[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:
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District 1 - Lake Shore Residence District
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District 1A - Single-Family Residence District
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District 2 - Single-Family Residence District
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District 3 - Two-Family Residence District
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District 4 - Churches, Public Buildings and Grounds District
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District 4A - Clubs and Lodges District
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District 5 - Apartment District
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District 6 - Business District
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District 7 - Automobile Parking District
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District 8 - Special Use District
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District 9 - Planned Development
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District 10 - Floodplain District
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District 11 - Silver Spring Drive Business District
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[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.
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District # 11
Boundary
[Amended by Village Board 8-14-2017]
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[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:
(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:
(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.
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.
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.
[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:
[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:
(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:
[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:
(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.
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.
[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:
(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.
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.
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:
(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:
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.
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.
(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. 1725]
The Floodplain District Regulations - District 10 is available
at the Village Hall upon request.
[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.
(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)
Restaurants.
(m)
Specialty food stores.
(n)
Supermarkets and full service grocery stores.
(o)
Taverns.
(p)
Wine bars.
(q)
Any commercial, retail, or dining establishment that sells or
serves alcohol.
(r)
Motor vehicle sales or service.
(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]
(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.
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[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.
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(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.
Building Composition: Base, Middle and Top Diagram
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(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.
Building Composition: Proportion Diagram
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(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.
Standard applies to this zone, which is at least six feet
in height.
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Maximum sill height is two feet six inches on Silver Spring
Drive (three feet on other streets).
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(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.
(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:
(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:
(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[1]]
(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.
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection G as Subsection H.
