The Zoning Administrator of the Village shall
enforce this chapter and shall:
(1)
Determine conformance of applications for zoning certificates
with use, lot and bulk requirements and other applicable regulations
of this chapter.
(2)
Issue all zoning certificates and make and maintain
records thereof.
(3)
Issue all certificates of occupancy and make and maintain
records thereof.
(4)
Conduct inspections of buildings, structures and use
of land to determine compliance with the terms of this chapter.
(5)
Maintain permanent and current records of this chapter,
including but not limited to all maps, amendments and special uses,
variations, appeals and applications therefor and designate on the
Zoning District Map each amendment and special use.
(6)
Provide and maintain a public information bureau relative
to all matters arising out of this chapter.
(7)
Receive, file and forward to the Zoning Board of Appeals
all applications for appeals, variations or other matters on which
the Zoning Board of Appeals is required to pass under this chapter.
(8)
Forward to the Village Clerk-Treasurer all applications
for special uses, amendments and other matters which are to be referred
to the Plan Commission.
(9)
Initiate, direct and review, from time to time, a
study of the provisions of this chapter and make reports of his recommendations
to the Plan Commission not less frequently than once a year.
(10)
Upon prior approval of the Village Board, issue permits
regulating the erection and use of tents for specific periods of time
for purposes such as temporary carnivals, churches, voluntary organizations
such as Boy Scouts and Girl Scouts, eleemosynary uses or revival meetings
and when the use of tents is not detrimental to the public health,
safety, morals, comfort, convenience or general welfare of the Village.
Such tents or operations shall be in conformance with all other ordinances
and codes of the Village.
(11)
Record the lowest floor elevations of all structures
erected, moved, altered or improved in any floodland district.
[Added by Ord. No. 561]
(1)
Except as herein provided, no permit pertaining to
the use of land or permit as required by the Building Code shall be
issued by any officer, department or employee of the Village unless
the application for such permit has been examined by the Zoning Administrator
and affixed to it is a certification of the Zoning Administrator indicating
that the proposed use of land, building or structure complies with
all the provisions of this chapter. Any permit or certificate of occupancy
issued in conflict with the provisions of this chapter shall be null
and void.
(2)
If such an application has affixed to it the certification
of a professional engineer licensed by the state certifying that the
building or structure and the proposed use thereof comply with all
of the provisions of this chapter respecting performance standards
for manufacturing and similar uses, the Zoning Administrator shall,
upon receipt of such application, approve and authorize the issuance
of a zoning certificate, provided that all other relevant provisions
of this chapter are complied with. Such certificate shall be valid
for all purposes. However, within 15 days after the date of such approval,
the Zoning Administrator shall examine the application and advise
the professional engineer in writing if the building, structure or
use thereof does not in fact comply with the performance standards.
Failure of the professional engineer to show compliance within 30
days of such notification shall be cause for revocation of the zoning
certificate.
(3)
Each application for a permit for the use of land
or erection of a building or structure shall be accompanied by a drawing
or plat in duplicate showing the lot, the location of the building
on the lot, accurate dimensions of the building and lot, and such
other information as may be necessary to provide for the enforcement
of these regulations. This plat shall be prepared after the lot has
been staked by a competent surveyor and the plat shall show the date
of staking and the name of the engineer or surveyor. A careful record
of the original copy of such application and plats shall be kept in
the office of the Zoning Administrator and the duplicate copy shall
be kept at the building at all times during construction.
No building hereafter erected or structurally
altered shall be occupied or used, and except for the pursuit of agriculture
no vacant land shall hereafter be occupied or used, nor shall there
be a change of character of an existing use of land, until a certificate
of occupancy shall have been issued by the Zoning Administrator.
(1)
Certificate of occupancy for a building. A certificate
of occupancy for a new building or the alteration of an existing building
shall be applied for coincident with the application for a building
permit, and such certificate shall be issued within three days after
the request for the same shall have been made in writing to the Zoning
Administrator after the erection or alteration of such building or
part thereof shall have been completed in conformity with the provisions
of these regulations. Pending the issuance of a regular certificate,
a temporary certificate of occupancy may be issued by the Zoning Administrator
for a period not exceeding six months during the completion of alterations
or during partial occupancy of a building pending its completion.
Such temporary certificate shall not be construed as altering the
respective rights, duties or obligations of the owners or of the Village
relating to the use or occupancy of the premises or any other matter
covered by this chapter, and such temporary certificate shall not
be issued except under such restrictions and provisions as shall adequately
ensure the safety of the occupants.
(2)
Certificate of occupancy for land.
(a)
A certificate of occupancy for the use of land or
the change in the character of an existing use of land as herein provided
shall be applied for before any such land shall be occupied or used,
and a certificate of occupancy shall be issued within three days after
the application has been made, provided that such use is in conformity
with the provisions of these regulations.
(b)
The certificate of occupancy shall state that the
building or proposed use of a building or land complies with all the
building and health laws and ordinances and with the provisions of
this chapter. A record of all certificates shall be kept on file in
the office of the Zoning Administrator and copies shall be furnished
on request to any person having a proprietary or tenancy interest
in the building affected.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(2)
Jurisdiction.
(a)
The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter; hear and decide special exceptions to the terms of this chapter upon which such Board is required to pass under this chapter; and authorize upon appeal in specific cases such variance from the terms of this chapter as shall not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter shall result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The Zoning Board of Appeals shall not have jurisdiction to grant a special use under § 17.36, such authority being vested in the Village Board pursuant to § 62.23(7)(e), Wis. Stats.
(b)
The Zoning Board of Appeals may require such conditions
and restrictions upon the premises benefited by a variation as may
be necessary to comply with the above standards to reduce or minimize
the injurious effect of such variation upon other property in the
neighborhood and to implement the general purposes and intent of this
chapter.
(2)
Jurisdiction. The Plan Commission shall submit reports
and recommendations to the Village Board on all applications for amendments
to the Zoning District Map or regulations of this chapter and all
applications for special uses that have been referred to the Plan
Commission by the Village Board, except those concerned with a public
utility installation.
(3)
Procedures. Procedures on matters upon which the Plan
Commission has jurisdiction under this chapter shall be in accordance
with § 62.23(7)(d), Wis. Stats.
(1)
Authority. For the purpose of promoting the public
health, safety, morals, comfort, prosperity and general welfare throughout
the Village and lessening or avoiding congestion in the public streets
and highways, the Village Board may, from time to time, in the manner
set forth in applicable Wisconsin Statutes, amend the regulations
imposed in the districts created by this chapter, provided that due
allowance shall be made for existing conditions, the conservation
of property values, the directions of building development to the
best advantage of the entire Village and the uses to which property
is devoted at the time of the adoption of such amendatory ordinance.
(2)
Initiation. Amendments may be proposed by the Village
Board, the Plan Commission, the Zoning Board of Appeals, or any property
owner or interested person or organization.
(3)
Procedures and decisions. Applications for amendments
shall be processed and decided in accordance with § 62.23(7)(d),
Wis. Stats. The report of the Plan Commission submitted to the Village
Board shall set forth the following:
(a)
Existing uses of property within the general area
of the property in question.
(b)
The zoning classification of property within the general
area of the property in question.
(c)
The suitability of the property in question to the
uses permitted under the existing zoning classification.
(d)
The trend of development, if any, in the general area
of the property in question, including changes, if any, which have
taken place since the day the property in question was placed in its
present zoning classification and conformance with the Official Zoning
Map.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(1)
Purpose. The development and execution of this chapter
is based upon the division of the Village into districts, within which
districts the use of land and buildings and the bulk and location
of buildings and structures in relation to the land are substantially
uniform. It is recognized, however, that there are certain uses which
because of their unique characteristics cannot be properly classified
in any particular district or districts without consideration, in
each case, of the impact of those uses upon neighboring land and of
the public need for the particular use of the particular location.
Such special uses fall into two categories:
(2)
Initiation. Any person having a freehold interest
in land or a possessory interest entitled to exclusive possession
or a contractual interest which may become a freehold interest or
an exclusive possessory interest and which is specifically enforceable
may file an application to use such land for one or more of the special
uses provided for in this chapter in the zoning district in which
the land is located.
(3)
Procedures and decisions. Application for a special
use shall be processed and decided in accordance with § 62.23(7)(d),
Wis. Stats. The application shall be submitted to the Plan Commission
for its review and recommendation. The following criteria shall be
utilized by the Village Board in the issuance of a special permit:
(a)
The establishment, maintenance or operation of the
special use shall not be detrimental to or endanger the public health,
safety, morals, comfort or general welfare.
(b)
The special use shall not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purposes already permitted or substantially diminish and impair property
values within the neighborhood.
(c)
The establishment of the special use shall not impede
the normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
(d)
Adequate utilities, access roads, drainage or other
necessary site improvements have been or are being provided.
(e)
Adequate measures have been or shall be taken to provide
ingress and egress so designed as to minimize traffic congestion in
the public streets.
(f)
In allowing a special use, the Village Board may waive
the bulk requirements in any district, except that with respect to
construction of permitted uses and expansion or major alteration of
existing lawful uses and conforming buildings or structures within
the Greendale Center, the Village Board may not waive the requirements
as to floor area ratio contained in that district.
(4)
Termination of special use.
[Amended by Ord. No. 571]
(a)
The Village Board may terminate a special use after
public hearing if any of the following determinations are made:
1.
The special use has not continued in conformity with
the conditions imposed in the approval or any amendments thereto.
2.
A change in the character of the surrounding area
or in the special use itself causes such use to be no longer compatible
with surrounding uses.
3.
The special use has been discontinued for a period
of 12 consecutive months.
(b)
Should a special use be terminated by the Village
Board, the owners of the premises shall satisfy all of the Village
Board's requirements within the time period designated by the Board.
(c)
Unless otherwise provided in the development agreement,
a special use approval shall expire one year after the Village Board
has granted approval if no substantial work has been performed based
on the approval. The Village Board may extend the special use approval
if adequate supporting information is submitted by the developer to
justify an extension. If an extension is not granted or not requested,
the special use approval shall terminate and a renewal processed as
an original special use request.
[Added 11-20-2018 by Ord.
No. 904]
(1)
Purpose. The following tourist home establishment licensing regulations
are created to ensure that applicable state laws are followed, to
protect persons engaged in this practice either as landlord or tenant;
to protect against adverse impacts of noise, odor, disturbance, adverse
visual impacts, or other nuisances, that this practice could have
upon neighboring properties; to preserve property values for the commercial
benefit of the Village; and also to control the impacts of such operations
on municipal services, including snowplowing, garbage collection,
sanitation, law enforcement and fire protection.
(2)
License required. No tourist home establishment may operate in the
Village unless a tourist home establishment license for such operation
is granted by the Village, and only in full compliance with such license.
A separate license is required for each rental year from July 1 to
June 30.
(3)
Application. Application for license shall be made by the property
owner in writing to the Building Inspector upon forms provided by
the Village. Such application must be filed with the Building Inspector
no later than one week (168 hours) prior to the proposed tourist home
period of use. The Building Inspector is authorized to issue the tourist
home permit if the Village staff finds that the application meets
all requirements of this section, and the Village staff may include
such conditions as the Village staff deems to be necessary or appropriate
to ensure compliance with this section. The application must include
all of the following:
(a)
Address of tourist home establishment.
(b)
Name (include full legal name with middle initial), address,
telephone number and email address of tourist home establishment owner.
(c)
Name (include full legal name with middle initial), address,
telephone number and email address of tourist home establishment operator,
if different from the owner or if owner is a trust or entity other
than an individual.
(d)
If the owner resides more than 40 miles from the tourist home
establishment, name (include full legal name with middle initial),
address, telephone number and email address of owner's agent who is
located within 40 miles of the tourist home establishment.
(e)
Name (include full legal name with middle initial), address,
telephone number and email address of person renting the tourist home
establishment, and of all persons occupying the unit 18 years of age
or older.
(f)
Starting date of the 180-day annual rental period.
(g)
A copy of the application for the State Tourist Rooming House
License for the tourist home establishment.
(h)
Proof that the tourist home establishment complies with the
Wisconsin Commercial Building Code as required by § ATCP
72.14, Wis. Adm. Code.
(i)
Proof of property and liability insurance covering the tourist
home establishment property and use.
(j)
A list of all property that may be used by the tourist home
establishment tenants including for example whether tenants are permitted
to use the house, any guest house, any garage, golf carts, or particular
amenities of the tourist home establishment property.
(k)
The total square footage of the principal structure used as
a tourist home establishment.
(l)
The total number of bedrooms, and total number of beds used
for the tourist home establishment.
(4)
Fees. The applicant shall pay such fee as may be established from
time to time by the Village Board by separate resolution, for each
tourist home establishment license application, along with all other
applicable fees, which may include room taxes and health license fees.
(5)
Minimum standards; conditions under which permitted. A license shall
not be granted for a tourist home establishment unless all of the
following conditions are met:
(a)
Transfer of a license because of transfer or sale of property
is not permissible. Should such property be sold, then the license
shall become void.
(b)
All tourist home establishments shall be subject to and comply
with Chapter 97, Wis. Stats., including maintaining a tourist rooming
house annual license as required by § 97.605(1)(a), Wis.
Stats., which sections are incorporated herein by reference.
(c)
All tourist home establishments shall be subject to and comply
with Chapter ATCP 72, Wis. Adm. Code, which is hereby incorporated
by reference.
(d)
Each tourist home establishment shall be required to keep a
register and require all guests to sign such register using their
actual legal names including middle initial and address before being
assigned quarters. The register shall be available for inspection
by the Greendale Chief of Police, and Village Administrator or designee
for a period of not less than one year.
(e)
A minimum of one off-street parking stall shall be provided
for every guest bedroom. All parking areas shall meet the size and
location requirements of the Village Code and shall be hard-surfaced
and maintained in a reasonably dustless condition.
(f)
Every tourist home establishment shall be properly addressed
with numbers on the street side of the structure, a minimum of three
inches high and of contrasting color so as to be visible from the
street.
(g)
The Village Administrator shall consider the potential impact
to the surrounding neighborhood and proximity to any existing bed-and-breakfast
establishment or tourist home establishment when reviewing a request
for a tourist home establishment license.
(h)
Whenever the property changes ownership, a new license is required
to ensure compliance with all state and local regulations and ordinances.
[Amended 8-20-2019 by Ord. No. 911]
(i)
All refuse containers shall be screened from view.
(j)
If the Village finds that any statement made on the license
application is incorrect, at any time, the Village may immediately
and summarily revoke the license.
(k)
Sleeping quarters related to a tourist home establishment use
shall only be located within the principal structure on the lot. Accessory
buildings, including legal nonconforming guest houses, cannot be used
for sleeping quarters.
(l)
Property that is used for a tourist home establishment must
have clearly delineated property lines and clearly delineated common
area if applicable, by approved fences, vegetation or other means
to the satisfaction of the Village Administrator. Such clear delineation
must be maintained for the duration of the license, to ensure that
all users of the property are clearly aware of the boundaries of the
property and common areas and confine their use to the applicable
parcel and common areas of condominium developments.
(m)
Unless the property is connected to a municipal sewer system,
the petitioner/owner must provide to the Village Administrator proof
that is satisfactory to the Village Administrator that the septic
system is properly sized for purposes of the proposed use. Such septic
system must be properly maintained at all times for the duration of
the license.
(n)
The tourist home establishment occupancy limits shall not exceed
the lesser of the following occupant limitations at any time: a) the
number of occupants allowed by § ATCP 72.14(2)(b), Wis.
Adm. Code, per bedroom; b) eight occupants per 1,000 square feet of
living area within the principal structure; c) the number of occupants
for which there are beds available within the proposed tourist home
establishment structure provided that the beds do not include temporary
beds (cots, air beds, foldout beds, or futon couches) and each bed
shall count for one occupant except each queen- and king-sized bed
shall count for two occupants; d) 20 occupants.
(o)
The parcel cannot have more people on site than the higher of
20 people or the maximum number of people allowed under § ATCP
72.14(2)(b), Wis. Adm. Code.
(p)
The petitioner/owner must provide a copy of this section and
a copy of the license to all parties using the property for tourist
home purposes, prior to commencement of each such use.
(6)
[1]Penalties. Owners and operators of a tourist home shall ensure that the property is in compliance with this § 17.363 at all times, and shall be liable for all violations, jointly and severally. Violation of this § 17.363 is subject to the standard penalties of this chapter and this Code, except that the penalty amounts are modified as follows. Violations of this § 17.363 are subject to penalties in the maximum amount of $10,000 and minimum amount of $1,000, for each day of violation, and under no circumstance shall a penalty be imposed that is less than the rental amount charged. Citations for violation of this § 17.363 shall be written as "must appear."
[Added 7-23-1999 by Ord. No. 768; amended 4-17-2001 by Ord. No. 779; 10-17-2017 by Ord. No. 889; 10-16-2018 by Ord. No. 899]
(1)
Applications for a temporary use. Application for
a temporary use shall be made to the Zoning Administrator. The Zoning
Administrator shall then transmit the application for a temporary
use to the Village Board for its referral of the application to the
Plan Commission, except as described otherwise herein. Such body shall
then review the application and make a recommendation to the Village
Board concerning the intended temporary use. The Zoning Administrator
may require some or all of the following information to be included
with an application for a temporary use.
[Amended 3-21-2023 by Ord. No. 948]
(a)
Name and address. The name, address, and phone number
of the applicant or agent to be contacted with regard to the application.
(b)
Description of the property. Description of the property
by:
1.
Lot, block, and recorded subdivision or by metes and
bounds.
2.
Address of the subject site.
3.
The zoning district within which the subject site
lies.
4.
Type of structure.
5.
Type of use proposed.
6.
A word description of the existing and proposed operation
and use of the structure or site, including any storage needs.
7.
Proposed hours of operation.
8.
Number of employees.
9.
Proposed temporary signage.
10.
A site plan (drawn to scale and dimensioned)
indicating the type, size, and location of all existing structures,
existing site features (including off-street parking and drives),
location and extent of the proposed temporary use(s), and signs (type,
location, size, and height).
11.
For nonresidential and multiple-family residential
uses, any other information pertinent to an adequate understanding
of the intended use.
12.
Any other information deemed appropriate by
the Village Board, Plan Commission, Village Manager, Zoning Administrator,
or Village Planner.
(2)
Village staff review of application. After the Village
Board refers the application for the temporary use to the appropriate
body for recommendation, the Zoning Administrator shall refer the
application and related data to appropriate Village departments for
their study and/or comment prior to the applicable meetings.
[Amended 3-21-2023 by Ord. No. 948]
(3)
General standards for temporary uses. No certificate
of occupancy for a temporary use shall be issued by the Zoning Administrator
pursuant to this chapter unless the following standards are met:
(a)
Purposes and intent. The proposed use will be in harmony
with the general and specific purposes for which this chapter was
enacted and for which the regulations of the zoning district in question
were established.
(b)
Adverse impact. The proposed use will not have a substantial
or undue adverse or detrimental effect upon or endanger adjacent property,
the character of the area, or the public health, safety, morals, comfort,
and general welfare and not substantially diminish and impair property
values within the community or neighborhood.
(c)
Interference with surrounding development. The proposed
use and development will be constructed, arranged, and operated so
as not to dominate the immediate vicinity or to interfere with the
use and development of neighboring property according to the applicable
zoning district regulations.
(d)
Adequate facilities. The proposed use will be served
adequately by streets, off-street or on-street parking, police and
fire protection, refuse disposal, and other public facilities or the
applicant will provide adequately for such facilities as well as provide
for safe vehicular and pedestrian access and egress to the site.
(e)
Traffic congestion. The proposed use will not cause
undue traffic congestion nor draw significant amounts of traffic through
residential streets or upon residential property. Adequate measures
will be taken to provide ingress and egress so designed as to minimize
traffic congestion on the public streets.
(f)
Destruction of significant features. The proposed
temporary use will not result in the destruction, loss, or damage
of any natural, scenic, or historic feature of significant importance.
(g)
Compliance with standards. The temporary use shall,
in all other respects, conform to the applicable dimensional regulations
of the district in which it is located. The proposed use shall comply
with all additional standards imposed on it by the particular provision
of this chapter.
(h)
Other requirements. Any other requirements and/or
conditions deemed appropriate by the Village Board upon due consideration
of all recommendations received in the matter.
[Amended 3-21-2023 by Ord. No. 948]
(4)
Detailed standards for specific temporary uses. The
following are specific temporary uses with specific standards which
shall apply:
(a)
Amusement parks (temporary). Temporary amusement parks
(defined as a temporary facility which operates and maintains at a
temporary location carnival-type amusements such as rides, skill games,
and food dispensing facilities, and shall not include gambling devices,
chance games, or other activities in violation of the Village of Greendale
Code) may be allowed in all nonresidential zoning districts. The following
specific standards shall be used:
1.
Trash and debris. All trash and debris shall be removed
or contained daily.
2.
Written consent required. Written consent from the
owner, or authorized agent, of the property shall be provided.
3.
Signage. All signage shall be according to the Village
of Greendale sign regulations.
4.
Setup of materials and equipment. All materials and
equipment shall be set up no longer than five days in advance of the
opening of the operation.
5.
Removal of materials and equipment. All materials
and equipment shall be removed within two days of the end of the operation.
6.
Hours of operation. The hours of operation shall be
determined by the Village Board.
7.
Inspection of rides. No ride shall be placed in operation
for public use until the same has been inspected for mechanical, structural,
electrical and other hazards by the Zoning Administrator and Fire
Chief and such other officers or employees of the Village of Greendale
having jurisdiction. Adequate safeguards shall be placed to protect
both operators and the general public from inadvertently coming into
contact with moving parts, belts, motor gears, electrical switches
and other potential hazards. All rides shall comply with the appropriate
provisions of the Wisconsin Administrative Code regulating the same.
8.
Electrical wiring. Electrical wiring shall be installed
by a licensed electrical contractor and approved by the Village Electrical
Inspector.
9.
Trailers and mobile homes. Trailers and mobile homes
used by the operators of amusement parks and their employees may be
permitted on the amusement park site only upon approval of the Village
Board.
10.
Sound. All sound emitted from sound amplification
systems used at carnival or exhibition sites shall be at reasonable
levels and contained within the carnival or exhibition area.
11.
Certificate(s) of insurance required. No amusement
park use shall be permitted until the applicant therefor has placed
on file with the Zoning Administrator a certificate or certificates
of insurance indicating that there is in effect public liability insurance
covering any damages arising out of the use or operation of any devices
and facilities operated in connection with such amusement park. Such
insurance shall be in the minimal amount of $500,000 per person, $1,000,000
for each accident and $100,000 property damage.
12.
Other requirements. Any other requirements and/or
conditions deemed appropriate by the Village Board, Plan Commission,
Fire Department, and/or Zoning Administrator.
(b)
Outdoor dining accessory to a restaurant or other
food-serving business. The following specific standards shall be used
for outdoor dining as a temporary use accessory to a restaurant or
other food-serving business:
1.
Integral part of restaurant or other food service
establishment. The outdoor dining area shall be managed, operated,
and maintained as an integral part of the adjoining restaurant or
other food-serving business.
2.
Noise and lighting impacts on residential areas. The
outdoor dining area shall be designed to avoid noise or lighting impacts
on residential areas.
3.
Hours of operation of the outdoor dining area. The
hours of operation of the outdoor dining area shall be set by the
Village Board.
4.
No cooking or food preparation outdoors. There shall
be no cooking or food preparation outside of a building.
5.
Off-street parking requirements to be met. All off-street
parking requirements of this chapter shall be met.
6.
Maintenance. All outdoor dining areas shall be maintained
in a clean and safe manner and kept free from refuse and debris.
7.
No outdoor storage permitted. There shall be no outdoor
storage permitted in conjunction with an outdoor dining area.
8.
No additional signage permitted. There shall be no
additional outdoor signage permitted in conjunction with an outdoor
dining area.
9.
No interference with pedestrian or vehicular traffic.
The operation of the business shall not interfere with the pedestrian
or vehicular circulation on any adjoining public streets, alleys,
or sidewalks.
10.
Liquor sales and consumption. The outdoor area
used for liquor sales and consumption shall be established by the
Village Board and shall be located within a contained and controlled
on-site area.
11.
Size limitation. The outdoor dining area shall
be considered an accessory use to the principal use of the property.
12.
Serving of food outdoors subject to Village
Health Department and Zoning Administrator review. The serving of
food outdoors is subject to Village Health Department and Zoning Administrator
review for conformance with all applicable codes and regulations.
13.
Not on public property. The outdoor dining area
shall not be placed upon public property.
14.
Electrical wiring. Electrical wiring shall be
installed by a licensed electrical contractor and approved by the
Village Electrical Inspector.
15.
Certificate(s) of insurance required. No outdoor
dining use shall be permitted until the applicant therefor has placed
on file with the Zoning Administrator a certificate or certificates
of insurance indicating that there is in effect public liability insurance
covering any damages arising out of the use or operation of any devices
and facilities operated in connection with such outdoor dining use.
Such insurance shall be in the minimal amount of $500,000 per person,
$1,000,000 for each accident and $100,000 property damage.
16.
Other requirements. Any other requirements and/or
conditions deemed appropriate by the Village Board, Plan Commission,
Village Health Department and/or Zoning Administrator.
(d)
Special community events. Special community events
shall be required to receive a special community events permit and
are subject to the approval of the Village Board, as follows. Village
staff shall first refer the matter to the Public Celebrations Committee
for report and recommendation, which shall be in lieu of a referral
to the Village Plan Commission. Where special community event uses
may be permitted as a temporary use, the following specific standards
apply:
[Amended 3-21-2023 by Ord. No. 948]
1.
Access. The use shall be located along and have direct
vehicular access to a public street. Access to and from the site shall
be in accord with the requirements of the applicable highway or arterial
street access authority, including the Wisconsin Department of Transportation,
Milwaukee County, and/or the Village of Greendale.
2.
Location. The use shall be restricted to a clearly
defined area as approved by the Village Board. Material for sale shall
not be displayed, stored, sold, or located in any public street right-of-way.
All materials for sale shall be stored and displayed in such a manner
that they shall not fall upon a public sidewalk or public street.
No Christmas trees shall be stored or displayed inside any building
or within 15 feet of any building, gasoline pump, or motor vehicle.
3.
Considered as an accessory use. The temporary use
shall be considered an accessory use to the principal use of the property.
4.
Hazardous and chemical materials. No hazardous and
chemical materials that include explosives and blasting agents, flammable
and combustible liquids, liquefied petroleum gas, and chemicals (including
fertilizers) shall be located outdoors.
5.
Visibility. The location of the use on the property
shall not block visibility for vehicles or pedestrians on or off the
lot in a way that would create a safety hazard or obscure the public
view of a neighboring business.
6.
Trash and debris. All trash and debris shall be removed
or contained daily.
7.
Written consent required. Written consent from the
owner, or authorized agent, of the property shall be provided.
8.
Signage. All signage shall be according to the Village
of Greendale sign regulations and shall be approved by the Village
Board. The following signs are hereby prohibited:
a.
Any sign which, or any part of which, is in
motion by any means, including fluttering or rotating, or other signs
set in motion by movement of the atmosphere. This includes all flags
(except that of the United States of America, State of Wisconsin,
and Village of Greendale), pennants, whirling objects, banners, or
other entities attached to strings or lines.
b.
Inflatable advertising devices or signs.
c.
Changeable copy and portable trailer signs,
either fixed or moveable.
d.
Banners which are temporary signs or devices
of paper, fabric, plastic, or other flexible materials and are suspended
by wires or poles to advertise a special event (except as may be permitted
by the Village Board).
e.
Statues and stuffed animals.
f.
A sign on a motor vehicle or trailer parked
on public or private property so as to be seen from the public right-of-way
which has attached thereto or located thereon any sign for the purpose
of advertising a product or directing people to a business activity.
9.
Removal of materials. All materials shall be removed
within 24 hours of the end of the operation.
10.
Blocking of ingress/egress routes prohibited.
No such temporary use shall block any permanent vehicular and/or pedestrian
ingress and egress route or access aisle or drive (including entrances
and/or exits to a site or building).
11.
Securing of sale items during hours of nonoperation.
All items for sale shall be moved to an indoor secured location during
hours of nonoperation.
12.
Duration. The duration of the certificate of
occupancy for a temporary use shall be determined by the Village Board.
13.
Electrical wiring. Electrical wiring shall be
installed by a licensed electrical contractor and approved by the
Village Electrical Inspector.
14.
Certificate(s) of insurance required. The applicant
shall place on file with the Village Clerk, at least 10 days prior
to the special community event, a certificate or certificates of insurance
indicating that there is in effect public liability insurance covering
any damages arising out of the use or operation of any devices and
facilities operated in connection with such special community event.
Such insurance shall be in the minimal amount of $500,000 per person,
$1,000,000 for each accident and $100,000 property damage.
15.
Hours of operation. Hours of operation are to
be established by the Village Board.
16.
Fire hazards. All temporary sales areas shall
be maintained in such a manner so as to eliminate insofar as possible
any fire hazard.
17.
Other requirements. Any other requirements and/or
conditions deemed appropriate by the Village Board, Plan Commission,
Police Chief, Fire Chief, Health Department, and/or Zoning Administrator.
18.
Permit fee. The applicant shall pay a special community event permit
fee prior to any permit being effective, in the amount specified in
the Village Fee Schedule,[1] except as described herein. In addition, the recipient of a special community event permit shall be required to reimburse the Village for any Village services for actual costs incurred. Greendale organizations as defined in § 17.365(4)(f) are subject to reduced fees as shown in the Village Fee Schedule and are exempt from the reimbursement obligation described in this Subsection (4)(d)18. The Village Manager shall have the authority to determine applicability of the fee exemption provided for Greendale organizations; provided, however, that the Village Manager and/or any applicant may request Village Board review of a decision by the Village Manager regarding the applicability of the fee exemption.
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
19.
Timing of decision and judicial review. All permit applications for
special community events must be received at least 45 working days
before the special community event is scheduled to begin, unless waived
by the Village Manager for a Greendale organization due to exigent
circumstances. All permits denied by the Village Board may be appealed
to the Milwaukee County Circuit Court for review. If a special community
event permit is not acted upon prior to the scheduled day of the event,
the permit is deemed to be granted.
(e)
Special private events. Special private events as defined herein
shall be required to receive a special private event permit and are
subject to the approval of the Village Board, as follows. Village
staff shall first refer the matter to the Public Celebrations Committee
for report and recommendation, which shall be in lieu of a referral
to the Village Plan Commission. Where special private event uses may
be permitted as a temporary use, the following specific standards
apply:
[Added 3-21-2023 by Ord. No. 948]
1.
Considered as an accessory use. The temporary use shall be considered
an accessory use to the principal use of the property.
2.
Hazardous and chemical materials. No hazardous and chemical
materials that include explosives and blasting agents, flammable and
combustible liquids, liquefied petroleum gas, and chemicals (including
fertilizers) shall be located outdoors.
3.
Visibility. The location of the use on the property shall not
block visibility for vehicles or pedestrians on or off the lot in
a way that would create a safety hazard or obscure the public view
of a neighboring business.
4.
Trash and debris. All trash and debris shall be removed or contained
daily.
5.
Written consent required. Written consent from the owner, or
authorized agent, of the property shall be provided.
6.
Securing of sale items during hours of nonoperation. All items
for sale shall be moved to an indoor secured location during hours
of nonoperation.
7.
Duration. The duration of the certificate of occupancy for a
temporary use shall be determined by the Village Board.
8.
Hours of operation. Hours of operation are to be established
by the Village Board.
9.
Permit fee. The applicant shall pay a special private event
permit fee prior to any permit being effective, in the amount specified
in the Village Fee Schedule,[2] except as described herein. In addition, the recipient of a special private event permit shall be required to reimburse the Village for any Village services for actual costs incurred. Greendale organizations as defined in § 17.365(4)(f) are subject to reduced fees as shown in the Village Fee Schedule and are exempt from the permit fee and the reimbursement obligation described in this § 17.365(4)(e). The Village Manager shall have the authority to determine applicability of the fee exemption provided for Greendale organizations; provided, however, that the Village Manager and/or any applicant may request Village Board review of a decision by the Village Manager regarding the applicability of the fee exemption.
[2]
Editor's Note: The Fee Schedule is on file in the Village
offices.
10.
Timing of decision and judicial review. All permit applications
for special private events must be received at least 45 working days
before the special private event is scheduled to begin. All permits
denied by the Village Board may be appealed to the Milwaukee County
Circuit Court for review. If a special private event permit is not
acted upon prior to the scheduled day of the event, the permit is
deemed to be granted.
(f)
GREENDALE ORGANIZATION
1.
2.
3.
SPECIAL COMMUNITY EVENT
SPECIAL PRIVATE EVENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Added 3-21-2023 by Ord. No. 948]
Any organization specified in § 70.11(12)(a), Wis.
Stats., that has a headquarters or local office located in the Village
of Greendale.
A nonprofit educational, religious, community service, or benevolent
institution that is located within the Village of Greendale and is
specifically dedicated to public services and/or activities within
the Village of Greendale as demonstrated by its articles of incorporation,
bylaws, or other similar organizational documents to the satisfaction
of the Village Manager.
The Village of Greendale Village governmental body and its departments.
Any planned event open to the public on public highways or streets in the Village or on other property owned by the Village, including, but not limited to, processions, parades, runs, walks, marathons, bicycle races, block parties, transient or temporary public entertainment, festivals or celebrations, neighborhood events, and any event on public property that includes the issuance of a temporary alcohol license. Events held on public or private school grounds that are for normal school purposes are excluded from the definition of a "special community event." Use of Village-owned facilities or grounds for private purposes that is not open to the general public is not a special community event and is not regulated as such, though separate rental and use policies may apply and a permit may be required per § 19.01 of this Code.
Any planned event held solely on private property, but which
may require extraordinary services by any Village department, and
any event on private property that includes the issuance of a temporary
alcohol license. Events held on public or private school grounds that
are for normal school purposes are excluded from the definition of
a "special private event."
(5)
Considerations. In determining whether the applicant's
evidence establishes that the foregoing standards have been met, the
Plan Commission and Village Board shall consider the following:
(a)
Public benefit. Whether and to what extent the proposed
temporary use at the particular location requested is necessary or
desirable to provide a service that is in the interest of the public
convenience or that will contribute to the general welfare of the
neighborhood or community.
(b)
Alternative locations. Whether and to what extent
such public benefit goals can be met by the location of the proposed
temporary use at another site or in another area that may be more
appropriate than the proposed site.
(c)
Mitigation of adverse impacts. Whether and to what
extent all steps possible have been taken to minimize any adverse
effects of the proposed use on the immediate vicinity through site
design and screening.
(6)
Conditions on certificate of occupancy for a temporary
use. The Village Board may impose upon the premises benefited such
conditions and limitations concerning use, location, maintenance,
screening, operation, hours of operation (except as may be allowed
by other federal, state, or county requirements) and other matters
relating to the purposes and objectives of this chapter. The conditions
and/or limitations imposed shall be as the Village Board deems may
be necessary or appropriate to prevent or minimize adverse effects
upon other property and improvements near the subject property or
upon such public facilities and services, to protect the public interest,
and to secure compliance with the standards and requirements specified
in this chapter. Such conditions shall be expressly set forth in the
certificate of occupancy for a temporary use. Violation of any such
condition or limitation shall be a violation of this chapter and shall
constitute grounds for revocation of the certificate of occupancy
for a temporary use.
(7)
Effect of issuance of a certificate of occupancy for
a temporary use. The granting of a certificate of occupancy for a
temporary use shall not authorize the establishment or extension of
any such use as a permanent use nor the development, construction,
reconstruction, alteration, or moving of any building or structure
but shall merely authorize the preparation, filing, and processing
of applications for any other permits or approvals that may be required
by the ordinances of the Village of Greendale, including but not limited
to building permit, zoning certificate, certificate of occupancy,
land division approval, site plan approval, or other type of permit
or approval. The granting of a certificate of occupancy for a temporary
use shall not be deemed as precedent setting.
(8)
Limitations on certificate of occupancy for a temporary
use.
(a)
Time limitations. Subject to an extension of time
granted by the Village Board.
(b)
Temporary use discontinuance. A certificate of occupancy
for a temporary use shall be deemed to authorize only the particular
temporary use for which it was issued. Such certificate of occupancy
for a temporary use shall automatically expire and cease to be of
any force or effect if such use shall be discontinued.
(9)
Amendments to certificate of occupancy for a temporary
use. A certificate of occupancy for a temporary use may be amended,
varied, or altered only pursuant to the procedures and subject to
the standards and limitations provided in this chapter for the original
approval of a temporary use.
(10)
Review of certificate of occupancy for a temporary
use. An existing certificate of occupancy for a temporary use may
be reviewed by the Village as follows:
(a)
The Zoning Administrator may review and revoke
a certificate of occupancy for a temporary use if any of the following
determinations are made by the Zoning Administrator:
1.
The temporary use has not continued in conformity
with the Village's conditions of approval of the certificate of occupancy
for a temporary use or with any subsequent amendments to the certificate
of occupancy for a temporary use.
2.
Violations of other statutes, ordinances, or
laws.
3.
A change in the character of the surrounding
area or in the temporary use itself which has caused the temporary
use to become incompatible with the surrounding uses.
(b)
The determination of a review for revocation
of a granted certificate of occupancy for a temporary use shall be
made by the Zoning Administrator after due notice to the property
owner, occupant, or agent as indicated on the certificate of occupancy
for a temporary use as to the reason(s) for the review.
(c)
Upon review for revocation of the certificate
of occupancy for a temporary use, the Zoning Administrator may take
no action, revise the certificate of occupancy for a temporary use,
specify additional conditions to be added to the certificate of occupancy
for a temporary use, or may terminate the certificate of occupancy
for a temporary use.
(11)
Temporary signs shall be placed in conformance with this Code for no longer than 120 days, unless a longer time is expressly allowed by § 12.04, Wis. Stats., or other applicable laws, in which case the shortest period required by such statute applies; or as follows.
(a)
Signs on property under construction. Temporary signs are permitted
by the Director of Inspection Services in any district for the duration
of a building permit, where a building permit is in effect and construction
is occurring. The Director of Inspection Services may restrict the
number, size, and location of temporary signs on any property to ensure
safety for traffic and pedestrians.
(b)
Signs on property marketed for sale or lease. Temporary signs
may remain on a property for all time that the property is actively
marketed, as defined herein, for sale or lease. Whether the property
is being actively marketed for sale or lease shall be subject to the
determination of the Director of Inspection Services. The sign must
be removed no later than 10 calendar days after the active marketing
of the property is concluded. The total sign area requirements of
the district in which the sign is located shall apply.
[Added 10-17-2017 by Ord.
No. 889]
(1)
Applications for temporary outdoor retail displays and sales. Application
for temporary outdoor retail displays and sales shall be made to the
Zoning Administrator. The Zoning Administrator shall then transmit
the application for temporary outdoor retail displays and sales to
the Village Manager for his review and comment. The Zoning Administrator
may require some or all of the following information to be included
with an application for temporary outdoor retail displays and sales.
(a)
Name and address. The name, address, and phone number of the
applicant or agent to be contacted with regard to the application.
(b)
Description of the property. Description of the property by:
1.
Lot, block, and recorded subdivision or by metes and bounds.
2.
Address of the subject site.
3.
The zoning district within which the subject site lies.
4.
Type of structure (if any).
5.
Type of use proposed.
6.
A word description of the existing and proposed operation and
use of the structure or site, including any storage needs.
7.
Proposed hours of operation.
8.
Number of employees.
9.
Proposed temporary signage.
10.
A site plan (drawn to scale and dimensioned) indicating the
type, size, and location of all existing structures, existing site
features (including off-street parking and drives), location and extent
of the proposed temporary outdoor retail displays and sales, and signs
(type, location, size, and height).
11.
For nonresidential and multiple-family residential uses, any
other information pertinent to an adequate understanding of the intended
use.
12.
Any other information deemed appropriate by the Village Manager,
Zoning Administrator, or Village Planner.
(2)
Village staff review of application. The Zoning Administrator shall
refer the application and related data to appropriate Village departments
for their study and/or comment to the Zoning Administrator.
(3)
General standards for temporary outdoor retail displays and sales.
No certificate of occupancy for temporary outdoor retail displays
and sales shall be issued by the Zoning Administrator pursuant to
this chapter unless the following standards are met:
(a)
Purposes and intent. The proposed use will be in harmony with
the general and specific purposes for which this chapter was enacted
and for which the regulations of the zoning district in question were
established.
(b)
Adverse impact. The proposed use will not have a substantial
or undue adverse or detrimental effect upon or endanger adjacent property,
the character of the area, or the public health, safety, morals, comfort,
and general welfare and not substantially diminish and impair property
values within the community or neighborhood.
(c)
Interference with surrounding development. The proposed use
and development will be constructed, arranged, and operated so as
not to dominate the immediate vicinity or to interfere with the use
and development of neighboring property according to the applicable
zoning district regulations.
(d)
Adequate facilities. The proposed use will be served adequately
by streets, off-street or on-street parking, police and fire protection,
refuse disposal, and other public facilities or the applicant will
provide adequately for such facilities as well as provide for safe
vehicular and pedestrian access and egress to the site.
(e)
Traffic congestion. The proposed use will not cause undue traffic
congestion nor draw significant amounts of traffic through residential
streets or upon residential property. Adequate measures will be taken
to provide ingress and egress so designed as to minimize traffic congestion
on the public streets.
(f)
Destruction of significant features. The proposed temporary
outdoor retail displays and sales will not result in the destruction,
loss, or damage of any natural, scenic, or historic feature of significant
importance.
(g)
Compliance with standards. The temporary outdoor retail displays
and sales shall, in all other respects, conform to the applicable
dimensional regulations of the district in which it is located. The
proposed use shall comply with all additional standards imposed on
it by the particular provision of this chapter.
(h)
Other requirements. Any other requirements and/or conditions
deemed appropriate by the Village Manager, Police Department, Fire
Department, Village Health Department, and/or Zoning Administrator.
(4)
Detailed standards for temporary outdoor retail displays and sales.
The following are specific standards, which shall apply:
(a)
Temporary outdoor retail displays and sales. Temporary outdoor retail displays and sales uses may be permitted in the B-1, B-2, B-3, and B-4 Business Districts only. Temporary outdoor retail displays and sales uses shall not be permitted in any other zoning district. Said temporary outdoor retail displays and sales uses do not include special community events regulated under Subsection 17.365(4)(d) of this Code. Where temporary outdoor retail displays and sales uses may be permitted, the following specific standards shall be used:
1.
Access. The use shall be located along and have direct vehicular
access to a public street. Access to and from the site shall be in
accord with the requirements of the applicable highway or arterial
street access authority, including the Wisconsin Department of Transportation,
Milwaukee County and/or the Village of Greendale.
2.
Display prohibited on public land and public rights-of-way.
No temporary outdoor retail displays and sales uses shall be located
on Village-owned land or public rights-of-way.
3.
Location. The use shall be restricted to a clearly defined area
on the property as approved by the Zoning Administrator.
4.
No temporary outdoor retail displays and sales uses permitted
not accessory to enclosed building. No temporary outdoor retail displays
and sales uses shall be permitted which are not accessory to a permanent
enclosed use. No structures, other than those already existing on
the subject property, can be permitted under a temporary outdoor retail
displays and sales permit.
5.
Considered as an accessory use. The temporary outdoor retail
displays and sales use shall be considered an accessory use to the
principal use of the property.
6.
Hazardous and chemical materials. No hazardous and chemical
materials that include explosives and blasting agents, flammable and
combustible liquids, liquefied petroleum gas, and chemicals (including
fertilizers) shall be located outdoors.
7.
Visibility. The location of temporary outdoor retail displays
and sales uses on the property shall not block visibility for vehicles
or pedestrians on or off the lot in a way that would create a safety
hazard or obscure the public view of a neighboring business.
8.
Trash and debris. All trash and debris shall be removed or contained
daily.
9.
Written consent required. Written consent from the owner, or
authorized agent, of the property shall be provided.
10.
Signage. All signage shall be according to the sign regulations
set forth in the Village sign regulations. The following signs are
hereby prohibited:
a.
Any sign which, or any part of which, is in motion by any means,
including fluttering or rotating, or other signs set in motion by
movement of the atmosphere. This includes all flags (except that of
the United States of America, State of Wisconsin, and Village of Greendale),
pennants, whirling objects, banners, or other entities attached to
strings or lines.
b.
Inflatable advertising devices or signs.
c.
Changeable copy and portable trailer signs, either fixed or
moveable.
d.
Banners which are temporary signs or devices of paper, fabric,
plastic, or other flexible materials and are suspended by wires or
poles to advertise a special event (except as may be permitted by
the Village Board).
e.
Statues and stuffed animals.
f.
A sign on a motor vehicle or trailer parked on public or private
property so as to be seen from the public right-of-way for more than
three consecutive hours, which has attached thereto or located thereon
any sign for the purpose of advertising a product or directing people
to a business activity.
11.
Removal of materials. All materials shall be removed within
24 hours of the end of the operation.
12.
Limitation on use of drives or required off-street parking spaces.
No temporary outdoor retail displays and sales area shall occupy any
drive and/or off-street parking space, which is required by this chapter
for the principal use of the property.
13.
Blocking of ingress/egress routes prohibited. No temporary outdoor
retail displays and sales area shall block any permanent vehicular
and/or pedestrian ingress and egress route or access aisle or drive
(including entrances and/or exits to a site or building).
14.
Setbacks. No temporary outdoor retail displays and sales area
may directly abut any residential zoning district.
15.
Securing of display items during hours of nonoperation. All
items displayed may be required to be moved to an indoor secured location
during hours of nonoperation if required by the Zoning Administrator.
16.
Fire hazards. All temporary outdoor retail displays and sales
areas shall be maintained in such a manner so as to eliminate insofar
as possible any fire hazard.
17.
Duration. Temporary outdoor retail displays and sales permits
shall be issued by the Zoning Administrator for specific periods of
time. All permits expire on December 31 of the year in which they
are issued.
18.
Electrical wiring. Electrical wiring shall be installed by a
licensed electrical contractor and approved by the Village Electrical
Inspector.
19.
Certificate(s) of insurance required. No temporary outdoor retail
displays and sales use shall be permitted until the applicant therefor
has placed on file with the Zoning Administrator a certificate or
certificates of insurance indicating that there is in effect public
liability insurance covering any damages arising out of the use or
operation of any devices and facilities operated in connection with
such temporary outdoor retail displays and sales use. Such insurance
shall be in the minimal amount of $500,000 per person, $1,000,000
for each accident and $100,000 property damage.
20.
Other requirements. Any other requirements and/or conditions
deemed appropriate by the Village Manager, Police Department, Fire
Department, Village Health Department, and/or Zoning Administrator.
(5)
Considerations. In determining whether the applicant's evidence establishes
that the foregoing standards have been met, the Zoning Administrator
shall consider the following:
(a)
Public benefit. Whether and to what extent the proposed temporary
outdoor retail displays and sales at the particular location requested
are necessary or desirable to provide a service that is in the interest
of the public convenience or that will contribute to the general welfare
of the neighborhood or community.
(b)
Alternative locations. Whether and to what extent such public
benefit goals can be met by the location of the proposed temporary
outdoor retail displays and sales at another site or in another area
that may be more appropriate than the proposed site.
(c)
Mitigation of adverse impacts. Whether and to what extent all
steps possible have been taken to minimize any adverse effects of
the proposed use on the immediate vicinity through site design and
screening.
(6)
Conditions on certificate of occupancy for temporary outdoor retail
displays and sales. The Zoning Administrator may impose upon the premises
benefited such conditions and limitations concerning use, location,
maintenance, screening, operation, hours of operation (except as may
be allowed by other federal, state, or county requirements) and other
matters relating to the purposes and objectives of this chapter. The
conditions and/or limitations imposed shall be as the Zoning Administrator
deems may be necessary or appropriate to prevent or minimize adverse
effects upon other property and improvements near the subject property
or upon such public facilities and services, to protect the public
interest, and to secure compliance with the standards and requirements
specified in this chapter. Such conditions shall be expressly set
forth in the certificate of occupancy for temporary outdoor retail
displays and sales. Violation of any such condition or limitation
shall be a violation of this chapter and shall constitute grounds
for revocation of the certificate of occupancy for temporary outdoor
retail displays and sales.
(7)
Effect of issuance of a certificate of occupancy for temporary outdoor
retail displays and sales. The granting of a certificate of occupancy
for temporary outdoor retail displays and sales shall not authorize
the establishment or extension of any such use as a permanent use
nor the development, construction, reconstruction, alteration, or
moving of any building or structure but shall merely authorize the
preparation, filing, and processing of applications for any other
permits or approvals that may be required by the ordinances of the
Village of Greendale, including but not limited to building permit,
zoning certificate, certificate of occupancy, land division approval,
site plan approval, or other type of permit or approval. The granting
of a certificate of occupancy for temporary outdoor retail displays
and sales shall not be deemed as precedent setting.
(8)
Limitations on certificate of occupancy for temporary outdoor retail
displays and sales.
(a)
Time limitations. Subject to an extension of time granted by
the Zoning Administrator.
(b)
Temporary outdoor retail displays and sales discontinuance.
A certificate of occupancy for temporary outdoor retail displays and
sales shall be deemed to authorize only the particular temporary outdoor
retail displays and sales for which it was issued. Such certificate
of occupancy for temporary outdoor retail displays and sales shall
automatically expire and cease to be of any force or effect if such
use shall be discontinued.
(9)
Amendments to certificate of occupancy for temporary outdoor retail
displays and sales. A certificate of occupancy for temporary outdoor
retail displays and sales may be amended, varied, or altered only
pursuant to the procedures and subject to the standards and limitations
provided in this chapter for the original approval of temporary outdoor
retail displays and sales.
(10)
Review of certificate of occupancy for temporary outdoor retail
displays and sales. An existing certificate of occupancy for temporary
outdoor retail displays and sales may be reviewed by the Village as
follows:
(a)
The Zoning Administrator may review and revoke a certificate
of occupancy for temporary outdoor retail displays and sales if any
of the following determinations are made by the Zoning Administrator:
1.
Temporary outdoor retail displays and sales have not continued
in conformity with the Village's conditions of approval of the certificate
of occupancy for temporary outdoor retail displays and sales or with
any subsequent amendments to the certificate of occupancy for temporary
outdoor retail displays and sales.
2.
Violations of other statutes, ordinances, or laws.
3.
A change in the character of the surrounding area or in the
temporary outdoor retail displays and sales itself, which has caused
the temporary outdoor retail displays and sales to become incompatible
with the surrounding uses.
(b)
The determination of a review for revocation of a granted certificate
of occupancy for temporary outdoor retail displays and sales shall
be made by the Zoning Administrator after due notice to the property
owner, occupant, or agent as indicated on the certificate of occupancy
for temporary outdoor retail displays and sales as to the reason(s)
for the review.
(c)
Upon review for revocation of the certificate of occupancy for
temporary outdoor retail displays and sales, the Zoning Administrator
may take no action, revise the certificate of occupancy for temporary
outdoor retail displays and sales, specify additional conditions to
be added to the certificate of occupancy for temporary outdoor retail
displays and sales, or may terminate the certificate of occupancy
for temporary outdoor retail displays and sales.
[Added 7-17-2001 by Ord. No. 781; amended 4-2-2019 by Ord. No. 906; 8-20-2019 by Ord. No. 912]
(1)
Purpose. This section is intended to regulate mobile service facilities
to the full extent allowed by § 66.0404, Wis. Stats., and
other applicable laws. Nothing herein is intended to regulate or to
authorize the regulation of mobile service facilities in a manner
that is preempted or prohibited by § 66.0404, Wis. Stats.,
or other applicable laws.
(2)
Definitions. All terms used herein shall have the meaning described
in § 66.0404(1), Wis. Stats.
(3)
New towers and facilities. In addition to the special use review required by § 17.36, the siting and construction of a new mobile service support structure and facilities shall be subject to the following requirements:
(a)
Application process. The Applicant shall submit a written application
which shall include all of the following information:
1.
The name and business address of, and the contact individual
for, the Applicant.
2.
The location of the proposed tower.
3.
The location of the mobile service facility.
4.
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.
5.
An explanation as to why the Applicant chose the proposed location,
and why the Applicant did not choose co-location, including a sworn
statement from the responsible party attesting that co-location within
the Applicant's service area would not result in the same mobile service
functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome.
(b)
Determination of completeness within 10 days of submittal. The
Village Manager or the Village Manager's designee shall review the
application and determine whether the application is complete. If
the application includes all of the foregoing information, the application
shall be found to be complete. The Village Manager or the Village
Manager's designee shall notify the Applicant in writing within 10
days of receiving the application if it is found not to be complete,
and such notice shall specify in detail the required information that
was incomplete. Applicants are allowed to resubmit their applications
as often as necessary until they are complete.
(c)
Conditional use review procedure. The wireless telecommunications mobile service facility shall be a conditional use; however, it is not subject to § 17.08(5)(d) or § 17.36 of this Code, and instead shall be reviewed pursuant to the following procedures:
1.
Plan Commission. Within a reasonable time after an application
and all required information have been filed, the matter shall be
referred to the Village Plan Commission for its review and recommendation
to the Village Board. The Plan Commission may choose to attend the
public hearing, described below, jointly with the Village Board, prior
to making its recommendation.
2.
Public hearing. Upon Class 2 notice, a public hearing shall
be held by the Village Board in accordance with § 62.23(7)(d)
and (de), Wis. Stats., and in addition mailed notice shall be attempted
to all owners of property located within 300 feet of the property
lines of the proposed location at least 10 days before the public
hearing.
[Amended 5-24-2022 by Ord. No. 940]
3.
Fee. Any application shall be accompanied by a fee as set from
time to time by the Village Board to defray the cost of notification
and holding of public hearing. Costs incurred by the Village in obtaining
legal, planning, engineering and other technical and professional
advice in connection with the review of the conditional use and preparation
of the conditions to be improved shall be charged to the Applicant.
Such fee shall not exceed the limits established by § 66.0404(4)(d),
Wis. Stats.
4.
Requirements.
a.
Conditional use status shall not be granted to communication
towers unless the tower is located so that there is sufficient radius
of clear land around the tower so that its collapse shall be completely
contained on the property, subject to the following. If an Applicant
provides the Village with engineering certification showing that the
tower is designed to collapse within a smaller area than the radius
equal to the height of the tower, the smaller area shall be used unless
the Village has and provides to the Applicant substantial evidence
that the engineering certification is flawed.
b.
All facilities shall meet all state and federal codes.
c.
Adverse impact. The proposed wireless communications towers,
antennas, and associated accessory structures and facilities use will
not have a substantial or undue adverse or detrimental effect upon
or endanger adjacent property, the character of the area, or the public
health, safety, morals, comfort, and general welfare and will not
substantially diminish and impair property values within the community
or neighborhood and:
1)
Interference with surrounding development. Will
be constructed, arranged, and operated so as not to unreasonably interfere
with the use and development of neighboring property according to
the applicable zoning district regulations.
2)
Adequate public facilities. Will be served adequately
by any required essential public facilities and services.
3)
Traffic congestion. Will not cause undue traffic
congestion or draw significant amounts of traffic through residential
streets. Adequate measures will be taken to provide ingress and egress
so designed as to minimize traffic congestion on the public streets.
4)
Destruction of significant features. Will not result
in the destruction, loss, or damage of any points of visual interest,
including views of waterways, open spaces, historic buildings or historic
landscapes or Village-scapes, architecturally significant structures,
or other scenic views or natural, scenic, or historic features of
significant importance.
5)
Hazard protection. Will reasonably protect persons
and property from erosion, flooding, fire, noise, glare, falling debris
or ice, or similar hazards.
6)
Compliance with State of Wisconsin Statutes and
the Wisconsin Administrative Code. The proposed facilities shall be
in compliance with all applicable State of Wisconsin Statutes and
Wisconsin Administrative Code provisions and requirements.
7)
Compatible with adjacent land. The uses, values and enjoyment of
other Village property in the neighborhood for purposes already permitted
shall be in no foreseeable manner substantially impaired or diminished
by the establishment, maintenance or operation of the conditional
use.
[Added 8-18-2020 by Ord. No. 924]
8)
Welfare. The establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
[Added 8-18-2020 by Ord. No. 924]
9)
Not impede surrounding property development and improvement. The
establishment of the conditional use will not impede the normal and
orderly development and improvement of the surrounding Village property
for uses permitted in the district.
[Added 8-18-2020 by Ord. No. 924]
5.
Aesthetic requirements. All wireless telecommunications facilities
shall comply with the following aesthetic standards:
a.
In areas where facilities are currently nonexistent or underground,
undergrounding is required.
b.
No new aboveground structures, including co-locations on existing
structures, shall be placed within 500 feet of structures representative
of the greenbelt planned community development, which earned Greendale
designation as a National Historic Landmark by the U.S. Department
of the Interior. The historic structures subject to this requirement
are all structures built prior to 1945, unless the Applicant can demonstrate
that a particular structure is not representative of the historic
greenbelt development. The 500-foot separation is waived for installations
that are completely concealed from view, or are not visible from locations
where the historic structure can be observed.
c.
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.
d.
Any party objecting to the requirements of this Subsection (3)(c)5
shall have an opportunity to demonstrate that the requirement constitutes
an effective prohibition in violation of state or federal law, upon
application to the Village Board, and the Village Board shall waive
the requirement if it finds the standard to effectively prohibit the
expansion of wireless technology in the Village or otherwise violates
state or federal law.
6.
Determination. The Village Board shall make a decision on the
application within a reasonable time after the public hearing, provided
further that final action shall be taken within 90 days of receipt
of a complete application unless the time is extended by the Applicant.
Said decision shall be stated in writing and a copy made a permanent
part of the Village records. If conditional use status is not granted,
the reasons therefor will be included in such record.
7.
Changes or additions. Subsequent change or addition to the approved
plans or use shall first be submitted to the Plan Commission for recommendation
to the Village Board, and then to the Village Board for action. If,
in the opinion of the Village Board, such change or addition constitutes
a substantial alteration, a public hearing to be held before the Village
Board shall be required and notice thereof be given pursuant to this
chapter.
8.
Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, among other issues as deemed appropriate, may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter; subject to the limitations of § 17.3610(3)(d), below. Particular conditions may include the following:
a.
Interference with air traffic prohibited. The proposed antenna
or antenna structure shall not result in restriction or interference
with air traffic or air travel to or from any existing or proposed
airport and must meet the applicable Federal Aviation Administration
(FAA) regulations.
b.
Interference with radio or television reception and/or any other
form of wireless communication prohibited. The proposed tower, alternative
tower structure and/or antenna(s) shall not result in interference
with radio and/or television reception and/or any other form of wireless
communication in nearby residential or nonresidential areas based
upon the applicable Federal Communications Commission (FCC) regulations.
In the event that any complaints of interference are received and
they are reasonably suspected by the Village of Greendale to be caused
by the tower, alternative tower structure and/or antenna(s), the Village
shall notify the Applicant and property owner. The Applicant shall
have a period of 30 days following receipt of said notification to
investigate said complaints and respond to the Village of Greendale.
In the event that it is determined that the tower, alternative tower
structure and/or antenna(s) is the source of interference, the Applicant
shall have 10 days to correct all problems.
c.
Access. The use shall be located along and have direct vehicular
access to a public street. Access to and from the site shall be in
accord with the requirements of the applicable highway or arterial
street access authority, including the Wisconsin Department of Transportation,
Milwaukee County and/or the Village of Greendale.
d.
Limitation on use of drives or required off-street parking spaces.
No wireless communications towers, antennas, and associated accessory
structures and facilities shall occupy any drive and/or off-street
parking space which is required by this chapter for the principal
use of the property.
e.
Blocking of ingress/egress routes prohibited. No wireless communications
towers, antennas, and associated accessory structures and facilities
shall block any permanent vehicular and/or pedestrian ingress and
egress route or access aisle or drive (including entrances and/or
exits to a site or building).
f.
Visibility and safety. The location of wireless communications
towers, antennas, and associated accessory structures and facilities
on the property shall not block visibility for vehicles or pedestrians
on or off the lot in a way that would create a safety hazard.
g.
All new towers to be of a monopole or special design unless
otherwise determined by the Village Board. Unless otherwise determined
by the Village Board as provided herein, all new wireless communications
towers shall be of a monopole tower design and shall not exceed a
width or diameter of five feet in diameter as measured at its base.
However, the Village Board shall have authority to require a special
design of new wireless communications towers where findings of particular
sensitivity are made, such as proximity to historic or aesthetically
significant structures, views and/or community features or other factors
as determined by the Village Board.
h.
Wireless communications towers, antennas, and associated accessory
structures to be structurally self-supporting. All wireless communications
towers, antennas, and associated accessory structures and facilities
shall be structurally self-supporting without the use of guy wires
and shall be specified or plan-approved by a structural professional
engineer licensed in the State of Wisconsin. All wireless communications
towers, antennas, and associated accessory structures and facilities
shall be permanently anchored to the ground.
i.
Minimum of four service providers to be allowed to use tower
facilities. Unless specifically waived by the Village of Greendale,
new towers shall be designed to accommodate at least three other wireless
communication service providers at market rate. The Applicant shall
allow the sharing of the antenna support facilities with three or
more other service providers through the use of a co-location agreement.
The holder of a special use permit for an antenna support facility
shall not make access to the antenna support facility and site economically
unfeasible. If additional users demonstrate (through an independent
arbitrator or other pertinent means) that the holder of a special
use permit for an antenna support facility and site has made access
to such antenna support facility and site economically unfeasible,
then the special use permit for said facility shall become null and
void. All towers and structures shall be designed structurally, electrically,
and in all respects to:
1)
Accommodate both the Applicant's antennas and comparable
antennas.
2)
Allow for the future rearrangement of antennas upon
the commercial communication tower or structure.
3)
Accept antennas mounted at varying heights, provided
that said heights do not exceed the maximum height approved or the
height of the approved commercial communication tower or existing
structure.
j.
Buildings, enclosures, equipment and associated devices. All
buildings, enclosures, equipment, and other associated devices ancillary
to wireless communications towers and antennas shall be placed in
close proximity to the base of the tower located on the wireless communications
site. If the wireless communications facility does not have a tower,
the buildings, equipment, and other associated devices shall be placed
in close proximity to the alternative tower structure. If the wireless
communications facility has a roof-mounted antenna support structure,
an equipment enclosure may be located on the roof, provided that such
enclosure is placed as unobtrusively as possible and in compliance
with all applicable building codes and this chapter.
1)
All buildings, enclosures, equipment, and other
associated devices shall be kept locked at all times.
2)
Each building, enclosure, equipment, and other associated
device shall have a label attached to it. The label shall give the
name, address, and telephone number of the person who should be contacted
in the event of an emergency.
3)
The aggregate floor area of all buildings and enclosures
shall not exceed 500 square feet per tower.
4)
The total height of the structures shall not exceed
15 feet in height, and the construction materials shall consist of
a brick exterior on all sides of the structures.
5)
Backup electrical power generators, if provided,
shall only be operated during electrical power outages and for testing
and maintenance purposes. If the electrical power generator is located
within 100 feet of a residential zoning district boundary line, noise
attenuation measures shall be included to reduce noise levels to an
exterior noise level of not greater than 45 Ldn at the property line.
Testing and maintenance of said electrical power generators shall
only take place on weekdays between the hours of 9:00 a.m. and 5:00
p.m.
6)
An "RF Safety Hazard" sign per ANSI Standard C95.2-1982,
including descriptive wording or warning information at the user's
option, shall be located on the tower and facilities where appropriate
to create an awareness of a possible RF exposure to personnel. Sign
lettering is recommended to conform to ANSI Z35.1-1972m while the
yellow triangle shall conform to ANSI Z53.1-1979. ANSI Z35.1-1972
details construction guidance in the selection of finishes, illumination
and placement.
k.
Anticlimbing measures required. Towers shall be designed to
prevent children and trespassers from climbing on those structures.
Sufficient anticlimbing measures shall be incorporated into the facility
to reduce the potential for trespass and injury. Ladder rungs on towers
shall be placed a minimum of 20 feet above the ground.
l.
Advertising and signage. No form of advertising or signage (other
than warning or equipment information signage) shall be allowed on
the wireless communications towers, antennas, and associated accessory
structures and facilities. All signage shall be according to the sign
regulations set forth in the Village of Greendale sign regulations.
In addition, the following signs are hereby prohibited:
1)
Any sign which, or any part of which, is in motion
by any means, including fluttering or rotating, or other signs set
in motion by movement of the atmosphere. This includes all flags (except
that of the United States of America, State of Wisconsin, and Village
of Greendale), pennants, whirling objects, banners, or other entities
attached to strings or lines.
2)
Inflatable advertising devices or signs.
3)
Changeable copy and portable trailer signs, either
fixed or moveable.
4)
Banners which are temporary signs or devices of
paper, fabric, plastic, or other flexible materials and are suspended
by wires or poles to advertise a special event (except as may be permitted
by the Village Board).
5)
Statues and stuffed animals.
m.
Cable installation. All cable to and from the antenna and/or
antenna structure shall be installed underground unless the antenna
is mounted on a building where cable will go directly into the structure.
Aboveground cable installation may be allowed if it is adequately
screened from view from outside the fenced area as determined by the
Village Board upon receipt of a recommendation from the Plan Commission.
n.
Security and fencing. The base of the tower and its associated
accessory structures shall be enclosed and fenced by a security fence
not less than six feet in height and secured so that it is not accessible
by the general public. Fence design, materials, and colors shall reflect
the character of the surrounding area as determined by the Village
Board upon receipt of a recommendation from the Plan Commission. Electrical
fencing is prohibited. All fencing shall meet the applicable fence
requirements of the Village of Greendale Code.
o.
Landscaped buffer yard required. A buffer yard of plant materials
of sufficient maturity and size (as determined by the Village Board)
to immediately and effectively screen the equipment cabinets, structures,
or buildings from public view and from adjacent properties shall be
provided.
1)
The minimum buffer yard shall consist of a landscaped
strip at least 10 feet in width outside the entire perimeter of the
wireless communications facility.
2)
In locations where the visual impact of the tower
would be minimal (as determined by the Village Board), the landscaping
requirement may be reduced or waived with the approval of the Village
Board.
3)
Existing mature tree growth and natural land forms
shall be preserved to the maximum extent possible. In some cases,
when such towers are sited on large, wooded lots, natural growth around
the property perimeter may be a sufficient buffer yard.
4)
All landscaping requirements detailed here shall
be properly maintained in perpetuity.
5)
The minimum size of plant materials used in the
required buffer yard shall be as indicated below:
Plant Material Type
|
Minimum Plant Material Sizes
|
---|---|
Canopy trees
| |
Single stem
|
3-inch caliper
|
Multistem clump
|
12 feet tall
|
Coniferous trees
|
8 feet tall
|
Understory trees
|
2-inch caliper
|
Shrubs
|
3 feet tall
|
p.
Lighting. No tower, antenna support structure, or antenna shall
be artificially illuminated unless required by the Federal Aviation
Administration or other applicable authority. This subsection does
not prohibit the use of motion detectors and associated lighting for
security or the use of full cutoff luminaire design outdoor lights
when the wireless communication provider's personnel are present.
This subsection is not intended to prohibit any lighting required
by any local, state, or federal law, rule, or regulation. If lighting
is required by such law, rule, or regulation, the operator and owner
shall choose the lighting which causes the least disturbance to the
occupants of the adjacent properties.
q.
Color and finish. All towers and antennas shall be of a color
that best allows them to blend into the surroundings so as to reduce
visual obtrusiveness or to camouflage the tower and antennas. The
use of grays, blues, and greens may be appropriate; however, each
case shall be evaluated by the Village of Greendale on an individual
basis. All finishes shall be nonreflective.
r.
No outdoor storage permitted. There shall be no outdoor storage
of any vehicles, equipment, or other goods permitted in conjunction
with wireless communications towers, antennas, and associated accessory
structures and facilities. This subsection does not apply to overnight
storage of vehicles or equipment necessary for the construction or
repair of the wireless communications tower, antennas, and associated
accessory structures and facilities.
s.
Hazardous materials. There shall be no use of, generation of,
storage of, or disposal of any hazardous materials on, under, about,
or within the land in violation of any law or regulation in conjunction
with wireless communications towers, antennas, and associated accessory
structures and facilities.
t.
Maintenance. All wireless communications towers, antennas, and
associated accessory structures and facilities shall be maintained
in a clean, rust-free, sanitary, and safe manner and kept free from
trash, refuse, and debris. In addition, all wireless communications
towers, antennas, and associated accessory structures and facilities
shall be maintained in accordance with all applicable local, state,
and federal regulations. If the Zoning Administrator concludes that
a wireless communications tower, antenna(s), and associated accessory
structure(s) and facility(ies) fail to comply with such codes and
regulations and constitute a danger to persons or property in the
vicinity, the Village Zoning Administrator shall notify the owner
or operator of the wireless communications tower, antenna(s), and
associated accessory structure(s) and facility(ies) of such fact.
The notice shall be in writing and shall require the owner or operator
to bring the facility into compliance with such codes and regulations
within a time frame set forth by the Village Zoning Administrator
but not to exceed 30 days of the date of service of the notice, whichever
is earlier. If the owner or operator fails to bring the wireless communications
tower, antenna(s), and associated accessory structure(s) and facility(ies)
into compliance within the time provided, the Village Zoning Administrator
may order the wireless communications tower, antenna(s), and associated
accessory structure(s) and facility(ies) to be removed to the extent
necessary to protect persons or property in the vicinity. The cost
of removing the wireless communications tower, antenna(s), and associated
accessory structure(s) and facility(ies) shall be at the owner's expense.
u.
Antennas on existing towers. The attachment of a new antenna
on an existing tower may be allowed to minimize adverse visual impacts
associated with the proliferation and clustering of towers.
v.
Electrical wiring. Electrical wiring shall be installed by a
licensed electrical contractor and approved by the Village Electrical
Inspector.
w.
Financial guaranty and agreement for abandoned facilities removal
and site restoration required. An Applicant shall provide to the Village
of Greendale, as a condition of issuance of a special use permit for
wireless communications towers, antennas, and associated accessory
structures and facilities, an irrevocable letter of credit or cash
in the amount of $20,000 to guarantee facilities removal and site
restoration if the wireless communications towers, antennas, and associated
accessory structures and facilities are abandoned or no longer used.
The property owner shall also sign, as a condition of issuance of
a special use permit, an agreement and record (with the Milwaukee
County Register of Deeds) a deed restriction to remove the wireless
communications tower, antenna(s), and associated accessory structure(s)
and/or facility(ies) within six months of the discontinuance of their
use.
x.
Certificate(s) of insurance required. No use shall be permitted
until the Applicant has placed on file with the Zoning Administrator
a certificate or certificates of insurance indicating that there is
in effect general public liability insurance covering any damages
arising out of the use or operation of any devices and facilities
operated in connection with such wireless communications towers, antennas,
and associated accessory structures and facilities. Such insurance
shall be in the minimal amount of $2,000,000 per person, $2,000,000
for each accident and $6,000,000 property damage. Said certificate
or certificates of insurance shall be furnished the Zoning Administrator
annually.
y.
Indemnification. The owner and operator agree to indemnify,
defend, and hold harmless the Village of Greendale and its elected
officials, officers, employees, agents, departments, agencies, committees,
boards, and representatives from and against any and all claims, costs,
losses, expenses, demands, actions, or causes of action, including
reasonable attorney fees and other costs and expenses of litigation,
which may be asserted against or incurred by the Village of Greendale
or for which the Village of Greendale may be held liable, which arise
from the negligence, willful misconduct, or other fault of the owner
and operator or their employees, agents, or subcontractors from the
installation, operation, use, maintenance, repair, removal, or presence
of such wireless communications towers, antennas, and associated accessory
structures and facilities on any property.
z.
Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this section subject to the violations and penalties provisions of §§ 17.42 and 25.04 of this Code. Each day that the debris remains after such time constitutes a separate offense.
aa.
No assignment. The respective rights and obligations granted
to the Applicant shall not be assigned to any other person or entity
without the express written consent of the Village, except to any
entity which controls, is controlled by, or is under common control
with the Applicant, or to any partner, or to any partnership which
the Applicant is general partner.
(d)
Limitations upon authority. The Village review and action in
the matter shall be subject to the limitations imposed by § 66.0404(4),
Wis. Stats. In the event the Applicant believes the Village has exceeded
its authority in this regard, the Applicant shall notify the Village
Board in writing, and the Village Board reserves the right to reconsider
the matter, to ensure that applicable laws are followed.
(4)
Modifications. The construction of modifications to an existing mobile
service support structure or mobile service facility shall be subject
to the following requirements:
(a)
Substantial modification.
1.
Application and review process. The application and review process for a substantial modification is identical to the application and review process for a new tower, as described in § 17.3610(3)(d), above, except that the required plans should describe the proposed modifications, rather than describe the new structure.
(b)
Not substantial modifications.
1.
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:
2.
Completeness determination within five days. The Village Manager
or Village Manager's designee will determine whether the application
is complete. If the application includes all of the foregoing information,
the application shall be found to be complete. The Village Manager
or Village Manager's designee must notify the Applicant in writing
within five days of receiving the application if it is found not to
be complete, specifying in detail the required information that was
incomplete. The Applicant may resubmit as often as necessary until
it is complete.
3.
Fee. Any application shall be accompanied by a fee as set from
time to time by the Village Board to defray the cost of review. Costs
incurred by the Village in obtaining legal, planning, engineering
and other technical and professional advice in connection with the
review of the conditional use and preparation of the conditions to
be improved shall be charged to the Applicant. Such fee shall not
exceed the limits established by § 66.0404(4)(d), Wis. Stats.
4.
Determination. The Village Board shall make a decision on the
application within a reasonable time, provided further that final
action shall be taken within 45 days of receipt of a complete application
unless the time is extended by the Applicant. Said decision shall
be stated in writing and a copy made a permanent part of the Village
records. If approval is not granted, the reasons therefor will be
included in such record.
5.
Limitations upon authority. The Village review and action in
the matter shall be subject to the limitations imposed by Wisconsin
Statutes Section 66.0404(4), and such other laws as may apply which
may include 47 U.S.C.A. § 1455. In the event the Applicant
believes the Village has exceeded its authority in this regard, the
Applicant shall notify the Village Board in writing, and the Village
Board reserves the right to reconsider the matter, to ensure that
applicable laws are followed.
[Added by Ord. No. 719]
(1)
Purpose. Pursuant to the provisions of Chapter 23 of the Code of the Village of Greendale and for the purpose of identifying historic structures, historic sites or historic districts, the letter "H" shall be affixed and be used to identify a designated historic structure, historic site or historic district and shall be appended to the various existing zoning district classifications on zoning district maps maintained by the Village. The "H" designation shall have no effect upon the principal zoning district classification of said zoning lots.
(2)
Historic structures and historic sites. The applicable regulations of Chapter 23 shall apply to each property with the "H" designation in addition to the other applicable requirements of this chapter
(3)
Special use designation. All structures and sites in the "H" designation are hereby deemed to have their primary use and function to preserve their historic nature. All structures and sites in the "H" designation and their principal and accessory structures and uses of land, including all major internal and external alterations, improvements and modifications, as deemed major by the Plan Commission, shall be considered as special uses pursuant to the provisions of § 17.36 of this chapter.
[Added 8-7-2001 by Ord. No. 782]
[Added 12-21-2010 by Ord. No. 854[1]]
(1)
General.
(a)
Plan Commission to conduct site plan review. The Plan Commission
shall review the site, natural resource features of the site, site
intensity of use, building location, density of dwelling units, floor
area, impervious surface area, existing and proposed structures, architectural
plans, neighboring uses, potential impacts upon neighboring uses,
use of landscaping and open space, off-street parking and loading
areas, driveway locations, loading and unloading for commercial and
industrial uses, highway access, traffic generation and circulation,
lighting, drainage, sewerage and water systems, the proposed operation,
and emergency vehicle accessibility.
(2)
Principles and standards of review. The Plan Commission will approve
said site plan(s) only after determining:
(a)
Conformity of use to zoning district. The proposed use(s) conform(s)
to the uses permitted as either a permitted use or special use (whichever
is applicable) in the zoning district.
(b)
Dimensional requirements. The dimensional arrangement of buildings
and structures conform to the required area, yard, setback, and height
restrictions of this chapter.
(c)
Use and design provisions. The proposed use conforms to all
use and design provisions and requirements (if any) as found in this
Zoning Code for the specified uses.
(d)
Relation to existing and proposed streets and highways. There
is a proper relationship between the existing and proposed streets
and highways within the vicinity of the project to assure the safety
and convenience of pedestrian and vehicular traffic. For arterial
streets and highways not under the jurisdiction of the Village of
Greendale, that the applicable highway authority has been contacted
and the needed permits have been obtained and submitted to the Village
for review.
(e)
Impacts on surrounding uses. The proposed on-site buildings,
structures, and entryways are situated and designed to minimize adverse
effects upon owners and occupants of adjacent and surrounding properties
by providing for adequate design of ingress/egress and interior/exterior
traffic flow, stormwater drainage, erosion, grading, lighting, and
parking, as specified by this Zoning Code or any other codes or laws.
(f)
Natural resource features protection. Natural features of the
landscape are retained to enhance the development on the site, or
where they furnish a barrier or buffer between the project and adjoining
properties used for dissimilar purposes, or where they assist in preserving
the general safety, health, welfare, and appearance of the neighborhood.
(g)
Required landscaping and landscape bufferyards. Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape bufferyards to provide for appropriate screening, fencing, or landscaping. Where required, a landscape plan meeting the requirements set forth in § 17.39 of the Village Zoning Code has also been submitted for Plan Commission review and approval.
(h)
Provision of emergency vehicle accessibility. Land, buildings,
and structures are readily accessible to emergency vehicles and the
handicapped.
(i)
Building location. No building shall be permitted to be sited
in a way that would unnecessarily destroy or substantially damage
the beauty of the area, particularly insofar as it would adversely
affect values incident to ownership of land in the area; or which
would unnecessarily affect the beauty and general enjoyment of existing
structures on adjoining properties.
(j)
Building separation. The proposed structure(s) are located to
allow for adequate light and air; ease of access and entry for vehicles,
occupants, and pedestrians; and safety from fire, flood, and other
safety hazards.
(k)
Location and design of loading facilities. No loading facility
shall be permitted to be designed or sited in a way that would unnecessarily
destroy or substantially damage the beauty of the area, particularly
insofar as it would adversely affect values incident to ownership
of land in the area; or which would unnecessarily affect the beauty
and general enjoyment of the existing structures on adjoining properties.
(l)
Consistency with the intent of the Village of Greendale Zoning
Code. The site plan is consistent with the intent and purposes of
the Village of Greendale Zoning Code that are to promote the public
health, safety, and general welfare; to encourage the use of lands
according to their character and adaptability; to avoid the overcrowding
of population; to lessen congestion on the public roads and streets;
to reduce hazards to life and property; to facilitate the implementation
of the Village of Greendale Comprehensive Plan or component thereof;
and those other purposes and intents of this Zoning Code.
(m)
Consistency with the intent of the Village of Greendale Comprehensive
Plan. The site plan is consistent with the public goals, objectives,
principles, standards, policies, and design criteria set forth in
the Village-adopted Comprehensive Plan or component thereof.
(3)
Applications for site plan review. The site plan(s) and related plans
and data shall be submitted to the Village Director of Inspection
Services who shall transmit all site plan review applications and
their accompanying site plan(s) and related plans and data to the
Plan Commission for its review and approval. Four full-size copies
of said site plan shall be submitted with 18 copies of the site plan
review application. In addition to the full-size drawings required
above, 18 copies of each such drawing submitted shall also be submitted
as eleven-inch-by-seventeen-inch black-and-white reduction. Site plans
submitted with site plan review applications shall include the following:
(a)
Scale and name of project. Site plan drawn to a recognized engineering
scale with the name of project noted.
(b)
Owner's and/or developer's name and address. Owner's and/or
developer's name and address noted on the site plan.
(c)
Architect and/or engineer's name and address. Architect and/or
engineer's name and address noted on the site plan.
(d)
Date. Date of site plan submittal with all dates of revision
noted on the site plan.
(e)
Scale and site size. The scale of drawing and the size of the
site (in square feet or acres) noted on the site plan.
(f)
Existing and proposed topography. Existing and proposed topography
shown at a contour interval of not more than two feet at National
Geodetic Vertical Datum of 1929 (mean sea level) noted on the site
plan. A site grading plan may also be required by the Village Director
of Inspection Services and/or Plan Commission.
(g)
Off-street parking spaces, loading, ingress and egress, and
driveway locations of adjoining properties. The total number of off-street
parking spaces, loading areas, drives, curb cuts, and vehicular ingress
and egress locations to the site noted on the site plan. If the proposed
development abuts an existing or planned collector or arterial street
or highway, as identified in the Village of Greendale Comprehensive
Plan or component thereof, all driveway locations of all adjoining
properties within 200 feet of the site shall be graphically indicated
and dimensioned (with distances and widths noted) on the site plan.
(h)
Type, size, and location of all structures and signs. The type,
size, and location of all structures and signs with all building and
sign dimensions noted on the site plan.
(i)
Building height. Height of all building(s), including both principal
and accessory, expressed in both feet and stories noted on the site
plan.
(j)
Existing and proposed street names. Existing and proposed street
names noted on the site plan.
(k)
Existing and proposed public street rights-of-way or reservations.
Existing and proposed public street rights-of-way or reservations
and widths with existing or proposed center line elevations, pavement
type, fire lanes, walks, curbs, gutters, culverts, etc., noted on
the site plan.
(l)
Building and yard setbacks. All building and yard setback lines
shall be graphically noted on the site plan.
(m)
North arrow. A North arrow noted on the site plan.
(n)
Proposed sanitary sewers storm sewers, and water mains. Existing
and general location of proposed sanitary sewers, storm sewers (including
direction of flow), water mains, and fire hydrants noted on the site
plan. All locations for the proposed connections to such utilities
shall be noted on the site plan.
(o)
Proposed stormwater management facilities. Location of any proposed
stormwater management facilities, including detention/retention area(s).
Stormwater calculations that justify the stormwater detention/retention
area(s) shall be submitted. Said submission shall indicate how the
planned stormwater drainage system meets the requirements of the Village's
stormwater management plan[2] or other Village stormwater drainage policies.
(p)
Landscape plan required. Where landscaping, as required in this Zoning Code, is to be installed on the site, a landscape plan meeting the requirements set forth in § 17.39 of this Zoning Code shall be submitted with the site plan review application for Plan Commission review and approval.
(q)
Residential density. Information on the density of residential
uses (net density and gross density), the number of dwelling units
by type, and land areas assigned for each density type noted on the
site plan.
(r)
Nonresidential uses. Information on the type and amount of ancillary
and nonresidential uses in the development noted on the site plan.
(s)
General location and purpose of each building. The general location
and purpose of each building proposed for the property shall be graphically
noted on the site plan.
(t)
Pedestrian sidewalks and walkways. The location of pedestrian
sidewalks and walkways noted on the site plan.
(u)
Schedule. A development schedule shall be submitted indicating
the following:
1.
Project phasing plan required. A project phasing, or staging,
plan is required indicating when various areas, open space, densities,
uses, and public facilities are planned to be developed with each
phase or stage. The overall design of each stage shall be shown on
the plan and through supporting graphic material.
2.
Project phase dates and timing of development. The approximate
dates for the beginning and completion of each development phase,
or stage, shall be indicated.
3.
Land use schedule required. If different land use types are
to be included in a TND Traditional Neighborhood Development Overlay
District, the schedule must include the mix or uses to be built in
each stage.
(v)
Architectural plans, elevations, and perspective drawings and
sketches. Architectural plans, elevations, and perspective drawings
and sketches illustrating the design, character, materials (all labeled
with the specific material clearly indicated with a written note),
and dimensions of proposed structures indicated on the plans.
(w)
Lighting plan required. A lighting plan which meets the lighting regulations set forth in § 17.40 of this Zoning Code. Said lighting plan shall indicate the location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site.
(x)
Easements. The location of all existing and proposed easements
on the site, including natural resource protection and mitigation
area easements, landscape easements, access easements, utility easements,
and all other easements noted on the site plan.
(y)
Highway access. Copies of any letters of review or permits granted
by applicable federal, state, or county regulatory agencies having
jurisdiction over highway access, if applicable.
(z)
Market analysis. For a commercial use on a parcel of land greater
than 30,000 square feet in area, a market analysis, prepared and signed
by an independent market analyst acceptable to the Plan Commission,
may be required, containing the following:
(aa)
Financial plan for project implementation to be provided. A
financial plan for project implementation, acceptable to the Plan
Commission, may be required.
(bb)
Project summary. A written project summary, including fiscal
impact upon the Village of Greendale, operational information, building
schedule, and estimate of project value and including all site improvement
costs.
(cc)
Covenants and deed restrictions required. Written documentation
of any proposed agreements, provisions, declarations, deed restrictions,
or covenants that will govern the use, maintenance, and continued
protection of the development and any of its common open space.
(dd)
Special studies may be required. Fiscal, traffic, or environmental
impact studies may be required when deemed appropriate by the Plan
Commission or the Village Board.
(ee)
Engineering requirements and specifications. Engineering requirements
and specifications are to be in conformance with the standards set
forth in the Village Land Division Ordinance[3] and other accepted engineering standards as determined
by the Village Engineer.
(ff)
Additional data may be required by the Village. Additional data
as may be required by the Plan Commission, Village Director of Inspection
Services, Village Planner, or Village Engineer to review the site
plan. Such other data may include the preparation and submittal of
detailed traffic impact analyses studies performed by a transportation
engineer or fiscal impact analyses studies.
(4)
Site plan review and findings.
(a)
Plan Commission review of site plans. The Plan Commission shall
review the submitted plans within 60 days following their submittal.
(b)
Plan Commission approval of site plans. The Plan Commission
shall not recommend to the Village Board the approval of any site
plan(s) or other required plans unless they find after reviewing the
site plan review application and data that the structure or use, as
planned, will not violate the intents and purposes of this Zoning
Code. The Plan Commission shall recommend to the Village Board the
approval of said site plan(s) only after determining the proposed
building or buildings will not impair an adequate supply of light
and air to adjacent property, or substantially increase the danger
of fire, or traffic congestion, or otherwise endanger the public health
or safety, and provided such proposed development meets the various
intent and purpose statements set forth in this Zoning Code.
(c)
Filing of decision on site plan review. Said recommendation
to the Village Board shall be filed with the Village in the form of
Plan Commission meeting minutes. The development of the site shall
be in substantial conformity with such approved and filed site plan.
(d)
Standards for site plan disapproval. The Plan Commission shall
not disapprove, or the Plan Commission shall not recommend disapproval
of, a site plan submitted pursuant to this Zoning Code except based
on specific findings directed to one or more of the following:
1.
Application improper. The application is incomplete in specified
particulars or contains or reveals violations of this Zoning Code
or other applicable regulations that the applicant has failed or refused
to supply or correct.
2.
Failure of condition precedent. The application is submitted
in connection with another application, the approval of which is a
condition precedent to the necessity for site plan review, and the
applicant has filed to secure approval of that application.
3.
Adverse impact. The proposed use and development will have a
substantial or undue adverse or detrimental effect upon or endanger
adjacent property, the character of the area, or the public health,
safety, morals, comfort, and general welfare and substantially diminish
and impair property values within the community or neighborhood and/or:
a.
Failure to meet principles and standards of review. The site
plan fails to adequately meet specified principles and standards required
by this Zoning Code with respect to the proposed use or development,
including special use permit standards where applicable.
b.
Interference with easements or public rights-of-way. The proposed
site plan interferes with easements or public rights-of-way.
c.
Interference with features. The proposed site plan unreasonably
destroys, damages, detrimentally modifies, or interferes with the
enjoyment of significant natural resource, topographical, or other
physical features of the site.
d.
Adverse traffic impacts. The proposed site plan creates undue
traffic congestion, or draws significant amounts of traffic through
residential streets, or creates hazards in the public streets, or
the circulation elements of the proposed site plan unreasonably create
hazards to safety on or off site or disjointed, inefficient pedestrian
or vehicular circulation paths on or off site. Adequate measures would
not be taken to provide ingress and egress so designed as to minimize
traffic congestion in the public streets.
e.
Inadequate bufferyards or screening. The bufferyards or screening
of the site does not provide adequate shielding from or for nearby
uses.
f.
Lacking amenity. The proposed structures or landscaping are
unreasonably lacking amenities in relation to, or are incompatible
with, nearby structures and uses.
g.
Lack of adequate open space or landscape surface ratio. For
site plans submitted in connection with an application for a special
use permit and/or TND Traditional Neighborhood Development Overlay
District, the proposed site plan makes inadequate provision for the
creation or preservation of open space or for its continued maintenance.
h.
Stormwater drainage or erosion problems. The proposed site plan
creates unreasonable stormwater drainage or erosion problems or fails
to fully and satisfactorily integrate the site into the overall existing
and planned stormwater drainage system serving the Village.
i.
Burdens on utilities. The proposed site plan places unwarranted
or unreasonable burdens on specified utility systems serving the site
or area or fails to fully and satisfactorily integrate the site's
utilities into the overall existing and planned utility systems serving
the Village.
j.
Inadequate public facilities. The proposed use and development
will not be served adequately by essential public facilities and services
such as streets, public utilities, including public water supply system
and sanitary sewer, police and fire protection, refuse disposal, public
parks, libraries, schools, and other public facilities and utilities
or the applicant will not provide adequately for such facilities.
k.
Interference with surrounding development. The proposed use
and development will be constructed, arranged, and operated so as
to unreasonably interfere with the use and development of neighboring
property.
l.
Destruction of significant features. The proposed use and development
will result in the destruction, loss, or damage of any natural, scenic,
or historic feature of significant importance.
m.
Other adverse effects. The proposed site plan otherwise adversely
affects the public health, safety, or general welfare.
(e)
Effect of site plan approval. Approval of a site plan by the
Village Board shall not authorize the establishment or extension of
any use nor the development, construction, reconstruction, alteration,
or moving of any building or structure, but shall merely authorize
the preparation, filing, and processing of applications for any permits
or approvals that may be required by the codes and ordinances of the
Village, including, but not limited to, a zoning permit, special use
permit, building permit, or occupancy permit.
(f)
Limitations on site plan approval. Except in the case of an
approved TND Traditional Neighborhood Development Overlay District
and subject to an extension of time that may be granted by the Village
Board in six-month increments but for no longer than one additional
year, no site plan approval shall be valid for a period longer than
one year unless a building permit is issued and construction is actually
begun within that period and is thereafter diligently pursued to completion
or unless a zoning permit, special use permit, or occupancy permit
is issued and a use commences within that period.
(g)
Substantial conformity with approved site plan required. The
development of the site shall be in substantial conformity with filed
and Village-Board-approved site plans.
(h)
Adjustments to site plan during development. Adjustments to
the site plan during development shall be considered as either minor
adjustments or major adjustments based upon the following:
1.
Minor adjustments. During the development of the site, the Village
Director of Inspection Services may authorize minor adjustments to
a site plan approved by the Village Board when such adjustments appear
necessary in light of technical or engineering considerations first
discovered during actual development.
a.
Such minor adjustments shall be limited to the following:
1)
Altering locations of structures. Altering the location of any
one structure or group of structures by not more than 10 feet or 1/4
of the distance shown on the approved site plan between such structure
or structures and any other structure or any vehicular circulation
element or any boundary of the site plan, whichever is less.
2)
Circulation. Altering the location of any circulation element
by not more than 10 feet or 1/4 of the distance shown on the approved
site plan between such circulation elements and any structure, whichever
is less.
3)
Open space. Altering the location of any open space by not more
than 20 feet with no overall reduction in the open space area provided.
4)
Landscaping. Altering the location or type (but not size or
number) of landscaping elements.
b.
Such minor adjustments shall be consistent with the intent and
purpose of this Zoning Code and the site plan as approved, shall be
the minimum necessary to overcome the particular difficulty, and shall
not be approved if they would result in a violation of any standard
or requirement of this Zoning Code.
2.
Major adjustments. Any adjustment to a site plan previously
approved by the Village Board that is not specifically authorized
by the preceding Subsection 4(h)1 shall be considered a major adjustment
and shall be granted only upon the approval of the Village Board after
recommendation by the Plan Commission.
(i)
Amendments
to the site plan following completion of development. After a site
is developed according to an approved site plan, the approved site
plan may be amended, varied, or altered in the same manner and subject
to the same limitations set forth in this Zoning Code, as amended,
and as provided for original approval of site plans.
(j)
Conditions may be placed on site plan approval.
1.
The Plan Commission or Village Board (as applicable) may impose
such conditions and limitations concerning the principles and standards
of site plan review set forth in this section, as well as to other
matters relating to the purposes and objectives of this Zoning Code
upon the premises benefitted by a site plan approval as may be necessary
or appropriate to prevent or minimize adverse effects upon other property
and improvements in the vicinity of the subject property or upon public
facilities and service; provided, however, that such conditions shall
not be used as a device to grant a site plan approval for a use intended
to be temporary in nature.
2.
Such conditions and limitations imposed by the Plan Commission
or Village Board (as applicable) shall be clearly and permanently
set forth in the applicable minutes of the Plan Commission or Village
Board meeting at which such approval was granted. The Plan Commission
or Village Board (as applicable) may require that such conditions
also be permanently marked on the approved site plan.
3.
Violations of any such condition or limitation shall be a violation
of this Zoning Code and shall constitute grounds for revocation of
the site plan approval.
[Added 12-21-2010 by Ord. No. 854]
General. A landscape plan shall be prepared, and related plans
and data shall be submitted to the Village Director of Inspection
Services who shall transmit all landscape plan review applications
and their accompanying landscape plan(s) and related plans and data
to the Plan Commission for its review and Village Board approval.
Four full-size copies of said landscape plan shall be submitted with
18 copies of the landscape plan review application. In addition to
the full-size drawings required above, 18 copies of each such drawing
submitted shall also be submitted as an eleven-inch-by-seventeen-inch
black-and-white reduction. Landscape plan(s) submitted with landscape
plan review applications shall include and show the following:
(1)
Proposed name. The proposed name of the development.
(2)
Location. The location of the proposed development.
(3)
Names, addresses, and telephone numbers of the owners, subdividers,
lessee and/or developer. The names, addresses, and telephone numbers
of the owners, subdividers, lessee and/or developer(s) of the property
and of the registered landscape architect who prepared the plan.
(4)
Date. Date of the landscape plan submittal and all applicable revision
dates.
(5)
Site boundary. The boundary line of the site with dimensions and
bearings, indicated by a solid line, and the total land area encompassed
by the site.
(6)
Landscape bufferyard easements and natural resource mitigation areas.
All proposed landscape bufferyard easements and/or areas of natural
resource mitigation clearly delineated and dimensioned and graphically
shown in relation to all proposed lot lines and lots upon which said
landscape bufferyard easements or mitigation areas are located.
(7)
Location, extent, type, and size of existing trees and natural resource
features.
(a)
Location, extent, type (common name and scientific name for
plant materials), and size of all existing trees and natural resource
features in all areas of the proposed development designated as a
landscape bufferyard easement and/or mitigation area.
(b)
If any existing vegetation or other natural resource features
are to be demolished or mitigated, the extent of such demolition or
area to be mitigated shall be properly delineated and so noted on
the landscape plan.
(8)
Location, extent, type, and size of proposed landscape materials
and plantings.
(a)
Location, extent, type (common name and scientific name for
plant materials), and size of proposed landscaping and landscape plantings
in all areas of the proposed development, including areas designated
as a landscape bufferyard easement and/or for areas that are to serve
as landscaped entrances or other special landscaped features of the
development.
(b)
A summary table affixed to the landscape plan shall be submitted
indicating all types, numbers, and sizes of all plant materials proposed
to be used shall be indicated.
(9)
Landscape plant material specifications.
(a)
All new landscape plant materials shall be grown in a nursery
located in Plant Hardiness Zone 4 (as defined by the U.S. Department
of Agriculture).
(b)
All new landscape plant material shall conform to the applicable
requirements as specified in the current edition of American Standard
for Nursery Stock as approved by the American National Standards Institute,
Inc., and sponsored by the American Association of Nurserymen, Inc.
(c)
Botanical plant names of plant materials shall be according
to the current edition of Standardized Plant Names prepared by the
American Joint Committee on Horticultural Nomenclature.
(10)
Natural resource features mitigation plan required. If any natural
resource feature is to be mitigated, either on site or off site, the
plan for such mitigation in adequate detail, as required by the Plan
Commission, shall be submitted with the landscape plan.
(11)
Registered landscape architect to prepare landscape plans required.
All landscape plans shall be prepared by a Wisconsin registered landscape
architect.
(12)
Maintenance. Areas of a development designated as landscape easement
areas shall be maintained by the property owner and kept free of all
debris, rubbish, weeds, and tall grass.
(13)
Limitations on landscape plan approval. Except in the case of an
approved TND Traditional Neighborhood Development Overlay District
and subject to an extension of time that may be granted by the Village
Board in six-month increments (but for no longer than one additional
year), no landscape plan approval shall be valid for a period longer
than one year unless a building permit is issued and construction
is actually begun within that period and is thereafter diligently
pursued to completion or unless a zoning permit, special use permit,
or occupancy permit is issued and a use commences within that period.
[Added 12-21-2010 by Ord. No. 854]
(1)
General. A lighting plan shall be prepared, and related plans and data shall be submitted to the Village Director of Inspection Services who shall transmit all lighting plan review applications and their accompanying lighting plan(s) and related plans and data to the Plan Commission for its review and Village Board approval. Four full-size copies of said lighting plan [See Subsection (1)(c) below.] shall be submitted with 18 copies of the lighting plan review application and all product specifications set forth in Subsection (1)(a) and (b) below. In addition to the full-size drawings required above, 18 copies of each such drawing submitted set forth in Subsection (1)(c), below shall also be submitted as an eleven-inch-by-seventeen-inch black-and-white reduction. Lighting plan(s) submitted with lighting plan review applications shall include and show the following elements:
(a)
A catalog page, cut sheet, or photograph of the luminaire, including
the mounting method, a graphic depiction of the luminaire lamp (or
bulb) concealment, and graphic depiction of light cutoff angles.
(b)
A photometric data test report of the proposed luminaire graphically
showing the lighting distribution in all angles vertically and horizontally
around the luminaire.
(c)
A plot plan, drawn to a recognized engineering or architectural
scale, indicating the location of the luminaire(s) proposed, mounting
and/or installation height in feet, the overall illumination levels
(in footcandles) and lighting uniformities on the site, and the illumination
levels (in footcandles) at the property boundary lines. This may be
accomplished by means of an isolux curve or computer printout projecting
the illumination levels.
(d)
Exterior lighting shall be limited to total cutoff-type luminaires
(with angle greater than 90°). The maximum permitted illumination,
as measured at the property line, shall be:
1.
One-half footcandle, as measured from surrounding grade to the
bottom of the luminaire, in single-family detached and two-family
attached dwelling unit developments.
2.
One footcandle, as measured from surrounding grade to the bottom
of the luminaire, in townhouse and multiple-family dwelling uses and
developments. Higher footcandle levels may be allowed by the Village
Board with Plan Commission recommendation at the property line to
accommodate vehicular driveway entrances to the property.
3.
Two footcandles, as measured from surrounding grade to the bottom
of the luminaire, for commercial (business) uses in business zoning
districts. Higher footcandle levels may be allowed by the Village
Board with Plan Commission recommendation at the property line to
accommodate vehicular driveway entrances to the property.
4.
Two footcandles, as measured from surrounding grade to the bottom
of the luminaire, for commercial office uses in nonresidential zoning
districts. Higher footcandle levels may be allowed by the Village
Board with Plan Commission recommendation at the property line to
accommodate vehicular driveway entrances to the property.
5.
Two footcandles, as measured from surrounding grade to the bottom
of the luminaire, for institutional uses in nonresidential zoning
districts. Higher footcandle levels may be allowed by the Village
Board with Plan Commission recommendation at the property line to
accommodate vehicular driveway entrances to the property.
6.
Two footcandles, as measured from surrounding grade to the bottom
of the luminaire, for industrial uses. Higher footcandle levels may
be allowed by the Village Board with Plan Commission recommendation
at the property line to accommodate vehicular driveway entrances to
the property.
7.
The maximum number of footcandles, as measured from surrounding
grade to the bottom of the luminaire, allowed shall be determined
by the Village Board with Plan Commission recommendation at the time
of lighting plan review based upon local conditions and taking into
account potential impacts on the surrounding neighborhood area. (Note:
These standards do not address illumination levels which may be required
by the Village of Greendale for the adequate lighting of public street
rights-of-way or other public areas. It represents maximum illumination
levels on private property.)
(2)
Measurement. For the purposes of this section, light shall be measured
as follows:
(a)
Metering equipment. Lighting levels shall be measured in footcandles
with a direct-reading, portable light meter. The meter shall be read
within an accuracy of plus or minus 5%. The meter shall have been
tested, calibrated, and certified by an independent commercial photometric
laboratory or the manufacturer within 30 days of its use.
(b)
Method of measurement. The meter sensor shall be mounted not
more than six inches above ground level in a horizontal position at
the interior line of the bufferyard or at the property line, as required
herein. Readings shall be taken only after the cell has been exposed
long enough to provide a constant reading. In order to eliminate the
effects of moonlight and other ambient light, measurements shall be
made after dark with the light source in question on, then with the
same source off. The differences between the two readings shall be
compared to the maximum permitted illumination allowed under this
subsection.
[Amended by Ord. No. 719; 4-17-2001 by Ord. No. 779]
(1)
An application for a variation, appeal, amendment
or special use permit shall be filed with and accompanied by a fee
payable to the Village Clerk-Treasurer as set by the Village Board.
[Amended 5-20-2008 by Ord. No. 840]
(2)
Where the actual costs required for publication exceed
the fees, the applicant shall reimburse the Village for the additional
costs thereof.
(3)
In all instances, an additional charge of 10% of the
total fee shall be paid by the applicant to defray administrative
costs.
[Amended by Ord. No. 570; Ord.
No. 719; 5-20-2008 by Ord. No. 840]
(1)
(Reserved)
(2)
If any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter, the proper
authorities of the Village, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
maintenance or use, to restrain, correct or abate such violation,
to prevent the occupancy of such building, structure or land or to
prevent any illegal act, conduct, business or use in or about such
premises.