[Amended by Ord. No. 1227; 8-14-2017 by Ord. No. 1832]
The Village is hereby divided for the purposes of this chapter into the following districts:
District 1 - Lake Shore Residence District
District 1A - Single-Family Residence District
District 2 - Single-Family Residence District
District 3 - Two-Family Residence District
District 4 - Churches, Public Buildings and Grounds District
District 4A - Clubs and Lodges District
District 5 - Apartment District
District 6 - Business District
District 7 - Automobile Parking District
District 8 - Special Use District
District 9 - Planned Development
District 10 - Floodplain District
District 11 - Silver Spring Drive Business District
[Amended by Ord. No. 1733]
Said districts are shown and indicated on a map of the Village of Whitefish Bay entitled, "Zoning Map of the Village of Whitefish Bay," dated May 2, 1938, as amended to March 15, 2004, and conditionally amended on January 5, 2009, signed by the Manager and Clerk-Treasurer of this Village and on file in the office of the Village Clerk-Treasurer.
The district boundaries are either lot lines, the center line of streets or alleys, or the extension thereof, and where the district designated on said Official Zoning Map or any amendment thereof hereafter adopted are approximately bounded by lot lines, streets or alleys, the lot lines or center lines of such streets or alleys, or the extension thereof, as determined by the Village Board in case of controversy, shall be considered to be the district boundaries. Where the district boundaries are not shown as being either lot lines, streets or alleys, or the extension thereof, unless otherwise indicated, they shall be construed to be parallel to and 120 feet from the nearest street line.
Whenever territory is annexed to the Village of Whitefish Bay, such territory shall be and is hereby placed in District 2 - Single-Family Residence District, until such time as another zoning regulation may be duly adopted for such territory.
District # 11
Boundary
[Amended by Village Board 8-14-2017]
016 Dist 11 Boundary.tif
[Amended by Ord. No. 1227; Ord. No. 1343; Ord. No. 1365; Ord. No. 1467; Ord. No. 1685; Ord. No. 1722; Ord. No. 1723; Ord. No. 1724]
A. 
In District 1, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered, or maintained which is arranged, intended or designed to be used except for one or more of the following uses:
(1) 
Single-family dwellings. Not more than one dwelling shall be located on any lot.
(2) 
Noncommercial greenhouses, nurseries and gardens.
(3) 
Accessory.
(a) 
Uses and buildings accessory to those enumerated above in this subsection, including private garages designed for not more than one motor vehicle for each 2,400 square feet of top land area, but not including any store, trade, professional office, business or industry. However, not exceeding one person may, in a dwelling used as his residence:
[1] 
Furnish room or table board to no more than two persons.
[2] 
Carry on a customary home occupation, provided no persons other than members of his own household are employed therein. (Cannot stock materials and cannot create parking problems.)
(b) 
Improved space is not allowed in accessory buildings or structures, except that one area of up to 220 square feet of improved space on the ground floor of any garage is allowed, provided at least 440 square feet of garage space in the garage is maintained for vehicle parking. In no event may accessory buildings or structures be used for sleeping.
(4) 
Garage.
[Amended 3-2-2020 by Ord. No. 1862]
(5) 
Access from the public street or alley or from a private road to each garage required in Subsection A(4) above shall be by means of an approved driveway.
(6) 
Newly constructed driveways shall have a concrete, an asphaltic concrete or an asphaltic penetration surface, free of dust, loose stones or gravel, constructed on an adequate base.
(7) 
Parking spaces shall have an adequate concrete, asphaltic concrete, asphaltic penetration, or a geogrid with organic ground cover surface, free of dust, loose stones or gravel, constructed on an adequate base.
[Amended 8-5-2019 by Ord. No. 1853; 8-1-2022 by Ord. No. 1892]
(a) 
The minimum setbacks for an approved parking space shall be as follows:
[1] 
In Districts 1, 1A, 2 and 3, three feet from side and rear property lines where no alley exists.
[2] 
In Districts 1, 1A, 2 and 3, five feet from the adjacent alley line.
[3] 
In Districts 1, 1A, 2 and 3, the established setback from the adjacent street property line.
[4] 
In Districts 4, 4A, 5, 6 and 7, as required under § 16-17.
(b) 
The maximum number of vehicles permitted to be parked on an approved parking space in Districts 1, 1A, 2 and 3 shall be two.
(c) 
A plot plan to a minimum scale of one inch equals 20 feet, showing the location and size of the proposed parking space, the location and dimensions of all buildings and physical features on the premises and the location of buildings immediately adjacent to the parking space shall be submitted to the Building Inspector.
(d) 
The Building Inspector may refer said plot plan to the Architectural Review Commission for approval or denial if he believes the proposal will have a depreciating effect on the property values of the neighborhood.
(e) 
The permit fee for construction of the parking space, if approved, shall be as set from time to time by the Village Board.
(8) 
Parking of vehicles, except on public streets, where not otherwise prohibited or restricted; on approved off-street parking facilities; in garages; on approved driveways or approved parking spaces, is prohibited.
(9) 
Parking in the public way, except upon the public street where permitted, is prohibited.
(10) 
Notwithstanding Subsection A(8) above, no vehicle except an automobile may be parked in the front setback area of an interior lot, nor between adjacent residences which front on the same street, nor in the side setback area which fronts on a street or a corner lot.
B. 
In District 1, each lot shall abut either upon a public street or upon the westerly line of said district; shall extend from such public street or the westerly line of District 1 to the shore of Lake Michigan; shall contain at least 9,600 square feet of top land lot area and have an average width from north to south of at least 80 feet for each single-family dwelling erected, altered or maintained thereon. No dwelling shall be erected, altered or maintained on any lot in District 1 which occupies more than 30% of the top land area of the lot. No building accessory to a dwelling, including garages, shall occupy more than 10% of the top area of the lot. The combined area of the dwelling and all accessory buildings including garages and any satellite earth station shall not exceed 40% of the top land lot area of the lot.
C. 
Yard minimums; structure maximums.
(1) 
Each dwelling shall have two side yards each at least three feet in width; in case the height of any building exceeds 25 feet, the required width of the side yards shall be increased 10% for each foot that such dwelling exceeds such height. Dwellings shall have a rear yard of at least 10 feet in depth. No building, when accessory to a dwelling, shall be over 18 feet in height. Subject to the provisions of § 16-35A, each garage attached or detached, and each accessory building, shall have a minimum side yard of three feet; a detached garage or an accessory building, except where adjacent to alley (see § 16-36), shall have a minimum rear setback of three feet; an attached garage shall have a minimum rear yard of five feet except when dwelling space or quarters are provided over said garage, in which event a minimum rear yard of 10 feet shall be provided.
(2) 
The maximum height of single- and two-family residential structures shall be as designated in Article XVI, Single-Family and Two-Family Residential Design Guidelines.[1]
[1]
Editor's Note: Original Subsection (3)(c), which immediately followed this subsection, was repealed by Ord. No. 1724.
D. 
In the event that the property is on the bluff of Lake Michigan, the following requirements shall also apply:
(1) 
A registered professional engineer, having a minimum of 10 years of geotechnical experience involving foundation investigation/engineering and shoreline slope stability evaluation, and who is hired by the owner of the lot, shall certify to the Village that the construction of any building and structure(s) proposed to be located within 100 feet of the top edge of the bluff will be safe. Specifically, he shall certify that:
(a) 
The design of any building or structure(s), the method of constructing such building or structure(s), and the materials used therefor are structurally adequate and will protect the public health and safety;
(b) 
The proposed building and structure(s) will not in any way adversely affect the structural integrity or safety of any building, or structure(s) located on adjoining or adjacent sites;
(c) 
The proposed building and structure(s) will not adversely disturb ravine and bluff slopes, interfere with surface or subsurface drainage, or create new or exacerbate existing problems of erosion and recession;
(d) 
The drainage system will not adversely affect the adjacent and adjoining properties;
(e) 
There is no danger to the proposed or existing buildings or structures and its occupants from slippage of the slope above and/or below the proposed structure.
(2) 
The engineer shall make a technical report accompanying the certificate, which shall include, at a minimum:
(a) 
Recommendations regarding site preparation, foundation design, lateral earth pressure and support of slabs on grade;
(b) 
The stability of the slope before, during and after construction;
(c) 
The effect of the construction on the natural drainage in the areas, including any measures, such as "weepers," which are designed to improve natural drainage in the area.
(3) 
The owner of the property shall certify to the Village that he/she is aware of potential problems of lake shore erosion, including but not limited to the possibility of adding fill of various types to stabilize the bluff area, is aware of the requirement for securing of a fill permit from the Village for any such filling, is aware of the provisions of said fill permit ordinance, and is further aware of the potential cost involved.
(4) 
A memorandum of said certifications, including the legal description of the property, shall be recorded with the Register of Deeds of Milwaukee County.
[Amended by Ord. No. 1227; Ord. No. 1343; Ord. No. 1467]
A. 
In District 1A, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered or maintained which is arranged, intended or designed to be used except for the uses specified in § 16-8A as expressly modified by this section.
B. 
Subject to § 16-39 of this chapter, no dwelling shall be erected, altered or maintained on any lot in District 1A which lot does not have at least 50 feet of width and does not contain at least 6,000 square feet of area for each single-family dwelling located thereon, or which dwelling occupies more than 30% of the area of the lot. The lot shall abut on a public or private road. No building accessory to a dwelling, including garages, shall occupy more than 10% of the area of the lot. The combined area of the dwelling and all accessory buildings, including garages and any satellite earth station shall not exceed 40% of the area of the lot, but in no event shall any garage be designed for more than one motor vehicle for each 2,400 feet of lot area.
C. 
Notwithstanding the provisions of Subsection B above, no lot shall be reduced from its size existing on the effective date of this chapter.
D. 
The provisions of § 16-8C and D shall also be applicable to District 1A.
[Amended by Ord. No. 1343; Ord. No. 1724]
A. 
In District 2, except as in this chapter otherwise provided, no building or premises shall be used and not building or structure shall be erected, altered, or maintained which is arranged, intended or designed to be used except for the uses specified in § 16-8A as expressly modified by the section.
B. 
Dwellings; corner and interior lots.
(1) 
Subject to § 16-39 of this chapter, no dwelling shall be erected, altered or maintained on any lot south of East and West Montclaire Avenue in District 2 which does not have at least 40 feet of street frontage and does not contain at least 4,800 square feet of lot area for each single-family dwelling located thereon, or which dwelling occupies more than 30% of the area of the lot, and no dwelling shall be erected or altered on any lot in District 2 north of East and West Montclaire Avenue which does not have 50 feet or more of street frontage. No dwelling (excluding any garage or any portion of such dwelling designed for or capable of being used for garage purposes) shall have a volume less the 17,500 cubic feet. No building accessory to a dwelling, including garages, shall occupy more than 10% of the area of the lot. The combined area of the dwelling and all accessory buildings, including garages and any satellite earth station, shall not exceed 40% of the area of the lot, but in no event shall any garage be designed for more than one motor vehicle for each 2,400 feet of lot area.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(2) 
No corner lot or interior lot shall be created, formed or assembled from another lot, platted lot or parts of platted lots to make a building site after February 19, 1962, unless the building site so created and the building site remaining after the creation of such a lot each comply with the following requirements:
(a) 
Shall have a minimum width of 40 feet if located south of East and West Montclaire Avenue.
(b) 
Shall have a minimum width of 50 feet if located north of East and West Montclaire Avenue.
(c) 
Shall have a minimum depth of 120 feet.
(3) 
The requirements of § 16-10B(2) shall not prevent the use of any building site existing on February 19, 1962, pursuant to the requirements of § 16-10B(1) and does not thereby make such building sites nonconforming after said date.
C. 
The provisions of § 16-8C shall also be applicable to District 2.
[Amended by Ord. No. 1343; Ord. No. 1722; Ord. No. 1723; Ord. No. 1724]
A. 
In District 3, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered or maintained which is arranged, intended or designed to be used except for one or more of the following uses:
(1) 
Uses permitted in District 2, subject to all restrictions contained in § 16-10.
(2) 
Duplexes. Not more than one duplex, double house or single-family dwelling shall be located on any lot.
(3) 
Double houses. Not more than one double house, duplex or single-family dwelling shall be located on any lot.
(4) 
Uses and buildings accessory to those enumerated in Subsection A(2) and (3) of this section, including private garages designed for not more than one motor vehicle for each 2,400 square feet of lot area, but not including any store, trade, professional office, business or industry. However, not exceeding one person may, in a dwelling used as his residence:
(a) 
Furnish room or table board to not exceeding two persons.
(b) 
Carry on a customary home occupation provided no persons other than members of his own household are employed therein. (Cannot stock materials and cannot create parking problems.)
(c) 
Improved space is not allowed in accessory buildings or structures, except that one area of up to 220 square feet of improved space on the ground floor of any garage is allowed, provided at least 440 square feet of garage space in the garage is maintained for vehicle parking. In no event may accessory buildings or structures be used for sleeping.
B. 
No duplex or double house shall be erected, altered or maintained which does not contain at least 7,200 square feet of lot area or which dwelling occupies more than 30% of the area of the lot. No building accessory to a duplex or double house, including garages, shall occupy more than 10% of the area of the lot. The combined area of the duplex or double house and all accessory buildings, including garages and any satellite earth station, shall not exceed 40% of the area of the lot.
C. 
Duplexes and double houses shall have two side yards, each at least five feet in width, and the aggregate width of both side yards shall be at least 20 feet; the height of any duplex or double house shall not exceed 30 feet. Duplexes and double houses shall have a rear yard at least 10 feet in depth. No building which is accessory to a dwelling shall be over 18 feet in height.
[Amended by Ord. No. 1574; Ord. No. 1724; Ord. No. 1814]
A. 
In District 4, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered or maintained which is arranged, intended or designed to be used except for:
(1) 
Churches, including accessory rectories, auditoriums and convents.
(2) 
Public buildings and grounds.
(3) 
Private, public and parochial schools including accessory buildings, playgrounds, athletic fields, stadiums, gymnasiums and fieldhouses, provided that such schools have a full time academic curriculum as required by state statutes.
(4) 
Sewerage and water pumping stations and water storage tanks.
(5) 
Parking of passenger automobiles, motorcycles and bicycles which shall be subject to § 16-17 of this chapter.
(6) 
Uses and buildings accessory to those enumerated in Subsection A(1) through (5) of this section, including single-family dwellings and private garages for the sole use of the owner and his or its officers, members of their families and employees, but not including any duplex or double house, store, trade, business or industry.
B. 
Building regulations. Single-family dwellings and private garages shall be subject to all regulations imposed by § 16-10B and C; all other buildings shall be subject to the regulations imposed for duplexes and double houses by § 16-11B and C and shall not exceed 60 feet in height, except in the case of a church spire, belfry, clock tower, wireless tower, chimney flue or elevator bulkhead.
C. 
Provisions for off-street parking. Secondary schools and colleges-universities shall provide off-street parking in accordance with the requirements of § 16-17 as follows:
(1) 
Secondary schools (high schools) shall make provisions for one automobile parking stall for every five students of designed capacity and shall make available for use one automobile parking stall for every five students in average daily attendance for the school year.
(2) 
Colleges-universities shall make provisions for one automobile parking stall for every two students of designed capacity and shall make available for use one automobile parking stall for every two students in average daily attendance for the school year.
(3) 
A change in the status of use, i.e., secondary school to college-university, shall not be permitted unless the prescribed parking accommodations are provided.
In District 4A, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered or maintained which is arranged, intended or designed to be used except for:
A. 
Clubs or lodges provided that such clubs or lodges are registered with the State of Wisconsin as nonprofit organizations.
B. 
Parking of passenger automobiles, motorcycles and bicycles which shall be subject to § 16-17 of this chapter.
[Amended by Ord. No. 1611; Ord. No. 1702; Ord. No. 1744]
A. 
In District 5, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered, or maintained which is arranged, intended or designed to be used except for:
(1) 
Uses permitted in District 2, subject to the restrictions contained in § 16-10, excepting, however, the provisions of § 16-8C(2).
(2) 
Uses permitted in District 3, subject to the restrictions contained in § 16-11.
(3) 
Uses permitted in District 4, subject to the restrictions contained in § 16-12.
(4) 
Uses permitted in District 6, subject to the restrictions contained in § 16-16 with regard to the establishment of conditional uses, and subject further to the limitation that no such conditional use in District 5 may exceed 2,500 square feet in total floor area.
(5) 
Requirements for apartment buildings.
(a) 
Frontage.
[1] 
A minimum frontage of 80 feet for a site to be used for an apartment building having more than four apartments.
[2] 
A minimum frontage of 60 feet for a site to be used for an apartment building having four apartments or less.
[3] 
A minimum frontage of 40 feet for a site to be used for a duplex.
[4] 
Exception. Where a parcel of land is zoned in District 5 and is abutted by lands so improved that it is impossible or uneconomical to acquire additional frontage to meet the requirements of Subsection A(5)(a)[1], [2] and [3] hereof, then upon appeal the Board of Appeals, after hearing and satisfactory proof submitted, may grant a variance from the frontage requirements of Subsection A(5)(a)[1] and [2].
(b) 
Setbacks. Apartment buildings shall have two side yards, each at least 7 1/2 feet in width and a rear yard at least 25 feet in length, except when the rear yard is adjacent to an alley, in which case, said rear yard shall not be less than 10 feet.
(c) 
Height. Said apartment buildings shall not exceed 35 feet in height.
(d) 
Lot area. Said apartment buildings shall occupy a lot area of not less than 850 square feet per apartment.
(e) 
Inside area. Each apartment shall have a minimum inside area of 650 square feet.
(f) 
Accessory building. No accessory building to said apartment building shall be designed or used for store, trade, business or industrial purposes.
(6) 
Passenger automobile parking lots for parking of passenger automobiles, motorcycles and bicycles, which shall be subject to § 16-17 of this chapter.
B. 
Parking.
(1) 
Not less than 1 1/2 automobile parking spaces shall be provided in a detached building, parking area or basement garage for each family occupying said building, plus one space per 10 units for guest parking. Such parking shall either be on-site or in reasonable proximity as determined by the Plan Commission.
(2) 
A detached building, parking area or any combination thereof shall occupy not to exceed 50% of the actual rear yard area and shall have side and rear setbacks of not less than three feet except where the detached building is adjacent to an alley, in which case the rear setback shall be not less than five feet. Such detached building shall not exceed 12 feet in height.
(3) 
The Board of Appeals may grant special exceptions from the requirements of this subsection pursuant to § 16-51C.
[Amended by Ord. No. 1189; Ord. No. 1424; Ord. No. 1703]
A. 
In District 6, except as in this chapter otherwise provided, no building premises shall be used and no building or structure shall be erected, altered or maintained which is arranged, intended or designed to be used except for:
(1) 
Uses permitted in District 2, subject to the restrictions contained in § 16-10 and in Subsection B(3) of this section, excepting, however, the provisions of § 16-8C(2).
(2) 
Uses permitted in District 3, subject to the restrictions provided in § 16-11 and in Subsection B(5) of this section.
(3) 
Uses permitted in District 4, subject to the restrictions provided in § 16-12.
(4) 
Uses permitted in District 5, subject to all restrictions provided in Subsection B(1) and (4) of this section.
(5) 
Offices, other than those located at street level. For the purposes of this subsection, an office is defined as a room or series of rooms in which the affairs of a profession are carried out or in which the administrative or financial affairs of a business (without any retail or direct sales activity) of a business are carried out.
(6) 
Uses permitted as conditional uses pursuant to the provisions of § 16-16.
B. 
Building regulations in District 6.
(1) 
Apartment buildings and office buildings shall have two side yards, each at least 7 1/2 feet in width, and in addition to the above restriction, where there is an existing building on an adjacent lot, the minimum distance between said buildings shall be at least 10 feet. Rear yards shall be not less than 25 feet in depth, except where the rear yard is adjacent to an alley, in which case, said rear yard depth shall be not less than 15% of the lot depth. In case of corner lots, the rear yard depth shall be a minimum of 15 feet, except where the rear yard is adjacent to an alley, in which case, said rear yard shall not be less than 10 feet. Side and front setbacks for corner lots shall be at least equal to the established minimum side and front setbacks. Said apartment buildings and office buildings shall not exceed three stories or 35 feet in height. Apartment buildings shall occupy a lot area of not less than 850 square feet per apartment. Each apartment shall have a minimum inside area of 650 square feet.
(2) 
Business and mixed-use buildings. In District 6,business and mixed-use buildings shall be erected, altered and maintained according to the provisions of either Subsection B(2)(a) or (b) following:
[Amended 8-14-2017 by Ord. No. 1832]
(a) 
In District 6, business and mixed-use buildings located on interior lots may extend to the side lot line but shall maintain a minimum distance of six feet from an adjacent single-family dwelling and a minimum distance of 10 feet from an adjacent duplex or double house. However, the side setback of the second and third stories of such mixed-use building shall be a minimum of five feet, except where adjacent to a side street, in which case, all stories shall conform to the established minimum side setback. Business and mixed-use buildings shall not exceed three stories or 38 feet in height from the established street grade opposite such buildings.
(b) 
In District 6, business and mixed-use buildings located on interior lots may extend to the side lot line but shall maintain a minimum distance of six feet from an adjacent single-family dwelling and a minimum distance of 10 feet from an adjacent duplex or double house. The second and third stories of such mixed-use buildings may extend to the side lot line, provided: Every room in which one or more persons live, sleep, work or congregate except storage rooms and other rooms where the nature of the occupancy does not require direct light and air shall have a window area equal to 1/10 of the floor area of the room, shall open directly either upon a street or alley or upon a rear yard, side yard, outer court or inner court located upon the same lot, which court shall conform to the requirements hereinafter prescribed as to its minimum area and least dimensions as follows:
[1] 
No inner court shall be less than 14 feet in width nor less than 280 square feet in area for courts two stories or less in height.
[2] 
No inner lot line court shall be less than eight feet in width nor less than 100 square feet in area for courts two stories or less in height.
[3] 
No outer court shall be less than 10 feet wide for a court two stories or less in height and 30 feet or less in length, and for any additional length, the width of such court shall be increased at the rate of one foot in six feet.
[4] 
Where adjacent to a side street, all stories shall conform to the established minimum side setback.
[5] 
Business or mixed-use buildings shall not exceed three stories or 38 feet in height from the established street grade opposite such buildings.
(3) 
Rear setbacks; rear yards; percent of lot occupancy.
[Amended 8-14-2017 by Ord. No. 1832]
(a) 
A business building may extend to the rear lot line except where adjacent to an alley, in which case the rear setback shall be five feet.
(b) 
Any apartment story of a mixed-use building shall not occupy more than 50% of the area of an interior lot nor more than 60% of the area of a corner lot and shall have a lot area of not less than 1,000 square feet per apartment. Each apartment shall have a minimum inside area of 650 square feet.
(c) 
Apartments occupying the second and third floors of mixed-use buildings may be provided with a flat roof terrace in lieu of the required rear yards. Rear yard requirements for the apartment portion of mixed-use buildings shall be as provided in Subsection B(1). Such roof terrace shall be accessible at all times and provided with a substantial railing around the same.
(4) 
Parking.
(a) 
Not less than 1 1/2 automobile parking spaces shall be provided in a detached building, parking area or basement garage for each family occupying said building, plus one space per 10 units for guest parking. Such parking shall either be on-site or in reasonable proximity as determined by the Plan Commission.
(b) 
A detached building, parking area or any combination thereof shall occupy not to exceed 50% of the actual rear yard area, and shall have side and rear setbacks of not less than three feet except where the detached building is adjacent to an alley, in which case, the rear setback shall be not less than five feet. Such detached building shall not exceed 12 feet in height.
(5) 
Residences. A single-family dwelling shall not be erected closer than six feet to any adjacent building. A duplex or double house shall not be erected closer than 10 feet to any adjacent building.
C. 
Display of goods between setback lines prohibited. In District 6, it shall be unlawful to place or expose for sale any goods, merchandise or advertising matter anywhere between the setback lines on each side of the street.
D. 
Off-street parking required.
(1) 
Off-street on-site parking shall be required in District 6.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(2) 
The requirements of this section are applicable in the following instances:
(a) 
A building is being erected;
(b) 
A building is being remodeled or altered so that the outside dimensions are increased; or
(c) 
A building is being remodeled or altered internally, which results in an increase in the demand for parking.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(3) 
The criterion for determining parking requirements shall be based upon the anticipated uses in the new, remodeled or altered building. In the event of interior remodeling or alteration where the new use is not definitely known, the last previous use will be deemed to be the new use. In the event of a new building or exterior remodeling or alteration where the new use is not definitely known, the use will be presumed to be that with the greatest parking requirements.
(4) 
No property which is held in single ownership on August 7, 1978, may be later subdivided unless the resulting parcels, including those parcels with existing buildings, meet the requirements of Subsection D(1) of this section.
E. 
In addition to the other restrictions contained in this section, no property shall be used for any of the prohibited used described in Article IV, Prohibited Uses, of this chapter. None of the uses listed in Article IV shall be considered for a conditional use permit under § 16-16. The Village Board hereby expressly finds that such uses would be contrary to the public health, safety and welfare of the Village.
[Amended by Ord. No. 1424; Ord. No. 1659; Ord. No. 1666; 8-14-2017 by Ord. No. 1832; 8-5-2019 by Ord. No. 1853; 7-13-2020 by Ord. No. 1865]
A. 
Purpose and applicability. The development and execution of this chapter is based upon the division of the Village into zoning districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in any particular district or districts, provided that due consideration is given to their location, development, and operation. Such uses are classified as conditional uses and require a conditional use permit except as specified under Subsection N.
B. 
Initiation of conditional use permit. Any person, firm, corporation, or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest or an exclusive possessory interest, and that is specifically enforceable on the land for which a conditional use is sought, may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.
C. 
Application for conditional use permit. No application for a conditional use permit shall be placed on any agenda as an item to be acted upon unless the Village Manager or designee has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the Village Clerk with the complete application certified by the Village Manager or designee, including an easily reproducible electronic copy plus hard copies in a quantity directed by the Village Clerk. Said complete application shall be comprised of all of the following:
(1) 
A completed conditional use permit application on a form furnished by the Village Manager or designee.
(2) 
A scale map of the subject property showing all lands for which the conditional use permit is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(3) 
A written description of the proposed conditional use describing the type, duration, and density of activities, buildings, and structures proposed for the subject property and their general locations, plus such additional information as may be required for the particular land use under the Zoning Code.
(4) 
A site plan of the subject property, with any alterations as may be proposed to accommodate the conditional use. Said site plan shall conform to any applicable requirements of the Zoning Code and any additional requirements as may be specified for the particular land use under the Zoning Code. If the conditional use will make use of existing site improvements only, a site plan need only be of sufficient detail to confirm the portion of the site used by the conditional use.
(5) 
Written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the approval criteria set forth in this section and all applicable requirements of this chapter.
(6) 
Any other plans and information deemed necessary by the Village Manager or designee or the Plan Commission to ensure that the requirements of this chapter are or will be fulfilled.
(7) 
Any required fee per the fee schedule approved by the Village Board.
D. 
Village Manager or designee review and recommendation.
(1) 
The Village Manager or designee shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the Village Manager or designee shall be entitled to a public hearing. The Village Manager or designee shall inform the applicant if the application is incomplete in his or her determination.
(2) 
Once the Village Manager or designee determines that the application is complete, the Village Manager or designee shall authorize the public hearing and prepare a written evaluation of the application based on the criteria for evaluating conditional use permits in Subsection H below. The Village Manager or designee shall forward a copy of the evaluation to the Plan Commission.
E. 
Public hearing. The Village Clerk shall schedule a public hearing before the Plan Commission to be held within 45 days after acceptance of a complete application as determined by the Village Manager or designee. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 notice in conformance with the requirements of § 62.23(7)(d) and (de), Wis. Stats. The Village Clerk shall also send said notice to the applicant and owners of record of all lands within 100 feet of the boundaries of the subject property at least five days prior to the date of such public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.
F. 
Review and action by the Plan Commission. Within 60 days after the public hearing, or an extension of said period requested, in writing or electronic format, by the applicant and granted by the Commission, the Plan Commission shall take final action on the conditional use permit request. Prior to acting on a conditional use permit application, the Plan Commission may request further information or additional reports from the Village Manager or designee, the applicant, outside experts or any other source. The Commission may approve the conditional use as originally proposed, may approve the proposed conditional use with conditions or modifications, or may deny approval of the proposed conditional use and include reasons for denial. Any action to approve or amend the proposed conditional use permit requires a majority vote of Commission members in attendance.
G. 
Appeal to the Village Board. An appeal of a decision under Subsection F may be taken to the Village Board by any person, firm or corporation, or any officer, department, board, commission or agency of the Village, who is aggrieved by the decision. Such appeal shall be made, in writing, to the Village Manager or designee within 10 days after the date of the Commission's decision. In the case of an appeal:
(1) 
The Village Manager or designee shall issue no permits to enable commencement or continuation of building and other activities authorized by the conditional use permit and shall issue a stop-work order for any such activities already commenced.
(2) 
The Village Manager or designee shall immediately notify the applicant and property owner of the appeal, in writing, and shall schedule the appeal for Village Board consideration.
(3) 
The Village Board shall, by resolution, make a final decision to grant, with or without conditions, or to deny each application for a conditional use permit after receiving and reviewing the Commission's findings and making its own findings as to whether or not the proposed use will satisfy the criteria for approval set forth in Subsection H and shall have all of the powers of the Commission under this section. The Village Board's determination shall be final and subject to appeal to federal or state court under any procedure authorized by statute.
H. 
Review criteria for conditional use permit.
(1) 
If the applicant meets, or agrees to meet, all of the applicable requirements specified in this chapter and conditions imposed by the Plan Commission, the Commission shall, under § 62.23(7)(de)2.a, Wis. Stats., grant the conditional use permit. The Village may require written agreement from the applicant in a form prescribed by the Village Attorney.
(2) 
Any decision to grant or deny the conditional use permit must be supported by substantial evidence, as that term is defined in § 62.23(7)(de)1.b, Wis. Stats. Any condition or modification must be related to the purpose of this chapter, reasonable, measurable to the extent practicable, and based on substantial evidence.
(3) 
To the extent consistent with Subsection H(1) and (2), no conditional use permit shall be granted unless the Plan Commission finds that the use authorized thereby meets the following criteria:
(a) 
The proposed conditional use is consistent with the Comprehensive Plan, this chapter, and all other plans, programs, and ordinances adopted by the Village.
(b) 
The proposed conditional use, in its proposed location and as depicted on the required site plan, will not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or all other plans, programs, and ordinances adopted by the Village.
(c) 
The proposed conditional use will maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(d) 
The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities, or services provided by public agencies serving the subject property.
(e) 
The potential public benefits of the proposed conditional use outweigh potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.
I. 
Issuance, notice, and recording of conditional use permit or denial. Within 30 days following the granting of a conditional use permit, the Village Manager or designee shall issue to the applicant the approved conditional use permit. Said permit shall enumerate the details of the conditional use permit, including an identifiable description of the use and subject property and any specific conditions or requirements of approval. The Village Manager or designee may record the conditional use permit against the property, assigning all costs thereof to the applicant, and shall make record of the conditional use permit on the Official Zoning Map. In the case of a denial of a conditional use permit, the Village Manager or designee shall provide written notification to the applicant that the conditional use permit was denied, including the reasons for denial.
J. 
Effect of denial. No conditional use permit application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors relative to the review criteria in Subsection H that are found valid by the Village Manager or designee.
K. 
Penalties, revocation, or modification of an approved conditional use permit.
(1) 
Any violation of an approved conditional use permit shall be subject to § 17-18, as well as equitable relief in circuit court.
(2) 
A conditional use permit shall be automatically revoked if:
(a) 
All buildings and other improvements authorized by the conditional use permit have not been developed, and the conditional use has not commenced operation, within two years of final site plan approval, unless the Commission has extended this period by request of the applicant based on reasons beyond the reasonable control of the applicant.
(b) 
Once initially made operational, the operation of the conditional use has been discontinued for a period exceeding one year. The burden of proof shall be with the conditional use permit holder or operator to conclusively demonstrate that the conditional use was operational during this period.
(3) 
A conditional use permit may be revoked or modified by the Plan Commission where the Commission determines that the use, its operation, or associated improvements are not in compliance with the terms of this chapter, including one or more criteria in Subsection H, or the approved conditional use permit, including any associated plan or approval condition. The Commission may commence proceedings to consider revocation or modification, with such proceedings following the process in Subsections E and F. An appeal of any such decision shall be allowed per Subsection G.
L. 
Duration and transfer. The Commission may approve a conditional use permit with a limitation on the permit's start date, duration, or transfer if such limitations(s) relate to the purpose of this chapter and the conditional use permit review criteria in Subsection H. Unless the Commission approved a conditional use permit with a transfer limitation, or the Zoning Code prescribes a transfer limitation for the particular conditional use, all requirements of the approved conditional use permit shall be continued regardless of ownership or operation of the subject property or use and shall run with the land, except as otherwise limited by this chapter or by a specific condition attached to the conditional use permit.
M. 
Amendments to approved conditional use. Any expansion of or amendment to a previously approved conditional use permit or grandfathered conditional use, including any change in an associated plan or approval condition found to be material by the Village Manager or designee, shall be processed in accordance with Subsections B through J, except where its initial approval allowed expansion or amendment by some other process.
N. 
Expansion or modification of conditional use. Any substantial expansion or modification of any conditional use or any previously approved condition of such use, in the determination of the Village Manager or designee, shall require application and Village consideration of a new or amended conditional use permit under this section.
[Amended by Ord. No. 1338]
A. 
Permitted uses. In District 7, except as in this chapter otherwise provided, no premises shall be used except for the parking of passenger automobiles, motorcycles and bicycles as follows:
(1) 
Between the hours of 6:00 a.m. and 12:00 midnight, passenger automobile, motorcycle or bicycle parking will be permitted on a passenger automobile parking lot, provided:
(a) 
The premises shall be graded and drainage shall be provided in an approved manner to prevent surface water flowing from the premises onto street walks or onto adjoining premises.
(b) 
Stalls and guards.
[1] 
The premises, exclusive of setbacks and side yards, shall be maintained with a dustless surface. Marked parking stalls shall be provided as follows:
Angle Layout
Aisle
Minimum Stall Width
Parallel to
(feet)
90°
9
75°
9.25
60°
10.00
45°
12.50
[2] 
Approved guards shall be installed, and maintained at the front center of each stall adjacent to a setback, so that the extension of any part of a parked vehicle into the required setback or side yard shall not exceed 2.5 feet.
(c) 
Setbacks shall be provided on each premises used for the parking of motor vehicles and shall be five feet in Districts 4, 4A, 5, 6, 7 and 8. However, if any other lot in the same block as the automobile parking lot is zoned in District 1, 1A or 2, then the setback shall be 10 feet. Provided further, that where the adjoining premises is zoned in Districts 1, 1A or 2, side yards shall be not less than three feet. Setbacks and side yards shall be measured as the distance from the property line to the parking area for the purpose of this section only.
(d) 
The premises shall be screened from any public street upon which it abuts or from adjoining residential property, except for openings for access or egress: (1) by a wall, opaque fence, or chain wire fence located in compliance with setback requirements and adequately screened by a substantial growth of shrubbery; or (2) by a substantial growth of shrubbery; not to exceed three feet in height, in either case within 10 feet of entrances and exits.
(e) 
The premises shall be provided the smallest number of entrances and exits consistent with efficient and safe traffic movement, the width, number and location of which shall be approved by the Village Manager.
(f) 
All setback areas and side yards not devoted to shrubbery screening shall be adequately sodded and maintained as lawn.
(2) 
At any time between the hours of 12:00 midnight and 7:00 a.m., passenger automobile, motorcycle or bicycle parking will be permitted on a passenger automobile parking lot, provided:
(a) 
A license therefor has been obtained in the manner provided in Chapter 15, Licenses and Permits, Article VI, Passenger Automobile Parking Lots, of the Village Code, and said lot is in compliance with the requirements thereof;
(b) 
Said lot also complies with Subsection A(1)(a), (b), (c), (d), (e) and (f) of this section;
(c) 
Where illumination from streetlights located adjacent to a parking premises is approved, no additional illumination of the premises will be required. Where such illumination is not available, approved illumination of such premises (parking lots) shall be provided and maintained and installed in a manner so as to preclude the reflection or glare onto adjoining premises used for residential purposes, on all lots where more than 10 cars are regularly parked.
A. 
Definition. The special use district shall be a zoning district within which may be located lands, the use of which prior to transfer to such district did not conform to the then-existing Zoning Ordinance, providing:
(1) 
The conditions prescribed in Subsection B hereof exist.
(2) 
The owner has made written request for transfer to such district.
(3) 
The use complies with the requirements prescribed in Subsections C and F hereof, and such further requirements as may be imposed pursuant thereto.
(4) 
The owner has consented in writing to such requirements prior to such zoning.
B. 
Qualification. No real property shall be zoned within District 8 until and unless the Village Board shall have, prior thereto, by resolution determined that:
(1) 
The nonconforming use is not objectionable.
(2) 
The nonconforming use is compatible with the surroundings.
(3) 
An immediate improvement in such premises is proposed.
[Amended 8-14-2017 by Ord. No. 1832]
(4) 
The proposed improvement, when incorporated with the existing improvement, will have a use similar to the land use when it became nonconforming, or conforming to requirements for nonconforming uses or more nearly in conformance with the then-existing zoning.
(5) 
Such improvement will be neither objectionable nor incompatible with the surroundings but will enhance and benefit the area and the Village.
C. 
Conditions to zoning. Real property which complies with Subsection B hereof may be zoned in District 8 only if, as a condition of such zoning, the use will comply with such requirements as may be imposed in respect to:
(1) 
Setback, providing that such setback shall be not less than the building line setback as it existed at the time of transfer to the special zoning district nor more than the setback as fixed by the official setback map.
(2) 
Off-street parking, providing that the requirements shall in no instance be less restrictive than prescribed in § 16-18 of the Code of the Village of Whitefish Bay and may include further special requirements deemed necessary or desirable by reason of the characteristics and proximity of the uses in adjacent zoning districts.
(3) 
Signs, providing that the requirements shall in no instance be less restrictive than prescribed in Article VII, Signs, of this chapter and of the Code of the Village of Whitefish Bay and may include further special requirements deemed necessary or desirable by reason of the characteristics and proximity of the uses in the adjacent and abutting zoning districts.
(4) 
Hours of operation, providing that the requirements shall in no instance be less restrictive than prescribed in § 8-8 of the Municipal Code and may include further special requirements deemed necessary or desirable by reason of the characteristics and proximity of the uses in the adjacent and abutting zoning districts.
[Amended 8-14-2017 by Ord. No. 1832]
(5) 
Landscaping, including the design and maintenance thereof.
(6) 
Design of improvement and particularly the proportions, color, texture, material and other aesthetic considerations relating thereto.
(7) 
Relationship to traffic flow, including the manner in which vehicular movement to and from the facility joins, separates from and reconnects to the traffic flow in adjacent streets, and such requirements, conditions and regulations as may be imposed by covenant, deed restriction, declaration of restriction, contract, lease or option.
D. 
Prohibitions on use. It shall be unlawful and prohibited in respect to any lands zoned in District 8 to provide, allow or permit:
(1) 
Regularly scheduled entertainment, providing that this shall not prohibit addresses by speakers or entertainment for a private gathering arranged by the participants in the gathering.
(2) 
Dancing by patrons.
[Amended 8-14-2017 by Ord. No. 1832]
(3) 
Sale of merchandise other than food products and beverages for consumption on the premises, providing, however, that food products regularly prepared for service to patrons for consumption upon the premises may be sold and delivered upon the premises to patrons for removal from the premises and consumption within the abode of the patron.
(4) 
Warehousing of goods, except that such prohibition is not to relate to the storage of supplies, stationery, and generally, goods used for display and convenience.
(5) 
Shows, exhibits, displays, conventions or other activities which result in the participation of an unusually large number of persons.
(6) 
Any of the uses prohibited in Article IV, Prohibited Uses, of this chapter of the Code of the Village of Whitefish Bay.
E. 
Limitations on use. The use of any premises situated in District 8 shall not be significantly changed without the prior approval of the Village Board, nor shall any improvements upon land be enlarged or materially altered without the prior approval of the Village Board.
F. 
Amortization of use. Notwithstanding any other provision herein, the Village Board, as a further condition of zoning in District 8, may require an option for sale of the premises or enter into a contract for purchase and sale of the premises or may enter into such arrangement as appears reasonable and feasible to accomplish the elimination of that use which resulted in the premises being nonconforming prior to transfer to District 8 hereunder.
A. 
Purpose. The purpose of the Planned Development District is to encourage and provide a means for effectuating desirable development, redevelopment, rehabilitation and conservation in the Village of Whitefish Bay by allowing for greater flexibility, better utilization of topographical and natural site characteristics, more economical and stable development and variations in siting, land use and types of dwellings and commercial buildings, thereby promoting the public health, safety, welfare and morals.
B. 
Standards and requirements.
(1) 
Uses permitted. All uses which are permitted in Chapter 16 of the Village Code are permitted in the Planned Development District subject to the conditions, standards, requirements and procedures imposed under § 16-19 of the Zoning Code.
(2) 
Area. The minimum area for application of the Planned Development District shall be 50,000 square feet, except:
(a) 
When undertaken in extension of an adjoining planned development area in which case there shall be no minimum area requirement;
(b) 
When the extension of a planned development area extends across a public street or alley, the minimum area across the public street or alley shall be 25,000 square feet; or
(c) 
When undertaken in an area adjacent to an area zoned for public buildings and grounds or planned development, the minimum area shall be 25,000 square feet and the area may be separated by a public street or alley.
[Amended 9-8-2020 by Ord. No. 1871]
(3) 
Standards. Standards for land area per dwelling unit, land coverage by building, density, front, side and rear yard setback requirements, building height requirements, parking requirements, aesthetic consideration and other requirements deemed necessary shall be established by the Village Plan Commission and the Village Board when these bodies find that such standards encourage a desirable environment and promote the intended purpose of the district. A PDD submittal shall include the following:
[Amended 10-21-2019 by Ord. No. 1856]
(a) 
A statement which sets forth the relationship of the proposed PDD to the Village's adopted comprehensive plan or any adopted component thereof and the general character of and the uses to be included in the proposed planned development district, including the following information:
[1] 
Total area to be included in the PDD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
[2] 
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features. A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.
[3] 
Any proposed departures from the standards of development as set forth in the Village zoning regulations, land division ordinance, sign ordinance, other Village regulations or administrative rules or other universal guidelines.
[4] 
The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.
(b) 
A general development plan that shall contain such information as the Village Plan Commission and the Village Board shall deem necessary, and shall include the following:
[1] 
A plat of survey of the development area by a registered land surveyor, with a recordable legal description all of the boundaries of lands included in the proposed PDD, including all existing utilities and recorded easements. Plat of survey shall conform to Chapter 236 of the Wisconsin Statutes.
[2] 
A plot plan, to scale showing location of all existing structures or features to be removed or retained, all structures or features to be constructed, and all other uses of land, and with sufficient detail to determine the extent of each use of said structures, features, or land.
[3] 
A plan showing existing uses and development within 300 feet of the boundaries of the proposed plan development, including, but not limited to anticipated uses of adjoining lands with regards to roads, adjacent/across-the-street driveway openings from the PDD, surface water drainage, and compatibility with existing adjacent land uses.
[4] 
A plan showing:
[a] 
The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities; The existing and proposed location of all private utilities or other easements.
[b] 
The existing and proposed location of public and private roads, driveways and parking facilities.
[c] 
The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.
[5] 
A topographic map with a contour interval of not less than two feet, and sufficient spot elevations to determine the nature of the grade in the proposed development.
[6] 
Architectural plans, elevations and perspective drawings and sketches illustrating the exterior design, interior layout, and character of proposed structures. Interior plans in sufficient detail such that the use of each floor can be determined, and the bulk of the building and aesthetic nature of the building may be determined.
[7] 
A landscape plan sufficient in detail to indicate the nature of all landscaping to be done in the proposed development including fences, signs, lighting, plantings, screening for off-street parking spaces and other features relating to the development of the open space. The landscape plan should include characteristics of soils related to contemplated specific uses.
[8] 
A statement of the various stages, if more than one is intended, by which the development is proposed to be constructed or undertaken and the time limit of the completion of each stage, together with a description of the real property to be included in each stage. If more than one stage is proposed, a plot plan shall be furnished, showing the physical location of each stage.
[9] 
A statement of the proposed changes, if any, in locations or levels of streets or alleys and any proposed street or alley closings or vacations.
[10] 
The location and type (materials) of drives, driveway entrances, walks, parking areas, loading areas, refuse collection areas and screening therefor.
C. 
Procedures.
(1) 
Pre-petition conference. Prior to official submittal of a petition for consideration of a Planned Development District, the petitioner (owner, agent or proponent) shall meet with the Village Plan Commission and its technical advisory staff, as may be provided by the Village Board, for a preliminary discussion as to the scope and nature of the proposed development and to consider alternate solutions to the development of a given area. Failure to secure preliminary approval of the Plan Commission in the pre-petition conference shall preclude further consideration of the proposed development.
(2) 
Petition.
(a) 
Upon securing preliminary approval from the Village Plan Commission and its technical advisory staff, the petitioner shall submit to the Village Board the preliminarily approved proposal, requesting a change in zoning to that of Planned Development District. Such petition for approval of a plan and for a change of zoning shall be processed in accordance with the procedures set forth in § 62.23(7)(d), Wis. Stats. A fee of $100 shall accompany the petition; fee shall be payable to and will be retained by the Village of Whitefish Bay.
(b) 
Petitioner shall submit evidence satisfactory to the Village Board that he is or has the power to be the owner of all lands in the proposed planned development upon compliance with prescribed conditions at a date set by the Village Board.
(3) 
Referral. Prior to making a final determination, the proposed development plan shall be referred by the Village Board to the Village Plan Commission, which body in turn shall refer the proposed plan to the Architectural Review Commission for consideration, advice and recommendation. Unless extended by the Village Board, the recommendation of the Village Plan Commission shall be made to the Village Board within 60 days of such referral to the Building Board.
(4) 
Findings and action required.
(a) 
The Village Plan Commission may recommend rezoning of an area into the Planned Development District. The Village Board, after receiving the recommendations of the Village Plan Commission and the Architectural Review Commission, and after public hearing, held after public notice as provided by Wisconsin Statutes and in addition thereto, notification to all property owners within 500 feet in all directions from the boundaries of the proposed development project, may by ordinance rezone the area to a Planned Development District, provided that the information submitted with the application and presented at the hearings establishes that:
[1] 
The development as proposed will create an environment of sustained desirability and stability, and will not be detrimental to the present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
[2] 
The development plan is in accord with the intent and purpose of this chapter;
[3] 
The area to be developed complies with the area requirements of Subsection B(2) of this chapter and that the area will be developed in an efficient and economically satisfactory manner and will contribute substantially to the improvement of the area in which the development is to be located.
[4] 
The various stages, if any, by which the development is proposed to be constructed or undertaken as stated in the development plan, are practical and in the public interest;
[5] 
Public facilities and utilities, existing or proposed adequate to meet the requirements imposed by the proposed planned development project, either in conjunction with the plan or separately, are or will be completed by the time the related stage of the development plan is completed;
[6] 
The proposed changes, if any, to the Village map with regard to street and alley locations, levels, closing, or vacations are necessary, desirable, and in the public interest;
[7] 
Exceptions from standard Zoning Code requirements are warranted by the design and amenities incorporated in the development plan;
[8] 
The area surrounding said development must have been considered in the planning and its existing uses and probable future use shall be substantially compatible with the proposed development;
[9] 
When the development is an extension to an existing planned development, said development is compatible with or complimentary in appearance and use to the existing planned development.
(b) 
In taking action, the Village Plan Commission may recommend a denial of the development plan and development schedule as submitted, or may recommend approval of said plan and schedule subject to specified amendments.
(c) 
At the time of adopting any ordinance establishing a Planned Development District, the Village Board shall make appropriate arrangements with the petitioner, through contract or a performance bond which will insure the accomplishment and completion at scheduled times of the development plan in accordance with approvals given.
(d) 
Any change in the development plan made after adoption of the chapter placing an area in the Planned Development District shall be considered a change in zoning. The owner shall record with the Register of Deeds of Milwaukee County a covenant running with the land restricting the use and development of the area within the boundaries of the development plan to that approved by the Village Board.
(e) 
If no development has occurred to effectuate a planned development within the time limit established by the Village Board, the Village Plan Commission shall review the action and determine whether or not the continuation of a given planned development is in the public interest. Upon its determination, it shall make recommendations to the Village Board in accordance therewith.
(f) 
Upon receipt of the recommendation of the Village Plan Commission and in the event no development has occurred to effectuate a planned development within the time limit established, the Village Board shall determine what action shall be taken, including whether or not the area shall be rezoned to its former classification.
(g) 
Upon completion of a planned development area, no changes shall be made without approval of the Plan Commission and the Village Board. (Changes in a completed planned development area shall be considered the same as a change in zoning and shall be made in accordance with the provisions of law.)
[Amended by Ord. No. 1688; Ord. No. 1691; Ord. No. 1692; Ord. No. 1694; Ord. No. 1699; Ord. No. 1699; Ord. No. 1724; Ord. No. 1729; Ord. No. 1753; 8-14-2017 by Ord. No. 1832]
A. 
District intent. The intent and purpose of the Silver Spring Drive Business District is to provide land for retail, office and mixed-use residential developments and provide employment and purchasing opportunities. In addition, the district is intended to offer a vibrant gathering place for Village residents and visitors. The Silver Spring Drive Master Plan Update, adopted by the Village Board in April 2016, shall serve as a guide for this unique business zoning district; and, development or redevelopment within this district should conform to the intent of the Master Plan. The desired character of this district includes buildings close to and oriented towards the sidewalk. Development is intended to be pedestrian-oriented, multi-modal, and sustainable. The district allows a full range of retail, service, business and mixed use-residential uses with a local, community and regional market area.
B. 
District boundary. The Silver Spring Drive Business District shall be incorporated into the Zoning Map of the Village of Whitefish Bay.
C. 
Permitted, conditional, and prohibited uses. As a primarily pedestrian-oriented and bike-friendly business district, retail uses in District 11 are highly encouraged and permitted in first-floor spaces. Service-oriented uses are also permitted in first-floor spaces, but may not be the highest and best use of the space. Professional office uses are conditional uses in first-floor spaces and permitted uses in spaces on the second floor or above. Solely residential buildings are not permitted along Silver Spring Drive in District 11. A building along Silver Spring Drive may have first-floor retail or service-oriented uses with residential on the floors above.
(1) 
Permitted uses. The following uses are permitted on any floor of a building in District 11:
(a) 
Retail uses.
[1] 
Art galleries.
[2] 
Art supply.
[3] 
Clothing stores.
[4] 
Florists.
[5] 
Gift stores.
[6] 
Home furnishings stores.
[7] 
Jewelry stores.
[8] 
Luggage and leather goods stores.
[9] 
Paint and wallpaper stores.
[10] 
Shoe stores.
[11] 
Specialty retail.
[12] 
Sporting goods and hobby stores.
[13] 
Stationery stores.
(b) 
Service-oriented uses.
[1] 
Camera computer and wireless service stores.
[2] 
Footwear and leather goods repair.
[3] 
Interior design services.
[4] 
Photography studios and services.
[5] 
Travel arrangement and reservation services.
(2) 
Permitted uses in second-floor spaces and above. The following uses are permitted in second-floor spaces and above along Silver Spring Drive in District 11:
(a) 
Professional office uses. These uses can include, but are not limited to, lawyers, accountants, real estate agents and brokers, medical practitioners, and dentists. For the purposes of this subsection, an "office" is defined as a room or series of rooms in which the affairs of a profession are carried out, or in which the administrative or financial affairs of a business (without any retail or direct sales activity) of a business are carried out.
(b) 
Residential: apartment style or town homes.
(3) 
Conditional uses. The following uses require a conditional use permit on any floor of a building in District 11 pursuant to § 16-21D:
(a) 
Arts, entertainment, and recreational uses.
(b) 
Bakeries and food production facilities that engage in retail sales and/or commercial operations.
(c) 
Barber shops.
(d) 
Bars.
(e) 
Beauty salons.
(f) 
Brewpubs.
(g) 
Cafes.
(h) 
Coffee shops.
(i) 
Financial institutions.
(j) 
Fitness and recreational sports centers.
(k) 
Performing arts companies including public performance spaces.
(l) 
Pet grooming establishments
[Added 2-19-2024 by Ord. No. 1908[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection C(3)(l) through (s) as Subsection B(3)(m) through (t), respectively.
(m) 
Restaurants.
(n) 
Specialty food stores.
(o) 
Supermarkets and full service grocery stores.
(p) 
Taverns.
(q) 
Wine bars.
(r) 
Any commercial, retail, or dining establishment that sells or serves alcohol.
(s) 
Motor vehicle sales or service.
(t) 
All other uses not defined within Subsection C(1), Permitted uses, Subsection C(2), Permitted uses in second-floor spaces and above, Subsection C(4), Conditional uses in first-floor spaces, and Subsection C(5), Prohibited uses, of this § 16-21.
(4) 
Conditional uses in first-floor spaces. The following use requires a conditional use permit in first-floor spaces in District 11 pursuant to § 16-21D:
(a) 
Professional office uses. These uses can include, but are not limited to, lawyers, accountants, real estate agents and brokers, medical practitioners, and dentists. For the purposes of this subsection, an office is defined as a room or series of rooms in which the affairs of a profession are carried out, or in which the administrative or financial affairs of a business (without any retail or direct sales activity) of a business are carried out.
(5) 
Prohibited uses. The following uses are prohibited on any floor of a building in District 11:
(a) 
Adult-oriented business including but not limited to adult bookstores, movie theatres, video arcades, paraphernalia dealers, and Internet providers.
(b) 
Boardinghouses or other places of accommodation that charge on more than a nightly basis and do not provide an individual self-contained unit including a full bath with each sleeping room.
(c) 
Unattended coin-operated facilities of any kind.
(d) 
Convenience stores.
(e) 
Drive-through establishments which derive more than 1/2 of sales from drive-through operations.
(f) 
Gas station and auto or other equipment service businesses.
(g) 
Outdoor freestanding automated teller machines, vending machines or unattended dispensing machines of any kind that dispense cash, prepaid telephone cards or goods.
(h) 
Pawn shops.
(i) 
Sale of firearms, fireworks, or weapons of any kind.
(j) 
Short-term loan facilities that provide loans in exchange for collateral (other than collateral real estate or vehicles and equipment owned by and used in a business).
(k) 
Tattoo and piercing parlors.
(l) 
Establishments that charge a fee for cashing checks or exchanging currency or financial instruments (other than the exchange of foreign for domestic currencies, or the sale of travelers checks, or the assessment of fees and service charges by chartered banks, savings and loans and credit unions).
(m) 
The maintenance of vehicles, equipment, or other forms of personal property as collateral executed upon in satisfaction of any type of loan.
(n) 
All uses prohibited in the entire Village pursuant to the Zoning Code.
D. 
Conditional use and architecture and aesthetics approval process.
[Amended 8-5-2019 by Ord. No. 1853; 7-13-2020 by Ord. No. 1864]
(1) 
Conditional use permits shall be subject to the procedures set forth in § 16-16.
(2) 
Architecture and aesthetic design shall be subject to approval of the Community Development Authority (CDA) or Architectural Review Commission (ARC) if so regulated under any other provision of the Municipal Code.
E. 
Site and building design standards. The following standards apply to new construction or remodeling of sites or existing buildings and structures in District 11:
(1) 
Vehicular access.
(a) 
Intent. Like blank walls, vehicular curb cuts effectively "deaden" the street environment by increasing pedestrian exposure to moving vehicles, limiting opportunities for landscaping and trees, eliminating on-street parking spaces, and inhibiting uses that promote interaction.
(b) 
Standard. Public alleys shall be preserved and used to access service areas, loading docks and parking with consideration given to enhancements that promote a safe, multi-modal environment.
(c) 
Access to structured parking. There shall be no more than 24 feet of combined driveway width for every 60 feet of block length. Driveways shall be no wider than 24 feet as they cross the public walk. Garage doors, where used, shall be set back a minimum of four feet from the building's facade. Garage doors on alleys need not be set back from the building's facade. Entrances to parking shall not front on Silver Spring Drive.
(d) 
Access to surface lots and service areas: There shall be no more than 24 feet of driveway for every 120 feet of block length. Driveways shall be no wider than 24 feet as they cross the public walk.
(2) 
Build-to and setback lines.
(a) 
Intent. Enclosure of space by buildings is the underlying principle of all urban places. The urban quality and pedestrian experience of a street are reinforced by the definition of the public realm. Buildings at the street edge define the public realm.
(b) 
Standard. A percentage of the building facade must be located at the build-to line on each street. The remainder of the building facade may be set back farther. The build-to line applies to the facade from street level up to the maximum building height [Subsection E(4)]. Exemptions include building entries less than four feet deep and 16 feet wide and indentations and openings that do not exceed one foot in depth perpendicular to the facade.
(c) 
Corner lots may combine open frontage allowed on both streets to provide a public space that opens to one of the streets.
[1] 
The location of the build-to line on Silver Spring Drive is based on the minimum setback line as required by the Village of Whitefish Bay District 11 Setback Map. The build-to line is parallel to or equal to the minimum setback line. The build-to line can be no closer to the property line than the minimum set back line, and no greater than one foot behind the minimum set back line. The typical minimum setback on Silver Spring Drive is 10 feet, thus the build-to line could occur from 10 to 11 feet from the property line. See diagram below.
[2] 
The location of the build-to line on all public streets in District 11 other than Silver Spring Drive is based on the minimum setback line as required by the Village of Whitefish Bay District 11 Setback Map. The build-to line is parallel to the minimum setback line. The build-to line can be no closer to the property line than the minimum setback line, and no greater than five feet behind the minimum setback line. The minimum setback on public streets other than Silver Spring Drive varies. For example, if the Setback Map indicates a ten-foot minimum setback, the build-to line could occur from 10 to 15 feet from the property line. See Village of Whitefish Bay District 11 Setback Map below.
016 Corner Lots Front_Rear.tif
016 Corner Lots Front Setback_Side Setback.tif
[3] 
Silver Spring build-to-line. The facade of buildings fronting Silver Spring Drive must occupy a minimum of 90% of the build-to line. Exceptions to the build-to line may be considered for the creation of publicly accessible, pedestrian, landscaped spaces intended to be open to the public, not exceeding 1/3 of the building's lot frontage.
[4] 
Other build-to lines. The facade of buildings fronting public streets in District 11 other than Silver Spring Drive must occupy a minimum of 75% of the build-to line.
[5] 
Side setback on interior lots. Buildings are not required to be setback from interior lot lines except where the parcel abuts a residential district. If a lot containing a commercial or mixed-use building abuts a residential district, then the setback is 10 feet. Building scale should also take into consideration the proximity of adjacent residential buildings. Upper stories shall be set back a minimum of five feet unless all living and working spaces have at least one window (of at least 1/10 the room area) on the street, alley, rear yard or onto an inner or outer court on the same lot. For the purpose of providing light and ventilation in this case, courts shall meet the following requirements:
[a] 
No inner court shall be less than 14 feet in width or less than 280 square feet in area for courts two stories in height or less.
[b] 
No inner lot line court shall be less than eight feet in width or less than 100 square feet in area for courts two stories or less in height.
[c] 
No outer court shall be less than 10 feet wide and 30 feet in length for a court two stories or less in height, and for any additional length, the width of such court shall be increased at the rate of one foot in six feet.
[6] 
Distance between buildings. A minimum distance of 10 feet is required between any building and a single-family or two-family residential building. A minimum distance of 10 feet is required between any building and an apartment building of three or more residential units when residences are located on the ground floor.
[7] 
Rear and alley setback. A minimum distance of five feet is required between any building and the rear lot line or any alley, except where adjacent to a residential district, the setback is 10 feet.
(3) 
Alleys.
(a) 
Intent. In dense urban spaces, alleys have traditionally provided access to the rear of retail and residential uses to create service areas, loading docks, and parking. These uses have evolved to also include safe, well-lit, and well-designed multi-modal access points for drivers, bicyclists, and pedestrians. The alleys running parallel to Silver Spring Drive create a valuable "back door" to the adjacent retail and residential uses. These alleys are not intended to be alternate circulation routes for through traffic attempting to bypass local streets or Silver Spring Drive.
(b) 
Standard. The alleys running parallel to Silver Spring Drive will continue to be primary access points to service areas, loading docks, and parking in District 11. In addition, these spaces can be enhanced to provide safe, well-lit, and well-designed environments for drivers, bicyclists, and pedestrians. Enhancements can include different forms of paving, traffic-calming measures, lighting, and signage. When property owners make enhancements along the alleys, the same design consideration should be given to the new features as are given to building facade and storefront enhancements along Silver Spring Drive.
(4) 
Building composition: height.
(a) 
Intent. Building height is an integral part of reinforcing an urban space. The continuous extension of building heights brings continuity to the street. However, a site's highest and best use may call for a significant increase of floor area over and beyond historical development patterns. New development can address this apparent contradiction with a design approach that acknowledges continuity of context even as it meets the concerns of development economics.
(b) 
Standard.
[1] 
Buildings should be context sensitive, which will enhance distinctive skyline character and promote individual expression, but need not be built at the exact height as their neighbors.
[2] 
Building height, including parapets and roof surfaces, but not including roofscape features, mechanical equipment, elevator shafts, chimneys, vents and stacks, rainwater-harvesting structures, limited recreation or building amenities, and the like, shall not exceed 54 feet. When the side of a building is adjacent, in whole or in part, to other districts or streets or alleys that abut other districts, an outside wall over 42 feet in height, including parapets, mechanical equipment, minor roof surfaces, other minor structural elements, elevator shafts, chimneys, vents and stacks, and the like, but not including roofscape features limited recreation or building amenities, must be at least 10 feet behind the face of the outermost wall below it (averages may be used for irregular surfaces). In all cases, the height of mechanical equipment, elevator shafts, chimneys, vents and stacks, and the like, shall be minimized, screened in an aesthetically appropriate manner, and hidden from street view and adjacent buildings of equal or greater height as much as possible. All mechanical equipment, elevator shafts, chimneys, vents and stacks, and the like shall be fully screened from all vantage points, including the street and adjacent buildings of equal or greater height, in a manner compatible with the architectural style of the building. The screening shall not impair the functioning of the equipment. Individuals and parties undertaking construction or renovation projects may consider a more detailed roofscape plan that includes visually appealing elements that screen mechanical equipment while incorporating limited recreation or building amenities, including green roofs and rooftop gardens, patios, terraces, and decks.
016 Building Height.tif
016 Dist 11 Building Height.tif
(5) 
Building composition: base, middle and top.
(a) 
Intent. Adopting a base, middle and top compositional strategy not only ties the facade to a long tradition of architectural expression but also provides a flexible method of relating the building to the pedestrian, at its base, to the surrounding architecture (midsection expression), and to the opportunity for unique formal identity in the skyline.
016 Bldg Comp Base Mid and Top Dia.tif
Building Composition: Base, Middle and Top Diagram
(b) 
Standard. The building's street facade's shall express a base, middle and top composition strategy.
(c) 
Base. On Village streets where social and business activities are compressed, the base not only provides access, but also by its image conveys purpose, attracting, engaging, even inviting pedestrians to enter. This direct proximity to people requires that the base of the building be distinct and respond in a hospitable way supportive of human activities along the street. The building shall be articulated with a horizontal expression line establishing a base, a ground-level zone distinct from the facade above.
(d) 
Middle. The midsection of the facade envelopes the building's functions above its base and forms a frame of reference for its top. Visual richness depends upon skylight creating variations of light and shadow on the facade and changing over time. The midsection of the building shall form an expression line setting up the building's top and shall be articulated by surface variations of perceptible depth through windows, architectural elements, etc.
(e) 
Top. The top of the building, the portion that meets the sky, is traditionally a zone of varied if not exuberant architectural expression of form, ornament and/or intricacy. The midsection of the building shall be terminated in a way that punctuates the top zone and gives distinction to the whole building. Even modernist buildings shall in some architecturally consistent way respond to this architectural tenet.
(6) 
Building composition: roofscape.
(a) 
Intent. Green roofs and occupiable environments make up the two core components of roofscaping and can be integral spaces of single- and mixed-use buildings. Occupants of the buildings desire this amenity and occupants of surrounding buildings appreciate a more pleasing viewshed where the roofs of shorter buildings offer an engaging scene free from unsightly mechanical equipment, unkempt materials or property, and standard roofing materials. Roofscaping adds needed social spaces that drive increased economic value while simultaneously screening mechanical equipment in innovative ways.
(b) 
Standard. Building renovations and new construction shall incorporate the screening of mechanical equipment and roofscaping with the same consideration given to building facades, streetscape, and interior programming and layout. Building designs should include detailed roofscape plans that incorporate visually appealing elements that screen mechanical equipment. Consideration should be given to the incorporation of limited recreation or building amenities, including green roofs and rooftop gardens, patios, terraces, and decks. The screening of mechanical equipment shall not impair its functionality.
(7) 
Building composition: proportion.
(a) 
Intent. Proportion is the numeric ratio of two opposing dimensions of a form or space such as height/width. The use of proportion is intended to provide a sense of visual harmony among elements of a building. A well-proportioned building has component parts (windows, for example) that have the same proportion as the other parts (structural bays, panels, facades, zones, etc.). A pattern of components with a greater height than width creates a preferable vertical proportion consistent with taller building massing that is historically prevalent in the Village.
(b) 
Standard. The building's massing and resulting surfaces shall demonstrate consistent proportional harmonies (simple ratios), that shall be, by way of extension, used in the development of the facade's composition and details.
016 Bldg Comp Proportion Dia.tif
Building Composition: Proportion Diagram
(8) 
Entrance location.
(a) 
Intent. Every lot is located along one or more streets. Buildings in this traditional urban pattern have fronts and backs. The fronts face the street and allow for public access. The backs often occur along alleys that provide for service access.
(b) 
Standard.
[1] 
Entrances to ground-floor uses shall be along main street facades. Buildings on corners can have entry locations on both streets giving priority to Silver Spring Drive. Vehicular access drives are not permitted on Silver Spring Drive except by a finding of the Plan Commission that a that a particular vehicular access drive is desirable for efficient and safe use of the property it serves and the proposed vehicular driveway does not unreasonably hinder or adversely affect efficient and safe vehicular and pedestrian movement to and from adjacent properties.
[2] 
Rear public entries adjacent to public parking and other public areas shall be treated with the same degree of architectural quality and prominence as main entries.
(9) 
Transparency.
(a) 
Intent. Transparency at the street level enlivens the street environment, providing interest and activity along the sidewalk and at night providing a secondary, more intimate, source of lighting.
016 Silver Spring Drive Sill Height.tif
Standard applies to this zone, which is at least six feet in height.
Maximum sill height is two feet six inches on Silver Spring Drive (three feet on other streets).
(b) 
Standard. The required percentage of first-floor glazing must be clear glass that transmits at least 65% of visible daylight, at least six feet in height with sills not more than two feet six inches above the interior floor level on Silver Spring Drive (three feet on other streets). Structural elements of the glazing system (six inches or less in width) shall be counted toward requirements. When viewed from the public way through glazing, the interior space must be visible to a depth of 12 feet.
(c) 
Required glazing percentage as permitted by street type:
[1] 
Silver Spring Drive: at least 75% of building frontage except when substituted by display cases (which may comprise no more than 50% of the required glazing).
[2] 
Side streets (those other than Silver Spring Drive): at least 50% of building frontage except when substituted by glazing alternatives.
[3] 
Alleys: no transparency requirements.
[4] 
Ground-floor residential, if permitted: no transparency requirements.
(d) 
Glazing alternatives.
[1] 
Other first floor windows outside of required area that otherwise meet standards: counted at half rate.
[2] 
Display cases located within the required area.
[3] 
Architectural details within the required area such as surface relief, decorative brickwork, material patterning, distinctive elements, etc.
(10) 
Materials.
(a) 
Intent. Building materials are critical in establishing the character and cultural aesthetic of the public realm. Buildings require appropriate and respectful attention in the materials selected for facades.
(b) 
Standard.
[1] 
Ground-floor street facade treatments, aside from doors and windows, shall consist of at least 80% durable masonry.
[2] 
The following materials are discouraged and shall be limited to no more than 20% of street facades (including ground and upper floors):
[a] 
All concrete masonry units.
[b] 
Corrugated sheet metal.
[c] 
Exposed aggregate precast concrete.
[d] 
EIFS (Exterior Insulation and Finishing System).
[3] 
The following materials are prohibited on all street facades:
[a] 
Finished foam plastic.
[b] 
Particle board.
[c] 
Siding.
[d] 
Shingles.
(11) 
Landscape and screening.
(a) 
Intent. Most parking and service areas are intrusive and detract from the overall image of a building and street. Though necessary functions, they do little to contribute to the aesthetics and experience of passing by the building. Parking lot edge areas can be designed to provide both visual screening of parking functions, and stormwater management through the use of permeable surfacing and vegetated stormwater management measures.
(b) 
Standard. Landscaping shall be used to screen the perimeter of surface parking, structured parking (where other ground-floor activities are not present), and service areas where visible from the street. To the extent not otherwise prohibited due to Wisconsin Department of Natural Resources requirements or regulations, the following shall apply to surface parking service areas and structural parking: Existing surface parking lots must follow the standards when improvements exceed striping, patching, or sealing.
(c) 
Surface parking. Surface lots shall provide a continuous planted area integrated with a decorative masonry and/or metal garden wall (at least four feet in height), curbing or other sufficient edging to prevent soil and ground cover from spilling onto the sidewalk. Unless tree planting conflicts with the use of the landscaped area for stormwater management, trees shall be planted at a minimum of 25 feet on center with a minimum height of seven feet at time of planting. The crown of the trees and garden wall shall create a continuous street edge. Landscaping at eye level shall remain mostly transparent.
(d) 
Service areas. Landscaping shall be a minimum height of seven feet and completely obscure service areas (trash receptacles, mechanical equipment, and similar functions) from view from the public right-of-way. Landscaping can consist of plant material and/or decorative garden walls and fencing. Trash service areas shall come into compliance with the screening requirements within 27 months of adoption of this section.
(e) 
Structured parking. Provide either continuous base shrubs, curbing to prevent soil and ground cover from spilling onto the sidewalk and trees planted at a minimum of 15 feet on center with a minimum height of seven feet at time of planting, or follow transparency standard.
(12) 
Lighting.
(a) 
Intent. Well-placed lighting at appropriate levels on the building facade, in display windows, on signage, on the underside of overhead weather protection, on and around street furniture, in landscaped areas and off-street parking lots promotes a sense of security, visual interest and intimacy during nighttime hours.
(b) 
Standard.
[1] 
Architectural lighting attached to the building facade shall be configured to avoid glare by concealing or baffling the light source and reflecting the light off surfaces (or grazing surfaces) to emphasize form and texture. Lighting should not include flashing lights or flashing signage.
[2] 
The architectural lighting design strategy shall avoid dull uniform lighting configurations by incorporating multiple light sources that create visually interesting pools of light and point lighting that accent architectural features.
[3] 
Lighting of off-street parking areas must be accomplished with down-lighting (where the majority of the luminaries is shielded from view) no higher than 15 feet above grade.
[4] 
The maintained horizontal luminance within the district shall not exceed an average of 1.0 footcandle. Where adjacent to a residential district, the maximum illumination level is 0.5 footcandle at the property line.
[5] 
Horizontal luminance is defined as the measurement of brightness from a light source, measured in footcandles, which is taken through a light meter's sensor at a horizontal position.
[6] 
Applicant shall submit a lighting plan that indicates the location of all exterior lights, lighting specifications and associated lighting levels as applicable to the above standards.
[7] 
These standards do not address illumination levels or fixture heights that may be required by the Village of Whitefish Bay for adequate lighting of public street rights-of-way.
(13) 
Mechanical equipment.
(a) 
Intent. Mechanical equipment, unless architecturally designed to be publicly expressed, detracts significantly from the quality of urban environments. The proper screening of mechanical equipment from street view and adjacent buildings of equal or greater height must be accomplished using a compatible architectural style and materials of the building.
(b) 
Standard. The building's mechanical equipment shall be concealed from street view and from adjacent buildings of equal or greater height by parapets or screened in a way that is visually consistent with the building's design aesthetic. Appropriate sound-dampening measures shall also be taken when planning for mechanical equipment.
(14) 
Ground-floor setback zone.
(a) 
Intent. The setback zone is defined as the area between the building facade and the lot line or property line. Elements in this zone can contribute to the character, scale and visual richness of the street.
(b) 
Hoods and canopies. Hood and canopy projections shall be permitted above entry doorways of any building. The width of hoods and canopies, measured parallel to the building face, shall not exceed the width of the entrance doorway(s) by more than four feet. The overall thickness of a hood or canopy shall not exceed four feet. There shall be at least eight feet in the clear between any point of the hood or canopy and the sidewalk grade below and cannot extend past the property line.
(c) 
Awnings. Awning projections shall have a maximum projection of six feet and be no closer than two feet to the curbline. There shall be at least eight feet of clearance between any point of the frame and the sidewalk grade below, and at least seven feet three inches between all awning material and the sidewalk grade below. Retractable awnings are allowed, provided they meet all other design standards.
(d) 
Signage. Signage may project not more than four feet beyond the building facade. There must be a clearance of at least eight feet between any part of the sign and the sidewalk grade below. No portion of a projecting sign may exceed 16 feet above sidewalk grade. See Article VII, Signs, for additional requirements.
(e) 
Architectural elements. Architectural elements may extend no more than three feet into the setback zone. The following are examples of such architectural elements:
[1] 
Main cornices.
[2] 
Cornices of windows, porches, and false mansard type structures.
[3] 
Belt courses, lintels, sills, architraves, pediments over windows.
[4] 
Pediments, nonstructural columns or pilasters.
[5] 
Rustications (masonry projections) and quoins.
[6] 
Base courses.
(f) 
Street furnishings. The animation of public spaces in the setback zone occurs when occasions to linger are introduced. Street furniture is permitted to the extent that circulation remains accessible. Street furnishings must be able to withstand weather conditions, graffiti and public use, and remain in good repair.
(15) 
Upper floors setback. This zone is defined to be within the height of the middle and top of the building but extending out into the setback zone. Elements in this zone are encouraged. Successful integration of these elements contributes to visual interest in a way that is consistent with the architecture of the building. In addition, architectural features shall be included that will help avoid a "tunnel" look on the street and alley sides of a building.
(a) 
Balconies and bay windows.
[1] 
Balconies and bay windows are facade enrichment elements. The underside of the balconies or bay windows must be finished with materials similar in quality to the main building facade.
[2] 
Balconies and bay windows must be at least 10 feet above the sidewalk grade below. Balconies and bay windows may project not more than three feet into the setback area. All parts of the bay window must be at least 10 feet above the sidewalk grade below.
(b) 
Architectural elements. Architectural elements (including balconies and bay windows) may extend no more than three feet into the setback zone. The following are traditional architectural terms and elements, but also apply to contemporary counterparts and are examples of such architectural elements:
[1] 
Main cornices.
[2] 
Cornices of windows, porches, and false mansard type structures.
[3] 
Belt courses, lintels, sills, architraves, pediments over windows.
[4] 
Pediments, nonstructural columns or pilasters.
[5] 
Rustications (masonry projections) and quoins.
[6] 
Base courses.
(16) 
Conformance requirements. Conformance with all zoning and design standards shall be required where a building or structure is rehabilitated or remodeled to the extent that the cost of the changes constitute 50% or more of the fair market value of the property derived from the most recent property tax bill at the time the permits are issued.
F. 
Parking standards.
(1) 
Commercial off-street parking required.
(a) 
Off-street on-site parking shall be required in District 11. The number of parking spaces required shall be subject to the adjustment provisions as set forth in § 16-21F(1)(e). In the case of uses that are not specified in § 16-21F(1), the number of spaces specified for similar uses shall apply.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(b) 
The requirements of this section are applicable in the following instances:
[1] 
A new building is being erected,
[2] 
A building is being remodeled or altered externally or internally, which results in an increase in the demand for parking.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
[3] 
A new conditional use is applied for.
[4] 
A land parcel is being created or changed.
(c) 
Parking spaces for the physically disabled shall meet the requirements of §§ 346.50, 346.503 and 346.505, Wis. Stats.
(d) 
The criterion for determining parking requirements shall be based upon the proposed uses. In the event of interior remodeling or alteration where the proposed use is not definitely known, the last previous use will be deemed to be the new use. In the event of a new building or exterior remodeling or alteration where the proposed use is not definitely known, the use will be presumed to be that with the greatest parking requirements.
(e) 
Adjustments to required parking. The purpose of this section is to allow adjustments to the minimum number of parking spaces required to avoid constructing unneeded and excessive off-street parking facilities. Reducing the amount of excess off-street parking facilities is intended to provide for more cost-efficient site development, to eliminate constructing more impervious surface than necessary, to minimize stormwater runoff, to avoid construction of unnecessarily large stormwater facilities, and to provide more landscape areas and open space on commercial sites. To achieve these purposes, the Plan Commission may reduce the minimum number of required off-street parking spaces in specific cases as described in this section. Subsection F(1)(e)[1] through [4] below are the factors that shall be used as a basis to adjust parking requirements in District 11:
[1] 
Historical conditions. If the Plan Commission determines that the amount of existing on-site parking is adequate for the current use given historical conditions, the additional parking requirement for a new or expanded use may be only the difference between the requirements for the existing and the new or expanded use.
[2] 
Evidence that actual parking demands will be less than code requirements. The petitioner shall submit written documentation to the satisfaction of the Plan Commission that the use will require less parking than code requirements.
[3] 
Availability of shared or off-site parking. The petitioner shall submit written documentation to the satisfaction of the Plan Commission that shared or off-street parking spaces are available to satisfy the parking demand. Acceptable written documentation includes contracts, joint lease agreements, purchase agreements or other documentation that shows such shared or off-site parking can be accomplished, and cannot be eliminated or reduced without the Village's approval for such period of time deemed appropriate by the Plan Commission.
[4] 
Use of alternative transportation. The Plan Commission may reduce parking requirements upon demonstration that effective alternative transportation to the automobile will occur. Alternative transportation may include, but is not limited to, bus transit, walking, car pool/ride sharing and bicycling.
(2) 
Residential off-street parking required.
(a) 
Parking spaces for not less than 1 1/2 automobiles for each residential unit in any apartment building, condominium building or mixed-use building shall be provided in a detached building, parking area, or basement garage, plus one space per 10 units for guest parking. Such parking shall either be on-site or in reasonable proximity as determined by the Plan Commission.
(b) 
A detached building, parking area or any combination thereof shall occupy not to exceed 50% of the actual rear yard area and shall have side and rear setbacks of not less than three feet except where the detached building is adjacent to an alley, in which case, the rear setback shall be not less than five feet. Such detached building shall not exceed 12 feet in height.
G. 
Outdoor seating for businesses. Outdoor seating for businesses shall, at a minimum, be subject to the following requirements. Additional requirements may be imposed at the discretion of the Plan Commission pursuant to the provisions of § 16-16:
[Added 8-2-2021 by Ord. No. 1885[2]]
(1) 
An operating plan showing the location and design of all tables, chairs and related equipment, including covered trash receptacles, and describing methods of operation approved by the Plan Commission, which plan the Plan Commission finds to be reasonable in view of the Master Plan and suitable for the approved use.
(2) 
Placement of all tables and chairs and related equipment must be on the owner's property and not on the Village right-of-way unless otherwise permitted by the Village.
(3) 
No outdoor seating for businesses is permitted before March 1 or after November 30 of each calendar year unless the tables and chairs and related equipment are taken in at night.
(4) 
All tables, chairs and related equipment shall be secured or removed to indoor storage at the nightly closing time of the business.
(5) 
All tables, chairs and related equipment placed outdoors shall be under the supervision of employees inside the business.
(6) 
Conditional use approval by the Village shall be subject to and contingent upon any necessary approvals by any other governmental agency or authority with jurisdiction or authority.
(7) 
Approved outside trash receptacles shall be provided and serviced by the owner, to include emptying trash receptacles no less frequently than the close of business each day.
(8) 
The general area involved shall be maintained and kept reasonably free of litter at all times.
[2]
Editor's Note: This ordinance also provided for the redesignation of former Subsection G as Subsection H.
H. 
Miscellaneous provisions.
(1) 
Display of goods between setback lines prohibited. In District 11, it shall be unlawful to place or expose for sale any goods, merchandise or advertising matter anywhere between the setback lines on each side of the street.