
for the use of his family and guests.
C.
Public facilities. Such facilities may be permitted in any district
as a principal or accessory use subject to the procedure hereinafter
set forth.
D.
Private commercial facilities. Such facilities may be permitted in
an Institutional District as an accessory use, and in a "D" Business
or "E" Semi-Business District as a principal or accessory use subject
to the procedure hereinafter set forth.
E.
Private noncommercial group facilities. Such facilities may be permitted
in any district as a principal or accessory use subject to the procedure
hereinafter set forth.
F.
Procedure. The following procedure shall be complied with before
public facilities, private commercial facilities, or private noncommercial
group facilities are permitted.
(1)
The request for such use, together with site, building and operational
plans, shall be submitted to the Village Board and shall be referred
to the Plan Commission for its study and recommendation to the Village
Board.
(2)
Any active use area or structure shall conform to the appropriate
open area, height, and front, side and rear setback requirements of
the district in which located, provided, however, that in no case
shall a swimming pool, athletic field, or game court be permitted
closer than 100 feet to an adjoining property line of a property in
a residence district.
(3)
As a special exception, open area, height, front, side and rear setback requirements in effect pursuant to Subsection F(2) above may be reduced.
(4)
In acting on a request pursuant to Subsection F(1) above or on the question of granting a special exception pursuant to Subsection F(3) above the Plan Commission shall take into consideration the requirements of Subsection A above and shall also consider whether or not the proposed use is compatible with the area, is in keeping with the unique residential character of the community, and would result in substantial adverse effect upon surrounding properties.
(5)
The Plan Commission shall make its recommendation to the Village
Board.
(a)
The Village Board, taking into consideration the requirements above set forth and the recommendation of the Plan Commission, shall reject, grant, or grant with modification the request; provided that if the request includes a request for a special exception under Subsection F(3) above, it shall not be granted until after a public hearing has been held by the Village Board. Notice of such hearing shall be given as required for Board meetings, and in addition thereto, written notice shall be given to the owners of property abutting that on which the special exception would exist at least five days before such hearing by delivering such notice to a person of suitable age residing on the premises, or by mailing such notice to the person residing on the premises as appears in the records of the Village for sending water bills, or if vacant property to the person who appears as owner on the records of the Village for real estate taxes. If notice is given by mail, it shall be mailed not less than seven days before the meeting.
(b)
The notice shall give the time and place of the hearing and
describe the special exception that has been requested.
(c)
After such hearing, the Village Board, applying the requirements
above set forth, shall reject, grant or grant with modification the
special exception requested.
G.
Private residential facilities. Such facilities may be permitted
as an accessory use in any district permitting residential use, subject
to the following:
(1)
Backboards shall comply with the setback regulations and shall be
in such location or so screened by building or vegetation that it
will not substantially adversely affect the value or reasonable enjoyment
or use of adjoining property, and will not present an unattractive
appearance from the street or adjoining property. The Village Manager
shall determine that the provisions of this subsection are complied
with before a building permit is issued.
(2)
Any active use area or structure shall conform to the open area,
height, and front, side and rear setback regulations of the district
in which located except as is otherwise provided.
(3)
In the case of tennis, badminton or other similar areas for court
games where size and proper orientation limit suitable locations,
the aforesaid regulations may be modified by the Village Manager upon
his determination that, as the regulations are modified, the facility
will not substantially adversely affect the value or reasonable enjoyment
or use of adjoining property and will not present an unattractive
appearance from the street or adjoining property. In addition to this
general requirement, the following requirements must be met:
(a)
The location as proposed is justified in terms of logical utilization
of the site.
(b)
In no case shall any portion of the court area be closer than
five feet to a lot line.
(c)
Appropriate landscaping shall be provided.
[1]
The plan for such landscaping shall be submitted to and approved
by the Village Manager as meeting these requirements. Such landscaping
shall thereafter be continuously maintained in good condition, so
long as such court continues in existence.
[2]
The Village Manager may from time to time instruct the owner
to make changes in or additions to the landscaping when the Village
Manager determines that because of the use being made of the court
or adjoining premises, changes or additions to the landscaping are
necessary for continued compliance with these provisions. Such instructions
shall be promptly complied with.
(d)
In those cases where the Village Manager has modified the height
or any setback requirement (front, side or rear), every enclosure
around a court for the containment of balls or birds, etc., shall
be as open as reasonably possible to permit the passage of light and
air, provided that the Village Manager may permit a canvas or plastic
windbreak on such court enclosure upon his determination that there
will still be compliance with these provisions.
(4)
The power here given to the Village Manager to modify regulations
does not apply to the above regulations in respect to backboards.
H.
Swimming pools. In addition to the foregoing, swimming pools shall
be subject to the following:
(1)
Pumps, filter, and heating equipment shall in no case be closer than
20 feet to a property line and shall be adequately housed or screened
and muffled.
(2)
Surfaced terraces, sundecks, and walks may be permitted no closer
than five feet to a lot line where accessory to a private residential
pool. In the case of public, private commercial or private noncommercial
group pools, such accessory uses may be permitted no closer than 10
feet to a lot line.
(3)
Reasonable precautions shall be taken to insure the safety of the
pool area and to prevent it from becoming an "attractive nuisance."
Pools other than those classified as "private residential" shall be
completely fenced so as to prevent the unregulated entrance of young
children to the pool area.
(4)
Pools erected on top of the surface of the ground shall have the
pool construction completely and adequately screened from the view
of abutting properties by means of combined fence and landscape screen.
(5)
Pools other than those classified as "private residential" or "private
noncommercial group" shall conform to the following:
(a)
Water supplied to the pool shall meet state standards for pure
drinking water.
(b)
Adequate provision shall be made for separate shower, lavatory,
and dressing facilities for men and women which are well lighted,
ventilated and properly equipped.
(c)
Pool construction shall be of concrete, steel, or other material
having an impervious smooth surface and approved by the Director of
Public Works/Village Engineer.
(d)
Pool shape, design, depth, and slopes shall be such as to promote
safe control of the bathers in the pool.
(e)
Inlets must be submerged and produce uniform circulation without
"dead" spots.
(f)
Outlets must be of ample size and located at the pool low points.
(g)
Hose connections must be of ample size and pressure to clean
all the pool area.
(h)
Overflow gutters must surround the pool and have a pitch adequate
to carry off all overflow.
(i)
Adequate steps or ladders shall be provided to allow safe emergence
from the pool and shall be made of impervious material, easily cleaned,
and must not collect water or retain water.
(j)
A suction cleaner must be used to remove sludge, sediment and
other accumulations.
(k)
Recirculation systems shall consist of pumping equipment, hair
and lint catcher, filters, and all necessary fixtures and connections;
must be capable of a six-hour turnover of water; and must include
disinfecting equipment.
(l)
All equipment must be accessible, satisfactorily located and
the equipment room adequately drained.
(m)
Each pool shall have available a pH and residual determination
outfit.
(n)
If used at night, the pool shall be adequately lighted.
For the purpose of this chapter, the Village of Fox Point is
hereby divided into the following basic zoning districts: A-1, A-2,
A-3, B and C Resident Districts; D Business District; E Semi-Business
District, and F Institutional District. In addition to the basic districts,
there is hereby created PDO, Planned Development Overlay District,
and also Cultural Overlay District. Said districts are as shown and
indicated on a map of the Village of Fox Point entitled "Official
Zoning Map No. 21 of the Village of Fox Point." Said map is on file
in the office of the Village Manager.
The district boundaries are either lot lines, the center line
of streets or alleys, or the extension thereof, and where the districts
designated on the Official Zoning Map which is a part of this chapter
are approximately bounded by lot lines, streets or alleys, the lot
lines or center line of such streets or alleys or the extension thereof
shall be considered to be the district boundaries. Where the district
boundaries are not shown as being either lot lines, streets or alleys
or the extension thereof, unless otherwise indicated, they shall be
construed to be parallel to and 120 feet from the nearest street,
provided that if a lot line or an alley shall hereafter be platted
and recorded paralleling within 30 feet of such district boundary,
such lot line or center line of such alley shall thereupon be construed
as the district boundary. In such cases, where a district boundary
line divides a lot in single ownership, and where the majority of
such lot is in the district requiring the lesser restrictions, these
restrictions shall prevail for the entire lot, provided the area of
the land located in the district with the greater restrictions does
not exceed the open area requirement of said district for the erection
of the proposed building.
A.
Uses.
In an A-1 Residence District, no building or premises, unless otherwise
provided in this chapter, shall be erected or used except for dwelling,
together with accessory uses incident to the permitted use, provided
always accessory use does not constitute or become a public or private
nuisance.
B.
Areas
and yards. In an A-1 Residence District, no building may be erected,
enlarged or altered except in conformity with the following:
(1)
The open area of a lot on which a dwelling is erected or proposed
to be erected, together with the area of abutting land reserved for
highway purposes, whether private or public, to the center line thereof,
shall not be reduced to less than 40,000 square feet for each family.
No building not erected for a dwelling shall occupy more than 10%
of the gross area of the lot or exceed a height of 25 feet.
(2)
A front yard of not less than 30 feet shall be provided for every
building on a lot for which a setback is not hereinafter provided
for. Every building shall be set back from the center line of each
adjoining street or area reserved for highway purposes, or any extension
or separated portion thereof hereafter established, not less than
the street setback specified upon the Official Zoning Map, except
that the following reductions may be made for corner lots from the
setbacks specified on the Official Zoning Map: five feet when width
of lot is more than 80 feet but less than 90 feet; 10 feet when width
of lot is more than 70 feet but less than 80 feet; and 15 feet when
the width of lot is 70 feet or less; provided, however, that no setback
will be less than 15 feet plus 1/2 the width of the abutting road
or area reserved for highway purposes.
[Amended 9-11-2012 by Ord. No. 2012-11]
(3)
A side yard of not less than 20 feet shall be provided for on each
side of every building, except that in the case of lots existing as
of May 6, 1958, and less than 100 feet in width measured at the narrowest
place adjacent to the location of the dwelling, the side yard may
be reduced by 1/4 of the difference between said width and 100 feet;
provided, however, that the side yard shall in no event be less than
15 feet.
(4)
A rear yard of not less than 20 feet shall be provided for every
building.
(5)
Every lot on which a building is erected shall have a minimum width
of 120 feet.
(6)
No single-family residence built or existing in this district shall
have a height greater than 40 feet from the grade abutting the structure
on the front side of the structure, with the exception in that, upon
application to the Board of Appeals, the Board of Appeals may grant
a special exception on a lot of not less than 80,000 square feet in
total area upon the following criteria:
[Amended 2-9-2021 by Ord. No. 2021-01]
(a)
Special exceptions to the height limitations as hereinbefore
set forth may be granted by the Board of Appeals upon consideration
of the following:
(b)
For any special exception granted, an additional two feet of
setback on all sides of the structure is required for each foot of
additional height allowed.
(c)
In no event shall the Board of Appeals grant a special exception
allowing a height greater than 55 feet.
(d)
For purposes of this subsection, the height of the building
shall include the highest roof point of any interior portion of the
structure which can be occupied, including but not limited to attic
and storage structures and observatories which accommodate entry or
occupancy by a person, but shall not include roof attachments such
as chimneys, antennas or decorative cupolas.[1]
(e)
The special exceptions herein are not deemed to be variances
from this chapter, but an allowed height upon satisfactory compliance
with the foregoing conditions.
(f)
The Clerk/Treasurer shall provide notice of Board of Appeals proceedings
under this subsection to owners or occupants of properties the boundaries
of which are within 500 feet of any boundary of the subject property.
[Amended 2-9-2021 by Ord. No. 2021-01]
A.
Uses. In an A-2 Residence District, no building or premises, unless
otherwise provided in this chapter, shall be erected or used except
for dwelling, together with accessory uses incident to the permitted
use, provided always accessory use does not constitute or become a
public or private nuisance.
B.
Areas and yards. In an A-2 Residence District, no building may be
erected, enlarged or altered except in conformity with the following:
(1)
The open area of a lot on which a dwelling is erected or proposed
to be erected, together with the area of abutting land reserved for
highway purposes, whether private or public, to the center line thereof,
shall not be reduced to less than 30,000 square feet for each family.
No building not erected for a dwelling shall occupy more than 10%
of the gross area of the lot or exceed a height of 25 feet.
(2)
A front yard of not less than 30 feet shall be provided for every
building on a lot for which a setback is not hereinafter provided
for. Every building shall be set back from the center line of each
adjoining street or area reserved for highway purposes, or any extension
or separated portion thereof hereafter established, not less than
the street setback specified upon the Official Zoning Map, except
that the following reductions may be made for corner lots from the
setbacks specified on the Official Zoning Map: five feet when width
of lot is more than 80 feet but less than 90 feet; 10 feet when width
of lot is more than 70 feet but less than 80 feet; and 15 feet when
the width of lot is 70 feet or less; provided, however, that no setback
will be less than 15 feet plus 1/2 the width of the abutting road
or area reserved for highway purposes.
(3)
A side yard of not less than 15 feet shall be provided for on each
side of every building.
(4)
A rear yard of not less than 20 feet shall be provided for every
building.
(5)
Every lot on which a building is erected shall have a minimum width
of 100 feet.
(6)
No single-family residence built or existing in this district shall
have a height greater than 40 feet from the grade abutting the structure
on the front side of the structure. For purposes of this subsection,
the height of the building shall include the highest roof point of
any interior portion of the structure which can be occupied, including
but not limited to attic and storage structures and observatories
which accommodate entry or occupancy by a person, but shall not include
roof attachments such as chimneys, antennas or decorative cupolas.
[Amended 2-9-2021 by Ord. No. 2021-01]
A.
Uses. In an A-3 Residence District, no building or premises, unless
otherwise provided in this chapter, shall be erected or used except
for dwelling, together with accessory uses incident to the permitted
use, provided always accessory use does not constitute or become a
public or private nuisance.
B.
Areas and yards. In an A-3 Residence District, no building may be
erected, enlarged or altered except in conformity with the following:
(1)
The open area of a lot on which a dwelling is erected or proposed
to be erected, together with the area of abutting land reserved for
highway purposes, whether private or public, to the center line thereof,
shall not be reduced to less than 20,000 square feet for each family.
No building not erected for a dwelling shall occupy more than 10%
of the gross area of the lot or exceed a height of 25 feet.
(2)
A front yard of not less than 30 feet shall be provided for every
building on a lot for which a setback is not hereinafter provided
for. Every building shall be set back from the center line of each
adjoining street or area reserved for highway purposes, or any extension
or separated portion thereof hereafter established, not less than
the street setback specified upon the Official Zoning Map, except
that the following reductions may be made for corner lots from the
setbacks specified on the Official Zoning Map: five feet when width
of lot is more than 80 feet but less than 90 feet; 10 feet when width
of lot is more than 70 feet but less than 80 feet; and 15 feet when
the width of lot is 70 feet or less; provided, however, that no setback
will be less than 15 feet plus 1/2 the width of the abutting road
or area reserved for highway purposes.
(3)
A side yard of not less than 12 feet shall be provided for on each
side of every building.
(4)
A rear yard of not less than 20 feet shall be provided for every
building.
(5)
Every lot on which a building is erected shall have a minimum width
of 90 feet.
(6)
No single-family residence built or existing in this district shall
have a height greater than 40 feet from the grade abutting the structure
on the front side of the structure. For purposes of this subsection,
the height of the building shall include the highest roof point of
any interior portion of the structure which can be occupied, including,
but not limited to, attic and storage structures and observatories
which accommodate entry or occupancy by a person, but shall not include
roof attachments such as chimneys, antennas or decorative cupolas.
A.
Uses. In a B Residence District, no building or premises, unless
otherwise provided in this chapter, shall be erected or used except
for dwelling, together with accessory uses incident to the permitted
use; provided always the accessory use does not constitute or become
a public or private nuisance.
[Amended 11-11-2014 by Ord. No. 2014-08]
B.
Areas and yards. In a B Residence District, no building may be erected,
enlarged or altered except in conformity with the following:
(1)
The open area of a lot on which a dwelling is erected, or proposed
to be erected, shall not be reduced to less than 15,000 square feet
for each family. No building not erected for a dwelling shall occupy
more than 20% of the gross area of the lot or exceed a height of 25
feet.
(2)
A front yard of not less than 30 feet shall be provided for every
building on a lot for which a setback is not hereinafter provided
for. Every building shall be set back from the center line of each
adjoining street or area reserved for highway purposes, or any extension
or separated portion thereof hereafter established, not less than
the street setback specified upon the Official Zoning Map, except
that the following reductions may be made for corner lots from the
setbacks specified on the Official Zoning Map: five feet when width
of lot is more than 80 feet but less than 90 feet; 10 feet when width
of lot is more than 70 feet but less than 80 feet; 15 feet when width
of lot is 70 feet or less; provided, however, that no setback will
be less than 15 feet plus 1/2 the width of the abutting road or area
reserved for highway purposes.
(3)
A side yard of not less than 10 feet shall be provided for on each
side of every building.
(4)
A rear yard of not less than 20 feet shall be provided for every
building, except one of not less than 10 feet shall be provided for
a building used for or classified as an accessory use.
(5)
Every lot on which a building is erected shall have a minimum width
of 80 feet.
(6)
No single-family residence built or existing in this district shall
have a height greater than 40 feet from the grade abutting the structure
on the front side of the structure. For purposes of this subsection,
the height of the building shall include the highest roof point of
any interior portion of the structure which can be occupied, including,
but not limited to, attic and storage structures and observatories
which accommodate entry or occupancy by a person, but shall not include
roof attachments such as chimneys, antennas or decorative cupolas.
[Amended 2-9-2021 by Ord. No. 2021-01]
A.
Uses. In a C Residence District, no building or premises, unless
otherwise provided in this chapter, shall be erected or used except
for dwelling, together with accessory uses incident to the permitted
use, provided always the accessory use does not constitute or become
a public or private nuisance.
[Amended 11-11-2014 by Ord. No. 2014-08]
B.
Areas and yards. In a C Residence District, no building may be erected,
enlarged or altered except in conformity with the following:
(1)
The open area of a lot upon which a dwelling is erected, or proposed
to be erected, shall not be reduced to less than 10,500 square feet
for each family. No building not erected for a dwelling shall occupy
more than 15% of the gross area of the lot or exceed a height of 25
feet above the proposed grade of the ground.
(2)
A front yard of not less than 30 feet shall be provided for every
building on a lot for which a setback is not hereinafter provided
for. Every building shall be set back from the center line of each
adjoining street or area reserved for highway purposes, or any extension
or separated portion thereof hereafter established, not less than
the street setback specified upon the Official Zoning Map, except
that the following reductions may be made for a corner lot from the
setbacks specified on the Official Zoning Map: five feet when width
of lot is more than 80 feet but less than 90 feet; 10 feet when width
of lot is more than 70 feet but less than 80 feet; 15 feet when width
of lot is 70 feet or less; provided, however, that no setbacks will
be less than 15 feet plus 1/2 the width of the abutting road or area
reserved for highway purposes.
(3)
A side yard of not less than 10 feet shall be provided for on each
side of every building.
(4)
A rear yard of not less than 20 feet shall be provided for every
building, except one of not less than 10 feet shall be provided for
a building used for or classified as an accessory use.
(5)
Every lot on which a building is erected shall have an average minimum
width of 80 feet.
(6)
No single-family residence built or existing in this district shall
have a height greater than 35 feet above the lowest point of the lot
grade abutting the structure. For purposes of this subsection, the
height of the building shall include the highest roof point of any
interior portion of the structure which can be occupied, including,
but not limited to, attic and storage structures and observatories
which accommodate entry or occupancy by a person, but shall not include
roof attachments such as chimneys, antennas or decorative cupolas.
[Amended 2-9-2021 by Ord. No. 2021-01]
A.
Intent. This section is adopted for the promotion of the public health, safety and welfare such as to provide for adequate light, pure air, safety and ample parking facilities. It is intended that the uses specified in Subsection C shall be permitted, and the uses specified in Subsection D shall be conditional. It is further intended that site plan review is required for all conditional uses, per Subsection D(2)(e), and site plan review is required for all permitted uses and conditional uses when exterior work is proposed per Subsection E and § 745-19.
[Amended 6-11-2013 by Ord. No. 2013-04]
B.
In a D
Business District, no building, structure or premises shall be used
nor shall any building or structure be erected, altered or enlarged
except as provided below.
C.
Permitted uses. The following uses are permitted in the D Business
District:
(1)
Business offices, defined as follows. A business office is use of
a tenant space or building solely for administrative functions of
an organization, with no retail or wholesale sales or services on
site.
(2)
Computer services, defined as follows: "computer service" is use
of a tenant space or building for repair, maintenance and ancillary
sales of computers, computer components, computer hardware and computer
software, for retail customers.
(3)
Financial service institutions, defined as follows. Financial services
institutions are banks, savings banks, savings and loan associations,
credit unions, and trust companies, as further defined and regulated
by Chapter 404, Wisconsin Statutes, titled "Uniform Commercial Code
- Bank Deposits and Collections," specifically excluding payday loan
businesses, licensed lenders, pawnbrokers and community currency exchanges
that are subject to licensure under § 138.09, 138.10 or
218.05, Wis. Stats., and institutions similar thereto.
(4)
Offices of trade and professions licensed by a governmental agency,
subject to the following limitations. For purposes of this subsection,
trade offices are the use of a tenant space or building by an electrician,
plumber, carpenter or person in a similar building or construction
trade that provides licensed services off site within the Village
and its environs. For purposes of this subsection, professional offices
are the use of a tenant space or building by an architect, dentist,
doctor, lawyer or other licensed person that offers services to people
within the Village and its environs by a person with a degree from
a four-year college or university that is listed on the U.S. Department
of Education Database of Accredited Postsecondary Institutions and
Programs, or subsequent educational degree from such an institution,
in a field closely related to the service offered.
D.
Conditional uses.
(1)
Uses. The following uses can be allowed by conditional use permit
in the D Business District, pursuant to the conditional uses procedures
described below:
(a)
Bowling alleys.
(b)
Dance, music or physical health studios.
(c)
Gasoline service stations.
(d)
Greenhouses.
(e)
Hotels and motels.
(g)
Premises licensed to sell alcoholic beverages.
(h)
Restaurants except drive-ins.
(i)
Retail and services stores except commercial sale or purchase
of guns.
(j)
Schools and day-care centers.
(k)
Television, video and photo production studios.
(l)
Theaters, except outdoor theaters.
(m)
Video game arcades.
(n)
Wholesale office or sample rooms.
(o)
Other uses found to be substantially similar uses to those listed
here by the Village Plan Commission.
(2)
Application. The applicant shall furnish on an application provided
by the Building Inspector for referral to the Plan Commission the
following information:
(a)
Name and address of owner and/or operator.
(b)
The specific interest of the applicant in the property. If the
applicant is not the owner, all owners must be listed and sign as
co-applicants.
(c)
Address and legal description of site.
(d)
Current survey of site showing existing improvements, if any.
(e)
Site plan of proposed project and, if requested, appropriate
elevations, building and landscape information.
(3)
Fee. The applicant shall pay a fee set by the Village Board from
time to time.
(4)
Plan Commission recommendation. The Village Plan Commission shall
review the application and make recommendations to the Village Board
on the following areas:
(b)
Whether there will be compliance with all other provisions of this chapter, including Subsection F of this section, except if the project is deemed to be of superior quality by the Plan Commission. Then, in such cases, the front setback shall not be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes;
(c)
Whether the approval of the application would impede the normal
and orderly development and improvement of the adjoining properties
or properties in the same D Business District;
(d)
Whether adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided;
(e)
Whether adequate measures have been or will be taken to provide
ingress and egress so designed as to minimize traffic congestion on
the public streets;
(f)
Whether there will be compliance with all other applicable laws
and regulations;
(g)
Whether traffic entering or exiting the site is likely to endanger
safety or cause congestion on nearby streets.
(5)
Conditions. Conditions which may be imposed as deemed necessary by
the Village Board shall include:
(a)
Commencement, staging and completion dates.
(b)
Types of construction.
(c)
Landscaping.
(d)
Planting or other screening.
(e)
Parking.
(f)
Fencing.
(g)
Lighting.
(h)
Hours of operation.
(i)
Front, rear and side yard setbacks and whether parking within
them is permitted.
(j)
Operational plan.
(k)
Highway access and loading provisions.
(l)
Traffic circulation.
(m)
Highway dedication.
(n)
Deed restrictions.
(o)
Sureties.
(p)
Signs.
(q)
Noise control.
(6)
Public hearing. A public hearing may be held by the Village Board
in the event of a favorable recommendation by the Village Plan Commission
to consider the application, the recommendations of the Village Plan
Commission, and other pertinent information.
(7)
Village Board action. After any public hearing, and after approval
by the Village Board, the Village Board may authorize the Village
staff to issue a conditional use permit with or without conditions
after finding such conditional use or structure is in accordance with
the purpose and intent of this section and any conditions shall be
attached to the permit.
(8)
Inspection. To ensure that the applicant has fulfilled the conditions
for operation agreed to and made part of the conditional use permit,
the Building Inspector may conduct a review within six months after
the grant of the occupancy permit and report to the Plan Commission.
If conditions are not being met, the Plan Commission shall do one
of the following three: grant a continuation of time to achieve compliance,
recommend a modification of the conditions, or recommend rescission
of the conditional use designation to the Village Board. After the
formal review period, the Building Inspector is empowered to review
the subject Conditional Use at any time to ensure that the original
conditions imposed on the use are being met. Failure to meet all conditions
of the permit shall be cause for rehearing of the permit before the
Plan Commission at which time the Plan Commission may recommend and
Village Board approve or deny continuation of the conditional use.
(9)
Limited exception for minor interior work. Separate conditional use
approval is not required for an alteration to an existing building,
structure or premises, if all of the following conditions are met:
E.
Plan review. To encourage a business environment that is compatible with the residential character of the Village, building permits that include any exterior work regarding permitted principal uses and conditional uses in the D Business District shall not be issued without site plan review and approval by the Village Board, pursuant to Subsection F of this section.
F.
Regulation.
In a D Business District, no building may be erected, enlarged or
altered except in conformity with the following:
(1)
Final site plans shall be submitted to and be subject to approval
by the Village Board before a building permit shall be issued. Said
site plans shall show the following: drainage, the location of all
buildings, fences, walls, signs, lighting, installations, landscaped
areas, off-street parking, and loading areas, the arrangement of internal
and in-and-out traffic flow, and the relationship to immediately abutting
streets and other property, all to be in conformity with the provisions
of this chapter and other ordinances of the Village, and also in accordance
with the following general principles as determined by the Village
Board:
(a)
The Village Board may choose to rely on the following considerations,
without limitation:
[1]
Buildings should not have a design or exterior appearance which
is of such unorthodox or abnormal character in relation to its surroundings
as to be unsightly or offensive to generally accepted taste and community
standards.
[2]
Buildings should not have a design or exterior appearance which
is so identical with those adjoining as to create excessive monotony
or drabness.
[3]
Buildings should not have any exposed facade that is not constructed
or faced with finished materials which are aesthetically compatible
with the other facades, and building facades should present an attractive
appearance to the public and to surrounding properties.
[4]
The facade which faces upon a street right-of-way should be
finished with aesthetically pleasing materials.
[5]
The relative proportion of a building to its neighboring buildings,
to pedestrians and observers, or to other existing buildings should
be maintained or enhanced when new buildings are built or when existing
buildings are remodeled or altered.
[6]
Building rooflines and roof shapes. The visual continuity of
roofs and their contributing elements (parapet walls, coping, and
cornices) should be maintained in building development and redevelopment.
[7]
Since the selection of building colors has a significant impact
upon the public and neighboring properties, color should be selected
in general harmony with existing neighborhood buildings.
[8]
No building or sign should be permitted to be sited on the property
in a manner which would unnecessarily destroy or substantially damage
the natural beauty of the area, particularly insofar as it would adversely
affect values incident to ownership of land in that area, or which
would unnecessarily have an adverse effect on the beauty and general
enjoyment of existing structures on adjoining properties.
(b)
No building or use should have a negative impact on the maintenance
of safe and healthful conditions in the Village.
(c)
No articles, goods, material, finished or unfinished product,
incinerators, storage tanks, refuse containers, or like equipment
should be kept outdoors, exposed to public view, or exposed to view
from adjacent buildings and property. Garbage and refuse containers
should be screened from the street and from neighboring facilities.
The Village Board may permit the outdoor display of product or merchandise
upon finding that such display is essential to a business use.
(d)
Buildings and uses should serve to implement the Village's existing
and planned stormwater drainage systems.
(e)
Buildings and uses should provide for safe traffic circulation
and safe driveway locations.
(f)
Buildings and uses should provide adequate parking and loading
areas. No loading dock or overhead door shall face upon a street right-of-way
unless a determination is made by the Village Board to allow the same
due to extraordinary circumstances.
(g)
Buildings and uses should be provided with adequate public services
as approved by the appropriate utility.
(h)
Buildings and uses shall make appropriate use of open spaces
and the Village Board may require appropriate landscaping and planting
screens.
(2)
No building shall exceed two stories in height, excluding spires,
towers, roofs or other architectural embellishments not usable for
business purposes, provided that a balcony or mezzanine floor shall
be considered as a story.
(3)
No such permitted building shall be closer than 20 feet to any adjoining
residence district, or closer than 10 feet to any lot line except
in the case of "row" type buildings, where by mutual consent common
walls are provided between adjoining buildings.
(4)
Every building shall be set back from the center line of each adjoining
street or area reserved for highway purposes, or any extension or
separated portion thereof hereafter established, not less than the
street setback specified upon the Official Zoning Map; provided, however,
that no setbacks will be less than 15 feet plus 1/2 the width of the
abutting road or area reserved for highway purposes.
(6)
Unenclosed storage of merchandise, cartons, equipment, refuse or
any other item which might detract from cleanliness, neatness and
general attractiveness of the surrounding area shall not be permitted
on the premises. Any enclosure provided for such purpose shall be
subject to approval of the Building Inspector.
(7)
Off-street parking and loading areas shall be provided as follows:
(a)
At least five parking stalls for automobiles shall be provided
for each 1,000 square feet of gross area of a building exclusive of
storage areas.
(b)
The dimensions for parking spaces and aisles shall be as follows:
[1]
Ninety-degree-angle parking, two-way traffic: stalls nine feet by
19 feet; aisles 25 feet wide.
[2]
Sixty-degree-angle parking, one-way traffic: stalls nine feet by
21 feet; aisles 18 feet wide.
[3]
Forty-five-degree-angle parking, one-way traffic: stalls nine feet
by 20 feet; aisles 14 feet wide.
[4]
Ninety-degree-angle parking, one-way traffic: stalls nine feet by
19 feet; aisles 22 feet wide.
(c)
In addition to the required parking stalls, adequate driveways
or space required for movement of automobiles on such parking area
shall be provided.
(d)
A lesser or greater number of parking stalls may be recommended
by the Plan Commission on taking into consideration the location of
the parking area, the type and use of building which the parking area
is to serve, and other parking areas available in close proximity
to the area being considered. Such recommendation will be effective
only on approval by the Village Board.
(e)
Such off-street parking area shall be surfaced and maintained
reasonably dustless in accordance with standards prescribed by the
Director of Public Works/Village Engineer and shall be adequately
lighted when in use. In no case shall any portion of the paved parking
area be closer than 20 feet to any adjoining residence district or
to any street line lying between the business district and residence
district, and said 20 feet shall be landscaped and maintained in an
attractive manner.
(f)
An off-street parking area, in addition to the defined off-street
parking area, having an area at least 10 feet wide by 25 feet long
and with a minimum fourteen-foot height clearance shall be provided
for every 20,000 square feet or fraction thereof in excess of 3,000
square feet of building area used for commercial purposes.[2]
(8)
Vehicular access driveways shall be subject to the following regulations:
(a)
The location and design of all vehicular access driveways from
the public street to the premises shall be approved by the Director
of Public Works/Village Engineer on the basis of providing reasonable
service to the premises with the minimum interference to the normal,
safe, and efficient movement of traffic and avoiding possible nuisance
or adverse effect on the surrounding residential area.
(b)
No vehicular access drives shall be permitted along that portion
of a street where the opposite frontage is zoned exclusively for residential
purposes, except where no other access is possible.
(9)
Adequate screening shall be provided under the circumstances and
in the manner as follows:
(a)
Screening shall be provided along any property line adjoining
a property zoned in a Residence District, and along that portion of
a street where the opposite frontage is zoned in a Residence District.
(b)
Such screening shall be of such a nature as to attractively
and effectively screen from ordinary view the commercial operation
and shall be subject to approval of the Director of Public Works/Village
Engineer.
(c)
If the screen is composed entirely of plant materials, it shall
be of sufficient initial depth and height and of such plant varieties
as to provide adequate visual screening within no more than two years
and during all seasons of the year.
(d)
Where architectural walls or fences are used, sufficient landscaping
shall be used in conjunction with such fence or wall to create an
attractive view from the residential side. Any wall or fence shall
be not less than four feet nor more than six feet in height.
(e)
Where the screen is for a parking area, it shall be sufficiently
opaque to prevent the penetration of headlight glare.
A.
Uses.
In an E Semi-Business District, no building or premises shall be used
nor shall any building or other structure be erected, altered or enlarged
which is arranged, intended or designed to be used for any purpose
except for the business purposes, exclusive of residential uses, hereinbelow
set forth:
(1)
Administrative and public service offices.
(2)
Professional offices.
(3)
Real estate and insurance offices.
(4)
Studios for photography, painting, music, sculpture, dance, or other
recognized fine art.
(5)
Banks, savings and loan, investment houses or other financial institutions.
(6)
Subject to approval of the Plan Commission as being compatible to
the restrictive character of the district:
(7)
Accessory uses customarily incident to any of the above permitted
uses.
B.
Regulation.
In an E Semi-Business District, no building may be erected, enlarged
or altered except in conformity with the following:
(2)
In keeping with the restrictive character of this district, the buildings
erected therein and the treatment of site shall be subject to the
following general standards:
[Amended 3-12-2013 by Ord. No. 2013-01]
In the F Institutional District, no building or premises shall
be used, nor shall any building be constructed or enlarged, and no
exterior alterations shall be made to an existing building which is
arranged, intended, or designed to be used for any purpose except
in conformity with the following.
A.
Permitted uses. The following uses are permitted in the F Institutional District, subject to the limitations and conditions of Subsection B below.
(1)
Dwelling
and residential uses accessory thereto as and when permitted in a
B Residence District.
(2)
Buildings
and adjoining grounds for:
(a)
Schools and municipal purposes, including storage yards;
(b)
Church services, exclusive of graveyards;
(c)
Social clubs or lodges, except those the chief activity of which
is a service customarily carried on as a business;
(d)
Community recreational, cultural and social service purposes operated
on a not-for-profit basis; and
(e)
Including accessory uses incident to and reasonably necessary for
the furtherance of any of the above permitted uses.
(3)
Convalescent
or nursing homes or similar institutions for the accommodation of
the aged or infirm.
B.
Limitations,
conditions and procedure.
[Amended 9-20-2023 by Ord. No. 2023-04]
(1)
Written application for the use, construction or enlargement of premises or a building or for exterior alterations to an existing building shall be made to the Plan Commission, accompanied by such building plans, sketches, renderings, and site plans as the Plan Commission determines reasonably necessary to form an opinion. A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing the application.
(2)
The Plan Commission shall study such application and make its report
to the Village Board advising the Village Board whether or not the
Plan Commission considers that the standards have been met. The standards
to be applied are:
(3)
If the Plan Commission reports that in its opinion any one or more
of the above standards have not been met, and the Village Board on
motion duly adopted agrees with this report, then the application
shall be considered denied.
(4)
If the Plan Commission reports that in its opinion the above standards
have been met, or if the Plan Commission has reported that in its
opinion any one or more of the above standards have not been met and
the Village Board has not agreed with the report of the Plan Commission,
then the Village Board shall schedule a public hearing on the application.
(5)
Notice of such public hearing shall be given by publication at least
once in the official newspaper of the Village and by mailing a copy
of such notice to all property owners who own land abutting on the
site or across a street from the site, not less than five days'
prior to the hearing. Mailing shall be to the last known address of
the respective property owners as appears from the records of the
Village.
(6)
If after such public hearing it shall appear to the Village Board
that the standards above set forth have been met, the application
shall be approved; otherwise, it shall be denied.
(7)
The Plan Commission may recommend and the Village Board (whether
or not recommended by the Plan Commission) may condition its approval
upon the compliance with such requirements as appear reasonably necessary
to ensure compliance with the above standards.
C.
Exceptions. No review pursuant to Subsection B is required in the following limited circumstances:
(1)
For
an alteration to the interior of an existing building or structure.
(2)
For
an alteration to an existing building, structure or premises, if all
of the following conditions are met:
(a)
The use has been approved by prior action of the Village Board;
(b)
The approved use will not change as a result of the alteration;
(c)
The total cost of the alteration as defined in Chapter 756, Building Construction, of this Code is $5,000 or less; and
(d)
No prior alterations have been made since the date of the Village
Board's approval of the use.
D.
Regulation.
In an F Institutional District, no building may be erected or enlarged,
and no exterior alterations shall be made to an existing building,
except in conformity with the following:
(2)
Off-street parking areas shall be provided for nonresidential buildings
subject to the following:
(a)
At least 117 square feet of parking area shall be provided for
each seat on the basis of the posted or (in the case of proposed construction)
the proposed seating capacity for a church, club, lodge, or hall for
assembly. The parking square footage includes the area used for parking
stalls and the driving areas between and at the end of rows of parking
areas; it excludes the driveways leading into the parking area from
streets, structures, other parking areas, etc. The dimensions for
parking spaces and aisles shall be as follows:
[1]
Ninety-degree-angle parking, two-way traffic: stalls nine feet by
19 feet; aisles 25 feet wide.
[2]
Sixty-degree-angle parking, one-way traffic: stalls nine feet by
21 feet; aisles 18 feet wide.
[3]
Forty-five-degree-angle parking, one-way traffic: stalls nine feet
by 20 feet; aisles 14 feet wide.
[4]
Ninety-degree-angle parking, one-way traffic: stalls nine feet by
19 feet; aisles 22 feet wide.
(b)
In order to eliminate daily on-street parking around areas in
which children are present and to eliminate on-street parking and
loading of school buses, the following rules are adopted:
[1]
One parking space for employees, including teachers (part- and
full-time), administrators (part- and full-time), and support staff
(part- and full-time);
[2]
One and one-half parking spaces shall be provided per classroom
to allow for visitor parking;
[3]
One space shall be provided for every five students 16 years
and older;
[4]
Sufficient off-street parking spaces shall be provided for the
safe and convenient loading and unloading of students as determined
by the Director of Public Works/Village Engineer and Police Department
based on the following criteria:
[6]
The parking square footage includes the area used for parking
stalls and the driving areas between and at the end of rows of parking
areas; it excludes the driveways leading into the parking area from
streets, structures, and other parking areas, etc.;
[7]
The dimensions for parking spaces and aisles shall be as follows:
[a]
Ninety-degree-angle parking, two-way traffic: stalls nine feet
by 19 feet; aisles 25 feet wide.
[b]
Sixty-degree-angle parking, one-way traffic: stalls nine feet
by 21 feet; aisles 18 feet wide.
[c]
Forty-five-degree-angle parking, one-way traffic: stalls nine
feet by 20 feet; aisles 14 feet wide.
[d]
Ninety-degree-angle parking, one-way traffic: stalls nine feet
by 19 feet; aisles 22 feet wide.
(c)
Such off-street parking area shall be surfaced and maintained
reasonably dustless in accordance with standards prescribed by the
Director of Public Works/Village Engineer and shall be adequately
lighted when in use.
(d)
No portion of the parking area or of any driveway shall be closer
than 15 feet to an adjoining residence district or the lot line of
any lot on which there is an existing residence as of May 6, 1958,
or closer than five feet to any street, or closer than 10 feet to
any lot line, provided that by written mutual consent and agreement
of owners of adjoining nonresidential property filed with the Building
Inspector, this ten-foot setback may be reduced or eliminated, and
no setback is required where a lot line abuts on property on which
a railroad track is maintained.
(e)
Where offset areas are required by Subsection D(2)(d) above, such areas shall be landscaped and kept free from refuse and debris, and screening provided in conformity with the following:
[1]
Such screening shall be of such nature as to attractively and
effectively screen from ordinary view the parking area and shall be
subject to the approval of the Director of Public Works/Village Engineer.
[2]
If the screening is composed entirely of plant materials, it
shall be of sufficient initial depth and height and of such plant
varieties as to provide adequate visual screening within no more than
two years from the date of its planting and during all seasons of
the year.
[3]
Where architectural walls or fences are used, sufficient landscaping
shall be used in connection with such fence or wall to create an attractive
view from the abutting property or street, and any wall or fence shall
be not less than four feet nor more than six feet in height.
[4]
Such screening shall be sufficiently opaque to prevent the penetration
of headlight glare.
[5]
Such screening may be eliminated between adjoining parking areas
by mutual agreement of the adjoining property owners executed in writing
and filed with the Building Inspector.
(3)
The location and design of all vehicular access driveways from the
public street to the premises shall be approved by the Director of
Public Works/Village Engineer on the basis of providing reasonable
service to the premises with the minimum interference to the normal,
safe and efficient movement of traffic and avoiding possible nuisance
or adverse effect on the surrounding residential area.
(5)
Whenever any building is erected or enlarged, or exterior alterations are made to an existing building, the use of the building must be one permitted by Subsection A, and the lot and said building shall meet the following requirements:
(a)
The lot shall have a minimum street frontage of 140 feet measured
along the street which said building faces.
(b)
The lot shall maintain a side yard on each side of such building
with a minimum width of 20 feet in respect to a building 40 feet or
less in length, plus the following. The total of the side yards on
both sides of said building shall be an additional two feet for every
additional four feet of length of the building along the street on
which the building faces. This side yard calculation shall exclude
any incidental connecting corridors of only one story at the ground
level that link together otherwise separate buildings or structures
for the convenience of enclosed access and the purpose of which is
limited to ingress and egress between the connected buildings.
[Amended 11-10-2020 by Ord. No. 2020-07]
(c)
The building shall be placed and maintained on said lot.
(d)
No such building shall cover more than 35% of the area of the
lot on which it is erected or located.
(e)
Every building shall be set back from the center line of each
adjoining street or area reserved for highway purposes, or any extension
or separated portion thereof hereafter established, not less than
the street setback specified upon the Official Zoning Map; provided,
however, that no setbacks will be less than 15 feet plus 1/2 the width
of the abutting road or area reserved for highway purposes.
(f)
No institutional building built or existing in this district
shall have a height greater than 35 feet above the lowest point of
the lot grade abutting the structure, excluding, however, from this
height limitation religious institutions and spires, towers, chimneys
and nonfunctional architectural embellishments.
[1]
For institutional uses, a special exception may be sought before
the Board of Appeals from any height limitation, and the Board shall
consider, without limitation by enumeration herein, the following:
[2]
In no event shall the Board of Appeals grant a special exception
allowing a height greater than 45 feet.
E.
Doctor's Park. Milwaukee County Doctor's Park, which is identified
as Parcel Tax Key No. 0579999000, is located in the F Institutional
District and is hereby zoned as a park, to the full extent and meaning
of the words "zoned as a park" in § 59.17(2)(b)(3), Wis.
Stats.
[Added 4-12-2016 by Ord.
No. 2016-02; amended 4-12-2016 by Ord. No. 2016-07]
A.
Intent. The regulations of this district are intended to allow for
greater flexibility, variety of use, and design freedom than would
be permitted by the standard application of basic district regulations,
in the case of tracts of land of suitable size and appropriate location,
where the unified and planned development of such tract and the increased
flexibility, variety of use and design freedom would achieve optimum
utilization of the site and produce a more aesthetically satisfying
and economically desirable development than would result from the
application of basic district controls.
B.
Application of regulations.
(1)
The regulations herein set forth shall be made effective as an "overlay"
of permitted use upon the basic district to permit the planned development
pursuant to the provisions herein set forth.
(2)
Individual uses and structures as permitted and regulated by the
basic zoning district shall continue to be subject to the regulations
as already established unless they are part of a proposed planned
development.
(3)
Individual uses and structures in a planned development shall not
be subject to the specific building location, size, yard, lot size,
and open space requirements of the underlying basic district but shall
be subject to the regulations hereinafter set forth governing such
project.
(4)
Normal standards relative to road design or other engineering matters
may be modified in a planned development consistent with good engineering
practice.
C.
Procedure.
(1)
Pre-petition conference. Prior to official submittal of a petition for consideration of a planned project, the petitioner shall meet with the Plan Commission for a preliminary discussion as to the scope and nature of the proposed development. The applicant shall pay a fee as described in Chapter 63 of this Code prior to the pre-petition conference.
(2)
Petition. Following the preliminary consultation with the Plan Commission,
petition may be made to the Village Board by the owner, or his agent,
of property proposed for such development for the approval of a specific
project plan under the provisions of these regulations. Such petition
shall be accompanied by the following information:
(a)
A statement describing the general character of the intended
development along with such other information as would be pertinent
to a determination as to the suitability and desirability of granting
the proposed planned development on the particular site.
(b)
A general development plan of the project showing at least the
following information and such additional information as may be required
by the Plan Commission in a specific situation in sufficient detail
to allow the Plan Commission and the Village Board to apply the criteria
for approval as hereinafter set forth:
[1]
An accurate map of the project area, including its relationship
to surrounding properties.
[2]
Statistical data on total size of project area, area of open
space, density computation and proposed number of residential units,
population analysis, market analysis, economic analysis, impact upon
municipal services and any other similar data pertinent to a comprehensive
evaluation of the proposed development.
[3]
The pattern of public and private roads, driveways, and parking
facilities, and intended design standards.
[4]
The size, arrangement, and location of lots or of proposed building
groups.
[5]
The type, size and location of structures.
[6]
The location of sewer and water facilities, drainage facilities,
stormwater retention or detention basins, and any and all plans to
control or reduce flooding on the subject site, and from the subject
site to any and all areas on or off the site, whether within or without
the corporate limits of the Village.
[7]
Architectural drawings and sketches illustrating the design
and character of proposed structures.
[8]
The location of recreational and open space areas and areas
reserved or dedicated for public uses such as school, park, etc.
[9]
General landscape treatment.
[10]
Existing topography and storm drainage pattern
and proposed storm drainage system showing basic topographic changes.
[11]
General outline of intended organizational structure
related to property owners' association, deed restrictions, and provision
of services.
[12]
Garbage, recyclable materials, yard waste, or
hazardous material collection, storage and pickup facility plans.
(c)
A general summary of financial factors such as value of structures,
estimated improvement costs, amount proposed for landscaping and special
features, estimated sale or rental price, and total anticipated development
cost of the project.
(3)
Referral to Plan Commission. Such petition shall be referred to the
Plan Commission for study and investigation, including informal hearing
if deemed necessary. The Plan Commission shall make its recommendation
to the Village Board as to the appropriateness and desirability of
the proposed development plans, and any changes or additional conditions
applicable to such plans which it may feel necessary or appropriate.
(4)
Public hearing. Upon receipt of the Plan Commission's recommendation,
the Village Board shall before taking affirmative action to approve
such petition hold a public hearing on the proposal. Notice for such
hearing shall include reference to the consideration of the specific
proposed project development plans.
D.
Permitted uses.
(1)
Any use permitted in the basic zoning district shall be permitted
in a planned development.
(2)
Attached single-family and multiple-family dwellings with appropriate
quality and character may be permitted in a planned development.
(3)
In addition to accessory uses permitted in the basic zoning district,
such uses as a swimming or other recreational area, pavilion or similar
use designed as an accessory amenity to the planned development may
be permitted.
(4)
When the planned development consists in whole or in part of residential
units, each residential unit shall be occupied by only one family.
(5)
The owner of property that is zoned for residential use and PDO Planned
Development Overlay under this section may use a limited portion of
such property for limited commercial office use upon initial and continuing
compliance with all of the following requirements:
(a)
The improvements to the subject property must include 250 or
more residential dwelling units;
(b)
No more than one unit of average size on the subject property
shall be used for commercial office purposes, and such office operations
are restricted to the interior of said unit;
(c)
No exterior commercial sign(s) or interior sign(s) visible from
the exterior shall be maintained on the subject property for the benefit
of the commercial office purpose;
(d)
The proposed commercial office use must not be incompatible
with the residential use of the subject property as determined by
the Village Board;
(e)
The commercial office use must be owned and operated by the
owner of the subject property;
E.
Basis for approval. The Plan Commission in making its recommendations
and the Village Board in making its determination shall give consideration
and satisfy themselves to the following:
(1)
That the proposed development is consistent with the spirit and intent
of this chapter, is in conformity with the general character of the
Village and would not be contrary to the general welfare and economic
prosperity of the Village or of the immediate neighborhood, but rather
that the benefit from improved design of the resultant development
justifies the variation from the normal requirements of this chapter
through the approval of a planned development.
(2)
That the proponents of the proposed development have demonstrated
that they intend to start construction within a reasonable period
following the approval of the project, that the project appears economically
sound, that the proponents of the proposed development have the financial
capacity to carry out the project as proposed and intend to commence
and complete construction within a reasonable time from the date of
approval.
(3)
That the size, quality and architectural design of all buildings
within the project will be compatible with the general character of
the Village and specifically to the surrounding neighborhood. To arrive
at such determination, the recommendation of the Building Board shall
be obtained prior to the Plan Commission's report to the Village Board.
Approval of individual building plans by the Building Board is not
supplanted by this section.
(4)
That the specific project plans have been prepared with competent
professional advice and guidance.
(5)
That setbacks shall be maintained along any boundary street of the
project area as required by the basic zoning district.
(6)
That no building shall be permitted closer to a side or rear boundary
line of the project area than required by the applicable side or rear
yard requirements of the adjoining zoning district abutting along
a side or rear property line of the project.
(7)
That no building shall exceed the height limitation of the basic
zoning district.
(8)
In the case of proposed residential developments:
(a)
That such development will create an attractive residential
environment of sustained desirability and economic stability, compatible
with the character of the Village and where the economic impact of
the development in terms of income levels, property values, and service
demands is substantially as beneficial to the community as that which
could be anticipated under the basic zoning.
(b)
That the population composition of the development will not
substantially alter adversely the impact upon school or other municipal
service requirements as anticipated under the basic zoning.
(c)
That the project will not create traffic beyond the capacity
of the street system to serve it, and shall provide adequate off-street
parking based upon the need generated by the development.
(d)
That the total average residential density of the planned development
based upon the specific design characteristics of the development
proposed will be compatible with the previously stated criteria. Specifically,
the allowable density for a given development shall be computed by
dividing the gross area of the proposed development exclusive of existing
public right-of-way by the appropriate density factor as follows:
(e)
Where the proposed development area includes more than one dwelling
type, the density computation shall be made on the basis of the proportionate
ratio involved. An increase in the computed allowable maximum density
not to exceed 20% may be permitted as an incentive reward where in
the opinion of the Plan Commission the character and quality of the
development and of the amenities provided justify the additional density
allowance.
(f)
That the plan would result in the preservation of open land
in a manner which would enhance the total environmental setting and
desirability of the development and compensate for any reduction in
individual lot area requirements which are allowed.
(g)
That adequate guarantee is provided for permanent preservation
of the residual common open land area resulting from the application
of these regulations by private reservation, as an enhancement to
the development.
(h)
The common open area to be reserved shall be protected against
building development by conveying to the municipality as part of the
conditions for project approval an open space easement over such common
open areas restricting them against any future building or use except
as is consistent with that of providing natural or landscaped open
space for the esthetic and recreational satisfaction of the surrounding
residences. Buildings or uses for noncommercial recreational or cultural
purposes compatible with the open space objective may be permitted
only where specifically authorized as part of the development plan
or subsequently with the express approval of the Village Board following
approval of building, site, and operational plans by the Plan Commission
and the Building Board.
(i)
The care and maintenance of such common open space reservations
shall be insured either by establishment of appropriate management
organization for the project or by agreement with the municipality
for establishment of a special service district for the project area
on the basis of which the municipality shall provide the necessary
maintenance service and levy the cost thereof as a special assessment
on the tax bills of properties within the project area. In any case,
the Village shall have the right to carry out and levy an assessment
for the cost of any maintenance which it feels necessary if it is
not otherwise taken care of to the satisfaction of the Village. The
manner of assuring maintenance and assessing such cost to the individual
properties shall be determined prior to the approval of the final
project plans and shall be included in the title to each property.
(j)
Ownership and tax liability of private common open space reservations
shall be established in a manner acceptable to the municipality and
made a part of the conditions of the plan approval.
(9)
In case of proposed commercial developments:
(a)
That the economic practicality of the proposed development can
be justified on the basis of purchasing potential, competitive relationship
and demonstrated tenant interest.
(b)
That the proposed development will be adequately served by off-street
parking and truck service facilities.
(c)
That the locations for entrances and exits have been designed
to prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets, and that the development will not
create an effect upon the general traffic pattern of the area substantially
incompatible with that anticipated under the basic zoning.
(d)
That the architectural design, landscaping, control of lighting,
and general site development will result in an attractive and harmonious
service area compatible with and not creating a substantially adverse
effect upon the property values of the surrounding neighborhood.
F.
Determination.
(1)
The Village Board, after due consideration, may deny the petition,
approve the petition as submitted, or approve the petition subject
to additional conditions. Such approval shall constitute approval
of the specific project development plan.
(2)
The approval of a planned development shall be based on and include
as conditions thereto the building, site, and operational plans for
the development as approved, as well as all other commitments offered
or required as regard to project value, character, or other factors
pertinent to an assurance the proposed development will be carried
out basically as presented in the official submittal plan. Detailed
construction and engineering need not necessarily be completed at
the time the project is approved but the approval of such preliminary
plans is conditioned upon the subsequent submittal and approval of
more specific and detailed plans as the development progresses.
(3)
The developer shall enter into an appropriate development agreement,
in recordable form, with the Village to guarantee the implementation
and continued maintenance of the development according to the terms
of the conditions established as part of the development plan approval.
Any change or modifications to such approvals or the development itself
shall be accompanied by an amendment to the development agreement
in recordable form, which amendment shall leave in full force and
effect all prior development contract terms not specifically amended.
Such contracts shall be binding upon the developer's successors and
assigns and shall run with the land.
(4)
Any subsequent change or addition to an approved plan shall first
be submitted for approval to the Plan Commission, and if in the Commission's
opinion such change or addition is not substantial, it may recommend
approval to the Village Board. If such change or addition is construed
to be substantial, a public hearing shall be held prior to affirmative
action by the Village Board on such recommendation.
(5)
Failure to comply with the conditions and regulations as herein established
and as specifically made applicable to a specific project development
shall be cause for termination of the approval for said project. At
least 15 days' notice shall be given to the developer to appear before
the Plan Commission and answer any such charge of noncompliance. If
the Plan Commission finds the charges substantiated, they shall then
submit to the Village Board recommendations as to specific steps to
be taken to terminate the development as rapidly as possible if the
situation is not satisfactorily adjusted within a specific period.
Such a termination should be in a manner which will achieve the maximum
degree of the intended development objectives consistent with environmental
compatibility with the neighborhood and with the general welfare of
the community.
G.
Signage.
(1)
Where the planned development is a residential use, signs for the purpose of identification of the development may be erected and maintained in conformity with the procedure, requirements and standards set forth in Chapter 540 for signs in an institutional district.
(2)
Where the planned development use is commercial, signs or other devices for advertising the business conducted on the premises may be erected and maintained in conformity with the procedure, requirements and standards set forth in Chapter 540 for signs in a business district.
(3)
Signs indicating that a lot, parcel of real estate, or building is for sale or lease or has been sold may be erected and maintained in conformity with the procedure, requirements and standards set forth in §§ 540-4 and 540-5, except that each for sale or lease sign may have a total area of not to exceed 32 square feet.
A.
Uses.
(1)
The basic zoning in a Cultural Overlay District continues in effect
and any and all uses as authorized by such basic district continue
to be authorized subject to the provisions of this chapter in respect
to such basic district.
B.
Procedure. The procedure hereinafter set forth shall be followed before any use permitted by Subsection A(2) above is authorized. The applicant shall pay a fee described in Chapter 63 of this Code at the time of filing the application. There shall be filed with the Village Board:
(1)
A statement describing the general character of the intended use
under this section, including the days of the week and the hours of
day that people will be permitted in the premises.
(2)
An accurate map of the project area, including its relationship to
surrounding properties.
(3)
Statistical data on total size of project area, area of open space,
and impact upon municipal services.
(4)
The pattern of public and private roads, driveways and parking facilities.
(5)
General landscape treatment.
(6)
If a new building or addition or remodeling to an existing building
is considered, then also architectural drawings and sketches illustrating
the design and character of such proposed new building or addition
or changes.
(7)
General outline of the intended organizational structure related
to ownership and operation of the project.
(8)
Estimated financial factors, such as estimated cost of maintenance
and operation and estimated source or sources of income.
(9)
Such other information as the Village Board or the Plan Commission
considers necessary to act under this section.
C.
Referral to the Plan Commission. Upon receipt of the above material
the Village Board, if it believes the proposed project might be acceptable,
shall refer the matter to the Plan Commission for study and investigation.
Such Commission, if it desires, may have a public hearing, formal
or informal. The Plan Commission shall make its recommendation to
the Village Board as to the appropriateness and desirability of the
proposed use, and any changes or conditions which it feels are necessary
or advisable.
D.
Public hearing. Upon receipt of the Plan Commission's recommendation,
the Village Board may or may not approve the proposed use. Before
taking action to approve such use, the Village Board shall hold a
public hearing on the proposal.
(1)
Notice of such hearing shall include reference to the consideration
of the specific proposed project including a brief description thereof.
(2)
Notice of such hearing shall be given by:
(a)
Publication once each week for two weeks, the first such publication
to be not less than three weeks prior to the date of the hearing,
and
(b)
Mailing a copy of such notice to the owner of each lot or parcel
of real estate that is within 500 feet of the lot or parcel of real
estate on which the proposed use will be exercised. Such mailing shall
be made not lets than three weeks prior to the date of the hearing.
The owners of lots or parcels of real estate to whom notice is to
be given shall be determined from the records of the Village for the
levying of real estate taxes.
E.
Basis for approval. The Plan Commission, in making its recommendation,
and the Village Board, in making its determination, shall give consideration
to and satisfy themselves as to the following in respect to the proposed
use:
(1)
That the proposed development is consistent with the spirit and intent
of this chapter; is in conformity with the general character of the
Village, and would not be contrary to the general welfare and economic
prosperity of the Village or the immediate neighborhood.
(2)
That the project appears economically sound and that there are or
adequate arrangements have been made to reasonably assure the continued
maintenance of the development.
(4)
The setbacks will be maintained along any boundary street of the
project area as required by the basic zoning district.
(5)
That no building will be permitted closer to the side or rear boundary
line of the project area than required by the applicable side or rear
yard requirements of the adjoining zoning district abutting along
a side or rear property line of the project.
(6)
That no building shall exceed the height limitation of the basic
zoning district.
(7)
That the project will not create traffic beyond the capacity of the
street system to reasonably serve it, and that there will be adequate
off-street parking based upon the need generated by the proposed project.
(8)
That the care and maintenance of the grounds and buildings comprising
such project will be assured by the establishment of an appropriate
management organization, or by the Village with the cost to be charged
as a special assessment, and that the Village shall have the right
to perform such maintenance work as it feels reasonably necessary
to properly maintain the building and grounds, if this is not otherwise
taken care of, and to levy the cost thereof as a special assessment.
Any such special assessment shall be due and payable and collectible
as all other special assessments, even though the property may be
exempt from general real estate taxes, in whole or in part.
F.
Determination. The Village Board, after due consideration, including
consideration of the report of the Plan Commission, may reject the
project or approve the project as originally proposed or approve it
subject to certain changes, modifications, provisions and conditions
as the Board considers reasonably necessary.
G.
Deed restrictions; contract. The Village Board shall require that
the owner of the property on which such project will be located and/or
any organization involved in the management and operation of such
project place on the property deed restrictions, or enter into such
contract with the Village as the Village Board determines reasonably
necessary to assure continued compliance with the provisions of this
section, and containing such provisions and conditions as the Village
Board deems proper to regulate the use and maintenance of any changes
in the project. The Village Board may require both deed restrictions
and a contract.
H.
Change. No change or addition to any project approved under this
section shall be made without being first submitted to the Plan Commission
for its report to the Village Board and then approval by the Village
Board.
(1)
As a condition to the approval of any such requested change or addition
to a project previously approved, the Village Board may require so
much of the procedure for original approval of a project to be followed
as it determines reasonably necessary in order to make a determination
as to the proposed change or addition and may require modified or
additional deed restrictions to be recorded or an amendment to an
existing contract or a new contract, or both such deed restrictions
and contract.
I.
Building Board. Approval of a project pursuant to this section does
not affect the necessity of approval by the Building Board in respect
to any new construction or remodeling and the design and placement
of any sign on the premises.
[Amended 12-10-2013 by Ord. No. 2013-10]
A.
Purpose. This section is intended to regulate mobile service facilities
to the full extent allowed by Wisconsin Statutes § 66.0404
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 Wisconsin Statutes § 66.0404
or other applicable laws. These regulations apply equally to small
wireless facilities, however, nothing herein is intended to regulate
or to authorize the regulation of small wireless facilities in a manner
that is preempted or prohibited by Subpart U to Part 1 of Title 47
of the United States Code of Federal Regulations or other applicable
laws or regulations.
[Amended 4-9-2019 by Ord.
No. 2019-03]
B.
Definitions. All terms used herein shall have the meaning described
in Wisconsin Statutes § 66.0404(1). Mobile service support
structures and mobile service facilities are referred to herein in
some cases as "MSSF." "Small wireless facilities" as used herein shall
have the meaning described in Part 1 Title 47 CFR Subpart U, § 1.6002(1).
[Amended 4-9-2019 by Ord.
No. 2019-03]
C.
New towers and facilities. The siting and construction of new mobile
service support structures and facilities whether intended to serve
small wireless facilities or any other MSSF, shall be subject to the
following requirements:
[Amended 4-9-2019 by Ord.
No. 2019-03]
(1)
Application process. The applicant shall submit a written application
which shall include all of the following information:
(a)
The name and business address of, and the contact individual
for, the applicant.
(b)
The location of the proposed tower.
(c)
The location of the mobile service facility.
(d)
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.
(e)
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.
(2)
Determination of completeness within 10 days of submittal. The Village
Building Inspector 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 Building Inspector 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 it is complete.
(3)
Conditional use review procedure. The MSSF shall be a conditional
use, and shall be reviewed pursuant to the following procedures:
(a)
Plan Commission review. After an application and all required
information has been filed, the Plan Commission shall review the matter
and shall make a recommendation to the Village Board.
(b)
Fee. Any petition 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 petitioner.
Such fee shall not exceed the limits established by Wisconsin Statutes
§ 66.0404(4)(d).
(c)
Determination. The Village Board shall hold a public hearing,
upon Class 2 notice as described in Chapter 985, Wisconsin Statutes.
The Village Board shall make a decision on the application within
a reasonable time after receipt of the Plan Commission recommendations,
provided further that final action shall be taken within 90 days of
receipt of a complete application unless the time extended by the
petitioner. 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.
A grant of conditional use status, subsequent changes or additions
thereto and terminations thereof shall be recorded as follows:
[1]
An official record of such conditional grant shall be prepared
by the Village Clerk/Treasurer on a form prescribed therefor which
shall include the description of the use for which the grant is given
and all conditions attached thereto. A copy of the completed form
shall be recorded at the Milwaukee County Register of Deeds as a covenant
on the title for the premises for which the conditional use was granted.
[2]
The occupancy permit shall be appropriately noted as to the
conditional status granted.
[3]
Indication shall also be made on the Zoning Map by appropriate
code number or symbol.
(4)
Requirements.
(a)
Siting standards.
[1]
AMSSF shall:
[a]
Be substantially screened from public view and
rights-of-way by trees, mature vegetation, natural features or structures
on the subject property;
[b]
Be completely camouflaged in a manner that is architecturally
compatible with the structure on which it is mounted and integrated
as an integral architectural element of the structure; or
[c]
Not contain guyed towers or lattice towers.
[2]
The screening required in this section may exist on the subject
property or be installed as part of the proposed MSSF or a combination
of both.
[3]
No MSSF shall be located on a site containing a dwelling, nor
be closer than 500 feet from a property line of an existing dwelling.
No MSSF shall be closer than 500 feet from the property line of a
vacant lot or vacant parcel in a residentially zoned district or a
school, except as follows: The minimum setback from dwellings and
schools may be reduced to no less than 100 feet for communications
facilities that are up to 100 feet in height that are located on lots
that have existing public utility, state, federal, Milwaukee County,
or Village government structure(s) at the time of the application,
and provided further that the Board finds in its consideration of
the conditional use order that this reduction is appropriate and consistent
with the intent of the Code under all of the facts and circumstances
presented.
[Amended 10-13-2015 by Ord. No. 2015-03]
[4]
A MSSF shall be set back from all property lines a distance equal to the height of the MSSF and comply with any other zoning setback requirements, 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. The front, side, or rear setbacks, building size, open space requirements, and use limitations of Chapter 745, may be modified by the Village Board in its consideration of the application and the standards of § 745-23, and shall be determined by the grant or denial of the conditional use permit. Due to the constraints of § 66.0404, Wis. Stats., and other laws, the conditional use approval procedures of this § 745-23 shall be the exclusive zoning approval procedure for a new or substantially modified MSSF, eliminating the need for any other procedural reviews or approvals described in Chapter 745, including but not limited to the review and approval procedures described §§ 745-18, 745-19 and 745-20; although the intent of such sections may be considered to the extent that they are relevant to the standards of this § 745-23.
[Amended 10-13-2015 by Ord. No. 2015-03]
[5]
A side-mounted MSSF shall not project more than 42 inches from
the side of a non-dwelling unit facade, shall not extend above the
highest point of the roof of the structure and shall be screened and
camouflaged as required herein. The MSSF shall not project into an
easement, driveway or setback unless otherwise specified in the conditional
use permit.
[6]
An equipment cabinet shall be located within or adjacent to
the structure on which a MSSF is placed, or located below natural
grade underground, if site conditions permit and if technically feasible.
An equipment cabinet shall be completely screened from view by compatible
wall, fence or landscaping consistent with Village landscaping guidelines,
except that an equipment cabinet larger than 144 cubic feet may not
be required to be totally screened from view if the Village Board
finds, at its discretion, that the cabinet has been designed with
a structure or facade, materials, colors or detailing that effect
a structure which emulates the residential character of the area.
[7]
A security barrier shall be screened from view through the use
of appropriate landscaping materials consistent with Village landscaping
guidelines.
(b)
Design standards. The following design criteria apply to consideration
of a conditional use permit for a MSSF, in addition to others which
may be identified and utilized by the Village Board in its consideration
of the conditional use permit or amendment thereto:
[1]
Appearance. The degree to which the MSSF "blends with" or "disturbs"
the setting, the subject property and its character and use, or neighboring
properties and their character and use; and to the extent allowed
by law, the Village shall consider the cumulative visual effects of
MSSFs and any mount, specifically their appearance or domination of
the skyline, natural and structural features or terrain, in determining
whether to approve a conditional use permit;
[2]
Form. The degree to which the shape of the MSSF and any equipment
cabinet relates to its surroundings;
[3]
Color. A MSSF shall be in natural tones and a nonreflective
color or color scheme appropriate to the background against which
the MSSF would be viewed from a majority of points within its viewshed.
"Natural" tones are those reflected in the natural features and structural
background against which the MSSF is viewed from a majority of points
within its viewshed. Final colors and color scheme must be approved
by the Village Board;
[4]
Size. The silhouette of the MSSF shall be reduced to minimize
visual impact.
[5]
Materials. Materials will be durable and maintain their aesthetic
appearance.
(c)
Noise and environmental standards.
[1]
To the extent allowed by law, the following noise and environmental
standards apply to consideration of a conditional use permit for a
MSSF in addition to the monitoring requirements of this section:
[a]
MSSF shall not generate noise in excess of 50 decibels
(dba).
[b]
An environmental assessment is required by the
National Environmental Policy Act (NEPA) for any MSSF prior to commencing
operations where any of the following exist: wilderness area; wildlife
preserve; endangered species; historical site; Indian religious site;
floodplain; high intensity white lights in residential neighborhoods.
An environmental assessment which, at a minimum, conforms with FCC
requirements shall be submitted to the Village for each MSSF where
any of the above exists, and when the FCC requires such an environmental
assessment to be submitted to the FCC. If the applicant has determined
that an environmental assessment is not required pursuant to FCC rules,
this article and applicable state law and Village Code, a written
certification to that effect must be submitted to the Village. If
an application has not included an environmental assessment that the
Village finds to be necessary under the National Environmental Policy
Act, the Village may prepare, or cause to be prepared, such an environmental
assessment at the applicant's expense. The environmental assessment
shall be amended or revised by the applicant within 30 days after
notice to do so from the Village when modifications are made or occur
on the MSSF. Failure to amend or revise shall constitute grounds for
revocation of the conditional use permit or amendment.
[2]
Within 90 days after the approval of the conditional use permit,
and annually from the date of approval of the permit or amendment,
the permittee shall submit existing and maximum future projected measurements
of noise from the MSSF for the following:
[a]
Existing MSSF: maximum noise from the MSSF.
[b]
Existing MSSF plus cumulative: maximum estimate
of noise from the existing MSSF plus the maximum estimate of noise
from the total addition of co-located MSSFs.
[c]
Certification, signed by an acoustical engineer,
stating that noise measurements are accurate and meet Subsection C(4)(c)[2](a)
above.
(d)
Co-location and limitations.
[1]
A permittee shall cooperate with other personal wireless service
carriers in co-locating antennas and mounts, provided the proposed
co-locators have received a conditional use permit for the use at
such site from the Village. A permittee shall exercise good faith
in co-locating other personal wireless service carriers and sharing
the permitted site, provided such shared use does not give rise to
a substantial technical level impairment of the ability to provide
the permitted use (i.e., a significant interference in broadcast or
reception capabilities).
[2]
All applicants shall demonstrate reasonable efforts in developing
a co-location alternative for their proposal. Applicants choosing
to construct a new mobile service support structure must provide an
explanation as to why the applicant chose the proposed location and
why the applicant did not choose co-location. Such explanation shall
include a sworn statement from an individual who has responsibility
over the placement of the mobile service support structure attesting
that co-location within the applicant's search ring would not result
in the same mobile service functionality, coverage, and capacity;
is technically infeasible ; or is economically burdensome to the mobile
service provider.
[3]
Failure to comply with the co-location requirements of this
section may result in the denial of a permit request or revocation
of an existing permit.
(e)
Aesthetic requirements. The following aesthetic standards apply:
[1]
In areas where facilities are currently nonexistent or underground,
undergrounding is required.
[2]
No new aboveground structures, including colocations on existing
structures, shall be placed within 500 feet of an historic structure
recognized as a historic landmark by the U.S. Department of the Interior,
or the State of Wisconsin Historical Society. 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.
[3]
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.
[4]
Any party objecting to the requirements of this Subsection C(4)(e) 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 violate state or federal law.
(5)
Permit limitations and general conditions.
(a)
In addition to the general authority of the Village to review
a conditional use permit, the conditional use shall be reviewed in
each of every fifth year after the date of permit approval. Continuation
of the use after each such review shall be specifically conditioned
upon continued compliance with all existing regulations affecting
the MSSF.
(b)
The conditional use permit shall become null, void and nonrenewable
if the permitted facility is not constructed and placed into use within
one year of the date of Village Board permit approval, provided that
the conditional use permit may be extended one time for six months
if construction has commenced before expiration of the initial year.
(c)
The permit shall expire and the permittee must remove the MSSF
if the use is discontinued for a period in excess of 90 days in any
three-hundred-sixty-five-day period. A permittee shall notify the
Village in writing at least 30 days prior to abandonment or discontinuance
of the conditional use permit.
(d)
If the conditional use permit expires, terminates, is abandoned
or revoked for any reason pursuant to this section, if removal of
the MSSF is required in this article, or if the use is discontinued
pursuant to this section, the MSSF shall be removed as required herein.
If the MSSF is not so removed, the Village may cause the facility
to be removed and all expenses of removal shall be paid by the owner
of the land where the facility is located. If not paid by the owner
within 30 days of notice by the Village, the Village's costs shall
be charged against the property pursuant to Wisconsin Statutes Section
66.0627, and shall constitute a lien against the subject property.
The term "remove" shall include but not be limited to the following:
[1]
Removal of antenna, equipment cabinet, security barrier from
the site;
[2]
Transportation of the antenna, mount, equipment, equipment cabinet
or security barrier to a location off-site; if the location is within
the Village limits, it is subject to approval by the Village.
[3]
Restoration of the site of the MSSF to its natural condition,
except that any landscaping and grading shall remain in finished condition.
(e)
The permittee(s) and the personal wireless service carrier shall
jointly and severally warrant and represent to the Village and its
residents the safety of the MSSF. The personal wireless service carrier
and the permittee(s), upon granting of a conditional use permit or
amendment for a MSSF use, shall indemnify, protect and hold harmless
the Village, its officers and agents and residents, from and against
any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney fees (collectively "liabilities")
incurred by the Village arising directly or indirectly from: the MSSF
use as contemplated herein and within the conditional use permit;
and the installation and operation of the MSSF. The personal wireless
service carriers' compliance with this section is an express condition
of the conditional use permit and is binding on any and all of personal
wireless service carriers or permittee(s) successors and assigns.
The requirements of this section shall survive the termination of
any such permit or amendment.
(f)
The permittee shall carry a commercial general liability insurance
policy with limits of liability not less than $1,000,000 general aggregate,
$1,000,000 personal injury and $1,000,000 each occurrence. Permittee
shall also carry umbrella liability insurance with limits of liability
not less than $10,000,000 each occurrence, $10,000,000 aggregate.
Coverage under either policy shall not contain a standard form pollution
exclusion, nor shall it exclude claims or suits that arise from the
effects of electromagnetic fields or radiation, if such coverage is
available. The maximum deductible shall be $5,000 per occurrence.
(g)
The permittee shall maintain the MSSF to standards that are
imposed by the Village at the time of granting of a permit or amendment
thereto. Such maintenance shall include, but shall not be limited
to, maintenance of the paint, structural integrity and landscaping.
If the permittee fails to maintain the facility, the Village may undertake
the maintenance at the expense of the permittee or terminate or revoke
the permit, at its sole option. If such maintenance expense is not
paid by the owner within 30 days of notice by the Village, the permittee
agrees that the Village's costs shall constitute a lien upon the subject
property upon its execution and filing with the county recorder's
office.
(h)
A conditional use permit or amendment granted to a permittee
is specific to the owner and personal wireless service carrier and
may not be assigned; provided, however, that the personal wireless
service carrier may assign its interest in the permit to any subsidiary
or other affiliate of the personal wireless service carrier. In the
event of such assignment, the assignee shall re-execute the conditional
use permit or amendment thereto within 30 days of the effective date
of the assignment or the permit shall automatically expire. Permittee
shall notify the Village of any change in ownership or operations
of the MSSF at least 90 days prior to such change taking place for
approval by the Village, which approval shall not be unreasonably
withheld.
(i)
Where the Village Board finds that strict compliance with the
requirements of this section may result in extraordinary hardship
or are needed to ensure the Village's compliance with federal or state
law, the Village Board may modify such requirements only upon a written
showing by the permittee(s) of noncompliance with applicable law or
extraordinary hardship so that substantial justice may be done and
the public interest secured. "Hardship," as used herein, shall include,
but not be limited to, a finding that special circumstances applicable
to the property, including its size, shape, topography, location or
surroundings, will deprive such property of privileges enjoyed by
other property in the same classification in the same zoning district
through the strict application of this chapter. In granting such modifications,
the Village Board may require such conditions as will, in its judgment,
secure substantially the objective of the standards or requirements
so varied and modified.
(j)
Any violation of the terms of this section or the conditional
use permit may result in revocation by the Village of the conditional
use permit. The Village may revoke the conditional use permit upon
60 days' prior notice, if, in its sole judgment, it determines the
MSSF poses a safety risk. If such safety risk(s) are not cured by
the permittee within 60 days after notice from the Village, the Village
may revoke or modify the conditional use permit. Acceptance of any
portion of the conditional use permit is acceptance of the entire
conditional use permit and the terms of this section.
(k)
Within 90 days after issuance of the FCC operational permit,
the personal wireless service carrier shall provide a copy of such
permit to the Village and register the MSSF, providing information
and data as may be requested by the Village. Any change in the permit
or registration data shall be filed with the Village within 30 days
after the change is made. The personal wireless service carrier shall
submit to the Village a copy of its FCC Form 600 prior to the Village's
approval of final inspection of a building permit for the MSSF or
portion thereof.
(l)
The Village and its agents are authorized to enter on the subject
property and MSSF site for the purpose of inspection and determining
compliance with this section and the provisions of the conditional
use permit.
(6)
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). 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.
D.
Modifications. The construction of modifications to an existing mobile
service support structure or mobile service facility, and any installation
of a small wireless facility on an existing structure, shall be subject
to the following requirements:
[Amended 4-9-2019 by Ord.
No. 2019-03]
(1)
Substantial modification.
(2)
Not substantial modifications.
(a)
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:
(b)
Completeness determination within five days. The Village Building
Inspector 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 Building Inspector 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.
(c)
Fee. Any petition 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 petitioner. Such fee shall not
exceed the limits established by Wisconsin Statutes § 66.0404(4)(d).
(d)
Determination. The Village Board shall make a decision on the
application within a reasonable time after receipt of the Plan Commission
recommendations, provided further that final action shall be taken
within 45 days of receipt of a complete application unless the time
is extended by the petitioner. 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.
(e)
Limitations upon authority. The Village review and action in
the matter shall be subject to the limitations imposed by Wisconsin
Statutes § 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.
A.
Where the side or rear yard of a lot abuts on the east right-of-way
of I-43, the setback required for either such side yard or rear yard
as provided by the zoning district in which said lot is located shall
be maintained except as hereinafter provided.
B.
On application to and approval by the Building Board, a building
or structure for an accessory use may be located within the area otherwise
required for a side yard or rear yard setback, provided it is not
closer to the right-of-way line of I-43 than three feet, and landscaping
adequate to shield such accessory building or structure from said
right-of-way is planted and maintained.
C.
Application for approval of the construction of such building or
structure shall be made to the Building Board along with such drawing
or plat as said Board considers adequate to show the proposed location
of such building or structure, and also to show the proposed location
and type of planting that will be made and maintained to shield such
proposed building or structure from the right-of-way. If the Building
Board determines such planting is adequate to so screen said proposed
building or structure and the building or structure otherwise complies
with the Code of the Village of Fox Point, it shall approve the construction
of such accessory building or structure and the landscaping; otherwise,
it shall disapprove. The planting approved for such screening shall
be done not later than one year after the granting of a building permit
for the building or structure, and after being planted shall be maintained
in a neat manner, and in the event of the death of any such planting,
replacement shall be made.
D.
Failure to make the planting within the time herein provided or to
maintain the same as herein provided shall constitute a violation
of this section, and each day such condition continues to exist shall
be a separate violation. In the event the Building Board determines
that the planting does not meet the standards herein established,
an appeal may be taken to the Board of Appeals as in other cases.
E.
The Building Inspector shall not issue a building permit for the
construction of a building or structure located as authorized by this
section until the landscaping required by this section has been approved
as above provided.
A.
Where a use of property exists which is authorized in a zoning district
(hereinafter referred to as "basic district") as a special exception,
such use may be authorized to extend, not to exceed 40 feet, into
property in a bordering zoning district (hereinafter referred to as
"bordering district"), even though such use would not otherwise be
permitted in the bordering district.
B.
Application shall be made to the Village Board requesting such extension. Such application shall be in writing signed by the owner of the property in the bordering district and shall set forth the use which exists in the basic district and which it is desired to extend into the bordering district and the reason such extension is requested. A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing the application.
C.
The Village Board shall refer such application to the Plan Commission
for its consideration. The Plan Commission shall consider the matter
and report to the Village Board making its recommendation as to whether
or not such extended use should be authorized, and may recommend that
such extended use be subject to conditions and safeguards which it
considers necessary to or desirable for the public interest, and to
meet the requirements of this section.
D.
The Plan Commission in acting on the request shall take into consideration:
(1)
Uses authorized in the basic district.
(2)
The particular use existing on the property involved in the basic
district.
(3)
Uses authorized in the bordering district.
(4)
The particular use existing on the property involved in the bordering
district.
(5)
The character and use requested for the extended use, including proposed
buildings and traffic layout.
(6)
The character and use of property and buildings in the vicinity of
the property which would be subject to the extended use.
(7)
Such other matters as the Plan Commission considers germane to the
question.
E.
The Plan Commission may recommend the authorization of the extended
use if it is of the opinion that the extended use:
(1)
Will not be injurious to the other properties in the neighborhood
and will not interfere with the use and enjoyment of their property
by persons residing or working on other property in the neighborhood;
(2)
Will not cause a substantial depreciation in the property value in
the neighborhood; and
(3)
Will be in harmony with the general purpose and intent of this chapter.
F.
On the receipt of the recommendation of the Plan Commission, the
Village Board shall review the same and, applying the standards above
set forth for the Plan Commission in considering the matter, shall
make its own determination as to whether or not to authorize the extended
use, and the Village Board may authorize such use or may deny it,
or may authorize it subject to conditions and safeguards as above
provided in respect to the Plan Commission in making its recommendation.
G.
Before taking action to authorize such use, the Village Board shall
hold a public hearing on the proposal.
(1)
Notice of such hearing shall include reference to the consideration
of the specific proposed extended use, including a brief description
thereof.
(2)
Notice of such hearing shall be given by:
(a)
Publication once each week for two weeks, the first such publication
to be not less than three weeks prior to the date of the hearing;
and
(b)
Mailing a copy of such notice to the owner of each lot or parcel
of real estate that is within 500 feet of the real estate on which
the proposed use will be exercised. Such mailing shall be made not
less than three weeks prior to the date of the hearing. The owners
of lots or parcels of real estate to whom notice is to be given shall
be determined from the records of the Village for the levying of real
estate taxes.
H.
Any extended use so granted is limited solely to that use. If the
use of the property in the basic district is changed, this does not
authorize the changed use in the bordering district.
I.
The above provision shall apply when the basic district is in another
municipality, as well as when it is in the Village of Fox Point.
J.
Discontinuance of an extended use for a period of six months or failure
to comply with all conditions and safeguards specifically made applicable
to the extended use shall be cause for termination of the authorization
of said extended use. At least 15 days' notice shall be given to the
owner of the real estate on which the extended use is authorized to
appear before the Village Board and answer any charge of noncompliance.
If the Village Board finds the charges substantiated, it may terminate
the authority for such extended use.
K.
Any person feeling aggrieved by the action of the Village Board in authorizing, including the authorization subject to conditions and safeguards, or refusal to authorize an extended use, or the termination of such authorization as provided in Subsection J above, may appeal to the Board of Appeals in the same manner provided by Wisconsin Statutes for appeals to the Board of Appeals.[1]
A.
The open area, but not the setback requirement, for a lot in any
residence district may be reduced as set forth herein, below the open
area required by this chapter.
B.
Application shall be made to the Building Board which, along with
other papers required for a building permit, shall include a plat
plan showing, among other things, the location of the proposed structure
on the lot, all in such detail as the Building Board may reasonably
require.
C.
If the erection of the proposed structure will reduce the open area
of the lot on which it is to be built more than 5% below the open
area requirement for the lot, then the following additional obligations
shall apply:
(1)
The application to the Building Board shall include a plan, in such
detail as the Building Board may require, showing: the location and
type (Genus and species) of all trees six inches in diameter at breast
height (dbh) or larger that are within the greater of the following
areas (whether located on the subject parcel or elsewhere):
(2)
Except as to any tree that is being removed, the "tree protection
zone" of all trees that are three inches or larger dbh shall be preserved
and protected from any disturbance, by the exclusion of all heavy
equipment and heavy machinery. The tree protection zone shall be marked
on the property. The tree protection zone shall mean that area around
a tree trunk that extends vertically from the top of the tree canopy
to 36 inches below ground level and horizontally in all directions
from the outer edge of the tree trunk one foot for every inch of the
tree's diameter at breast height (dbh).
(3)
If any tree that the Village Forester deems to be desirable, and
that is three inches or larger dbh, will be removed in conjunction
with the construction, whether the tree is on public or private property,
tree replacement is required. The Village Forester shall determine
what replacement tree(s) is required. The replacement tree(s) required
by the Village Forester shall have a total diameter at breast height
(dbh) of 50% up to 100% of the total dbh of the removed tree(s). No
replacement tree shall have a dbh of less than 1.5 inches.
D.
The reduction of open area shall be authorized when the Building
Board, after its examination of the application and accompanying documents
and after viewing the site of the proposed structure, has found as
a fact:
(1)
That the reduction of open area of the lot resulting from the erection
of the proposed structure will not cause a substantial depreciation
of the property values of the neighborhood; and
(2)
That the erection of the proposed structure will not reduce the open
area of the lot on which it is to be built more than 15% below the
open area requirement for the lot.
Any building any portion of which will be above the grade of
the lot on which it is erected which will be used by a public utility
may be erected in any district in the Village, provided the provisions
of this chapter, except the purpose for which the building is to be
used, are complied with, and provided further the application for
the building permit is referred by the Building Inspector to the Plan
Commission and the Plan Commission determines that the building, when
erected, is reasonably necessary for the public convenience and welfare
and in harmony with the general purpose and intent of this chapter,
and the Plan Commission may authorize the issuance of a permit subject
to appropriate conditions and safeguards to accomplish such purpose.
In the event that there is any land in the Village of Fox Point
which, as shown by the Official Zoning Map or amendments thereto,
is not included in a zoning district, or if the provisions of the
ordinance placing any land in a zoning district are held invalid by
a court of competent jurisdiction, either in its entirety or as to
a specific lot, piece or parcel of land, then each such lot, piece
or parcel of land shall be considered as in a C Residence District.
It shall be among the duties of the Building Inspector of the
Village of Fox Point to see that the requirements of this chapter
are met and the provisions thereof enforced insofar as lies within
his power under the laws of the State of Wisconsin and the ordinances
of the Village of Fox Point. Appeals from the decisions of the Building
Inspector involving this chapter shall be taken to the Board of Appeals
as provided for in § 62.23(7)(e), Wis. Stats., and acts
amendatory thereof and supplementary thereto.
A copy of the complete plans and specifications for the erection
or alteration of any permanent structure within the Village of Fox
Point, including sewage disposal and water system, with all information
necessary for the completion of the work, together with a statement
of ownership and a survey of the property showing thereon the exact
location of all existing and proposed buildings and systems, shall
be filed with the Building Inspector, but no such work shall be commenced
by any person without first receiving a permit from the Building Inspector,
who shall issue or refuse such permit in writing within 20 days after
proper application therefor.
No premises shall be occupied or used and no buildings now or
hereafter erected or altered shall be occupied, used or changed until
a certificate of occupancy shall have been issued by the Building
Inspector of the Village of Fox Point stating that the building or
proposed use of the building or premises complies with the provisions
of the laws of the State of Wisconsin and the ordinances of the Village
of Fox Point with respect to the health, building and zoning regulations.
Nothing in this chapter shall be construed to prohibit any officer
of the Village of Fox Point with the powers of a peace officer from
instituting proper proceedings for the restraint of violation of this
chapter or the apprehension and punishment of a person violating any
of the provisions of this chapter in the manner provided by law. Furthermore,
the proper authorities or any adjacent or neighboring property owner
who shall be specially damaged by violation of this chapter may, in
addition to other remedies, institute an action or other proceeding
pursuant to the provisions of § 62.23(7)(f), Wis. Stats.,
and all acts amendatory thereof and supplementary thereto.
Each day during which a violation of this chapter exists, regardless
of whether the violation occurred by reason of an act of commission
or a mere failure to act or an act of omission, shall be deemed a
separate and distinct offense.
A.
Any person violating, disobeying, circumventing, neglecting or refusing to comply with or resisting the enforcement of any of the provisions of this chapter shall be guilty of violation of this chapter, and, upon conviction thereof, shall be subject to all provisions, remedies, and penalties as set forth in § 1-4 of the Village Code.
B.
If any person shall sell, transfer or otherwise dispose of any portion
of a lot subsequent to the application for and during the life of
a building permit for the erection of a building upon said lot, issued
pursuant to an application for such permit, or after the erection
of a building whereby the area of said lot is reduced below the minimum
requirement of this chapter, said person shall be guilty of a violation
of this chapter and subject to the penalty therefor hereinabove provided.
C.
No person purchasing land within the Village of Fox Point whereby the transferor violates this chapter as specified in § 745-30 may include the area of the land so purchased as a portion of his lot for the purpose of computing the area thereof on application for a building permit, except insofar as the land so purchased was in excess of the amount required by the transferor at the time of the transfer in order that the transferor's lot might comply with the minimum requirements of this chapter applicable thereto.
This chapter may be amended from time to time following the
procedure as provided by Wisconsin Statutes then in effect for amendment
of zoning ordinances.
[Amended 8-10-2010 by Ord. No. 2010-12]
A.
The Village President, pursuant to the Wisconsin Statutes, shall,
subject to the confirmation by the Board of Trustees, appoint members
and alternate members of a Board of Appeals with terms of office commencing
April 1 and shall designate one of the members as Chairperson.
B.
The Board of Appeals shall have all the powers and authority vested
in such a board by § 62.23(7)(e), Wis. Stats., and all acts
amendatory thereof and supplementary thereto.
C.
In addition to the authority granted under § 62.23(7)(e),
Wis. Stats., the Board of Appeals shall have the power and authority
to grant a special exception from the dimensional requirements of
this chapter where the Board of Appeals finds it necessary, based
upon the facts of an individual case, to provide a reasonable accommodation
to a disabled person, subject to the following. A special exception
under this section may waive or modify the dimensional requirements
of applicable zoning regulation(s) only to the extent reasonably required
to provide a reasonable accommodation for the disability. A special
exception shall not fundamentally alter the nature of a program (e.g.,
altering the fundamental purpose of the zoning regulation) or impose
undue financial or administrative burdens on the Village of Fox Point.
Dimensional requirements for which a special exception may be granted
under this section are limited to open area, front yard, rear yard
and side yard requirements of applicable zoning district regulations.
A special exception granted under this section should generally expire
upon the termination of the occupancy of the property by the disabled
person, and the Board of Appeals may so condition the grant of the
special exception and require the recording of a deed restriction
setting forth the terms of the special exception and the termination
thereof. For purposes of this section, "disability" shall be construed
to have the meaning set forth in 42 U.S.C. § 12102, Title
II of the Americans With Disabilities Act, and regulations pertaining
thereto, as amended from time to time.
D.
The Board of Appeals may adopt such rules or regulations with respect
to the time of its meetings and the procedure at its meetings as it
may deem appropriate and shall, subject to the Wisconsin Statutes
applicable thereto, specify the procedure pursuant to which appeals
shall be taken to it, be heard and disposed of by it. All rules or
regulations adopted by the Board of Appeals shall be reduced to written
form, and the original thereof, identified by signature of the Chairperson
of the Board, shall be filed in the office of the Village Clerk/Treasurer.
E.
Wherever in the ordinances of the Village of Fox Point reference
is made to a Board of Appeals, it shall be deemed to refer to the
Board appointed pursuant to this section of this chapter.
F.
In Board of Appeals actions involving special exceptions and variances,
in addition to any notice requirements under any applicable state
or federal law, or as otherwise provided in the Village of Fox Point
Code, the Village Clerk/Treasurer, or his or her designee, shall provide
notice by first class mailing to the owners or occupants of all properties
within 500 feet of the subject property at least 21 days prior to
any hearing or proceeding.
As a special exception, where there is a violation of this chapter
and no order or decision of the Building Inspector has been made in
respect to such violation, application may be made to the Board of
Appeals for variance, and the Board shall hear and decide such application
as though it was an appeal from an order of the Building Inspector
requiring compliance with this chapter.
