Village of Greendale, WI
Milwaukee County
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Table of Contents
Table of Contents
This chapter shall be known, cited and referred to as the "Greendale Zoning Code."
(1) 
Purpose. The provisions of this chapter shall be held to be minimum requirements adopted for the purpose of:
(a) 
Promoting the public health, safety, morals, comfort, prosperity and general welfare;
(b) 
Securing adequate light, pure air and safety from fire and other dangers;
(c) 
Conserving the taxable value of land and buildings throughout the Village; and
(d) 
Generally preserving and enhancing aesthetic values throughout the Village.
(2) 
Intent. This chapter is intended to establish and accomplish certain standards and objectives by:
(a) 
Dividing the Village into districts and regulating the location, construction, reconstruction, alteration and use of buildings therein, structures and land, whether for residence, business, manufacturing or other specified uses;
(b) 
Avoiding or lessening congestion in the public streets by adequate requirements for off-street parking and loading facilities;
(c) 
Preventing the overcrowding of land through regulating and limiting the height and bulk of buildings hereafter erected as related to land area;
(d) 
Establishing, regulating and limiting the building or setback lines on or along streets, alleys or property lines;
(e) 
Regulating and limiting the intensity of the use of lot areas and regulating and determining the area of open spaces within and surrounding such buildings;
(f) 
Establishing standards to which buildings or structures shall conform;
(g) 
Permitting in each of the zoning districts only those uses, buildings and structures that are compatible with the character of each district;
(h) 
Providing controls over additions to and alterations and remodeling of existing buildings and structures;
(i) 
Providing controls governing the continuation of those uses, buildings and structures which are incompatible with the character of the districts in which they are made or located by reference to Wisconsin Statutes;
(j) 
Providing for administration of this chapter by reference to the Wisconsin Statutes and by setting forth the duties of the Zoning Administrator; and
(k) 
Prescribing penalties for the violation of the provisions of this chapter and amendments thereto.
In the construction of this chapter, the rules and definitions listed as follows shall be observed and applied except when the context clearly indicates otherwise.
(1) 
Rules.
(a) 
Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular.
(b) 
"Shall" is mandatory and not discretionary.
(c) 
"May" is permissive.
(d) 
"Lot" shall include the words "piece," "parcel" and "tract"; the word "building" includes all structures regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(e) 
All measured distances shall be to the nearest integral foot. If a fraction is 1/2 foot or less, the integral foot next below shall be taken.
(f) 
Any words not defined as follows shall be construed in their general accepted meanings as defined in the most recent publication of Webster's Dictionary.
(g) 
The words and terms herein defined, wherever they occur in this chapter, shall be interpreted in accordance with the definitions.
(2) 
Definitions. As used in this chapter, the following terms shall have the meaning indicated:
ABUT or ABUTTING
Having a common property line or district line.
ACCESSORY BUILDING
A detached subordinate building, or a portion of a principal building, the use of which is incidental to that of the dominant use of the principal building.
ADJACENT
To lie near or close to; in the neighborhood or vicinity of.
ADJOINING
Touching or contiguous as distinguished from lying near or adjacent.
AGRICULTURE
The use for the pursuit of agriculture of a parcel of land 10 acres or more in area under unified ownership or control and when within the perimeter of such a parcel there is no intervening street or land in other ownership or control. The pursuit of agriculture includes farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and accessory uses customarily incidental to normal agricultural activities, including but not limited to the farm dwelling, dwellings for tenants and full-time hired farm workers and lodging rooms in a dwelling for seasonal workers.
AIRCRAFT
Any contrivance used for or designed for navigation of or flight in the air.
AIRPORT
Any area of land or water which is used or intended for use for the landing and takeoff of aircraft and any appurtenant areas which are used or intended for use as airport buildings or other airport structures or rights-of-way, together with all airport buildings and structures located thereon.
ALLEY
Any right-of-way with a width of not less than 16 feet nor more than 24 feet which affords a secondary means of vehicular access to abutting properties. An alley shall not be considered a street.
ALTERATION
Any change in size, shape, occupancy or use of a building or structure.
ANIMAL HOSPITAL
A building or portion thereof designed or used for the care, observation or treatment of domestic animals.
AUTOMOBILE LAUNDRY
A building or portion thereof containing facilities for washing more than two motor vehicles using production line methods.
AUTOMOBILE SERVICE STATION
A building or portion thereof or premises used for dispensing or offering for sale at retail gasoline, when stored only in underground tanks, kerosene, lubricating oil or grease for operation of motor vehicles and where tires, batteries and similar automobile accessories may be offered for sale on the premises at retail; including minor services and installations customarily incidental thereto, and facilities, other than an automobile laundry, for washing cars, only if enclosed in a building. Automobile service stations do not include open sales lots or a public garage as defined herein.
AUTOMOBILE WRECKING YARD
See "junkyard."
BASEMENT
A story having part but not more than half of its floor-to-clear-ceiling height below the average finished ground grade adjoining the building walls. When a basement is used for storage garages for use of occupants of the building, or facilities common for the operations of the rest of the building, other than facilities for dwelling or lodging, it shall not be counted as a story.
BED-AND-BREAKFAST ESTABLISHMENT
Any place of lodging that satisfies all of the following:
[Added 7-17-2012 by Ord. No. 860]
(a) 
Provides two or fewer bedrooms for rent to no more than a total of six tourists or transients at any time.
(b) 
Provides no meals other than breakfast and provides the breakfast only to renters of the place.
(c) 
Is the owner's personal residence.
(d) 
Is occupied by the owner at the time of rental and continuously thereafter.
(e) 
Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence.
(f) 
Provides a minimum of two off-street parking spaces on the premises to accommodate the tourists or transients. Said two off-street parking spaces shall be in addition to those required by the Village Zoning Code to accommodate the single-family residential use.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries or other recognized lines of demarcation. A block may be located in part beyond the boundary lines of the corporate limits of the Village.
BOARDINGHOUSE
See "lodging house."
BOARD OF TRUSTEES or VILLAGE BOARD
The President and Board of Trustees of the Village of Greendale.
BUILDABLE AREA
For the purpose of measuring lot width, the narrowest width within the 30 feet of lot depth immediately in back of the front yard setback line.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from any other portion by a party wall, such portion shall be deemed to be a separate building.
BUILDING, ACCESSORY
See "accessory building."
BUILDING, COMPLETELY ENCLOSED
A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.
BUILDING, DETACHED
A building surrounded by open space.
BUILDING HEIGHT
The vertical distance measured from the finished grade (as determined by the Village Engineer) to the highest point of the roof for a flat or slant roof, to the deckline of a mansard roof, or to the mean height level between eaves and ridge of a gable, or hip, or gambrel roof. Chimneys, towers, spires, elevator penthouses, cooling towers, and similar projections (other than signs) shall not be included in calculating building height.
[Amended 6-7-2005 by Ord. No. 816]
BUILDING, PRINCIPAL
A nonaccessory building in which is conducted the principal use of the lot.
BUILDING, TEMPORARY
Any building not designed to be permanently located at the place where it is or where it is intended to be temporarily placed or affixed.
BULK
The term used to indicate the size and setback of buildings or structures and the location of the same with respect to one another and includes the following:
(a) 
Size and height of buildings.
(b) 
Location of exterior walls at all levels in relation to lot lines, streets or other buildings.
(c) 
Floor area ratio.
(d) 
All open space allocated to buildings.
(e) 
Amount of lot area and lot width provided per dwelling unit.
BUSINESS
An occupation, employment or enterprise which occupies time, attention, labor and materials or wherein merchandise is exhibited or sold or where services are offered.
CAPACITY IN PERSONS
The maximum number of persons that can avail themselves of the services or goods of an establishment or use at any one time, with reasonable comfort and safety.
CARPORT
A roofed automobile shelter with two or more open sides.
CELLAR
A story having more than half of its floor-to-clear-ceiling height below the average finished ground grade at the building walls. A cellar shall not be included in computing the number of stories for the purposes of height measurement.
CLINIC, MEDICAL OR DENTAL
A building or portion thereof the principal use of which is for offices of an organization or group of physicians or dentists, or both, and contains facilities for examination and treatment of patients but without facilities for overnight lodging.
CLOSED-CUP FLASH POINT
The lowest temperature at which a combustible liquid under the most favorable conditions shall give off a flammable vapor which shall burn momentarily.
CLUB OR LODGE, PRIVATE
A nonprofit association of persons who are bona fide members which owns, hires or leases a building or portion thereof in which there are facilities for use only by members of such association and their guests. The sale of alcoholic beverages to members and their guests shall be allowed, provided that it is secondary and incidental to the principal use and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, county and Village laws.
CONFORMING BUILDING OR STRUCTURE
Any building or structure which complies with all the regulations of this chapter or of any amendment hereto governing the bulk of the zoning district in which such building or structure is located or which lawfully existed on the effective date of this chapter (April 8, 1964) even though the building or structure does not conform to the regulations of this chapter or any amendment hereto governing bulk of the zoning district in which such building or structure is located.
CONTIGUOUS
In actual contact.
CURB LEVEL
The level of the established roadway pavement curb edging in front of a building measured at the center of such front and, where no curb level has been established, the pavement elevation at the street center line similarly measured. The Zoning Administrator may designate the curb level as the average elevation of the finished ground grades immediately adjacent to the building walls in locations of unusual topographical conditions.
CUSTOMER/CLIENT
For the purposes of calculating visits to home occupation premises, any one person receiving the services of a home occupation on the premises of the home occupation.
[Added 10-5-2010 by Ord. No. 853]
DAILY
Every day of the week, including Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday.
[Added 10-5-2010 by Ord. No. 853]
DECIBEL
A unit of measurement of the intensity (loudness) of sound. Sound-level meters, which are employed to measure the intensity of sound, are calibrated in decibels.
DENSITY, NET (ND)
The quotient of the total number of dwelling units divided by the net buildable site area of a site. (See also the definition of "site area, net buildable.")
[Added 12-21-2010 by Ord. No. 854]
DISTRICT
A portion of the corporate area of the Village within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DOMESTIC PET SERVICE
An establishment where clipping, bathing and other services, except those of a veterinary nature, are rendered to dogs, cats and domestic pets. No boarding shall be permitted.
DRIVE-IN ESTABLISHMENT
An establishment or part thereof in which are provided facilities where serving or consuming commodities, or both, is intended to occur primarily in patrons' automobiles parked on the premises.
DRIVEWAY
That part of a lot constructed with a hard surface providing access from a public right-of-way to a parking space.
DWELLING
A building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family and multiple-family dwellings, but not including lodging rooms in hotels, motels or lodging houses.
DWELLING, ATTACHED
A dwelling joined to two other dwellings by party walls, cavity walls or other aboveground, physically unifying, horizontal structural elements.
DWELLING, DETACHED
A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, MULTIPLE-FAMILY
A building containing three or more dwelling units.
DWELLING, SEMIDETACHED
A dwelling joined to one other dwelling by a party wall, cavity wall or other aboveground, physically unifying, horizontal structural element.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A building containing two dwelling units only, one above the other.
DWELLING UNIT
One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.
EFFICIENCY UNIT
A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, provided that such dining alcove does not exceed 90 square feet in area.
E.I.F.S.
Exterior insulation and finish systems for buildings which are multilayered exterior wall systems that are used on both commercial buildings and residential buildings.
[Added 12-21-2010 by Ord. No. 854]
ELECTRIC DISTRIBUTION CENTER
A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION
A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
EMERGENCY SHELTER
A public or private enclosure designed to protect people from aerial bombardment, radiological, biological, or chemical warfare, fire, flood, windstorm, riots and invasions.
[Amended 5-20-2008 by Ord. No. 840]
ENGINEER, VILLAGE
A Village official duly appointed and designated as the Village Engineer.
FAMILY
One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit, who are living together as a bona fide stable and committed living unit, being a traditional family or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 5-20-2008 by Ord. No. 840]
FENCE
A structure which is a barrier and used as a boundary or means of protection or confinement.
FENCE, OPEN
A fence, including entrance and exit gates, where each one-foot-wide segment for the full length and height of the fence contains at least 70% open space which affords a direct view through the fence.
FENCE, SOLID
A fence, including gates, which conceals from view from adjoining properties, streets or alleys activities conducted behind it.
(a) 
The sum of the gross horizontal areas of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls or from the center lines of walls separating two buildings. The floor area shall also include the horizontal areas on each floor devoted to:
1. 
Elevator shafts and stairwells.
2. 
Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and cooling towers.
3. 
Habitable attic space as permitted by the Building Code.[1]
4. 
Interior balconies and mezzanines.
5. 
Enclosed porches.
6. 
Garages.
7. 
Accessory uses.
(b) 
The floor area of structures used for bulk storage of materials, including but not limited to grain elevators and petroleum storage tanks, shall be determined on the basis of the height of such structures, with one floor for each 10 feet of structure height, and if a structure measures more than five feet over such floor equivalent it shall be construed to have an additional floor.
FLOOR AREA (for determining off-street parking and off-street loading requirements)
Floor area when prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of the exterior walls or from the center lines of walls separating two buildings.
FLOOR AREA RATIO
The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio requirement as designated for each zoning district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot.
FREE BURNING
The rate of combustion described by a material which burns actively and easily supports combustion.
FREQUENCY
Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
GARAGE, PRIVATE
An accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than two tons' capacity.
GARAGE, PUBLIC
A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing or repairing motor vehicles. Hiring, selling or storing of motor vehicles may be included.
GARAGE, STORAGE
A building or portion thereof designed or used exclusively for storage of motor vehicles and in which motor vehicles are not equipped, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building for vehicles stored therein.
GREENDALE CENTER or GREENDALE CENTER BLOCKS 1 THROUGH 60
The Greendale Center Subdivision Blocks 1 through 57, except Blocks 20, 21, 22, 40, 41, 50, 51 and 52.
GROUND FLOOR AREA
The lot area covered by a principal building, measured at the average finished ground grade at the building walls, from the exterior faces of the exterior walls, but excluding open porches, terraces, garages or carports.
GUEST, PERMANENT
A person who occupies or has the right to occupy a rooming house, boardinghouse, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence.
HOME OCCUPATION
Any gainful occupation or profession conducted entirely within a dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes and when the operation of the home occupation is not objectionable due to dust, smoke, odor, noise, excessive vehicular and pedestrian traffic or other causes which could prove detrimental to the surrounding residential area.
HOTEL
An establishment which is open to transient guests, in contradiction to a boardinghouse or a rooming house, and is commonly known as a hotel in the community in which it is located and which provides customary hotel services, such as maid service; furnishing and laundering of linens; telephone, secretarial and desk service; the use and upkeep of furniture; and bellboy service.
HOTEL, APARTMENT
A hotel, except that at least 80% of the hotel accommodations are occupied or reserved for occupancy by permanent guests, securing such accommodations by prearrangement for a continuous period of 30 days or more, and cooking facilities may be provided in any individual room or suite of rooms for occupancy only by permanent guests.
INSTITUTION
A building occupied by a nonprofit corporation for public or semipublic use.
INTENSE BURNING
The rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
JUNKYARD
An open area of land and any accessory building or structure thereon which is used primarily for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof and other metals, paper, rags, rubber tires and bottles.
KENNEL
Any premises or portion thereof on which more than two dogs, cats or other household domestic animals over four months of age are kept or on which more than one such animal is maintained, boarded, bred or cared for in return for remuneration or kept for the purpose of sale.
LAUNDERETTE
A business that provides self-service-type washing, drying, dry-cleaning and ironing facilities, provided that not more than four persons, including owners, are employed on the premises and no pickup or delivery service is maintained.
LOADING SPACE
A space within the principal building or on the same lot providing for the standing, loading or unloading of trucks and with access to a street or alley.
LODGING HOUSE
A dwelling where lodging, or lodging and meals, is provided for compensation to three or more persons by prearrangement for definite periods.
LODGING ROOM
A room or suite of rooms rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as a lodging room for the purpose of this chapter.
LOT
A single parcel of land which may be legally described as such or may be one or more numbered lots or parts of lots in a recorded subdivision plat, located within a single block and occupied by or intended for occupancy as the site for a principal building or a principal use, together with accessory buildings and uses, yards and other open spaces as required by this chapter and having its principal frontage on a street.
LOT AREA
The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT, CORNER
A lot located at the intersection of two streets or a lot bounded on two sides by a curving street and any two chords of which form an angle of 120° or less measured on the lot side.
LOT COVERAGE
The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, INTERIOR
A lot that is not a corner lot.
LOT LINE, FRONT
That lot line of a lot which adjoins the right-of-way line of a street. On a corner lot, the lot line having the shortest length abutting a street shall be the front lot line.
LOT LINE, INTERIOR
A lot line which is not a rear lot line and which does not adjoin a street right-of-way line.
LOT LINE, REAR
That boundary of a lot which is most distant from and is most nearly parallel to the front lot line, and in the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD
A lot which has been recorded in the office of the Register of Deeds of Milwaukee County, Wisconsin.
LOT, REVERSED CORNER
A corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH
A lot having a pair of opposite lot lines along two more or less parallel streets and which is not a corner or reversed corner lot. Each lot line adjoining a street shall be deemed a front lot line.
LOT WIDTH
The minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the buildable area.
MAJOR RECREATIONAL FACILITY
Any structure constructed, assembled or erected facilitating the recreational use of the property and accessory to the permitted residential use, the recreational use of which might prove to be injurious to the peaceful use and enjoyment of other property in the immediate vicinity for purposes already permitted or might prove to substantially diminish or impair property values of the same, including, but without limiting the generality of the foregoing, swimming pools and tennis courts.
MICRON
A unit of length equal to 0.001 millimeter.[2]
MOBILE HOME PARK
A parcel or tract of land developed with facilities for locating three or more mobile homes, provided that each mobile home contains a kitchen, flush toilet and shower or bath and a mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.
MODERATE BURNING
Implies a rate of combustion described by material which supports combustion and is consumed slowly as it burns.
MOTEL
An establishment consisting of a group of attached or detached lodging rooms with bathrooms, located on a single parcel within a block and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a motel, less than 50% of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists. A motel shall not include cooking facilities in any of its lodging rooms.
MOTOR FREIGHT TERMINAL
A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate or interstate shipment by motor truck.
NAMEPLATE
A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.
NET ACRE
An acre of land, excluding public street rights-of-way and other publicly dedicated land areas such as parks, open space, floodplains, wetlands, and stormwater detention and retention facilities.
[Added 12-21-2010 by Ord. No. 854]
NOXIOUS MATTER OR MATERIAL
A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well-being of individuals.
NURSERY, CHILD-CARE
An establishment for the part-time care of five or more children of the pre-elementary school age in addition to the members of the family residing therein.
NURSING HOME
A home for the aged or chronically ill, care of children or infirm or incurable persons, or a place of rest for those suffering bodily disorders, in which three or more persons not members of the immediate family residing on the premises are received, kept or provided with food and shelter or care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
OCTAVE BAND
A method of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER
An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound-level meter to take measurements in specific octave intervals.
ODOR THRESHOLD
The minimum concentration of odorous matter in the air that can be detected as an odor.
OPEN SALES LOT
Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out of doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.
OPEN SPACE
Any site, parcel, lot, area, or outlot of land or water essentially unimproved and set aside, dedicated, designated, or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Land that is to be used primarily for resource protection, agriculture, recreational purposes, or otherwise left undisturbed and specifically excluding road rights-of-way and lots. Open space land shall not be occupied by nonrecreational buildings, roads, drives, public rights-of-way, or off-street parking areas for nonrecreational uses. Land located within the yards or lots of residential and/or nonresidential properties is not considered open space unless it is deed restricted for open space protection or natural resource features protection. Where lots are above the minimum sizes required and the excess lot area is deed restricted to open space uses, said excess lot area may be counted as open space.
[Added 12-21-2010 by Ord. No. 854]
PARKING SPACE
A designated area, either enclosed in a building or in the open, which is reserved for the parking of one motor vehicle and which has access from a street, alley or other public way.
PARTICULATE MATTER
Finely divided solid or liquid matter, other than water, which is released into the atmosphere.
PARTY WALL
A common wall which extends from its footing below grade to the underside of the roof and divides buildings.
PERFORMANCE STANDARD
A criteria established to control smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire and explosive hazards or glare or heat generated by or inherent in uses of land or buildings.
PLAN COMMISSION
The Plan Commission of the Village of Greendale.
PLAYGROUND EQUIPMENT
Equipment fabricated to be utilized by children in play or sport. Basketball hoops, backboards and poles upon which they are attached are excluded from this definition.
[Added by Ord. No. 647]
PYROPHORIC DUST
A dust in a finely divided state that is spontaneously combustible in air.
RADIATION HAZARDS
The deleterious and harmful effects of all ionizing radiation, which shall include all radiations capable of producing ions in their passage through matter. Such radiations shall include, but are not limited to, electromagnetic radiations such as X-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.
RESEARCH LABORATORY
A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
RESERVOIR STANDING SPACES
Those off-street parking spaces allocated for temporary standing of occupied automobiles awaiting entrance to a particular establishment.
RINGELMANN CHART
The chart described in the United States Bureau of Mines Information Circular 6888 on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke (smoke density).
RINGELMANN NUMBER
The designation of the area on the Ringelmann Chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of smoke.
ROADWAY
That portion of a street between the regularly established curblines or that portion of a street which is used or intended to be used for vehicular travel, whether or not such portion is improved or unimproved with a pavement surface.
ROOMING HOUSE
See "lodging house."
SCHOOL, NURSERY
See "nursery, child-care."
SETBACK
The minimum horizontal distance between the setback line and the lot line abutting a street or the center line of a thoroughfare.
SETBACK, ESTABLISHED BUILDING
When 40% or more of the lots fronting on one side of a street within a block are improved, the existing building setbacks of such improved lots shall be the established building setback for determining the required setbacks for the remainder of the lots along such street frontage, as regulated in this chapter.
SETBACK LINE
A line on a lot that extends for the full length of a lot line adjoining a street or thoroughfare and which is not nearer at any point to a lot line abutting a street than the depth or width of the required yard or to the center line of an abutting thoroughfare than the required setback from the center line of a thoroughfare. No building, structure or other obstruction shall encroach into the area between a setback line and the lot line adjoining a street or thoroughfare except obstructions in yards permitted herein.
SIGN
A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. A sign shall not include any display of official court or public office notices, the flag, emblem or insignia of a nation, political unit, school or religious group or a sign located completely within an enclosed building, except such signs located behind window areas for the purpose of being viewed from outside the building. Each display surface of a sign shall be considered to be a sign.
SIGN, ADVERTISING (BILLBOARD)
A sign which directs attention to a business, commodity, service or entertainment not necessarily conducted, sold or offered for sale on the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, COMMUNITY
A sign which directs attention to a product, place, activity, person or business of a not-for-profit organization or a community-based organization operating for the common good of the community.
[Added by Ord. No. 682]
SIGN, FLASHING
An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. A revolving sign or any moving part of an advertising device that is illuminated shall be considered a flashing sign.
SIGN, GROSS AREA OF
The entire area within a single continuous perimeter enclosing the extreme limits of the actual surface of a single-face sign. It does not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. A double-face or V-type sign erected on a single supporting structure where the interior angle does not exceed 135° shall be considered and measured as a single-face sign for the purpose of computing square foot area.
SIGN, NEON
A sign or display constructed of varying sizes and shapes of tubed material filled with either powder or gas which illuminates in various colors when electrified.
[Added 6-16-1998 by Ord. No. 757]
SIGN, SIDEWALK SANDWICH
A sign which is movable and not secured or attached directly or indirectly to the ground, structure, or building; which use is limited to special events of special sales; and which meets all the requirements of § 17.19(6)(i), titled "Sidewalk sandwich signs," of the Village of Greendale Zoning Code.
[Added 10-7-2008 by Ord. No. 844]
SITE AREA, NET BUILDABLE
The entire land area within the boundaries of a site, less the area of all land required or proposed for public use, open space, or natural resource preservation or protection (floodplains and wetlands).
[Added 12-21-2010 by Ord. No. 854]
SMOKE
The visible discharge from a chimney, stack, vent, exhaust or combustion process which is made up of particulate matter.
SMOKE UNITS, NUMBER OF
The number obtained when the smoke density in the Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed and the various products are then added together to give the total number of smoke units observed during the entire observation period.
SOUND LEVEL
The intensity of sound of an operation or use as measured in decibels.
SOUND-LEVEL METER
An instrument standardized by the American Standards Association for measurement of the intensity of sound.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above, the space between the floor and the ceiling next above it, and in the case of a split-level story, the surface of the floors at different elevations and the ceilings next above such floors, provided that there is not more than four feet difference in elevation between the levels of the floors of such a story. A mezzanine floor, if it covers over 1/3 of the area of the floor next below it or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more or a basement, shall be considered a story, and a cellar is not a story.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET
Any right-of-way containing a roadway, whether dedicated as a public street or, when permitted by this chapter and other ordinances of the Village, a private street or recorded easement, which provides the primary means of vehicular access to abutting properties.
STREET FRONTAGE
All of the property fronting on one side of a street between two intersecting streets or, in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of such dead-end street.
STREET LINE
The street right-of-way line which is contiguous with a property line of a lot, parcel or tract.
STRUCTURAL ALTERATION
Any change in the number and width of exits or in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof.
STRUCTURE
Anything constructed or erected the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, backstops for tennis courts and pergolas.
SWIMMING POOL
Any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water of more than 24 inches in depth at any point is contained and which is used primarily for the purpose of wading, swimming or bathing.
[Amended 5-20-2008 by Ord. No. 840]
THOROUGHFARE
A street designated as a thoroughfare by the Village or other governmental authority having jurisdiction which has a high degree of continuity and serves as an arterial trafficway between the various districts of the Village or the areas beyond. Thoroughfares classified as freeways or other types of limited access routes shall serve as primary means of access to abutting properties only when frontage roads are provided within such thoroughfare rights-of-way.
THREE-COMPONENT MEASURING SYSTEM
Instruments which measure simultaneously earthborne vibrations in horizontal and vertical planes.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests.
TOWNHOUSE
A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides.
[Added 12-21-2010 by Ord. No. 854]
TOXIC MATTER OR MATERIAL
Those materials which are capable of causing injury to living organisms by chemical means.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)
A compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.
[Added 12-21-2010 by Ord. No. 854]
TRAILER or MOBILE HOME
That which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used, and includes any additions, attachments, annexes, foundations and appurtenances.
[Amended 5-20-2008 by Ord. No. 840]
TRAILER, TRAVEL
A trailer designed and constructed for travel and temporary lodging purposes and which does not exceed a gross weight of 4,500 pounds when factory equipped for the road and which is intended for use only for camping, recreational travel or vacation use.
TRIP
A single or one-direction vehicle movement with either the origin or the destination (exiting or entering) inside a lot or parcel of land. For trip generation purposes, the total trip ends for a land use over a given period of time are the total of all trips entering plus all trips exiting a lot or parcel of land during any twenty-four-hour time period.
[Added 10-5-2010 by Ord. No. 853]
USE
The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained, which shall include any manner of performance of such activity with respect to the performance standards of this chapter.
USE, ACCESSORY
One which is incidental to the dominant use of the premises.
USE, LAWFUL
The use of any building, structure or land that conforms to all of the use regulations of the ordinances of the Village, county and state and any existing building, structure or land conforming in respect to use but not in respect to all the regulations of this chapter or of any amendment hereto governing bulk of the zoning district in which such use is located.
USE, PERMITTED
Any use which may be lawfully established in a particular district or districts, provided that it conforms to all requirements, regulations and performance standards, if any, of such district.
USE, PRINCIPAL
The dominant use of land or buildings as distinguished from a subordinate or accessory use.
USE, SPECIAL
A use which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts, but when such use is herein listed as a special use in a district or districts it may be allowed therein after approval in each case by the Village President and Village Board in accordance with procedures set forth in § 62.23(7)(d), Wis. Stats.
VEHICLE, MOTOR
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
VEHICLE, RECREATIONAL
A trailer, mobile home, boat, snowmobile and any other vehicles used for recreational purposes upon or by which any person or property is or may be transported or drawn upon a road, street or highway. Excluded from this definition shall be passenger motor vehicles or vehicles which cannot be licensed as a motor vehicle and which are used for racing or other competitive or commercial purposes.
[Amended by Ord. No. 734]
VEHICLES, PARKING OF MOTOR AND RECREATIONAL
The word "parking" shall be construed to mean of short duration and measured by hours and at most by a day or two.
VEHICLES, STORAGE OF MOTOR AND RECREATIONAL
The storage of motor vehicle and recreational vehicles indicates some degree of permanence, whereas parking connotes transience.
VENDING MACHINES
Machines for dispensing merchandise or services designed to be operated by the customer.
VIBRATION
The periodic displacement, measured in inches, of earth at designated frequency (cycles per second).
YARD
An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this chapter.
YARD, CORNER SIDE
A side yard which adjoins a street.
YARD, FRONT
A yard extending along the front lot line which is bounded by the side lot lines, front lot line and the front yard line.
YARD, INTERIOR SIDE
A side yard which adjoins another lot or an alley, separating such side yard from another lot.
YARD LINE
A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as set forth in this chapter.
YARD, REAR
A yard extending along the rear lot line which is bounded by the side lot lines, rear lot line and the rear yard line.
YARD, SIDE
A yard extending along a side lot line which is bounded by the rear yard line, front yard line, side yard line and side lot line.
ZONING ADMINISTRATOR
The Zoning Administrator of the Village.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Greendale.
ZONING DISTRICTS
The districts into which the Village has been divided for zoning regulations and requirements.
[1]
Editor's Note: See Ch. 15, Building Code.
[2]
Editor's Note: The former definition of "mobile home," which immediately followed this definition, was repealed 5-20-2008 by Ord. No. 840. See the definition "trailer or mobile home."
(1) 
Interpretation.
(a) 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety, morals, comfort, prosperity and general welfare.
(b) 
Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(c) 
This chapter is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this chapter shall govern.
(d) 
The provisions in this chapter are cumulative and additional limitations upon all other laws and ordinances which have been passed or which may be passed hereafter governing any subject matter in this chapter.
(2) 
Control over use of land, buildings or structures. The use of a building, structure or tract of land shall be for a use which is herein specified as a permitted or special use in the district regulations applicable to the district in which such building, structure or land is located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter (April 8, 1964) and where construction has been begun within six months of the effective date and is being prosecuted to completion, such building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued and, further, may upon completion be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of § 17.26.
(3) 
Control over bulk.
(a) 
Compliance required. All new buildings or structures or enlargement, reconstruction, structural alteration, conversion or relocation of existing buildings or structures shall hereafter conform to the bulk regulations herein set forth for the district in which each building or structure is located, except as otherwise provided in Subsection (3)(b).
(b) 
Exceptions. Lots of record, except those in the Plat of Greendale, Blocks 1 through 60, existing on the effective date of this chapter (April 8, 1964) which do not conform to the minimum lot width or lot area regulations of this chapter may be used for new or enlargement, reconstruction, structural alteration, conversion or relocation of existing single-family detached dwellings, single-family semidetached dwellings or two-family detached dwellings and accessory buildings, structures and uses customarily incidental thereto, provided that such lots are located in residence districts where such dwellings are permitted uses. However, there shall be compliance with all other regulations of this chapter, except that when such lots are in subdivisions for which protective covenants have been recorded there may be compliance with less restrictive provisions of the protective covenants covering bulk.
(4) 
Single-family detached dwellings. In any residence district, every single-family detached dwelling and accessory buildings or structures hereafter erected or structurally altered shall be located on a lot, and there shall be no more than one such principal building on one lot. Each single-family detached dwelling shall have a ground floor area not less than the minimum ground floor area herein set forth applicable to the district where such dwelling is located, except that in a subdivision of record on the effective date of this chapter (April 8, 1964) such dwelling may have a ground floor area of not less than that required by protective covenants covering such subdivision, even though such ground floor area may be less than herein required.
(5) 
Yards and other open spaces.
(a) 
Yards and other open spaces as required by this chapter shall be located on the same lot as the principal building, structure or use and shall have no less than the minimum width, depth, or area as herein required for the district in which such building, structure or use is located. However, in a subdivision of record on the effective date of this chapter (April 8, 1964) yards and other open areas shall be not less than required by protective covenants as shown on or accompanying the subdivision plats of record, even though such yard and other open area requirements are less restrictive than herein required. When 40% or more of the lots fronting one side of a street within a block have established building setbacks or any lot fronting on a designated thoroughfare, front yards shall be as herein regulated in § 17.04(6), Setback lines along streets and thoroughfares.
(b) 
On vacant through lots, either of the lot lines abutting a street may be established as the front lot line, except that when a front lot line has been established on one lot within a block which contains one or more through lots, the street right-of-way line designated as the front lot line for such lot shall be the front lot line on all other lots in such block.
(c) 
On a corner lot in residence districts, the front line shall be the lot line having the shortest dimension along a street right-of-way, whether or not the main entrance doorway to the building is in the building wall fronting the front lot line; provided, however, that the Building Board may provide otherwise.
(d) 
No legally required yards, other open space or minimum lot area allocated to any existing building, structure or use shall be, by virtue of change of ownership or for any other reason, used to satisfy yard, other open space or minimum lot area requirements for any other building, structure or use.
(e) 
No lot containing a building, structure or use shall hereafter be divided into two or more lots for the purpose of transfer of ownership for establishing a principal use, unless all lots resulting from such division shall conform to not less than the minimum lot area and width regulations applicable in the district where the lot is located. However, existing two-family lots upon which is erected a freestanding two-family residence within the plat of Greendale Center, Blocks 1 through 60, may be divided as provided in Chapter 18, § 18.02(4), without conforming to the minimum lot area and width regulations applicable in the district where the lot is located.
(f) 
No yards allocated to an existing building, structure or use shall be subsequently reduced or further reduced below the minimum yard requirements of this chapter applicable in the district where the building, structure or use is located, except that a yard adjoining a thoroughfare on a lot containing a building, structure or use on the effective date of this chapter (April 8, 1964) may be reduced in depth if the right-of-way width of such thoroughfare is subsequently increased.
(g) 
Condominium conversions shall be subject to the same yard and open space requirements as the property was prior to conversion.
(6) 
Setback lines along streets and thoroughfares.
(a) 
Setback lines on lots abutting a street that is not designated as a thoroughfare shall be set back the distance required for a front yard or side yard abutting a street in the districts where such lots are located, except as otherwise provided herein.
(b) 
Setback lines on lots abutting a thoroughfare shall be measured from the center line of the thoroughfare and be set back a distance equivalent to 1/2 the width of the thoroughfare right-of-way as designated on the Official Thoroughfare Plan of the Village or as established by county or state highway authorities, plus the depth of a front yard or side yard abutting a street, as herein required for the districts in which such lots are located.
(c) 
When 40% or more of the lots fronting one side of a street within a block have established building setbacks of a depth other than herein required for a front yard in the district in which the lot is located, the front yard depth for each remaining lot along such street frontage shall be as follows, except that setback lines on corner lots and lots fronting on thoroughfares shall not be set back a distance less than the shortest distance measured between the front lot line and a point equal distance between side lot lines on a line extending from the point of intersection of the front wall and nearest side wall of the next existing principal building adjacent to one side of the lot to the point of intersection of such building walls of the next existing principal building adjacent to the other side of the lot, unless no principal building exists on one side of a lot, then such line extends to the point of intersection of the required front yard line and required nearest side yard line in the corner lot on such street frontage.
(7) 
Accessory buildings, structures and uses.
(a) 
Accessory buildings, structures and uses customarily incidental to permitted and special principal uses shall be permitted as herein regulated. Accessory structures such as solar collector structures, either freestanding or attached to a principal or accessory building; windmills and other wind-generating structures on lots three acres or more in area; radio and television satellite antennas, such as dish antennas, whether mounted on a building or located on the ground, either permanently or in a portable manner; and other similar accessory structures shall conform to the requirements set forth in this section and shall be required to obtain a permit under § 15.07 of this Code.
[Amended by Ord. No. 586]
(b) 
Accessory buildings, structures and uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use and, except as otherwise herein regulated, shall not include the keeping, propagation or culture of pigeons, poultry or livestock, whether or not for profit.
(c) 
Except as otherwise herein regulated, an accessory building in a residential district hereafter erected, altered, enlarged or moved on a lot shall conform to the following provisions:
1. 
A detached accessory building in a rear yard shall be not less than 20 feet from the rear lot line and not less than the side yard required for the principal building from the nearest side lot line, except:
a. 
In such portions of the Plat of Greendale Center, Blocks 1 through 60, comprising the areas originally occupied by single- or two-family dwellings constructed by the Resettlement Administration, a detached garage or carport may be attached by a party wall centered on the side lot line and common to a garage or carport located in the rear yard of the adjoining lot.
b. 
An accessory building or structure in the rear yard of a through lot shall not be nearer to the rear lot line abutting a street than the distance required for a front yard. In the plat of Greendale Center, Blocks 1 through 60, the setback shall not be less than 25 feet.
c. 
When a property owner cannot meet the side yard setback with a detached private garage (foundation measurement of 14 feet by 22 feet) with entry to the garage perpendicular to the street (garage door parallel to the street) he may construct a private detached garage not to exceed 14 feet by 22 feet (foundation measurement) encroaching upon the side yard to the minimum distance possible in the judgment of the Building Board, but in no case shall the side yard setback on the garage side be less than five feet. After the degree of encroachment has been determined, the size of the garage in the other direction shall be immaterial. The garage shall meet all other setback requirements. Projections shall not encroach into the minimum five-foot setback.
d. 
The requirements of Subsection (8)(w) of this section notwithstanding, in the R-1, R-1A, R-2, R-3, R-4, and R-5 Residential Zoning Districts only, detached sheds and storage buildings which are 80 square feet in area or less and are used exclusively for the storage of garden equipment and household items shall:
[Added 5-21-2002 by Ord. No. 793]
1) 
Not be located in the front or side yards.
2) 
Not be located less than 10 feet from the rear lot line.
3) 
Have a required side yard of not less than that of the principal building from the nearest side lot line or closer to the side lot line than an accessory garage, whichever is closest to the side lot line.
4) 
Not be closer to a detached garage or other accessory structure than three feet.
5) 
Not exceed a maximum height of eight feet as measured from grade to the highest point of the roof structure.
6) 
Not be constructed within any drainage or utility easements nor within any drainage swale or drainage course.
7) 
Not be constructed of exposed steel or clad with steel (unless it matches the siding of the principal residential structure) but may be clad with aluminum or vinyl siding materials. Said cladding materials and roof materials shall match the colors and material type of the existing residential structure or other material approved by the Building Board.
8) 
Said sheds and storage buildings for garden equipment shall have architectural plans approved by the Village Building Board. Said architectural plans shall include building elevations and floor plan, including dimensions of height, width, and length, as well as an indication for materials proposed to be used. In addition, for prefabricated sheds and storage buildings for garden equipment, a copy of the manufacturer's brochure, photographs, and assembly instructions shall be submitted.
9) 
The Village Building Board may require a landscape plan to be prepared for review and approval of the Village Building Board. If a landscape plan is required by the Village Building Board, said landscape plan shall indicate either in writing or graphically on a drawing the location, number, type (common name and scientific name for plant materials), and size of all proposed landscape plantings. Any landscape plant materials which may be required by the Village Building Board shall be installed at the time of the construction of the shed or storage building.
10) 
Be limited to one detached shed or storage building used exclusively for the storage of garden equipment and household items per lot or parcel.
2. 
A detached accessory building or when attached to the principal building shall not be located in a front yard or a required side yard or side yard abutting a street.
3. 
A detached accessory building shall not be nearer than five feet to the nearest wall of the principal building or within 60 feet of the front lot line.
(d) 
No accessory building located in a rear yard shall exceed one story or 17 feet in height, whichever is lower. The total ground floor of all detached accessory buildings in a rear yard shall not be more than 15% of the total area of the rear yard. In the R-1 through R-3 Residence Districts, no more than two detached accessory buildings are permitted in any rear yard, and the total square footage shall not exceed 720 square feet even if the percentage of total area is less than 15%.
[Amended by Ord. No. 659]
(e) 
Accessory buildings in business, office, research and manufacturing districts shall conform to setbacks for the principal building to which they are accessory.
(f) 
Any major recreational facility to be established in a residential district shall not extend closer than 20 feet to the rear lot line and shall conform to the side yard and front yard setbacks for the principal building to which the major recreational facility is accessory. Fencing, landscaping, lighting and other buffer or safety precautions may be required at the discretion of the Building Board; provided, however, that the installation of such items shall be approved by the Building Board.
(8) 
Permitted accessory buildings, structures and uses. Except as otherwise regulated herein for a specific permitted or special use, the following accessory buildings, structures and uses are permitted and may be obstructions in yards as follows:
Front Yards
Interior Side Yards
Rear Yards
(a)
Awnings or canopies, attached, projecting not more than 25% of the width or depth of a yard
X
X
X
(b)
Arbors or trellises
X
(c)
Air-conditioning equipment shelters
X
(d)
Balconies
X
(e)
Bays extending less than 50% of the length of the building wall and projecting not more than 2 feet into a yard
X
X
X
(f)
Bay windows projecting not more than 3 feet into a yard
X
X
X
(g)
Chimneys, attached, projecting not more than 24 inches into a yard
X
X
X
(h)
Eaves and gutters on principal buildings or attached accessory buildings projecting not more than 4 feet into a front and rear yard and not more than 24 inches into a side yard. Eaves and gutters on detached accessory buildings may project not more than 24 inches into required yards unless prohibited by other provisions of this chapter.
X
X
X
(i)
Emergency shelters, attached or detached, when conforming also to other codes and ordinances of the Village[1]
X
(j)
Fences, solid or open. Open fences not more than 5 feet 6 inches in height may be constructed in residential districts within the required interior side and rear yards. Open or solid fences within or abutting residential districts not more than 6 feet 6 inches in height shall meet interior side and rear yard offset requirements. In business, manufacturing and agricultural districts, fences not exceeding 6 feet 6 inches in height are permissible and may be located in front and side yards, except when the rear lot line adjoins a Village street or right-of-way. Fencing for major recreational facilities is governed by Subsection (7)(f). Fence height shall be measured as being the height above the elevation of the surface of the ground immediately beneath the fence.
X
X
(k)
Fire escapes, open or enclosed, or fire towers may project into a required front yard or side yard adjoining a street not more than 5 feet and into a required interior side yard or court not more than 3 1/2 feet.
X
X
X
(l)
Flagpoles
X
X
X
(m)
Garages or carports, attached or detached
X
(n)
Growing of farm and garden crops in the open
X
X
(o)
Home occupations, provided that such occupation is not conducted from an accessory building
Not permitted in any yard
(p)
Where specifically approved by the Village Board, after referral to the Plan Commission and subject to all conditions imposed in such approval, the keeping of horses and other livestock and poultry for noncommercial purposes as accessory to a single-family dwelling on a lot not less than 5 acres in area, provided that buildings or structures for such accessory uses are located not less than 150 feet from any lot line. Adequate fencing, landscaping and maximum practical conditions of neatness and sanitation shall be maintained to avoid detrimental effects on surrounding uses. No more than 1 horse, other livestock or poultry per acre shall be permitted.
X
(q)
Lawn furniture, such as benches, sundials, birdbaths and similar architectural features
X
X
X
(r)
Open off-street loading spaces
X
(s)
Open off-street parking spaces shall be located not less than 2 1/2 feet from the nearest side lot line
X
X
(t)
Ornamental light standards
X
X
X
(u)
Playground and laundry-drying equipment.
X
(v)
Playhouses and open-sided summer houses
X
(w)
Sheds and storage buildings for garden equipment and household items as accessory to buildings, with the maximum dimensions to be 120 square feet, with a side wall height of 12 feet and provided that not more than 1 shed per lot shall be allowed. Also see Subsection (7)(c)1d.
[Amended by Ord. No. 616; 5-21-2002 by Ord. No. 793]
X
(x)
Signs and nameplates as regulated herein
X
X
X
(y)
Sills, belt courses, cornices and ornamental features of the principal building projecting not more than 18 inches into a yard
X
X
X
(z)
Steps, open, necessary for access to and from the dwelling or an accessory building, steps as access to the lot from the street and in gardens or terraces, provided that there are no more than 8 steps for access to and from a principal or accessory building
X
X
X
(aa)
Terraces, patios and outdoor fireplaces
X
(bb)
Trees, shrubs and flowers
X
X
X
On a corner lot, within that part of a required yard located within 25 feet from the point of intersection of two street right-of-way lines abutting the lot, no obstructions as permitted above in a front yard shall be erected, constructed, planted or maintained having a height exceeding 30 inches, and trees planted and maintained in such part of a lot shall not have branches lower than eight feet above the grade at the center line of the adjacent street roadway.
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
(9) 
Trailers, mobile homes, tents, boats, snowmobiles and other vehicles.
(a) 
Trailers and mobile homes shall not be occupied for dwelling or lodging purposes except in an approved mobile home park or tourist park.
(b) 
When used for recreational purposes, trailers, mobile homes, tents, boats, snowmobiles, other recreational equipment and vehicles not exceeding 30 feet in length, eight feet in width, or 13 feet six inches in height and open-sided hauling trailers not exceeding 14 feet in length may be stored either in an enclosed building or on any part of the residential lot to the rear of the front or side street building line and not within the required side yard nor within 10 feet of the rear lot line. Temporary permission may be issued by the Police Department to the owners of the lot or to visitors of such owners for parking and occupancy of recreational vehicles and other recreational equipment on any part of a residential lot for a period not to exceed one week. A one-week extension may be granted by the Police Department. No more than two recreational vehicles or hauling trailers or a combination thereof shall be stored on a residential lot at any time. For purposes of this section, one or more recreational vehicles being stored on their companion trailer shall be counted as one recreational vehicle. Hauling trailers shall not be used for any other purpose while being stored on the property.
[Amended by Ord. No. 734]
(c) 
Trailers or mobile homes may be used as temporary offices or storage space incidental to construction of a building development while such construction is actively undertaken, provided that the trailer or mobile home is located on the same or adjacent lot as the building development.
(d) 
Tents shall not be erected, used or maintained for dwelling, lodging or other purposes, except as may be used for incidental recreation purposes when erected on the same lot as a dwelling and used only by the residents of the dwelling and as regulated in § 17.30.
(10) 
Sewage treatment and water supply systems.
(a) 
Public or community sewerage and water systems, when Village-owned sewer or water is not available, shall be required to serve lots having areas of less than 30,000 square feet. For lots having 30,000 square feet or more of area, the Village Board may require the installation of public or community sewerage and water systems, when Village-owned sewer and water facilities are not available, after first receiving the recommendations of the Plan Commission and conducting a public hearing thereon.
(b) 
Lots 30,000 square feet or more in area and 150 feet or more in width may be served with individual sewerage and water systems, except as regulated in Subsection (10)(a) above, or a greater minimum lot area may be required in order to comply with state, county or Village standards for installation of individual sewerage and water systems.
(c) 
Lots less than 30,000 square feet in area which were of record on the effective date of this chapter (April 8, 1964) may be served by individual sewerage and water systems provided that there is sufficient open area on the lot and adjoining lots for the installation of individual sewerage and water systems conforming to standards set forth in state, county and Village applicable statutes, ordinances and codes. However, the Village Board, after receiving the recommendation of the Plan Commission and thereafter conducting a public hearing thereon, may require that such lots of less than 30,000 square feet in area be served by public sewerage and water systems.
(11) 
Statutory authorization, concurrent jurisdiction, finding of fact, statement of purpose.
[Amended 7-5-2006 by Ord. No. 830; 8-19-2008 by Ord. No. 842]
(a) 
Statutory authorization. Subsections (11) through (18) for floodplain-wetland protection area adopted pursuant to the authorization contained in §§ 61.351, 62.23 and 59.69, 87.30 and 281.31, Wis. Stats.
(b) 
Controlling maps. The boundaries of all floodplain districts are designated as floodplains or A Zones on the maps listed below. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) effective September 26, 2008, Volume Numbers 55079CV001A, 55079CV002A, 55079CV003A, 55079CV004A, 55079CV005A, or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file at the Village Hall in the Village of Greendale. If more than one map or revision is referenced, the most restrictive information shall apply.
1. 
United States Geological Survey Quadrangle Maps.
2. 
Wisconsin Wetland Inventory Maps stamped "Final" on February 22, 1989.
3. 
Flood Insurance Rate Map (FIRM), Panel Numbers 55079C0134E, 55079C0142E, 55079C0153E, 55079C0154E, 55079C0161E, 55079C0162E, dated September 26 2008; with corresponding profiles that are based on the Flood Insurance Study (FIS) effective September 26, 2008.
4. 
Official Floodplain Zoning Map.
(c) 
Finding of fact. The uncontrolled development or use of the floodplain, rivers, streams or wetlands of the Village of Greendale, Wisconsin, adversely affects the public health, safety, convenience and general welfare and impairs the tax base of this Village.
(d) 
Statement of purpose. The purpose of these rules is to provide a uniform basis for the preparation, implementation and administration of sound floodplain-wetland regulations for all Village of Greendale floodplain-wetlands to:
1. 
Protect the public health, safety, convenience and general welfare.
2. 
Minimize expenditures of public monies for costly flood control projects by maintaining stormwater and floodwater storage capacity.
3. 
Minimize rescue and relief efforts, generally undertaken at the expense of the general public.
4. 
Minimize business interruptions.
5. 
Minimize damage to public facilities in the floodplain, such as water mains, sewer lines, streets and bridges.
6. 
Minimize the occurrence of future flood blight areas in floodplains.
7. 
Discourage the victimization of unwary land and home buyers.
8. 
Prohibit certain uses detrimental to the floodplain-wetland area.
9. 
Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that will otherwise drain into waters of the state.
10. 
Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat.
11. 
Prevent increases in regional flood heights which could increase damage during floods and which may result in conflicts or litigation between property owners.
12. 
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth-moving activities.
(12) 
General provisions.
[Added 7-5-2006 by Ord. No. 830; amended 5-20-2008 by Ord. No. 840; 8-19-2008 by Ord. No. 842]
(a) 
Areas to be regulated. Areas regulated by Subsections (11) through (18) include all lands within the corporate limits of the Village of Greendale, Wisconsin, that would be inundated by the "regional flood" or "base flood" defined in § 17.04(18), Definitions. Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A Zones on the Flood Insurance Rate Map.
(b) 
District boundaries. The general floodplain-wetland district shall include: all lands lying within the A Zones as shown on the Official Floodplain Zoning Map which is based on FIRM showing the river(s) and its tributaries in the Village of Greendale, Wisconsin, prepared by the Federal Emergency Management Agency (FEMA) dated September 26, 2008, and approved by the Department of Natural Resources; and "Final" Wisconsin Wetland Inventory Maps for the Village of Greendale, prepared by the Wisconsin Department of Natural Resources (DNR), dated February 22, 1989. These boundaries may be amended following the procedure outlined in Subsections (11) through (18). Within this district, all uses not listed as "permitted uses" shall be prohibited.
1. 
The floodplain-wetland boundary lines on the map shall be determined by the use of the scale appearing on the map. Where there is a conflict between the floodplain boundary illustrated on the map and actual field conditions, the dispute shall be settled according to Subsection (15)(e), Mapping disputes.
2. 
Compliance with the provisions of Subsections (11) through (18) shall not be grounds for the removal of lands from the floodplain-wetland district unless such lands are filled to a height of at least two (2) feet above the elevation of the regional flood for the particular area and are contiguous to other lands lying outside the floodplain district, approval has been granted by the DNR pursuant to Subsections (11) through (18), and, where required, an official letter of map change has been issued by the FEMA.
(c) 
Effect of floodplain-wetland district regulations. The regulations set forth in Subsections (11) through (18) shall apply to all floodplain-wetlands mapped on the Official Floodplain-Wetland Zoning Map.
(d) 
Compliance. No new use or change in use of any structure, land or water shall be located, extended, converted or structurally altered and no development as defined in Subsections (11) through (18) shall commence without full compliance with the terms of Subsections (11) through (18) and other applicable regulations.
(e) 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with Subsections (11) through (18) and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Wis. Stats., applies.
(f) 
Abrogation and greater restrictions.
1. 
Subsections (11) through (18) supersede provisions of any zoning ordinance relating to floodplain-wetlands. However, any underlying zoning shall remain in full force and effect to the extent that its provisions are more restrictive.
2. 
It is not otherwise intended by Subsections (11) through (18) to repeal, abrogate, or impair any existing deed restrictions; however, where Subsections (11) through (18) impose greater restrictions, the provisions of Subsections (11) through (18) shall prevail.
(g) 
Interpretation. In their interpretation and application, the provisions of Subsections (11) through (18) shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by Wis. Stats. and chs. NR 116 and 117, Wis. Adm. Code. If a provision of Subsections (11) through (18), required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of Subsections (11) through (18) or in effect on the date of the most recent text amendment to Subsections (11) through (18).
(h) 
Warning and disclaimer of liability. The degree of floodplain-wetland protection intended to be provided by Subsections (11) through (18) is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. Subsections (11) through (18) do not imply that areas outside floodplain-wetland zoning district boundaries or land uses permitted within each district will always be totally free from flooding or flood damages, nor shall Subsections (11) through (18) create a liability on the part of or a cause of action against the Village of Greendale that may result from reliance on Subsections (11) through (18).
(i) 
General development standards. The Village of Greendale shall review all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of Subsections (11) through (18).
(j) 
Special provisions applicable to the general floodplain-wetland district.
1. 
No developments in general floodplain-wetland areas shall materially affect the storage capacity of the floodplain, based upon an equal degree of hydrologic encroachment (volume of the storage area which is lost). For the purpose of this subsection, "materially" is defined as any increase in discharge of the regional flood which causes a rise in the water surface profile of 0.01 foot. Such developments may be permitted only if amendments are made to Subsections (11) through (18) pursuant to Subsection (16) herein.
2. 
Utility facilities such as dams, flowage areas, transmission lines, pipelines, and water monitoring devices are permitted subject to regulations pursuant to Ch. 30, Wis. Stats., and applicable federal regulations.
3. 
Navigational and drainage aids such as channels, channel markers, buoys and other such devices are permitted, provided that prior to any alteration or relocation of a watercourse, the Village shall notify adjacent communities, the DNR and the FEMA, and require the applicant to secure necessary permits. The flood-carrying capacity within the altered or relocated portion of any watercourse shall be maintained.
4. 
Other water-related uses such as docks, piers, wharves, bridges, culverts, and river crossings are permitted, subject to any pier or dockline regulations, or any other regulations that are required pursuant to Ch. 30, Wis. Stats., and applicable federal regulations.
(k) 
Hydraulic and hydrologic analyses.
1. 
Except as allowed in Subsection (12)(k)3 below, no floodplain development shall:
a. 
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height.
b. 
Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot.
2. 
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless provisions of Subsection (12)(k)3 are met.
3. 
Obstructions or increases equal to or greater than 0.01 foot may be permitted if amendments are made to Subsections (11) through (18), the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection (16).
(l) 
Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The flood-carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the Zoning Administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.
(m) 
Chapters 30 and 31, Wis. Stats., development. Development which requires a permit from the Department, under Chs. 30 and 31, Wis Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFEs established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to Subsection (16).
(13) 
General floodplain-wetland district.
[Added 7-5-2006 by Ord. No. 830; amended 8-19-2008 by Ord. No. 842]
(a) 
Applicability. The provisions for this district shall apply to all identified floodplain-wetlands in the Village of Greendale, Wisconsin.
(b) 
Establishment of districts.
1. 
The regional floodplain areas are divided into three districts as follows:
a. 
The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.
b. 
The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway.
c. 
The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood.
2. 
All A Zones shown on the Official Floodplain Zoning Map which is based on Flood Insurance Study Maps or Flood Insurance Rate Maps (FIRM) showing the river(s) and its tributaries in the Village of Greendale, Wisconsin, prepared by the FEMA dated September 26, 2008; and approved by the DNR.
3. 
All wetlands which are five (5) acres or more in area and are shown on the "Final" Wetland Inventory Maps prepared by the DNR, dated February 22, 1989, that have been adopted and made a part of Subsections (11) through (18) and which are:
a. 
Within 1,000 feet of the ordinary high water mark of Scout Lake.
b. 
Within 300 feet of the ordinary high water mark of navigable rivers or streams or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the U.S. Geological Survey Quadrangle Map. FEMA floodplain maps and any other subsequent floodplain studies shall be used to determine the extent of floodplain areas.
(c) 
Wetland map discrepancies. Determinations of navigability and ordinary high water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate regional office of the Department for a final determination of navigability or ordinary high water mark. When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official Zoning Maps and the actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary, as mapped, is in error. If Department staff concurs with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a land use or building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official Zoning Maps, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(d) 
Permitted uses. The following uses are permitted subject to the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:
1. 
Wetlands.
a. 
Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
1) 
Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating.
2) 
The harvesting of wild crops such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.
3) 
The cultivation of agricultural crops.
4) 
The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.
5) 
The maintenance and repair of existing drainage systems where permissible under § 30.20, Wis. Stats., to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Ch. 30, Wis. Stats., and that dredged spoil is placed on existing spoil banks where possible.
6) 
The installation and maintenance of sealed tiles for the purpose of draining lands outside the floodplain-wetland zoning district, provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the floodplain-wetlands.
b. 
Uses which are allowed upon the issuance of a land use permit and any additional permits as required under federal, state or local laws. All construction and maintenance must be done in a manner that will minimize the adverse effect upon the natural function of the wetland.
1) 
The construction and maintenance of walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance.
2) 
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
3) 
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to permitted uses.
4) 
The construction and maintenance of residential buildings provided that:
a) 
The building is used solely in conjunction with a use permitted in the floodplain-wetland district or for the raising of waterfowl, minnows or other wetland or aquatic animals.
b) 
The building cannot, as a practical matter, be located outside the wetland.
c) 
The building does not exceed 500 square feet in floor area.
d) 
Only limited filling and excavating necessary to provide structural support for the building are allowed.
5) 
The establishment and development of public and private parks and recreational areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps.
6) 
The construction and maintenance of electric and telephone transmission lines and water, gas and sewer lines, and related facilities.
2. 
Non-wetlands within floodplain.
a. 
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
b. 
Nonstructural, industrial, commercial uses, such as loading areas, parking areas, airport landing strips.
c. 
Nonstructural private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
d. 
Uses or structures accessory to open space uses.
e. 
Extraction of sand, gravel and/or other materials.
f. 
Functionally water-dependent uses, such as marinas, boat rentals, docks, piers, wharves, dams, flowage area, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chs. 30 and 31, Wis. Stats.
g. 
Public utilities, streets, bridges and railroads that comply with Subsection (13)(d).
3. 
All other lands. Permitted uses for lands lying within the jurisdiction of Subsections (11) through (18), but being neither wetlands nor lands within the one-hundred-year floodplain, shall be governed by the underlying zoning.
(e) 
Standards for development in the Floodway District.
1. 
All of the provisions of Subsection (12)(j)1 shall apply hereto.
2. 
Applicants shall provide the following data to determine the effects of the proposal according to Subsection (12)(k):
a. 
A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
b. 
An analysis calculating the effects of this proposal on regional flood height.
3. 
The Zoning Administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for Subsection (13)(e)2 above.
4. 
Structures which are accessory to permitted open space use may be permitted, provided the structures:
a. 
Are not designed for human habitation.
b. 
Have a low flood-wetland damage potential.
c. 
Are to be constructed and placed on the building site so as to increase flood heights less than 0.01 foot and minimally obstruct the flow of floodwaters. Whenever possible, structures will be constructed with the longitudinal axis parallel to the direction of flow of floodwaters, and will be placed with their longitudinal axis approximately on the same line as those of adjoining structures.
d. 
Are firmly anchored to prevent them from floating away and restricting bridge openings or other restricted sections of the stream or river.
e. 
Have all service facilities, such as electrical and heating equipment, at or above the flood protection elevations for the particular area.
5. 
Uses permitted by the DNR pursuant to Chs. 30 and 31, Wis. Stats., may be permitted, provided that the necessary permits are obtained and amendments approved by the Village, DNR, and FEMA to the official water surface profiles, floodplain zoning maps and floodplain-wetlands zoning ordinance, or "Final" Wetlands Inventory Map.
6. 
Public utilities, streets and bridges may be permitted, provided that:
a. 
Adequate floodproofing measures are provided to the flood protection elevation.
b. 
Construction shall not cause any increase of 0.01 foot or greater in the height of the regional flood, except that reasonable increases up to one (1) foot may be approved if the amendment procedures and all conditions of Subsection (16)(c) are met.
c. 
The Village, DNR and FEMA amend their water surface profiles, floodplain zoning maps and floodplain zoning ordinance to reflect any changes resulting for such construction.
d. 
The construction, as a practical matter, cannot be located outside the wetland and is designed and constructed to minimize adverse impacts on wetlands.
7. 
Fills or depositions of materials which do not adversely affect wetlands may be permitted, provided that;
a. 
The provisions of Subsection (12)(k) are met.
b. 
Fill or disposition of materials does not encroach between the ordinary high water mark on each bank of the navigable waters unless a permit has been granted by the DNR pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344, has been issued, if applicable, and the other requirements of this section are met.
c. 
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling and/or bulkheading sufficient to prevent erosion and leachate.
8. 
All other uses not listed herein as permitted are prohibited, including, but not limited to:
a. 
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
b. 
Storing materials that are buoyant flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
c. 
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
d. 
Any private or public sewage system, except portable latrines that are moved prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. COMM 83, Wis. Admin. Code;
e. 
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
f. 
Any solid or hazardous waste disposal sites;
g. 
Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code;
h. 
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
(f) 
Standards for development in floodfringe areas.
1. 
Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or exceed the following standards:
a. 
The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures if the elevations of existing streets or sewer lines make compliance with the fill standards impractical;
b. 
The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;
c. 
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection (13)(f)1d.
d. 
In developments where existing street or sewer line elevations make compliance with Subsection (13)(f)1c. impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
1) 
The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
2) 
The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Department.
2. 
Accessory structures or uses.
a. 
Except as provided in Subsection (13)(f)2b, an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
b. 
An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of Subsection (13)(e) pertaining to such structures.
3. 
Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of Subsection (13)(f). Subject to the requirements of Subsection (13)(f)5, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
4. 
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other floodproofing measures in accordance with Subsection (15)(g). Subject to the requirements of Subsection (13)(f)5, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
5. 
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in accordance with Subsection (15)(g). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
6. 
Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and:
a. 
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in accordance with Subsection (15)(g) to the flood protection elevation;
b. 
Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
7. 
Sewage systems. All on-site sewage disposal systems shall be floodproofed, in accordance with Subsection (15)(g), to the flood protection elevation and shall meet the provisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.
8. 
Wells. All wells shall be floodproofed, in accordance with Subsection (15)(g), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
9. 
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
10. 
Deposition of materials. Any deposited material must meet all the provisions of Subsections (11) through (18).
11. 
Manufactured homes.
a. 
Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
b. 
In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
1) 
Have the lowest floor elevated to the flood protection elevation; and
2) 
Be anchored so they do not float, collapse or move laterally during a flood.
c. 
Except for existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in Subsection (13)(f).
12. 
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Subsection (13)(f)11.b. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
(g) 
General Floodplain District (GFP).
1. 
Applicability. The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and floodfringe districts shall be delineated when adequate data is available.
2. 
Permitted uses. Pursuant to Subsection (13)(h), it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway and floodfringe areas are allowed within the General Floodplain District, according to the standards of Subsection (13), provided that all permits or certificates required under Subsection (15) have been issued.
3. 
Standards for development in the General Floodplain District: Subsection (13)(e) applies to floodway areas; Subsection (13)(f) applies to floodfringe areas. The rest of Subsections (11) through (18) applies to either district.
(h) 
Determining floodway and floodfringe limits. Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:
1. 
Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures;
2. 
Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:
a. 
A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information.
b. 
Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
c. 
Profile showing the slope of the bottom of the channel or flow line of the stream.
d. 
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
3. 
Transmit one copy of the information described in Subsection (13)(h)1 and 2 to the Department regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of Subsection (15)(b) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.
(14) 
Nonconforming uses.
[Added 7-5-2006 by Ord. No. 830; amended 5-20-2008 by Ord. No. 840; 8-19-2008 by Ord. No. 842]
(a) 
Applicability. These standards shall conform with § 59.69(10), Stats., for counties or § 62.23(7)(h), Wis. Stats., for cities and villages and shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of Subsections (11) through (18) or any amendment thereto.
(b) 
Existing structures or uses. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of Subsections (11) through (18) may continue, subject to the following conditions:
1. 
No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with Subsections (11) through (18). The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered an extension, modification or addition; these include painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
2. 
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of Subsections (11) through (18).
3. 
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.
4. 
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of Subsections (11) through (18). Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection (13)(f). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection.
5. 
In the case of nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44 CFR Part 60), or the regulations promulgated thereunder. Any other nonconforming structure or any structure with a nonconforming use that is destroyed or is substantially damaged cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.
6. 
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with Subsection (13)(e), flood-resistant materials are used, and construction practices and floodproofing methods that comply with Subsection (15)(g) are used.
(c) 
Floodway areas.
1. 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area:
a. 
Unless such modification or addition has been granted a permit or variance which meets all ordinance requirements;
b. 
Unless such modification or addition meets the requirements of Subsection (14);
c. 
Unless such modification or addition will not increase the obstruction to flood flows or regional flood height;
d. 
Any addition to the existing structure shall be floodproofed, pursuant to Subsection (15)(g), by means other than the use of fill, to the flood protection elevation;
e. 
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1) 
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
2) 
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3) 
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
4) 
The use must be limited to parking or limited storage.
(d) 
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and ch. COMM 83, Wis. Adm. Code.
(e) 
No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.
(f) 
Floodfringe areas.
1. 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in Subsection (13)(f), except where Subsection (15)(f) is applicable.
2. 
Where compliance with the provisions of Subsection (14)(f)1 would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedures established in Subsection (15)(d), may grant a variance from those provisions of Subsection (14)(f)1 for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
a. 
No floor is allowed below the regional flood elevation for residential or commercial structures;
b. 
Human lives are not endangered;
c. 
Public facilities, such as water or sewer, will not be installed;
d. 
Flood depths will not exceed two feet;
e. 
Flood velocities will not exceed two feet per second; and
f. 
The structure will not be used for storage of materials as described in Subsection (13)(f)6.
3. 
If neither the provisions of Subsection (14)(f)1 or 2 above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition:
a. 
Meets all other regulations and will be granted by permit or variance;
b. 
Does not exceed 60 square feet in area; and
c. 
In combination with other previous modifications or additions to the building, does not equal or exceed 50% of the present equalized assessed value of the building.
4. 
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system, shall meet all the applicable provisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.
5. 
All new wells, or addition to, replacement, repair or maintenance of a well, shall meet the applicable provisions of Subsections (11) through (18) and chs. NR 811 and NR 812, Wis. Adm. Code.
(15) 
Administration.
[Added 7-5-2006 by Ord. No. 830; amended 8-19-2008 by Ord. No. 842]
(a) 
Zoning Administrator. The Director of Inspection Services shall administer the provisions of Subsections (11) through (18). The Director of Inspection Services, for the purposes of Subsections (11) through (18), shall be designated the Zoning Administrator. The Zoning Administrator shall exercise the following duties and powers:
1. 
Advise applicants as to the provisions of Subsections (11) through (18), assist them in preparing permit applications and assure that the regional flood elevation for the proposed development is shown on all permit applications.
2. 
Issue permits and inspect properties for compliance with Subsections (11) through (18) and issue a certificate of compliance when appropriate.
3. 
Inspect all damaged floodplain structures and perform a substantial damage assessment to determine if substantial damage to the structures has occurred.
4. 
Keep the official records of all water surface profiles, floodplain-wetland zoning maps, floodplain-wetland zoning ordinances, nonconforming uses and changes thereto, permit applications, permits, appeals, variances and amendments related to the floodplain-wetland zoning ordinances. Such official records shall include all of the following:
a. 
All permits issued, inspections made, and work approved;
b. 
Documentation of certified lowest floor and regional flood elevations for floodplain development;
c. 
Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures, including changes, appeals, variances and amendments.
d. 
All substantial damage assessment reports for floodplain structures.
5. 
Submit copies of any required data, variances, appeals, amendments, annual reports, and any other required information to the DNR. An annual summary showing only the number and types of zoning actions taken by the Village shall be submitted to that department by the Zoning Administrator. Copies of substantial damage assessments performed and all related correspondence concerning the assessments shall be submitted to the DNR.
6. 
Investigate, prepare reports and report violations of the floodplain-wetland zoning ordinance to the appropriate Village committee and to the municipal attorney, with copies to the appropriate regional office of the DNR.
7. 
Submit copies of map or text amendments and annual reports to the FEMA.
8. 
Maintain on file a list of all documentation of certified elevations.
9. 
Notify adjacent communities and the DNR prior to any alteration or relocation of a watercourse or wetland, and submit evidence of such notification to the FEMA.
10. 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(b) 
Administrative procedures.
1. 
Special use permit. A special use permit shall be obtained from the Zoning Administrator before any new land use, change in use, or development as defined in Subsection (19) of this section, subject to the provisions of this chapter, may be initiated. An application for a special use permit shall be made to the Zoning Administrator upon forms furnished and shall include, for the purpose of proper enforcement of these regulations, the following data:
a. 
Names and addresses of the applicant, property owner and contractor.
b. 
Legal description of the property, type of proposed use and whether it is new construction or a modification.
c. 
A site plan drawn to scale containing the dimensions of the lot and locations of buildings from lot line, center line abutting highways, high water mark of any abutting watercourse, location of all mapped wetlands, location and elevation of existing or future access roads, elevation of the lowest floor of proposed buildings and any fill using National Geodetic and Vertical Datum (NGVD), or North American Vertical Datum (NAVD) at the location of the development, data to determine if the proposed development will cause obstruction to flow or an increase in regional flood height or discharge, and extent and elevation of floodplain boundaries. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
1) 
Location, dimensions, area and elevation of the lot;
2) 
Location of the ordinary high water mark of any abutting navigable waterways;
3) 
Location of any structures, with distances measured from the lot lines and street center lines;
4) 
Location of any existing or proposed on-site sewage systems or private water supply systems;
5) 
Location and elevation of existing or future access roads;
6) 
Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
7) 
The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study, either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
8) 
Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Subsection (13)(e) and (f) are met; and
9) 
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Subsection (12)(k). This may include any of the information noted in Subsection (13)(e).
d. 
All information concerning any private water or on-site sewage disposal system to be installed, including a sketch showing surveyed location of wells, streams, lakes, buildings, private and septic tank systems within 100 feet of the proposed sewage disposal site.
e. 
Specifications and dimensions for areas of proposed wetland alteration.
f. 
The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals, as "subdivision" is defined in Ch. 236, Wis. Stats., and other proposed developments exceeding five (5) acres in area or where the estimated cost exceeds $125,000. The applicant shall provide:
1) 
An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity;
2) 
A map showing location and details of vehicular access to lands outside the floodplain; and
3) 
A surface drainage plan showing how flood damage will be minimized. The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs.
g. 
All permits issued under the authority of Subsections (11) through (18) shall expire one year after issuance.
2. 
Certificate of compliance. No development as defined in this chapter shall take place, no vacant land in the floodplain-wetland shall be occupied or used, and no building hereafter erected, altered or moved shall be occupied until the applicant obtains a certificate of compliance from the Zoning Administrator. The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of Subsections (11) through (18). The application for such certificate shall be concurrent with the application for a permit. If all provisions of Subsections (11) through (18) are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed. The Zoning Administrator shall require that the applicant submit a certification by a registered professional engineer or architect that all floodplain-wetland regulatory factors were accomplished in compliance with appropriate floodplain-wetland zoning provisions. The applicant shall submit such certification for all new construction and substantial improvements. Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of the adoption of Subsections (11) through (18) certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions for Subsections (11) through (18).
3. 
Other permits. It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state and local agencies, including those required under Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344.
(c) 
Plan Commission. The Plan Commission shall have the duties and powers to:
1. 
Oversee the functions of the office of the Zoning Administrator only with regard to the provisions of the floodplain-wetland zoning ordinances.
2. 
Review and make recommendations to the Village Board on all proposed amendments to the floodplain-wetland zoning ordinances.
3. 
Maintain a complete public record of all proceedings.
4. 
The Plan Commission shall not grant variances to the terms of the ordinance in place of action by the Zoning Board of Appeals or amend the text or zoning maps in place of official action by the Village Board.
(d) 
Zoning Board of Appeals. The powers of the Zoning Board of Appeals shall be pursuant to Chapter 17 of the Village Zoning Code and § 62.23(7)(e), Wis. Stats.
1. 
Appeals to the Board. Refer to Chapter 17 of the Village Zoning Code.
2. 
Hearing appeals. In addition to the procedures outlined in Chapter 17, the following procedures shall be used for appeals within a floodplain-wetland district:
a. 
Written notice shall be given to the Southeast Regional Headquarters of the DNR at least 10 days prior to hearings on proposed variances, conditional uses, and appeals for map or text amendments.
b. 
A copy of all decisions by the Board of Appeals shall be mailed to the appropriate regional office of the DNR within 10 days of the decision.
(e) 
Mapping disputes. The following procedure shall be used by the Zoning Board of Appeals in disputes of a floodplain zoning district boundary:
1. 
Floodplain-wetland district boundaries: when the location of the floodplain-wetland boundary is established by flood maps, wetland maps, or engineering studies pursuant to Subsection (13)(b), the flood elevations or "flood profiles" for the point in question so related to actual ground elevations shall be the governing factor in locating the district boundary. If no elevation or profiles are available to the Board, any other available evidence may be examined.
2. 
In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present his/her case to the Zoning Board of Appeals and, if he/she so chooses, submit technical evidence. The Board shall not allow deviations from the boundary line as mapped unless the evidence clearly and conclusively establishes that the mapped location of the line is incorrect, approval has been granted by the DNR, and an official letter of map amendment has been issued by the FEMA.
(f) 
Variance. Any deviation from the standards of Subsections (11) through (18), for which a permit has been denied by the Zoning Administrator, may be allowed only upon written request for a variance submitted to the Zoning Administrator, public hearing, and issuance of a variance by the Board of Appeals. The Board may authorize in specific cases such variance from the terms of Subsections (11) through (18) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of Subsections (11) through (18) would result in unnecessary hardship. A variance:
1. 
Shall be consistent with the spirit and intent of this floodplain-wetland zoning ordinance.
2. 
Shall not permit any change in established flood elevations or profiles.
3. 
Shall only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE.
4. 
Shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of Subsections (11) through (18).
5. 
Shall not be granted for a use that is common to a group of adjacent lots or premises. (In such case, the zoning ordinance would have to be amended through proper procedures.)
6. 
Variances shall only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE.
7. 
Shall not be granted unless it is shown that the variance will not be contrary to the public interest or damaging to the rights of other persons or property values in the area.
8. 
Shall not be granted for actions which require an amendment to the floodplain-wetland zoning ordinance.
9. 
Shall not have the effect of allowing or expanding a use or structure which is prohibited in that zoning district by the floodplain-wetland zoning ordinance.
10. 
Shall not be granted solely on the basis of economic gain or loss.
11. 
Shall not be granted for a self-created hardship.
12. 
Shall not allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
13. 
When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record.
(g) 
Floodproofing. Floodproofing measures such as the following shall be designated consistent with the flood protection elevation for the particular area as described in Subsection (12)(b) to withstand the flood velocities, forces and other factors associated with the flood protection elevation. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequately designed to protect to the flood protection elevation for the particular area. All floodproofing shall provide anchorage to resist flotation and lateral movement. Floodproofing shall ensure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention. Other floodproofing measures may include:
1. 
Installation of watertight doors, bulkheads, and shutters.
2. 
Reinforcement of walls and floors to resist pressure.
3. 
Use of paint, membranes or mortars to reduce seepage of water through walls.
4. 
Addition of mass or weight to structures to prevent flotation.
5. 
Placement of essential utilities above the flood protection elevation.
6. 
Pump facilities and/or subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures and lower water levels in structures.
7. 
Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.
8. 
Construction to resist rupture or collapse caused by water pressure or floating debris.
9. 
Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
(h) 
Public information.
1. 
Place marks on structures to show depth of inundation during regional flood.
2. 
All maps, engineering data and regulations shall be available and widely distributed.
3. 
All real estate transfers shall show what floodplain zoning district any real property is located in.
(16) 
Amendments.
[Added 7-5-2006 by Ord. No. 830; amended 8-19-2008 by Ord. No. 842]
(a) 
General. The Village Board of the Village of Greendale, Wisconsin, may, from time to time, alter, supplement or change the boundaries of use districts and the regulations contained in Subsections (11) through (18) in the manner provided by law. Official amendments are required for any changes in water surface profiles, floodplain zoning maps or the floodplain zoning ordinance. Actions which require an amendment include, but are not limited to, the following:
1. 
Any change in the boundary of the floodplain-wetland area.
2. 
Settlement of conflicts between the water surface profiles and floodplain-wetland zoning maps, in accordance with Subsection (15)(e).
3. 
Any fill or encroachment that will cause a change equal to or greater than 0.01 foot in the water surface profiles of the regional flood.
4. 
Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.
5. 
Any upgrading of floodplain-wetland zoning ordinances required by law.
6. 
Amendments petitioned by any interested party in accordance with the provisions of § 62.23, Wis. Stats.
7. 
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood fringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
8. 
Rezoning wetlands. Rezoning of a wetland shall require amendment of the "Final" Wisconsin Wetland Inventory Map. No rezoning shall be permitted when the result will have a significant adverse impact upon any of the following:
a. 
Stormwater and floodwater storage capacity.
b. 
Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland.
c. 
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters.
d. 
Shoreland protection against soil erosion.
e. 
Fish spawning, breeding, nursery or feeding grounds.
f. 
Wildlife habitat.
g. 
Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
(b) 
Duties of Zoning Administrator. The Zoning Administrator shall:
1. 
Require the applicant to submit, at the time of application, two copies of an aerial photograph, or a plan which accurately locates the floodplain-wetland proposal with respect to the floodplain-wetland district limits, channel of stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, wetland delineation, building flood elevations and floodproofing measures.
2. 
Require the applicant to furnish any of the following additional information as is deemed necessary by the DNR for evaluation of the effects of the proposal upon flood flows, wetlands and to determine the boundaries of the floodplain-wetland:
a. 
A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-section area to be occupied by the proposed development, and high water information.
b. 
Plan (surface view) showing elevations or contours of the ground; pertinent structures, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures of the site, location and elevations of streets, water supply and sanitary facilities; soil types; and other pertinent information.
c. 
Profile showing the slope of the bottom of the channel or flow line of the stream.
d. 
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage of materials, water supply, sanitary facilities, and wetland improvements.
3. 
Transmit one copy of the application and additional information required to the DNR along with a written request to have that agency provide technical assistance to establish floodplain-wetland boundaries and, where applicable, provide regional flood elevation. Where the provisions of Subsection (12)(j)3 apply, the applicant shall provide all required information and computations.
(c) 
Amendment procedure.
1. 
Copies of any amendment proposed to the Village Board shall be referred to the Plan Commission, which shall be forwarded by the secretary of the Plan Commission, together with the first notice of the public hearing thereon, to the main office and appropriate regional office of the DNR within five days of the submission to the Village, and to the FEMA. The amendment procedure shall comply with the provisions of § 62.23, Wis. Stats. No amendment to the text or maps shall become effective until approved by the DNR, the FEMA, and, in the case of map amendments, until an official letter of map amendment has been issued by the FEMA.
2. 
Wetland rezonings.
a. 
If the regional office of the DNR determines that a proposed rezoning may have a significant adverse effect on the wetlands, the DNR shall so notify the Village of its determination either prior to or during the public hearing on the proposed amendment.
b. 
A copy of the Village Plan Commission recommendation on a rezoning shall be mailed to the regional office of the DNR within 10 days of its submission to the Village Board. A copy of the Village Board decision shall be mailed within 10 days of the decision.
c. 
If the DNR notifies the Village Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the wetland criteria, that proposed amendment, if approved by the Village, shall not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the DNR. If, within the thirty-day period, the DNR notifies the Village Board that the DNR intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under § 62.231(6) or 61.351(6), Wis. Stats., the proposed amendment shall not become effective until that ordinance adoption procedure is completed or otherwise terminated. The record of the Village Board decision on the proposed amendment shall advise the petitioner of the provisions of this section.
(17) 
Enforcement and penalties. Any violation of the provisions of Subsections (11) through (18) by any person shall be unlawful and shall be referred to the municipal attorney, who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $10 and not more than $1,000, together with the costs of prosecution. Each day of continued violation shall constitute a separate offense. Every violation of Subsections (11) through (18) is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30, Wis. Stats.
[Added 7-5-2006 by Ord. No. 830; amended 8-19-2008 by Ord. No. 842]
(18) 
Definitions. Unless specifically defined below, or in Chapter 17 of the Village Zoning Code, words or phrases used in Subsections (11) through (18) shall be interpreted so as to give them the same meaning as they have in common law and to give Subsections (11) through (18) their most reasonable application.
[Added 7-5-2006 by Ord. No. 830; amended 8-19-2008 by Ord. No. 842]
ACCESSORY STRUCTURE OR USE
A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.
A-ZONES
Those areas shown on a community's "Official Floodplain Zoning Map" which could be inundated by the base flood or regional flood as defined herein. These areas may be numbered as AE Zones. The AE Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
BASE FLOOD ELEVATION
An elevation equal to that which reflects the height of the base flood.
BASEMENT
Any enclosed area of a building having its floor subgrade, i.e., below ground level, on all sides.
BUILDING
See "structure."
BULKHEAD LINE
A geographic line along a reach of a navigable body of water that has been adopted by a municipal ordinance and approved by the DNR pursuant to § 30.11, Wis. Stats., and which allows complete filling between the bulkhead line and the original ordinary high water mark, except where such filling is prohibited by the floodway provisions of Subsections (11) through (18).
CERTIFICATE OF COMPLIANCE
Certification by the Zoning Administrator that a structure and/or use of development are in compliance with all provisions of Subsections (11) through (18).
CHANNELS
A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
CRAWLWAYS or CRAWL SPACE
An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
DECK
An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
DEPARTMENT or DNR
The Wisconsin Department of Natural Resources.
DEVELOPMENT
Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
DRYLAND ACCESS
A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
ENCROACHMENT
Any fill, structure, equipment, building, use or development in the floodway.
EXISTING MOBILE HOME PARK or MOBILE HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which construction of facilities for serving the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of floodplain management regulations adopted by a community.
EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading or the pouring of concrete pads.
FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY)
The federal agency that administers the National Flood Insurance Program.
FILLED WETLANDS
Any wetlands which were filled prior to the date on which the Village receives final wetland inventory maps from the DNR in a manner which offsets their characteristics as wetlands and not subject to Subsections (11) through (18).
FLOOD FREQUENCY
The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.
FLOOD FRINGE
That portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.
FLOOD HAZARD BOUNDARY MAP
A map prepared by the FEMA, designating areas of special flood hazard within a given community. Flood hazard areas are designated as unnumbered A Zones and do not contain floodway lines or regional flood elevations. Said map forms the basis for both the regulatory and/or the insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
FLOOD INSURANCE RATE MAP
A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
FLOOD INSURANCE STUDY
A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Program, form both the regulatory and the insurance aspects of the National Flood Insurance Program.
FLOOD or FLOODING
A general or temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters; or the unusual and rapid accumulation or runoff of surface waters from any source; or the inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or the sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
FLOODPLAIN, GENERAL
The land which has been or may be hereafter covered by floodwater during the regional flood. It includes the floodway and the flood fringe, and may include other designated floodplain areas for regulatory purposes.
FLOODPLAIN ISLAND
A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
FLOODPLAIN MANAGEMENT
Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
FLOOD PROFILE
A graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
FLOODPROOFING
Any combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the purpose of reducing or eliminating flood damage to properties, water and sanitary facilities, structures and contents of buildings in flood hazard areas.
FLOOD PROTECTION ELEVATION
An elevation of two feet of freeboard above the water surface profile designated for the regional flood.
FLOOD STORAGE
Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
FLOODWAY
The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
FREEBOARD
A factor of safety usually expressed in terms of a certain amount of feet above calculated flood level. Freeboard compensates for many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and aggradation of the river or stream bed.
HABITABLE STRUCTURE
Any structure or portion thereof used or designed for human habitation.
HEARING NOTICE
Publication or posting meeting the requirements of Ch. 985, Wis. Stats. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing, is required. Local ordinances or bylaws may require additional notice, exceeding these minimums.
HIGH FLOOD DAMAGE POTENTIAL
Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
HISTORIC STRUCTURE
Any structure that is either listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
INCREASE IN REGIONAL FLOOD HEIGHT
A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
LAND USE
Any nonstructural use made of unimproved or improved real estate. (Also see "development.")
MOBILE/MANUFACTURED HOME
A structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For the purpose of Subsections (11) through (18), it does not include recreational vehicles or travel trailers.
MOBILE RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as a temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
MUNICIPALITY or MUNICIPAL
The county, city or village governmental units enacting, administering and enforcing Subsections (11) through (18).
NAVD (NORTH AMERICAN VERTICAL DATUM)
Elevations referenced to mean sea level datum, 1988 adjustment.
NAVIGABLE WATERS
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under § 144.26(2)(d), Wis. Stats.,[2] notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 61.351 or 62.221, Wis. Stats., and ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
(a) 
Such lands are not adjacent to a natural navigable stream or river.
(b) 
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching.
(c) 
Such lands are maintained in nonstructural agricultural use.
NEW CONSTRUCTION
For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
NONCONFORMING STRUCTURE
An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of Subsections (11) through (18) for the area of the floodplain which it occupies.
NONCONFORMING USE
An existing lawful use of a structure, building or accessory use which is not in conformity with the provisions of the floodplain zoning ordinance for the area of the floodplain which it occupies.
OBSTRUCTION TO FLOW
Any development which blocks the conveyance of floodwaters such that this development, alone or together with any future development, will cause an increase in regional flood height.
OFFICIAL FLOODPLAIN ZONING MAP
That map, adopted and made part of Subsections (11) through (18), which has been approved by the DNR and the FEMA, and which delineates those areas which would be inundated by the base or regional flood, including but not limited to, numbered and unnumbered A Zones. This map may be a Flood Hazard Boundary Map, Flood Insurance Study Map or approved community floodplain map.
OFFICIAL LETTER OF MAP AMENDMENT
Official notification from the FEMA that a Flood Hazard Boundary Map or Flood Insurance Study Map has been amended.
OPEN SPACE USE
Those uses having a relatively low flood damage potential and not involving structures.
ORDINARY HIGH WATER MARK
The point on the bank or shore up to which the present and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
PERSON
An individual or group of individuals, corporation, partnership, association, municipality or state agency.
PRIVATE SEWAGE SYSTEM
A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
PUBLIC UTILITIES
Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
REASONABLY SAFE FROM FLOODING
Base floodwaters will not inundate the land or damage structures to be removed from the special flood hazard area and any subsurface waters related to the base flood will not damage existing or proposed buildings.
REGIONAL FLOOD
A flood determined to be representative of large floods shown to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year there is a one-percent chance that the regional flood may occur or be exceeded, and if depicted on the FIRM, the RFE is equivalent to the BFE.
SHORELANDS
Lands lying within 1,000 feet from the ordinary high water mark of a lake, pond or flowage, and 300 feet from the ordinary high water mark of a river or stream or to the landward side of the floodplain, whichever distance is greater.
START OF CONSTRUCTION
The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start date" means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STORAGE CAPACITY OF A FLOODPLAIN
The volume of space above an area of floodplain land that can be occupied by floodwater or a given storage at a given time, regardless of whether the water is moving.
STRUCTURE
Any man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
SUBDIVISION
Has the meaning given in § 236.02(12), Wis. Stats.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50% of the equalized assessed value of the structure before the damage occurred.
UNNECESSARY HARDSHIP
Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
VARIANCE
An authorization by the Board of Appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
VIOLATION
The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
WATERSHED
The entire region contributing runoff or surface water to a watercourse or body of water.
WATER SURFACE PROFILE
A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
WELL
An excavation opening in the ground made by digging, boring, drilling, driving or other methods to obtain groundwater regardless of its intended use.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, ditching, tilling, excavation, temporary water level stabilization measures or dike and dam construction in a wetland area.
WETLAND MAPS
That map, adopted and made a part of Subsections (11) through (18), which has been approved by the DNR and stamped "Final" on February 22, 1989. Only those wetlands lying within the one-hundred-year floodplain are controlled by Subsections (11) through (18).
WETLANDS
Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
[2]
Editor's Note: See now § 281.31, Wis. Stats.
(19) 
Special uses.
(a) 
To provide for the location of special classes of uses which are deemed desirable for the public welfare within a given district or districts but which are potentially incompatible with typical uses herein permitted within them, a classification of special uses is established.
(b) 
Uses as enumerated in each district are allowable special uses in such district. An application for special use permit shall be referred to the Village Board and thereafter processed in accordance with the procedure set forth in § 62.23(7)(d), Wis. Stats., and in compliance with § 17.36.
(c) 
Where a building or structure and the use thereof or use of land lawfully exists on the effective date of this chapter (April 8, 1964) or subsequent amendments thereto and such use is classified by this chapter as an allowable special use in the district where it is located, an existing building or structure and the use thereof, or the use of land where no building or structure is involved, compromising such a special use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of such existing legal special uses, including new buildings or structures, additions or enlargements to existing buildings or structures or expansion of use of land where no buildings or structures are involved.
(d) 
In order to preserve the unique character and residential density of the Greendale Center, construction, expansion or major exterior alteration of accessory or principal buildings or structures within such plat shall be special uses in the district where located.
(20) 
Illuminated signs and lighting. No illuminated sign, yard light, aerial light, parking lot or service area light or other illumination shall be permitted or maintained in any district in this chapter unless the same complies with § 15.57 of the Building Code.
(21) 
Odorous matter in all business and manufacturing zoning districts. The following specific standards shall be used in the regulation of odorous matter in all business and manufacturing zoning districts:
[Added 5-20-2008 by Ord. No. 839]
(a) 
No nuisance condition allowed. No odorous emission or other fugitive emission shall be allowed on any premises from any use so as to create nuisance conditions off of the premises as determined by the Village Director of Inspection Services. Any nuisance conditions so created may result in a permit modification(s) to require compliance to control the nuisance.
1. 
For the purposes of this subsection, "fugitive emissions" are defined as emissions that are not released through a vent or stack, such as dust from stockpiles (excluding odor from stockpiles from government-mandated or-encouraged recycling efforts); volatilization of vapor from vats, open vessels, or spills from material handling; emissions from ridgeline roof vents, louvers, and open doors of a building; as well as equipment leaks and leaks from valves and flanges.
2. 
For the purposes of this subsection, "odorous emissions" are defined as emissions, including a release of offensive gases, fumes, and vapors into the atmosphere, which cause unreasonable injury, detriment, nuisance, or annoyance to the public or annoyance to any considerable number of persons, or which may endanger the comfort, repose, health, or safety of any such person or the public, or which may cause, or have a natural tendency to cause, injury, or damage to business or property.
(b) 
Control of emissions of odorous emissions or other fugitive emissions. Any emission of odorous emission or other fugitive emission shall be controlled by:
1. 
Operating all contaminant-generating processes so that odorous emission or other fugitive emission particulate matter associated with the operation or process will be adequately controlled and/or contained.
2. 
Storing collected materials from odorous emission and/or air pollution control equipment in a covered container or other method equally effective in preventing the material from becoming airborne during storage and transfer.
3. 
Afterburners or catalytic incinerators (to oxidize smoke and smell) shall be required to be used for all crematories, coffee roasting operations, or similar processes. Coffee roasting operations or similar processes shall be required to reach a minimum temperature of 1,350° F.
4. 
Each coffee roaster or similar device shall be equipped with afterburners or catalytic incinerators (to oxidize smoke and smell) which shall be capable of reducing uncontrolled emissions of volatile organic compounds (VOCs) by a minimum of 95%.
5. 
Each coffee roasting and destoning equipment and similar processes shall be equipped with a cyclone collector(s) capable of reducing uncontrolled emissions of particulate matter by at least 70% by weight.
(c) 
Equipment maintenance and process efficiency for control of emissions of odorous emissions or other fugitive emissions.
1. 
All air-contaminant-generating processes (such as, but not limited to, crematories, coffee roasters, coffee destoners, afterburners, catalytic incinerators, cyclone collectors, etc.) shall be maintained and operated at all times at full efficiency and effectiveness such that odorous emission, or other fugitive emission particulate matter, or other air contaminants are removed at the maximum design capacity of the air-contaminant generating processes.
2. 
All crematories, coffee roasters, coffee destoners, afterburners, catalytic incinerators, cyclone collectors, etc. shall be operated and maintained according to the manufacturer's recommendations.
3. 
A written operation and maintenance plan that includes a protocol to assure that all air-contaminant-generating processes (such as, but not limited to, crematories, coffee roasters, afterburners, catalytic incinerators, etc.) are maintained, cleaned, and operated at all times at full efficiency and effectiveness such that odorous emission, or other fugitive emission particulate matter, or other air contaminants are removed at the maximum design capacity of the air-contaminant-generating processes shall be required by the Village Director of Inspection Services. Said written operation and maintenance plan shall be submitted to the Village Director of Inspection Services within forty-five (45) days of such request being made by the Village Director of Inspection Services.
(d) 
Compliance. The Village Director of Inspection Services may require the following:
1. 
The testing of all or any crematories, coffee roasters, coffee destoners, afterburners, catalytic incinerators, cyclone collectors, etc. to assure compliance with Village regulations. Said testing shall be conducted under full capacity and full operating conditions and as deemed necessary and under the conditions directed by the Village Director of Inspection Services. Such testing shall be conducted by a tester which is either selected by the Village Director of Inspection Services or a tester selected by the property owner as may be approved by the Village Director of Inspection Services. Such testing shall be conducted within 10 days of written notification to the property owner by the Village. A written report of all such testing shall be delivered to the Village Director of Inspection Services within 10 days of the conclusion of said testing. The costs of all such Village required testing shall be borne by the property owner plus 5% for Village administration costs, payable in full to the Village within 45 days of the conclusion of any such testing.
2. 
The installation of additional odorous emission control(s) and/or odorous emission control system(s) modification on any premises deemed by the Village Director of Inspection Services to pose public nuisance conditions regarding odorous emissions so as to reduce nuisance conditions off of the premises and to promote the purpose and intent of the Village Zoning Code as set forth under § 17.02, Purpose and intent of the Village Zoning Code.
(e) 
Additional standards. Those additional requirements and standards as set forth in Chapter 10, Public Nuisances, of the Municipal Code of the Village of Greendale shall also be applicable.
(1) 
Definitions. As used in this section, the following terms shall have the meaning indicated:
COLLECTOR STREET
A street located and designed primarily to connect a small number of residential streets to traffic streets or to provide nonresidential uses with access to traffic streets.
CUL-DE-SAC
A residential street running into a dead end.
LOOP STREET
The connecting dead-end street between the ends of two residential streets.
REGIONAL TRAFFIC STREET
A state or county highway or any other street commonly used by traffic passing through the Village.
RESIDENTIAL STREET
A street located and designed primarily for vehicular access to the fronts of residential use.
SERVICE DRIVE
A drive paralleling a regional traffic street used to provide front lot access without vehicular ingress to or egress from the adjacent major traffic thoroughfares.
SERVICE LANE
A lane located and designed primarily for vehicular access to the rear or side of lots.
VILLAGE TRAFFIC STREET
A Village street located and designed primarily for the movement of vehicles from one part of the Village to another or to regional traffic streets.
(2) 
Street widths.
(a) 
Service lanes and drives shall have a minimum width of 20 feet.
(b) 
Residential streets and culs-de-sac shall have a minimum width of 50 feet, except that:
1. 
Loop streets shall have a minimum width of 40 feet.
2. 
Culs-de-sac less than 500 feet in length shall have a minimum width of 40 feet.
(c) 
Collector streets shall have a minimum width of 60 feet.
(d) 
Village traffic streets shall have a minimum width of 80 feet.
(e) 
Regional traffic streets shall have a minimum width of 90 feet.
(1) 
Scope of regulations. The off-street parking and off-street loading provisions of this section shall apply as follows:
(a) 
Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this section for all buildings and structures erected and all uses of land established in each district after the effective date of this chapter (April 8, 1964). However, where a building permit has been issued prior to such effective date, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of such building permit may be provided in lieu of any different amounts required by this chapter.
(b) 
When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement in the amount specified in this section requiring parking or loading facilities, such additional parking and loading facilities shall be provided.
(c) 
Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this chapter (April 8, 1964), additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this chapter.
(2) 
Existing parking facilities. Accessory off-street parking facilities in existence on the effective date of this chapter (April 8, 1964) shall not hereafter be reduced below, or if already less than shall not be further reduced below, the requirements for a similar new building or use under the provisions of this chapter.
(3) 
Permitted parking and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design and operations of such facilities are adhered to.
(4) 
Damage or destruction. For any conforming or nonconforming building or use which is in existence on the effective date of this chapter (April 8, 1964) which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause and which is reconstructed, reestablished or repaired, off-street parking or loading facilities need not be provided, except that such parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, it shall not be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.
(5) 
Control of off-site parking facilities. Where parking facilities are permitted on land other than the lot on which the building or use served is located, such facilities shall be in the same possession as the lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or long-term lease, the term of such lease to be determined by the Village Board. The owner of the land on which the parking facilities are to be located shall be bound by covenants, filed on record in the office of the Recorder of Deeds of Milwaukee County or Village Clerk-Treasurer of Greendale, Wisconsin, requiring such owner or his heirs and assigns to maintain the required number of parking facilities for the duration of the use served or of the lease, whichever shall terminate sooner.
(6) 
Off-street parking. Off-street parking facilities for motor vehicles shall be provided in accordance with the following regulations:
(a) 
Use. Accessory off-street parking facilities required as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants or employees. (When bus transportation is provided for patrons, occupants or employees of a specific establishment, additional open or enclosed off-street parking spaces for each bus to be parked on the premises shall be provided in accordance with regulations herein for access, in yards, design and maintenance and area applicable to accommodating such buses.)
(b) 
Exemption. When the application of the off-street parking regulations specified hereinafter results in a requirement of not more than three spaces on a single lot in any business district, such parking spaces need not be provided. However, where two or more uses are located on a single lot, only one of these uses shall be eligible for the above exemption. This exemption shall not apply to dwelling units.
(c) 
Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded while a fraction in excess of 1/2 shall be counted as one parking space.
(d) 
Collective provisions. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Zoning Board of Appeals in accordance with procedures set forth in § 17.33.
(e) 
Area. A required off-street parking space shall be at least nine feet in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Enclosed parking spaces shall have a vertical clearance of at least seven feet.
(f) 
Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which shall least interfere with traffic movement. No driveway across a public property at the right-of-way line shall exceed 25 feet in width. A driveway serving a one- or two-family residence shall not exceed 20 feet in width within the required front yard. An additional 10 feet of driveway width shall be allowed for each fully enclosed parking space in excess of two feet but only within 30 feet abutting the residence used for maneuvering into and out of this enclosed parking space.
[Amended by Ord. No. 491]
(g) 
In yards. Driveways within front yards are considered a means of providing access to parking stalls and may be used for overnight parking of cars or other vehicles. Vehicles may be stored in either an enclosed building or on any part of the residential lot to the rear of the front or side street building line but not within the required side yard nor within 10 feet of the rear or side lot lines within the rear yard.
(h) 
Design and maintenance.
1. 
Accessory parking spaces may be open to the sky or enclosed in a building.
2. 
Surfacing. All open off-street parking areas containing more than four parking spaces shall be improved with a compacted base and a permanent wearing surface as approved by the Director of Public Works.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
3. 
Screening and landscaping. All open off-street parking areas containing more than four parking spaces located less than 40 feet from the nearest property line of a lot in a residence district shall be effectively screened on each side adjoining or fronting on such property line by a wall or fence not less than five feet nor more than six feet in height or densely planted compact hedge not less than five feet in height.
4. 
Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties to not create a nuisance, and in a parking area containing four or more parking spaces such lighting shall be extinguished 1/2 hour after the close of business, except as may otherwise be permitted or required by the Zoning Board of Appeals for maintaining illumination after the time specified above.
5. 
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities.
(i) 
Location. All parking spaces required to serve buildings or uses erected or established after the effective date of this chapter (April 8, 1964) shall be located on the same lot as the building or use served. Buildings or uses existing on the effective date which are subsequently altered or enlarged so as to require the provision of parking spaces under this chapter or new uses established in any business district may be served by parking facilities located on land other than the lot on which the building or use served is located, provided that such facilities are within 500 feet walking distance of the main entrance to the use served and located in a district where off-street parking areas are listed as permitted or special uses.
(j) 
Employee parking. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing on the premises at any one time.
(k) 
Required spaces. The minimum number of off-street parking spaces accessory to designated uses shall be provided as follows:
1. 
Dwelling and lodging uses.
a. 
Lodging houses: two parking spaces plus one parking space for each two lodging rooms.
b. 
Hotels and apartment hotels: one parking space for each two separate lodging rooms and one parking space for each dwelling unit.
c. 
Motels: one parking space for each dwelling unit and one parking space for each lodging room.
d. 
Multiple-family dwellings: 1 1/2 parking spaces for each dwelling unit.
e. 
Single-family dwellings: one enclosed parking space for each dwelling, but not more than five parking spaces for each single-family dwelling and not more than two of these shall be open spaces.
[Amended by Ord. No. 659]
f. 
Two-family dwellings: one parking space, but not more than two for each dwelling unit.
2. 
School, institution, auditorium or other places of assembly uses.
a. 
Churches: one parking space for each six seats or 120 inches of seating space in the principal sanctuary.
b. 
Colleges, junior colleges and universities: one parking space for each six students, based upon the maximum number of students that can be accommodated in accordance with design capacity.
c. 
Nursing homes, rest homes, and institutions for the care of the aged and for children: one parking space for each two beds, plus one parking space for each two employees and one parking space for each doctor assigned to the staff.
d. 
Gymnasiums, stadiums and grandstands: one parking space for each four seats or for each 80 inches of seating space.
e. 
Hospitals: one parking space for each two hospital beds, plus one parking space for each two employees and one parking space for each doctor assigned to the staff.
f. 
Libraries and museums: one parking space for each 800 square feet of floor area.
g. 
Meeting halls: one parking space for each four seats in accordance with design seating capacity.
h. 
Private clubs and lodges: one parking space for each lodging room and one parking space for each four seats in accordance with design seating capacity of the main meeting room.
i. 
Schools, commercial, trade, music, dance or business: one parking space for each two employees, plus one space for each four students, based on the maximum number of students that can be accommodated in accordance with such design capacity.
j. 
Schools, high, public or private: one parking space for each seven students based on the maximum number of students that can be accommodated in accordance with the design capacity of the building.
k. 
School and other institutional auditoriums: one parking space for each two persons employed on the premises and one additional parking space for each four seats or for each 80 inches of seating space in the main auditorium or assembly hall.
l. 
Schools, nursery, elementary or junior high, public or private: one parking space for each faculty member and each other full-time employee.
3. 
Recreational uses.
a. 
Bowling alleys: seven parking spaces for each lane plus such additional spaces as may be required herein for affiliated uses such as restaurants and the like.
b. 
Health salons, swimming pools and skating rinks: one parking space for each three persons, based upon the maximum number of persons that can be accommodated at the same time in accordance with such design capacity, and one parking space for each two employees.
c. 
Parks, recreation areas or community centers, private, semipublic or public: one parking space for each two employees, plus spaces in adequate number as determined by the Plan Commission to serve the visiting public.
4. 
Business, commercial and manufacturing uses.
a. 
All business and commercial establishments, except those specified hereafter: one parking space for each 300 square feet of floor area.
b. 
Automobile service stations: one parking space for each employee, plus two for each service stall.
c. 
Banks: one parking space for each 400 square feet of floor area.
d. 
Cartage, express and parcel delivery establishments: one parking space for each employee employed on the premises and one parking space for each vehicle maintained on the premises.
e. 
Drive-in-type business establishments: reservoir standing spaces equal in number to 15% of the number of vehicle spaces used for serving customers.
f. 
Establishments handling the sale and consumption on the premises of food and refreshment: one parking space for each 150 square feet of floor area.
g. 
Furniture and appliance stores, motor vehicle sales, wholesale stores, for repair of household equipment or furniture: one parking space for each 400 square feet of floor area.
h. 
Manufacturing, processing, assembly, disassembly, cleaning, servicing, testing or repairing of materials, goods or products: one parking space for each two employees or for each 600 square feet of floor area, whichever requires the greater number of parking spaces.
i. 
Office, private, public or institutional: one parking space for each two persons employed based upon the designed maximum employee capacity of the building, except for a suite of rooms as required herein for medical and dental clinics shall apply.
j. 
Medical and dental clinics: three parking spaces for each examining and treatment room, plus one parking space for each doctor and employee in the building.
k. 
Theaters: one parking space for each four seats up to 400 seats, plus one parking space for each six seats over 400.
l. 
Undertaking establishments and funeral parlors: eight parking spaces for each chapel or parlor, plus one parking space for each funeral vehicle maintained on the premises.
m. 
Warehouse, storage, wholesale and mail order establishments: one parking space for each employee and one parking space for each vehicle maintained on the premises.
5. 
Miscellaneous uses.
a. 
Planned developments: the number of parking spaces in accordance with the required spaces for each individual use.
b. 
Public utility and governmental service uses: one parking space for each two employees, plus spaces in adequate number as determined by the Plan Commission to serve the visiting public.
6. 
Other uses. Parking spaces for other permitted or special uses not listed above shall be provided in accordance with requirements designated by the Plan Commission.
7. 
Off-street loading. Off street loading berths accessory to designated uses shall be provided as follows:
a. 
Location. All required loading berths shall be located on the same lot as the use served. All motor vehicle loading berths which abut a residence district or intervening alley separating a residence district from a business, office-research or manufacturing district shall be completely screened therefrom by building walls or a uniformly painted solid fence, wall or door or any combination thereof not less than eight feet in height. No permitted or required loading berth shall be located within 40 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front or side yard, and any loading space located in a required rear yard shall be open to the sky.
b. 
Area. Unless otherwise specified, a required off-street loading berth shall be at least 12 feet in width by at least 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.
c. 
Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which shall least interfere with traffic movement.
d. 
Surfacing. All open off-street loading berths shall be improved with a compacted base and a permanent wearing surface as approved by the Village Manager.
e. 
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities.
f. 
Utilization. Spaces allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
g. 
Minimum facilities. Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive, or open space on the same lot.
h. 
Nonresidential. The minimum number of off-street loading berths accessory to nonresidential uses in residence districts and in business and office-research districts for such uses that are also permitted or special uses in residence districts shall be as follows: one loading berth for buildings containing 10,000 to 40,000 square feet of gross floor area, plus one additional loading berth for each additional 40,000 square feet of gross area or fraction thereof. Such additional loading berths shall be at least 12 feet wide by 50 feet in length.
i. 
Minimum number. The minimum number of off-street loading berths accessory to uses in the business, office-research and manufacturing districts shall be in accordance with the following schedule:
Floor Area of Establishment
(square feet)
Required Number
Minimum Size
(feet)
Minimum Vertical Clearance
(feet)
5,000 to 10,000
1
10 x 35
12
10,000 to 25,000
2
10 x 35 each
12
25,000 to 40,000
2
12 x 50 each
14
40,000 to 100,000
3
12 x 50 each
14
For each additional 100,000 square feet of gross floor area or fraction thereof over 100,000 square feet of gross floor area, one additional loading berth. Such additional loading berth shall be at least 12 feet in width by 50 feet in length.