Bayside Village City Zoning Code

ARTICLE III

Districts

§ 125-88 Listed.

[Code 1967, § 22.03; Code 1997, § 106-191; Ord. No. 16-661, 2-25-2016]

The village is hereby divided, for the purpose of location of buildings, into an "A" residence district, "B" residence district, "C" residence district, "D" business district, "D-1" business district, "E" institutional district, "F" office-research park district, "G" nature center district, "PD/O-R" planned development overlay/office research park district, and "P" park district, such districts being as shown and indicated on a map of the village entitled "Official Zoning Map of the Village of Bayside," such map being on file in the office of the village clerk and by this reference made a part of this chapter. In addition, floodplain districts in the village are hereby established in accordance with the provisions of section 110-1.

(b)

The district boundaries are either lot lines, the centerline of streets or alleys, or the extension thereof, and where the district designated on the official zoning map that is a part of this chapter are approximately bounded by lot lines, streets or alleys, the lot lines or centerlines of such streets or alleys or the extension thereof shall be considered to be the district boundaries. Where the district boundaries are not shown as being either lot lines, streets or alleys or the extension thereof, unless otherwise indicated, they shall be construed to be parallel to and 120 feet from the nearest street; provided that, if a lot line or an alley shall hereafter be platted and recorded paralleling and within 30 feet of such district boundary, such lot line or centerline of such alley shall thereupon be construed as the district boundary. In such cases where a district boundary line divides a lot in single ownership, and where the majority of such lot is in the district requiring the lesser restrictions, these restrictions shall prevail for the entire lot, provided the area of the land located in the district with the greater restrictions does not exceed the open area requirements of said district for the erection of the proposed building.

§ 125-89 "A" residence district regulations.

[Code 1967, § 22.04; Code 1997, § 106-192; Ord. No. 98-420, 7-1-1998; Ord. No. 01-483, 8-1-2001; Ord. No. 03-517, 10-2-2003]

(a)

Permitted uses. In an "A" residence district no building or premises, unless otherwise provided in this chapter, shall be erected or used, except as a single-family dwelling, together with accessory uses incidental thereto, provided always the accessory use does not constitute or become a public or private nuisance. Boathouses may be located within a shore yard but shall be no closer than five feet from the ordinary high-water mark of the stream, lake, pond or wetland. In no case shall boathouses be located below a high-water elevation, nor shall boathouses be used for human habitation. Boathouses shall not exceed one boathouse for each shoreland lot; shall not exceed a height of 15 feet above adjacent existing grade; shall not exceed 500 square feet in horizontal area covered and shall not be closer than three feet to any side lot line. The maintenance and repair of nonconforming boathouses that extend beyond the ordinary high-water mark of any navigable water shall be required to comply with Wis. Stats. § 30.121.

(b)

Areas. In an "A" residence district, no building may be erected, enlarged or altered except in accordance with section 125-3(b) and as follows:

(1)

The lot area of a lot on which a dwelling is erected or proposed to be erected, together with the area of abutting land reserved for highway purposes, whether private or public, to the centerline thereof, shall not be reduced to less than 40,000 square feet for each family.

(2)

A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereafter provided for.

(3)

Every building shall be set back from the centerline of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the official zoning map; except that the following reductions may be made from the setbacks specified on the official zoning map:

Five feet when depth of lot is more than 80 feet but less than 90 feet;

Ten feet when depth of lot is more than 70 feet but less than 80 feet;

15 feet when depth of lot is 70 feet or less;

however, no setback will be less than 15 feet plus half the width of the abutting road or area reserved for highway purposes.

(4)

A side yard of not less than 20 feet shall be provided for on each side of every building; except that in the case of lots less than 100 feet in width, measured at the narrowest place adjacent to the location of the dwelling, the side yard may be reduced by a quarter of the difference between the width and 100 feet; however, the side yard shall in no event be less than 15 feet.

(5)

A rear yard of not less than 20 feet shall be provided for every building.

(6)

No lot shall be created, nor certified survey map or subdivision plat approved after the effective date of the ordinance from which this subsection is derived if the lot frontage is less than 85 feet. Special exceptions may be permitted pursuant to section 125-9 to conform with cul-de-sac design or when considered in the total street design. All lots existing as of the effective date of the ordinance from which this subsection is derived which do not satisfy this requirement shall constitute non-conforming lots under section 125-5(b) for any use permitted or conditional for so long as such lots exist as separate lots on a certified survey map or subdivision plat.

§ 125-90 "B" residence district regulations.

[Code 1967, § 22.05; Code 1997, § 106-193; Ord. No. 98-420, 7-1-1998; Ord. No. 01-483, 8-1-2001]

(a)

Permitted uses. In a "B" residence district no building or premises, unless otherwise provided in this chapter, shall be erected or used, except as a single-family dwelling, together with accessory uses incidental thereto, provided always the accessory use does not constitute or become a public or private nuisance.

(b)

Areas. In a "B" residence district, no building may be erected, enlarged or altered except in accordance with section 125-3(b) and as follows:

(1)

The lot area of a lot on which a dwelling is erected or proposed to be erected shall not be reduced to less than 22,000 square feet for each family.

(2)

A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereafter provided for.

(3)

Five feet when depth of lot is more than 80 feet but less than 90 feet;

Ten feet when depth of lot is more than 70 feet but less than 80 feet;

15 feet when depth of lot is 70 feet or less;

however, no setback will be less than 15 feet plus half the width of the abutting road or area reserved for highway purposes.

(4)

A side yard of not less than ten feet shall be provided for on each side of every building.

(5)

A rear yard of not less than 20 feet shall be provided for every building, except one of not less than ten feet shall be provided for a building used for or classified as an accessory use.

(6)

Lot frontage shall be not less than 85 feet. Exceptions may be permitted to conform with cul-de-sac design or when considered in the total street design.

§ 125-91 "C" residence district regulations.

[Code 1967, § 22.06; Code 1997, § 106-194; Ord. No. 98-420, 7-1-1998; Ord. No. 01-483, 8-1-2001]

(a)

Permitted uses. In a "C" residence district no building or premises, unless otherwise provided in this chapter, shall be erected or used, except for single-family dwellings and schools and municipal buildings, together with accessory uses incidental thereto, provided always the accessory use does not constitute or become a public or private nuisance.

(b)

Areas. In a "C" residence district, no building may be erected, enlarged or altered except in compliance with front, side and rear setbacks as herein specified:

(1)

Every lot in a "C" residence district shall have a frontage of at least 85 feet.

(2)

A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereafter provided for.

(3)

Five feet when depth of lot is more than 80 feet but less than 90 feet;

Ten feet when depth of lot is more than 70 feet but less than 80 feet;

15 feet when depth of lot is 70 feet or less;

however, no setbacks shall be less than 15 feet plus half the width of the abutting road or area reserved for highway purposes.

(4)

A side yard of not less than ten feet shall be provided for on each side of every building.

(5)

A rear yard of not less than 20 feet shall be provided for every building, except one of not less than ten feet shall be provided for a building used for or classified as an accessory use.

§ 125-92 Brown Deer Road overlay use, "C" residence district.

[Code 1967, § 22.068; Code 1997, § 106-196; Ord. No. 01-483, 8-1-2001]

(a)

Intent. The regulations of the Brown Deer Road overlay district are intended to permit two-family unit townhouses in a certain portion of the "C" residential district to allow for greater flexibility, variety of use and design freedom than would be permitted by the standard application of the "C" district regulation providing for single-family detached dwellings. The overlay use is appropriate for tracts of land within the area of suitable size and appropriate location, and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically satisfying and desirable development than would result from the application of the basic "C" district controls, and in such a way do not adversely affect property values and character of the neighborhood.

(b)

Overlay area. This section shall apply only to that portion of the "C" residential district situated on the south side of West Brown Deer Road commencing with and including the property legally described as lot 3, block 5, Fox Point Manors Subdivision, and west along the south side of Brown Deer Road to and including the property legally described as the north 280 feet of the East 136 feet of the west½ of the northeast¼ of Section 8, Township 8, Range 22 east.

(c)

Permitted uses. In addition to the uses permitted by the underlying "C" residential district, two-family unit townhouses of appropriate quality and character shall be permitted. Single-family residences shall not be permitted on the same lot or parcel of land with townhouses constructed under this section.

(d)

Application of regulations.

(1)

The regulations herein set forth shall be made effective as an "overlay" of permitted townhouse residential use upon the basic "C" district.

(2)

The uses and structures as permitted and regulated by the basic "C" zoning district shall continue to be subject to the regulations established for the district.

(3)

Uses and structures in an overlay use shall not be subject to the specific requirements of the underlying basic "C" district, but shall be subject to the regulations hereinafter set forth governing such project.

(4)

Normal standards relative to road design or other engineering matters may be modified in an overlay use consistent with good engineering practice.

(e)

Procedure.

(1)

Pre-petition conference. Prior to official submission of a petition for consideration of an overlay use project, the petitioner may and is urged to meet with the plan commission for a preliminary discussion as to the scope and nature of the proposed development.

(2)

Petition. The petition shall be made to the village board by the owner, or his or her agent, of property proposed for such development, for the approval of a specific project plan under the provisions of these regulations. Such petition shall be accompanied by a fee of such amount as established by the village board from time to time by ordinance or resolution and the following information:

A statement describing the general character of the intended development along with such other information as would be pertinent to a determination as to the suitability and desirability of granting the proposed overlay use on the particular site.

A general development plan of the project showing at least the following information and such additional information as may be required by the plan commission in sufficient detail to allow the plan commission and the village board to apply the criteria for approval as hereinafter set forth:

An accurate map of the project area, including its relationship to surrounding properties.

Statistical data on total size of the project area, area of open space, proposed number of residential units, population analysis, market analysis, economic analysis, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of public and private roads, driveways and parking facilities, and intended design standards.

The size, arrangement and location of lots or of proposed building groups.

The type, size and location of structures.

The location of sewer and water facilities.

Architectural drawings and sketches illustrating the design and character of proposed structures.

The location of recreational and open space area.

Detailed landscape treatment.

10.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes with contours of not more than two-foot intervals.

A general summary of financial factors such as value of structures, estimated improvements costs, amount proposed for landscaping and special features, estimated sale or rental price and total anticipated development cost of the project.

(3)

Referral to plan commission. Such petition may be rejected or referred by the village board of the plan commission for study and investigation. The plan commission shall thereafter make its recommendation to the village board as to the appropriateness and desirability of the proposed development plan, and any changes or additional conditions applicable to such plans which it may feel necessary or appropriate.

(4)

Public hearing. Upon receipt of the plan commission's recommendation, the village board shall hold a public hearing on the proposal before granting such petition. Notice for such hearing shall include reference to the consideration of the specific proposed project development plans.

(f)

Basis for approval. The plan commission in making its recommendations and the village board in making its determination shall give consideration and satisfy themselves as to the following:

(1)

That the proposed development is consistent with the spirit and intent of this chapter, is compatible with the general character of the village, and would not be contrary to the general welfare and economic prosperity of the village or of the immediate neighborhood, but rather that the benefits from improved design of the resultant development justify the variation from the normal requirements of basic "C" zoning district through the approval of an overlay use.

(2)

That the proponents of the proposed development have demonstrated that they intend to commence and complete construction within a reasonable period following the approval of the project, that the project appears economically sound, and that the proponents of the proposed development have the financial capacity to carry out the project as proposed.

(3)

That the size, quality and architectural design of all buildings within the project will be compatible with the general character of the village and specifically to the surrounding neighborhood.

(4)

That the specific project plans have been prepared with competent professional advice and guidance.

(5)

That setbacks shall be maintained along any boundary street of the project area as required by the basic zoning district.

(6)

That no building shall be permitted closer to a side or rear boundary line of the project area than permitted by the applicable side or rear yard requirements of any adjoining zoning district abutting along a side or rear property line of the project.

(7)

The maximum coverage of land by buildings or structures shall not exceed 40 percent of the land in the project development.

(8)

Buildings or structures shall not exceed two stories in height.

(9)

Each building shall be designed to provide living space for not more than two families.

(10)

No living area shall be permitted below ground level.

(11)

The minimum size of each building shall be 1,200 square feet per dwelling unit or a total of 2,400 square feet per building. In addition, an attached garage shall be required providing space for four automobiles with a minimum size of 968 square feet or 484 square feet for each unit. The minimum building and attached garage sizes as established by this section shall supersede those specified at section 125-3 insofar as section 125-3 may conflict with this section. Each two-family dwelling shall require a minimum of 12,000 square feet of land area.

(12)

If the total land area exceeds 24,000 square feet, a minimum of two buildings shall be required; and if the total land area exceeds 36,000 square feet, a minimum of three buildings shall be required.

(13)

In the case of all proposed developments:

That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character of the village and where the economic impact of the development, property values and service demands are substantially as beneficial to the community as that which could be anticipated under the basic zoning.

That the development will not substantially alter adversely the impact upon school or other municipal service requirements as anticipated under the basic zoning.

That the project will not create traffic beyond the capacity of the street system to serve it, and shall provide adequate off-street parking based upon the need generated by the development.

That the total average residential density of the overlay use based upon the specific design characteristics of the development proposed will be compatible with the previously stated intent;

That the plan would result in the preservation of open land in a manner which would enhance the total environmental setting and desirability of the development and compensate for any reduction in individual lot area requirements that is allowed.

That the common open area to be reserved shall be protected against building development by conveying to the village as part of the conditions for project approval an open space easement over such common open areas restricting them against any future building or use except as is consistent with that of providing natural or landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the village board following approval of building, site and operational plans by the plan commission and the architectural review committee.

(14)

In the case of proposed residential condominium developments:

The care and maintenance of such common open space reservations shall be ensured by establishment of appropriate management organization for the project.

Ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

(g)

Determination. The village board may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the specific project development plan.

(1)

The approval of an overlay use shall be based on and include as conditions thereto the building, site and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character or other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the plan as approved. Detailed construction and engineering need not necessarily be completed at the time the project is approved, but the approval of such preliminary plans are conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

(2)

The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development plan approval.

(3)

Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial, it may recommend approval to the village board. If such change or addition is construed to be substantial, a public hearing may be held prior to affirmative action by the village board on such recommendation.

(4)

Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charge of noncompliance. If the plan commission finds the charges substantiated, they shall then submit to the village board recommendations as to specific steps to be taken to terminate the development as rapidly as possible if the situation is not satisfactorily adjusted within a specific period. Such a termination should be in a manner that will achieve the maximum degree of the intended development objectives consistent with environmental compatibility to the neighborhood and with the general welfare of the community.

§ 125-93 Planned residential development district regulations.

[Code 1967, § 22.07; Code 1997, § 106-197; Ord. No. 22-735, 7-21-2022]

(a)

Definition. A planned residential development district is an alternative residential district which applies to any territory of over ten acres that is wholly owned by one person or legal entity. Such planned residential district gives no automatic right to landowners but only the right to apply in the manner provided below for discretionary approval by the village board of a planned residential development. The board may approve such a plan only if the proposed development and application conform to this section. The landowner may develop his or her land according to the regulations of the underlying residential district.

(b)

Purpose and intent. The purpose of the planned residential development district is to encourage future development of large tracts of vacant land in a manner that will be more in the public interest than is likely to occur for development under the existing basic residence district regulations. Those basic regulations give an economic incentive to the owner to utilize all land, including natural growth of trees and other aesthetically attractive open spaces that might better be preserved in their present state. A planned residential development, because of its flexibility, is more likely to conserve land through the setting aside of open space areas as private or public parks, to create attractive recreational facilities, such as swimming pools and tennis courts, to lead to the installation of more and better utility services, such as communal water systems, and to save in maintenance and capital expenditures for roads, sewers and water mains on a per-homesite basis. All the advantages of planned development tend to encourage and enable the owner to prepare a more attractive development and thereby strengthen the tax base of the village and property values in the neighborhood surrounding the future development. The planned development, by requiring discretionary village approval, encourages the owner to exhibit a degree of quality in design and aesthetics not universally attainable under orthodox zoning regulations.

(c)

Relationship to basic residential district. The regulations of the underlying residential district shall apply in any planned residential development that shall be approved by the village board except that the board may, in its approval of the proposed planned residential development, permit exceptions from those regulations in the following respects:

(1)

Uses.

Permit the single-family dwelling and accessory uses permitted in the underlying existing residential zoning district plus such uses as a community swimming pool, recreational area and other similar uses designed as an accessory amenity to the planned development.

Such similar uses may include a clubhouse or other facility in which vending machines and other limited commercial uses might be operated primarily for the benefit of the residents and guests of the planned residential development.

Multiple dwelling units, including, but not limited to, apartments and townhouses, are prohibited.

(2)

Density. Permit a density of dwelling units per acre which is compatible with that resulting from the typical development of the same area in accordance with the regulations of the underlying residential district, and more specifically measured as follows:

Underlying Basic Zoning District	Maximum Number of Dwelling Units per Gross Acre
"A" residence district	1
"B" residence district	2
"C" residence district	3

(3)

Building location. Permit exceptions from the specific building location, size, height, yards, lot size and open space requirements of the underlying basic district; setbacks shall be maintained along any boundary street of the project area as required by the existing zoning district and no dwelling, outbuilding or ancillary structure of any type shall be permitted closer to a side or rear boundary lot line of the project area than allowed by the applicable side or rear yard requirement of the adjoining zoning district, and no recreational center, recreational facility, building or structure of any type that is not a dwelling, shall be permitted closer to a side or rear boundary lot line of the project area than the normal depth of a single residential dwelling lot that would be permitted under the adjoining zoning district.

(4)

Height. Permit exception to the height limitation of the underlying residential district to the extent that the building is set back from the boundary of the project area a distance equal to its height.

(5)

Street design. Permit variations in the village's existing requirements for road design and other engineering matters, including the use of measures to reduce the impact of stormwater runoff, to the extent that it is consistent with good engineering practice.

(d)

Procedure.

(1)

Petition. The owner who proposes village approval of a planned residential development shall submit a petition in triplicate to the village board, together with fees in such amounts as established by the village board from time to time by ordinance or resolution. The petition shall contain, but not be limited to, the following information:

Names and addresses of the owner, architect, planner, engineer, attorney and any other professional advisers who assisted in preparing the proposed development.

A legal description of the proposed project area, together with an accurate map showing its relationship to surrounding properties.

Names and addresses of all opposite and abutting property owners of record.

Maps and plans showing the proposed planned residential development plan, including the pattern of public and private roads, driveways, parking facilities, recreational facilities, private or public parks, and the size, arrangement and location of lots, the location of sewer and possible water facilities, and the existing topography and storm drainage system, showing basic topographic changes.

Statistical data on the total size of project area, area reserved for open space, density computation, and proposed number of residential units.

General outline of the manner by which any privately owned open space will be maintained and by which aesthetic and other similar controls will be enforced, together with the provision for services which may be supplied by a homeowners' association.

A general summary of the financial factors, such as total anticipated cost of the development of the project, the estimated selling price for individual lots, the estimated cost of landscaping, and other improvements.

(2)

Referral to plan commission. The petition shall be referred to the plan commission for study, including an informal hearing if deemed necessary. The plan commission may request additional information related to determining whether the proposed plan is in accord with the requirements and spirit of this chapter. The plan commission shall make a recommendation to the village board, which may include recommendation for changes or additional conditions in the proposed plan.

(3)

Public hearing. Upon the receipt of the plan commission's recommendation, the village board shall, before taking affirmative action to approve the proposed planned residential development, hold a public hearing on the proposal. Notice of such hearing shall include a reference to the specific proposed project's development plans. The public hearing shall be in compliance with state statutes then applicable.

(e)

Basis for approval. The plan commission in making its recommendations and the village board in making its determination shall give consideration to and satisfy themselves on each of the following:

(1)

That the proposed development complies with the requirements of subsections (c) and (d) of this section.

(2)

That such development will create an attractive residential environment:

That is likely to remain attractive for some time in the future;

That is compatible with the character of the village; and

The economic impact of which in terms of income levels, property values, and service demands is substantially as beneficial to the community as that which could be anticipated under the existing zoning.

(3)

That the project will not create traffic or parking demands substantially greater than that anticipated under the existing zoning.

(4)

That the proponents of the proposed development have demonstrated that they will start construction within a specified period of time following the approval of the project, that the project appears economically sound, that the proponents of the proposed development have the financial capacity to carry out the project as proposed and furnish proof thereof to commence and complete construction within a time specified by the board of trustees from date of approval.

(5)

That the plan would result in the preservation of open land in a manner that would enhance the total environmental setting and desirability of the development and compensate for any reduction in individual lot area requirements which are allowed.

(6)

That adequate guarantee is provided for permanent preservation of the residual common open land area resulting from the application of these regulations by private reservation as an enhancement to the development.

(7)

That the common open area to be reserved shall be protected against building development by conveying to the village as part of the conditions for project approval an open space easement over such common open areas, restricting them against any future building or use except as is consistent with that of providing natural or landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the village board following recommendation of building, site, and operational plans by the plan commission.

(8)

That the care and maintenance of such common open space reservations shall be ensured either by establishment of an appropriate management organization for the project or by agreement with the village for establishment of a special service district for the project area on the basis of which the municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case the village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary, if it is not otherwise taken care of to the satisfaction of the village. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the conveyance of each property.

(9)

That the ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

The village board may require bonds and other sureties for all or any part of the development to ensure implementation of the completion of the project as approved.

(f)

Determination. The village board after due consideration may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the specific project development plan.

(1)

The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan approval.

(2)

Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial it may recommend approval to the village board. If such change or addition is construed to be substantial a public hearing shall be held prior to affirmative action by the village board on such recommendation.

(3)

§ 125-94 "D" and "D-1" business districts use regulations.

[Code 1967, § 22.08; Code 1997, § 106-198; Ord. No. 294, 5-5-1988; Ord. No. 96-374, 6-6-1996; Ord. No. 98-422, 9-3-1998; Ord. No. 99-437, 8-5-1999; Ord. No. 00-457, 7-6-2000; Ord. No. 06-552, 6-6-2006; Ord. No. 06-553, 11-2-2006; Ord. No. 16-663, 4-14-2016; Ord. No. 20-713, 5-13-2020]

(a)

Prohibited uses. In a "D" or "D-1" business district, no building or premises shall be used nor shall any building or other structure be erected, altered or enlarged which is arranged, intended or designed to be used for any purpose except as provided herein pursuant to a conditional use permit, all other uses being hereby prohibited. In addition, the following uses shall be specifically prohibited within, or within 500 feet of, any church, synagogue, mosque, school, library or "A," "B," or "C" residence district:

(1)

Adult cabarets;

(2)

Adult bookstores;

(3)

Adult mini motion picture theaters;

(4)

Adult motion picture theaters;

(5)

Body piercing establishments;

(6)

Check cashing establishments;

(7)

Deferred deposit loan establishments;

Fortune tellers;

Pawn shops;

Secondhand stores;

Tattoo parlors; and

Vehicle title loan establishments.

(b)

Permitted uses. There shall be no permitted uses in the "D" and "D-1" business districts.

(c)

Conditional uses. The following uses may be conditionally permitted when specifically approved by the village board after referral to and review by the village plan commission pursuant to the procedures set forth in subsection (d) of this section:

(1)

Business offices.

(2)

Computer services.

(3)

Dance, music or physical health studios.

(4)

Financial service institutions.

(5)

Offices of trades and professions licensed by a governmental agency.

(6)

Premises licensed to sell alcoholic beverages.

(7)

Restaurants, except for drive-in restaurants.

(8)

Retail and service stores, except for the commercial sale or purchase of firearms.

(9)

Schools and day care centers.

(10)

Television, video and photo production studios.

(11)

Wholesale office or sample rooms.

(12)

Other uses found by the plan commission and village board to be substantially similar uses to those listed herein.

(d)

Conditional use procedure.

(1)

Purpose and applicability. The development and execution of this chapter is based upon the division of the village into zoning districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to their location, development, and operation. Such uses are classified as conditional uses and require a conditional use permit except as specified under subsection (14).

(2)

Initiation of conditional use permit. Any person, firm, corporation, or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest or an exclusive possessory interest, and that is specifically enforceable on the land for which a conditional use is sought, may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.

(3)

Application for conditional use permit. No application for a conditional use permit shall be placed on any agenda as an item to be acted upon unless the village manager or designee has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the village clerk with the complete application certified by the village manager or designee, including an easily reproducible electronic copy plus hard copies in a quantity directed by the village clerk. Said complete application shall be comprised of all of the following:

A completed conditional use permit application on a form furnished by the village manager or designee.

A scale map of the subject property showing all lands for which the conditional use permit is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the register of deeds. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided.

A written description of the proposed conditional use describing the type, duration, and density of activities, buildings, and structures proposed for the subject property and their general locations, plus such additional information as may be required for the particular land use under the Zoning Code.

A site plan of the subject property, with any alterations as may be proposed to accommodate the conditional use. Said site plan shall conform to any applicable requirements of the Zoning Code, and any additional requirements as may be specified for the particular land use under the Zoning Code. If the conditional use will make use of existing site improvements only, a site plan need only be of sufficient detail to confirm the portion of the site used by the conditional use.

Written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the approval criteria set forth in this section and all applicable requirements of this chapter.

Any other plans and information deemed necessary by the village manager or designee or the plan commission to ensure that the requirements of this chapter are or will be fulfilled.

Any required fee per the fee schedule approved by the village board.

(4)

Review and recommendation.

The village manager or designee shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the village manager or designee shall be entitled to a public hearing under subsection (4). the village manager or designee shall inform the applicant if the application is incomplete in his or her determination.

Once the village manager or designee determines that the application is complete, the village manager or designee shall authorize the public hearing and prepare a written evaluation of the application based on the criteria for evaluating conditional use permits in subsection (8) below. The village manager or designee shall forward a copy of the evaluation to the plan commission.

(5)

Public hearing. The village clerk shall schedule a public hearing before the plan commission to be held within 30 days after acceptance of a complete application as determined by the village manager or designee. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 Notice in conformance with the requirements of Wis. Stats. § 62.23(7)(d) and (de). The village clerk shall also send said notice to the applicant, and owners of record of all lands within 100 feet of the boundaries of the subject property, at least five days prior to the date of such public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.

(6)

Review and recommendation by the plan commission. Within 15 days after the public hearing, or an extension of said period requested in writing or electronic format by the applicant and granted by the commission, the plan commission shall make final recommendation on the conditional use permit request. Prior to acting on a conditional use permit application, the plan commission may request further information or additional reports from the village manager or designee, the applicant, outside experts or any other source. The commission may recommend approval of the conditional use as originally proposed, approval of the proposed conditional use with conditions or modifications, or denial of the proposed conditional use and shall include reasons therefore. Any action on the proposed conditional use permit requires a majority vote of commission members in attendance.

(7)

Decision by the village board. Within 45 days of the recommendation of the plan commission or within 60 days of the adjournment of the public hearing, whichever is longer, the village board shall, by resolution, make a final decision to grant, with or without conditions, or to deny each application for a conditional use permit after receiving and reviewing the plan commission's findings and recommendation and making its own findings as to whether or not the proposed use will satisfy the criteria for approval set forth in section (8). An appeal of a decision may be taken to the circuit court pursuant to Wis. Stats. § 62.23(7)(de)5 by any person, firm or corporation; any officer, department, board, commission or agency of the village, who is aggrieved by the decision. The village board's determination shall be final and subject to appeal to the federal or state court under any procedure authorized by statute.

(8)

Review criteria for conditional use permit.

If the applicant meets, or agrees to meet, all of the applicable requirements specified in this chapter and conditions imposed by the village board, the village board shall under Wis. Stats. § 62.23(7)(de)2.a. grant the conditional use permit. The village may require written agreement from the applicant in a form prescribed by the village attorney.

Any decision to grant or deny the conditional use permit must be supported by substantial evidence, as that term is defined in Wis. Stats. § 62.23(7)(de)1.b. Any condition or modification must be related to the purpose of this chapter, reasonable, measurable to the extent practicable, and based on substantial evidence.

To the extent consistent with subsections a. and b., no conditional use permit shall be granted unless the village board finds that the use authorized thereby meets the following criteria:

The proposed conditional use is consistent with the comprehensive plan, this chapter, and all other plans, programs, and ordinances adopted by the village.

The proposed conditional use, in its proposed location and as depicted on the required site plan, will not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the comprehensive plan, or all other plans, programs, and ordinances adopted by the village.

The proposed conditional use will maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities, or services provided by public agencies serving the subject property.

The potential public benefits of the proposed conditional use outweigh potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.

(9)

Issuance, notice, and recording of conditional use permit or denial. Within 30 days following the granting of a conditional use permit, the village manager or designee shall issue to the applicant the approved conditional use permit. Said permit shall enumerate the details of the conditional use permit, including an identifiable description of the use and subject property and any specific conditions or requirements of approval. The village manager or designee may record the conditional use permit against the property, assigning all costs thereof to the applicant, and shall make record of the conditional use permit on the official zoning map. In the case of a denial of a conditional use permit, the village manager or designee shall provide written notification to the applicant that the conditional use permit was denied, including the reasons for denial.

(10)

Effect of denial. No conditional use permit application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors relative to the review criteria in subsection (8) that are found valid by the village manager or designee.

(11)

Penalties, revocation, or modification of an approved conditional use permit.

Any violation of an approved conditional use permit shall be subject to section 1-13 as well as equitable relief in circuit court.

A conditional use permit shall be automatically revoked if:

All buildings and other improvements authorized by the conditional use permit have not been developed, and the conditional use has not commenced operation, within two years of final site plan approval, unless the commission has extended this period by request of the applicant, based on reasons beyond the reasonable control of the applicant.

Once initially made operational, the operation of the conditional use has been discontinued for a period exceeding one year. The burden of proof shall be with the conditional use permit holder or operator to conclusively demonstrate that the conditional use was operational during this period.

A conditional use permit may be revoked or modified by the plan commission, where the commission determines that the use, its operation, or associated improvements are not in compliance with (i) the terms of this chapter including one or more criteria in subsection (8) or (ii) the approved conditional use permit including any associated plan or approval condition. The commission may commence proceedings to consider revocation or modification, with such proceedings following the process in subsections (5) and (6). An appeal of any such decision shall be allowed per subsection (7).

(12)

Duration and transfer. The village board may approve a conditional use permit with a limitation on the permit's start date, duration, or transfer if such limitations(s) relate to the purpose of this chapter and the conditional use permit review criteria in subsection (8). Unless the commission approved a conditional use permit with a transfer limitation, or Zoning Code prescribes a transfer limitation for the particular conditional use, all requirements of the approved conditional use permit shall be continued regardless of ownership or operation of the subject property or use and shall run with the land, except as otherwise limited by this chapter or by a specific condition attached to the conditional use permit.

(13)

Amendments to approved conditional use. Any expansion of or amendment to a previously approved conditional use permit or grandfathered conditional use, including any change in an associated plan or approval condition found to be material by the village manager or designee, shall be processed in accordance with subsections (2) through (10), except where its initial approval allowed expansion or amendment by some other process.

(14)

Expansion or modification of conditional use. Any substantial expansion or modification of any conditional use or any previously approved condition of such use, in the determination of the village manager or designee, shall require application and village consideration of a new or amended conditional use permit under this section.

(e)

Building height limitations. A building in a "D-1" business district shall not exceed 35 feet in height including functional apparatus necessary for the operation of the building, including, but not limited to, air conditioning equipment and elevator shafts. Spires, towers and nonfunctional architectural embellishments may exceed the height limitation as set forth in this section.

(f)

Front yard requirements. No building or other structure shall be erected, altered or enlarged in a "D" or "D-1" business district unless such building be put back from the right-of-way not less than described as follows:

Street Classification	Required Street Right-of-Way	Front Yard Setback
Major	120 feet	50 feet
Major	120 feet	(lots of 200 feet or less in depth) 30 feet
Collector	90 feet	50 feet
Minor street (over 600 feet in length)	60 feet	50 feet
Minor street (under 600 feet in length and cul-de-sac)	60 feet	50 feet

(g)

Building site area. In a "D" or "D-1" business district no building shall be designed, altered or enlarged in such a way that the total volume in cubic feet shall exceed 75 percent of the square foot area of the lot, exclusive of the area dedicated or required for off-street parking, multiplied by 30, and provided that the building shall be contained within vertical planes through the lot lines and planes intersecting the vertical planes at an angle of 60 degrees with the horizontal at a height of 40 feet, measured from the established sidewalk grade at the center of the front of the building; but nothing contained in this subsection shall prevent the erection of spires, chimneys or towers, provided the total volume of cubic feet of the same does not exceed one-fourth of the total volume of the building.

(h)

Area requirements. In a "D" or "D-1" business district the minimum lot or building site area for buildings to be used wholly or partly for residential purposes shall be 12,500 square feet. Where the business property abuts a residential district, there shall be a side yard requirement of ten feet, and a rear yard requirement of ten feet.

(i)

Light emitting diode or other continuous or connected series lights. Light emitting diode (LED) or other continuous or connected series lights are prohibited unless approved as part of a conditional use. In no event shall LED or other continuous or connected series lights be permitted to outline individual windows, to outline an individual occupancy in a multi-tenant building, to outline any accessary structure, sign, light pole, or other appurtenance on site, or to outline any vertical features of a structure other than the roofline.

(j)

Notification of conditional use requirements and tenant changes. All owners of buildings who rent or lease space to businesses located in such buildings shall, at least 25 days prior to any addition or change of tenants or lessees who are leasing or renting space in such buildings, both notify prospective tenants of conditional use permit requirements and procedures under this chapter, and notify the village of any change or addition of tenants or lessees.

§ 125-95 Overlay use "D" business district.

[Code 1967, § 22.085; Code 1997, § 106-199; Ord. No. 01-483, 8-1-2001]

(a)

Intent. The regulations of this overlay district are intended to permit attached single-family and multiple-family dwellings in the "D" business district to allow for greater flexibility, variety of use and design freedom than would be permitted by the standard application of the basic "D" district regulations, in the case of tracts of land within the "D" district of suitable size and appropriate location, where the unified and overlay use of such tract and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically satisfying and desirable development than would result from the application of the basic "D" district controls, and in such a way to not adversely affect property values and character of the neighborhood.

(b)

Permitted uses. Attached single-family and multiple-family dwellings of appropriate quality and character, including accessory uses.

(c)

Application of regulations.

(1)

The regulations set forth in this section shall be made effective as an "overlay" of permitted multiple-family residential use upon the basic "D" district to permit the overlay use pursuant to the provisions set forth in this section.

(2)

Individual uses and structures as permitted and regulated by the basic "D" zoning district shall continue to be subject to the regulations as already established unless they are part of a proposed overlay use.

(3)

Individual uses and structures in an overlay use shall not be subject to the specific requirements of the underlying basic "D" district but shall be subject to the regulations hereinafter set forth governing such project.

(4)

Normal standards relative to road design or other engineering matters may be modified in an overlay use consistent with good engineering practice.

(d)

Procedure.

(1)

(2)

A general development plan of the project showing at least the following information and such additional information as may be required by the plan commission in a specific situation in sufficient detail to allow the plan commission and the village board to apply the criteria for approval as hereinafter set forth:

An accurate map of the project area, including its relationship to surrounding properties.

Statistical data on total size of project area, area of open space, residential density computation and proposed number of residential units, population analysis, market analysis, economic analysis, impact upon municipal services, and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of public and private roads, driveways and parking facilities, and intended design standards.

The size, arrangement and location of lots or of proposed building groups.

The type, size and location of structures.

The location of sewer and water facilities.

Architectural drawings and sketches illustrating the design and character of proposed structures.

The location of recreational and open space areas and areas reserved or dedicated for public uses such as schools and parks.

Detailed landscape treatment.

10.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes with contours at not more than two-foot intervals.

11.

General outline of intended organizational structure related to property owner's association, deed restrictions and provisions of services by the association.

A general summary of financial factors such as value of structures, estimated improvements costs, amount proposed for landscaping and special features, estimated sale or rental price, and total anticipated development cost of the project.

(3)

Referral to plan commission. Such petition may be rejected or referred by the village board to the plan commission for study and investigation. The plan commission shall thereafter make its recommendation to the village board as to the appropriateness and desirability of the proposed development plans, and any changes or additional conditions applicable to such plans that it may feel necessary or appropriate.

(4)

Public hearing. Upon receipt of the plan commission's recommendation, the village board shall, before granting such petition, hold a public hearing on the proposal. Notice for such hearing shall include reference to the consideration of the specific proposed project development plans.

(e)

Basis for approval. The plan commission in making its recommendations, and the village board in making its determination shall give consideration and satisfy themselves to the following:

(1)

That the proposed development is consistent with the spirit and intent of this article, is compatible with the general character of the village and would not be contrary to the general welfare and economic prosperity of the village or of the immediate neighborhood, but rather that the benefits from improved design of the resultant development justified the variation from the normal requirements of basic "D" zoning through the approval of an overlay use.

(2)

That the proponents of the proposed development have demonstrated that they intend to commence and complete construction within a reasonable period following the approval of the project, that the project appears economically sound, that the proponents of the proposed development have the financial capacity to carry out the project as proposed.

(3)

That the size, quality and architectural design of all buildings within the project will be compatible with the general character to the village and specifically to the surrounding neighborhood. Approval of individual building plans by the architectural review committee are not supplanted by this section.

(4)

That the specific project plans have been prepared with competent professional advice and guidance.

(5)

That setbacks shall be maintained along any boundary street of the project area as required by the basic zoning district.

(6)

(7)

All buildings or structures including off-street surface parking shall not cover more than 40 percent of the land in the project development.

(8)

Buildings or structures shall not exceed three stories in height.

(9)

In the case of all proposed developments:

That the development will not substantially alter adversely the impact upon school or other municipal service requirements as anticipated under the basic zoning.

That the project will not create traffic beyond the capacity of the street system to serve it, and shall provide adequate off-street parking based upon the need generated by the development.

That the total average residential density of the overlay use based upon the specific design characteristics of the development proposed will be compatible with the previously stated intent.

That the plan would result in the preservation of open land in a manner which would enhance the total environmental setting and desirability of the development; and compensate for any reduction in individual lot area requirements that are allowed.

That adequate guarantee is provided for permanent preservation of the residual common open land area resulting from the application of these regulations by private reservation.

(10)

In the case of proposed residential condominium developments:

The care and maintenance of such common open space reservations shall be ensured by establishment of appropriate management organization for the project.

Ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

(f)

Determination. The village board may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions. Such approval shall constitute approval of the specific project development plan.

(1)

The approval of an overlay use shall be based on and include as conditions thereto the building, site and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the plan as approved. Detailed construction and engineering need not necessarily be completed at the time the project is approved, but the approval of such preliminary plans are conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

(2)

The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development plan approval.

(3)

Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial it may recommend approval to the village board. If such change or addition is construed to be substantial, a public hearing may be held prior to affirmative action by the village board on such recommendation.

(4)

Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval of the project. At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charge of noncompliance. If the plan commission finds the charges substantiated, they shall then submit to the village board recommendations as to specific steps to be taken to terminate the development as rapidly as possible if the situation is not satisfactorily adjusted within a specific period. Such a termination should be in a manner that will achieve the maximum degree of the intended development objectives consistent with environmental compatibility to the neighborhood and with the general welfare of the community.

§ 125-96 "E" institutional district use regulations.

[Code 1967, § 22.09; Code 1997, § 106-200; Ord. No. 01-470, 1-4-2001; Ord. No. 04-528, 9-9-2004; Ord. No. 16-663, 4-14-2016; Ord. No. 16-670, 6-9-2016]

(a)

Permitted uses. In an "E" institutional district, no building or premises shall be used, nor shall any building, or other structure be erected, altered or enlarged, which is arranged, intended or designated to be used for any purpose except the following:

(1)

All uses permitted in "C" residence district.

(2)

Municipal buildings and grounds, schools, churches, public utilities, and clubhouses provided only that they are operated for the purpose of providing recreational facilities for their members and guests; provided no activity such as a restaurant or bar operated as a commercial enterprise shall be permitted in conjunction therewith.

(b)

Conditional uses.

(1)

Conditional use permits for uses other than single- or two-family residential shall be required for those properties in the "E" institutional district, or "C" residence district which are located entirely or partially, or otherwise have frontage on, East or West Brown Deer Road.

(2)

Conditional use permits for all but single- or two-family residential uses in the location specified above may be granted by the village board upon recommendation of the plan commission which shall follow the conditional use procedure of section 125-94(d). However, the specific permitted uses designated at subsection (a) of this section shall not be considered as the only uses to be considered by the plan commission and village board in granting conditional use permits. The plan commission may recommend and the village board may approve conditional use permits for those uses specified in subsection (a) of this section but there shall be no presumption that conditional use permits will be granted for such specified uses. The plan commission may recommend and the village board may approve conditional use permits for uses other than those specified in subsection (a) of this section regardless of whether such uses are comparable to those specified in subsection (a) of this section.

(3)

Telecommunications facilities located on property, otherwise used exclusively for the permitted uses listed in subsection (a) of this section and consisting of wireless antenna towers, (but not including commercial radio or television towers), equipment mounted or antenna mounted on existing structures, equipment storage shelters and related operating and equipment building components subject to the specific conditions required by this section.

(c)

Areas. The following area requirements apply to an "E" institutional district:

(1)

Minimum lot area: same as "C" residence district.

(2)

Minimum lot width: 140 feet.

(3)

Maximum lot coverage: 35 percent.

(4)

Minimum side yard: 20 feet in width on each side of the building plus an additional foot in width for every four feet of building width in excess of 40 feet.

(5)

Minimum rear yard: 20 feet.

(6)

Minimum front yard: same as "C" residence district.

(d)

Heights. The regulation and restriction of building height shall be subject to provisions as set forth in section 125-104(b).

(e)

Lighting requirements. In an "E" institutional district exterior lighting shall be permitted for the purpose of ensuring public safety and operational practicality of the premises for the uses permitted thereon. Such lighting shall insofar as practical and be compatible with the established residential character of the community, and for this purpose the detailed plans for such lighting shall be submitted to the village engineer for recommendation and for approval of the village board and shall be further subject to the following specific regulations:

(1)

Exterior illumination for specific operational areas shall not exceed more than 15 footcandles measured on the horizontal plane at ground level.

(2)

Exterior illumination on vertical surface shall not exceed ten foot lamberts average brightness.

(3)

General exterior area illumination, including that for parking lots, shall not exceed an average of two footcandles measured on the horizontal plane at ground level.

(4)

Appropriate hooding, shielding, placement or other technique shall be required where necessary to avoid glare that may be detrimental to adjoining residential area or a menace to traffic safety.

(5)

Light emitting diode (LED) or other continuous or connected series lights are prohibited unless displayed for the purpose of celebrating holidays (holiday lighting) in which case LED or other continuous or other connected series lights may be displayed for a total time not to exceed three months per calendar year.

(f)

Financial ability of applicant. Satisfactory evidence of the financial ability of the applicant to carry on building operations continuously until completion and to finance the cost of such building to completion must be furnished to the village as a condition to institutional use of property situated in an "E" institutional district.

§ 125-97 "F" office district regulations.

[Code 1967, § 22.093; Code 1997, § 106-201; Ord. No. 96-374, 6-6-1996; Ord. No. 01-476, 4-5-2001; Ord. No. 01-478, 5-3-2001; Ord. No. 06-552, 6-6-2006; Ord. No. 16-663, 4-14-2016; Ord. No. 16-670, 6-9-2016]

(a)

Prohibited uses. In an "F" office district, no building or premises shall be used nor shall any building or other structure be erected, altered or enlarged that is arranged, intended or designed to be used for any purpose, except as provided in this section, all other uses being hereby prohibited. In addition, the following uses shall be specifically prohibited within, or within 500 feet of, any church, synagogue, mosque, school, library or "A," "B," or "C" residence district:

(1)

Adult cabarets;

(2)

Adult bookstores;

(3)

Adult mini motion picture theatres;

(4)

Adult motion picture theatres;

(5)

Body piercing establishments;

(6)

Check cashing establishments;

(7)

Deferred deposit loan establishments;

Fortune tellers;

Pawn shops;

Secondhand stores;

Tattoo parlors; and

Vehicle title loan establishments.

(b)

Purpose. The purpose in adopting this section is to permit certain land uses that do not in any way detract from residential desirability. The limitation as to uses when considering height, ground coverage and offensive characteristics are imposed to protect and foster residential desirability of the village.

(c)

Permitted uses.

(1)

Business offices.

(2)

Professional offices.

(3)

Dwellings as permitted in section 125-98.

(d)

Conditional uses. The following uses shall not be permitted unless specifically approved by the village board, after referral to and recommendation of the village plan commission, in accordance with the provisions of section 125-94(d):

(1)

Financial institutions with drive-in facilities.

(2)

Retail business establishments providing personal or business services, if rendered wholly within an approved structure. No retail store, or establishment which makes sales on the premises to the ultimate consumer is permitted.

(3)

Medical or dental clinics.

(4)

Any other use found to be a similar use by the plan commission.

(e)

General restrictions.

(1)

All operation and activities of all permitted uses, including the storage of materials, shall be conducted wholly inside a building or buildings.

(2)

No use permitted in this district shall emit odor or fumes, gas, dust, smoke, or noise to an extent greater than the following maximum allowable levels:

Noise shall be so muffled as not to become objectionable due to intermittence, beat frequency or shrillness and shall at no time exceed street traffic noise during a normal weekday or weeknight.

Odor and fumes as defined and controlled by Wis. Stats. § 144.30.

Operation shall not exceed a number 1 rating on the Ringelmann smoke chart for periods aggregating four minutes in any 30-minute period.

Dust, dirt and fly ash shall not exceed 0.3 of a grain per cubic foot of flue gas at 60 degrees Fahrenheit, 17.71 psi absolute, and ten percent CO2, and shall in no manner be unclean, destructive or unhealthful, nor shall visibility be impaired by opaqueness equivalent to number 1 of the Ringelmann chart.

No vibration that is discernible to the human sense of feeling at any time at the property line shall be permitted.

Sewage waste shall not be permitted unless neutralized to a permissible range of pH 5.5 to pH 9.0.

(3)

No activities involving the storage, utilization or manufacture of materials or products that decompose by detonation shall be permitted.

(f)

Building and premises. Buildings and premises situated in the "F" office district shall be used only for the purposes enumerated and in conformity with the following general restrictions:

(1)

Area and width. No lot may be less than four acres in area. Only one building shall occupy one such lot. No lot shall be less than 250 feet in width and lots shall not be deeper than 2½ times the width.

(2)

Ground coverage. The ground coverage of each lot, described in subsection (b) of this section, occupied by all buildings shall not exceed 30 percent of the lot.

(3)

Front yard. There shall be a front yard having a depth of not less than 100 feet along Port Washington Road, and 50 feet along all other streets.

(4)

Side yard. There shall be a side yard having a width of not less than 30 feet on each side of the building or buildings except on the side of a lot abutting the public right-of-way, in which case there shall be a side yard of not less than 100 feet when the lot abuts Port Washington Road or Fairy Chasm Road, and 50 feet along all other streets. No part of a side yard between the front lot line and the front yard line extended may be used for off-street loading areas.

(5)

Rear yard. There shall be a rear yard having a depth of not less than 40 feet except on the rear of a lot abutting the public right-of-way, in which case there shall be a rear yard of not less than 100 feet when the lot abuts Port Washington Road or Fairy Chasm Road, and 50 feet along all other streets. No part of a rear yard between the side lot line and the side yard line extended may be used for off-street loading areas.

(6)

Parking. There shall be no parking within 25 feet of any lot line.

(7)

Signs. See chapter 116 of this Code.

(8)

Off-street parking and loading. See section 125-103.

(9)

Exterior lighting. Illumination of buildings, signs, grounds and parking areas shall be subject to the following:

No blinking lights shall be used for the illumination of signs. All primary light sources illuminating the buildings shall be erected and maintained in accordance with standards of the Illuminating Engineering Society and shall be so placed, designed and used that neither the direct nor reflected light therefrom will adversely affect surrounding property or create a traffic hazard.

Floodlighting of grounds or parking or loading areas shall be arranged so as not to reflect direct rays of light into adjacent residential properties or into the public way. General lighting of parking or loading areas shall, except for emergency lighting, cease at or before the hour of 12:00 midnight when these areas face a residential area.

Light emitting diode (LED) or other continuous or connected series lights are prohibited unless approved as part of a conditional use. In no event shall LED or other continuous or connected series lights be permitted to outline individual windows, to outline an individual occupancy in a multi-tenant building, to outline any accessary structure, sign, light pole, or other appurtenance on site, or to outline any vertical features of a structure other than the roofline.

(10)

Utilities. All utilities shall be underground, including power and telephone.

(11)

Road construction. All road construction shall comply with standards and specifications determined by the village manager and approved by the village board.

§ 125-98 Dwelling overlay use, "F" office-research park district.

[Code 1967, § 22.094; Code 1997, § 106-202; Ord. No. 01-480, 6-7-2001]

(a)

Intent. The regulations of this overlay district are intended to permit attached and detached single-family and multiple-family dwellings in the "F" office-research park district and to allow for greater flexibility, variety of use and design freedom than would be permitted by the standard application of the basic "F" district regulations, in the case of tracts of land within the "F" district of suitable size and appropriate location, where the unified and overlay use of such tract and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically satisfying and desirable development than would result from the application of the basic "F" district controls, and in such a way to not adversely affect property values and character of the neighborhood.

(b)

Permitted uses. Multiple-family and attached and detached single-family dwellings of appropriate quality and character, including accessory uses on the northernmost 65 percent of the underlying "F" district are permitted, provided that the village board may permit the southerly line of the residential area, when approving a proposed project under this section, to be other than an east-west straight line. A use not permitted as a use by right in the basic "F" district shall not be permitted within 160 feet of the adjoining residence district.

(c)

Application of regulations.

(1)

The regulations set forth in this section shall be made effective as an overlay of permitted attached and detached single-family and multiple-family residential uses upon the basic "F" district to permit the overlay use pursuant to the provisions herein set forth.

(2)

Individual uses and structures as permitted and regulated by the basic "F" zoning district shall continue to be subject to the regulations as already established unless they are part of a proposed overlay use, in which case such uses and structures shall be subject to the regulations hereinafter set forth governing overlay use.

(3)

Individual uses and structures in an overlay use shall not be subject to the specific requirements of the underlying basic "F" district but shall be subject to the regulations hereinafter set forth governing such project.

(4)

Normal standards relative to road design or other engineering matters may be modified in an overlay use consistent with good engineering practice.

(d)

Procedure.

(1)

(2)

An accurate map of the project area, including its relationship to surrounding properties.

Statistical data on total size of the project area, area of open space, residential density computation and proposed number of residential units, population analysis, market analysis, economic analysis, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of public and private roads, driveways, and parking facilities, and intended design standards.

The size, arrangement and location of lots or of proposed building groups.

The type, size and location of structures.

The location of sewer and water facilities.

Architectural drawings and sketches illustrating the design and character of proposed structures.

The location of recreational and open space areas and areas reserved or dedicated for public uses such as schools and parks.

Detailed landscape treatment.

10.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes.

11.

General outline of intended organizational structure related to property owner's association, deed restrictions and provision of services by the association.

A general summary of financial factors, such as value of structures, estimated improvements costs, amount proposed for landscaping and special features, estimated sale or rental price and total anticipated development cost of the project.

(3)

(4)

(e)

Basis for approval. The plan commission in making its recommendations and the village board in making its determination shall give consideration and satisfy themselves to the following:

(1)

That the proposed development is consistent with the spirit and intent of this chapter, is compatible with the general character of the village, and would not be contrary to the general welfare and economic prosperity of the village or of the immediate neighborhood, but rather that the benefits from improved design of the resultant development justifies the variation from the normal requirements of basic "F" zoning district through the approval of an overlay use.

(2)

(3)

That the size, quality and architectural design of all buildings within the project will be compatible with the general character of the village and specifically to the surrounding neighborhood. Approval of individual building plans by the architectural review committee are not supplanted by this section.

(4)

That the specific project plans have been prepared with competent professional advice and guidance.

(5)

That setbacks shall be maintained along any boundary street of the project area as required by the basic zoning district, except that the setback along North Port Washington Road shall be 160 feet from the centerline of North Port Washington Road.

(6)

(7)

All buildings or structures including off-street surface parking shall not cover more than 40 percent of the land in the project development.

(8)

Buildings or structures shall not exceed:

A height of three stories.

A height of 35 feet.

(9)

In the case of all proposed developments:

That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character of the village and where the economic impact of the development, property values and service demands is substantially as beneficial to the community as that which could be anticipated under the basic zoning.

That the development will not substantially alter adversely the impact upon schools or other municipal service requirements as anticipated under the basic zoning.

That suitable recreational facilities are provided as part of the development plan in order to avoid overburdening existing and future village recreational facilities.

That the project will not create traffic beyond the capacity of the street system to serve it, and shall provide adequate off-street parking based upon the need generated by the development. In general, adequate off-street parking shall be considered to consist of at least two parking stalls per dwelling unit, at least one of which shall be fully enclosed.

That the total average residential density of the overlay use based upon the specific design characteristics of the development proposed will be compatible with the previously stated intent. Specifically, the allowable maximum density for a given development shall be computed by dividing the gross area of the proposed development exclusive of existing public right-of-way, by the appropriate density factor as follows:

Single-family detached dwellings: 10,000 square feet per dwelling.

Single-family attached or apartment dwellings as follows:

One-bedroom: 4,000 square feet per dwelling unit.

ii.

Two-bedroom: 4,500 square feet per dwelling unit.

iii.

Three-bedroom: 5,000 square feet per dwelling unit.

Where the proposed development area includes more than one dwelling type, the density computation shall be made on the basis of the proportionate ratio involved. An increase in the computed allowable maximum density not to exceed 20 percent may be permitted as an incentive reward where in the opinion of the plan commission the character and quality of the development and of the amenities provided justify the additional density allowance.

That adequate guarantee is provided for permanent preservation of the residual common open land area resulting from the application of these regulations by private reservation.

(10)

In the case of proposed residential condominium developments:

The care and maintenance of such common open space reservations shall be ensured by establishment of appropriate management organization for the project.

Ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the condition of the plan approval.

(f)

(1)

The approval of an overlay use shall be based on and include as conditions thereto the building, site and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the plan as approved. Detailed construction and engineering plans need not necessarily be completed at the time the project is approved, but the approval of such preliminary plans is conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

(2)

The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development plan approval.

(3)

Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial it may recommend approval to the village board. If such change or addition is construed to be substantial, a public hearing may be held prior to affirmative action by the village board on such recommendation.

(4)

§ 125-99 "PD/O-R" planned development overlay/office-research park district.

[Code 1997, § 106-203; Ord. No. 95-347, 2-2-1995; Ord. No. 96-374, 6-6-1996; Ord. No. 01-483, 8-1-2001; Ord. No. 16-669, 6-9-2016]

(a)

Intent. The regulations of this "PD/O-R" district are intended to allow for greater flexibility, variety of use and design freedom than would be permitted by the standard application of the basic "F" district regulations in the case of tracts of land within the "F" district of suitable size and appropriate location, where the unified and overlay use of such tract and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically satisfying and desirable development than would result from the application of the basic "F" district controls, and in such a way to not adversely affect property values and character of the neighborhood.

(b)

Permitted uses. All permitted and conditional uses shall be allowed in the "PD/O-R" district on the same basis as in the "F" district.

(c)

Definitions.

(1)

Primary building means an enclosed building or structure housing the permitted or conditional use allowed under the district.

(2)

Accessory building means an enclosed building or structure housing a use that is accessory or incidental to any permitted or conditional use allowed upon the lot in which it is located, including parking and storage, and that has an area of ground coverage in excess of 1,000 square feet.

(d)

Application of regulations.

(1)

Individual uses and structures as permitted and regulated by the basic "F" district shall continue to be subject to the regulations as already established unless they are part of a planned development use, in which case such uses and structures shall be subject to the regulations hereinafter set forth governing overlay use.

(2)

Individual uses and structures in a planned development shall not be subject to the specific requirements of the underlying basic "F" district, but shall be subject to the regulations hereinafter set forth governing such project.

(3)

Normal standards relative to road design or other engineering matters may be modified in an overlay use consistent with good engineering practice.

(e)

Procedure.

(1)

(2)

Petition. The petition shall be made to the plan commission by the owner or his agent of property proposed for such development, for the approval of a specific project plan under the provisions of these regulations. Such petition shall be accompanied by a fee in such amount as established by the village board from time to time by ordinance or resolution and the following information:

An accurate map of the project area, including its relationship to surrounding properties.

Statistical data on total size of project area, area of open space, area of ground coverage, proposed number of buildings, square footage of building space, and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of public and private roads, driveways and parking facilities.

The size, arrangement and location of individual building sites, if more than one.

The type, size and location of structures.

The location of sewer and water facilities.

Architectural drawings and sketches illustrating the design and character of proposed structures.

The location of open space areas.

Landscape treatment.

10.

Existing topography and storm drainage pattern and proposed storm drainage system showing the basic topographic changes.

11.

General outline of intended organizational structure related to deed restrictions and management of common facilities.

(3)

Plan commission recommendation. Such petition shall be reviewed by the plan commission and referred to the village board for determination. The plan commission shall make its recommendation to the village board as to the appropriateness and desirability of the proposed development plans, and any changes or additional conditions applicable to such plans that it may feel necessary or appropriate.

(4)

(f)

Basis for approval. The plan commission in making its recommendations and the village board in making its determination shall give consideration and satisfy themselves to the following:

(1)

That the proposed development is consistent with the spirit and intent of this article, is compatible with the general character of the village, and would not be contrary to the general welfare and economic prosperity of the village or of the immediate neighborhood, but rather that the benefits from improved design of the resultant development justifies the variation from the normal requirements of basic "F" district through the approval of a planned development use.

(2)

That the proponents of the proposed development have demonstrated that they intend to commence and complete construction within a reasonable period following the approval of the project, that the project appears economically sound, that the proponents of the proposed development have the financial capacity to carry out the project as proposed.

(3)

That the size, quality and architectural design of all buildings within the project will be compatible with the general character of the village and specifically to the surrounding neighborhood. Required approval of individual building plans by the architectural review committee is not supplanted by this section.

(4)

That the specific project plans have been prepared with competent professional advice and guidance.

(5)

That setbacks shall be maintained along any public street bordering the project area as required by the basic zoning district except that:

The setback along North Port Washington Road shall be 160 feet from the centerline of North Port Washington Road.

The setback for primary buildings along West Glencoe Place shall be 50 feet from the right-of-way line of West Glencoe Place.

The setback for accessory buildings along West Glencoe Place shall be 20 feet from the right-of-way line of West Glencoe Place, except as provided in subsection (f)(6)c and d of this section.

(6)

That no building shall be permitted closer to a side or rear boundary line of the project area than permitted by the applicable side or rear yard requirements of the basic zoning district, except:

The side yard setbacks shall have a width of not less than 30 feet on each side of any primary or accessory building, provided further that:

The side yard setbacks may have a minimum width of not less than ten feet from the side of the applicable building if the distance from the building located on the property adjacent to the side lot line is at least 60 feet; and

On the side of a lot abutting a public right-of-way, there shall be a side yard of not less than 100 feet when the lot abuts Port Washington Road, and 20 feet along all other public streets, except as provided in subsection (f)(6)c of this section.

The rear yard setbacks shall have a depth of not less than 40 feet from any primary or accessory building, provided further that:

The rear yard setbacks may have a minimum depth of not less than ten feet if the distance from the building located on the property adjacent to the rear lot line is at least 80 feet; and

There shall be a rear yard of not less than 100 feet when the back of the lot abuts Port Washington Road, and 20 feet abutting all other public streets.

There shall be no setback restrictions with respect to the parking of vehicles.

The side yard setbacks of a lot abutting West Glencoe Place shall not be less than five feet in the case of an accessory building.

(7)

The ground coverage occupied by all buildings on each lot shall not exceed 35 percent; provided however, that the ground coverage for all buildings in the district shall not exceed 30 percent of all lands in the district.

(8)

Each separate lot or parcel shall contain not less than one acre. Only one primary building and one accessory building may occupy each lot. Except as just provided, there are no dimensional limitations applicable to any lot.

(9)

Each lot shall have off-street parking in an amount of not less than one space for each 200 square feet of gross building area contained in the primary building. This requirement may be satisfied by access to off-street parking located on any adjacent lot in the same district, provided that:

No space may be taken into account more than once in calculating conformance with this requirement for all lots within the district; and

Access is provided under an easement or other suitable document assuring that the required parking will be available on a permanent basis.

(g)

(1)

The approval of a planned development use shall be based on and include as conditions thereto the building, site and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the plan as approved. Detailed construction and engineering plans need not necessarily be completed at the time the project is approved, but the approval of such preliminary plans is conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

(2)

The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development plan approval.

(3)

Any subsequent substantial change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial it may recommend approval to the village board. If such change or addition is construed to be substantial, a public hearing may be held prior to affirmative action by the village board on such recommendation.

(4)

Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for the project. At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charge of noncompliance. If the plan commission finds the charges substantiated, they shall then submit to the village board recommendations as to specific steps to be taken to terminate the development as rapidly as possible if the situation is not satisfactorily adjusted within a specific period. Such a termination should be in a manner that will achieve the maximum degree of the intended development objectives consistent with environmental compatibility to the neighborhood and with the general welfare of the community.

§ 125-100 "G" nature center district use regulations.

[Code 1967, § 22.096; Code 1997, § 106-204; Ord. No. 02-493, 5-2-2002]

(a)

Purpose. The purpose of the nature center district shall be to encourage the preservation of natural wildlife, plants and animals, watercourses and topography for the benefit of the public and the education of children and adults by furthering environmental awareness and to motivate a sense of responsibility to maintain a healthy environment.

(b)

Use regulations. The "G" nature center district shall be devoted to the preservation and protection of natural animal and plant life and for the conduct of outdoor exploratory programs, a rural life display including representative specimens of domestic farm animals, educational programs through school officials or otherwise, the operation of a preschool, training workshops and programs for teachers, counselors and naturalists and guided tours. To secure such objectives, only those structures and improvements may be erected in the "G" nature center district that tend to promote such objectives, including interpretive buildings, residences for caretakers, naturalists and other employees, interpretive features, landscaping, parking facilities, sanitary facilities and the installation of utilities required therefor.

(c)

Agreement with village. In addition to the foregoing, the use, development, improvement and construction in and on the "G" nature center district shall be subject to the terms of such agreements as shall be entered into by the owner of the land in such district and the village board of trustees, regulating such use, development, improvement and construction and the property in the "G" nature center district shall not be developed, improved or used as such until the agreement or agreements have been executed.

§ 125-101 Home occupations.

[Code 1967, § 22.097; Code 1997, § 106-205; Ord. No. 96-372, 6-6-1996; Ord. No. 02-506, 11-7-2002; amended 6-27-2024 by Ord. No. 24-757]

(a)

Introduction and definition. Notwithstanding the provisions of sections 125-89 through 125-93, 125-95 and 125-98 limiting the permitted use of a building or premises in the foregoing residential zoning districts of the village to single-family or multiple-family dwellings, together with accessory uses incidental thereto, home occupations as hereinafter defined shall be permitted in accordance with the provisions of this section. A home occupation shall be defined as an accessory use (or special use) of a dwelling carried on by members of the immediate family residing on the premises. The use shall be incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the residence so as to adversely affect the residential character of the neighborhood.

(b)

Home occupation. Home occupations are permitted as an accessory use in residentially zoned districts provided they are in accordance with this section and other applicable sections of this chapter.

(c)

Occasional home occupation. Occasional home occupational use shall constitute a residential use and shall not be subject to registration. Occasional home occupational use is defined as "the occasional, infrequent and intermittent conduct of an occupation at a place of residence." An occasional home occupation cannot be conducted for more than ten hours per week, or result in a violation of the standards set forth in subsection (g) of this section.

(d)

Permitted home occupations. The following are permitted home occupations provided they do not violate the standards set forth in subsection (g) of this section:

(1)

Child care, limited to three children.

(2)

Computer programming.

(3)

Commercial artist.

(4)

State-licensed family day care home.

(5)

Dressmaking and tailoring.

(6)

Home product retail sales where orders are taken at the home of others or over the telephone. The production, manufacturing and assembly of such products in the home is prohibited.

(7)

Musical and dance instruction, limited to three pupils at one time.

(8)

Office facility of a salesman, sales representative, or a manufacturer's representative provided there is no manufacturing, production or storage on the premises and no more than one customer on the premises at one time, but in no case more than three visitors.

(9)

Office facility of an architect, broker, engineer, attorney, accountant, appraiser or insurance agent with no more than one client on the premises at one time, but in no case more than three visitors.

(10)

Telephone answering service and office services to include typing, bookkeeping, transcribing and data entry.

(11)

Painting, sculpturing, writing or home crafts.

(e)

Prohibited home occupations. The following home occupations shall not be permitted:

(1)

Hair cutting and styling (barbershops and beauty parlors).

Catering services.

Stables.

Kennels.

Restaurants.

Welding and machining.

(7)

Vehicle repair and painting.

(8)

Construction business of any kind.

(9)

Landscaping business of any kind.

(f)

Other home occupations. Any proposed home occupation that is not specifically prohibited may be approved by the village board following recommendation of the plan commission if it meets the standards set forth in subsection (g) of this section.

(g)

Standards. The following standards shall apply to all home occupations:

(1)

The home occupation shall not change the outside appearance of the dwelling or its accessory buildings.

(2)

The home occupation shall not be visible from the street.

(3)

No person other than the immediate family residing on the premises shall be involved in or employed in the home occupation activities taking place on the premises.

(4)

All activities and all storage shall be located exclusively within the principal residence of the premises.

(5)

All wholesale, jobbing or retail business shall be conducted entirely by mail or telephone.

(6)

No more than 300 square feet of the dwelling's floor area shall be devoted to the home occupation.

(7)

Not more than one truck of not more than one-ton capacity associated with the home occupation shall be kept on the premises.

(8)

There shall be no increase in noise, vibration, glare, fumes, odors or electrical interference created by the home occupation.

(9)

With the exception of state-licensed family day care homes, customers, clients, students or other visitors shall be permitted on the premises only between the hours of 8:00 a.m. and 8:00 p.m. For state-licensed family day care homes, customers, clients, parents, or other visitors shall be permitted on the premises only between the hours of 6:00 a.m. to 6:00 p.m.

(h)

Registration. A home occupation shall be registered with the village. Registration shall be applied for on a form prescribed by the village manager, together with a filing fee in an amount determined by the village board from time to time by ordinance or resolution.

§ 125-102 Community-based residential facilities conditional use.

[Code 1997, § 106-206; Ord. No. 96-375, 7-11-1996; Ord. No. 00-444, 1-6-2000; Ord. No. 00-460, 8-17-2000; Ord. No. 01-483, 8-1-2001]

(a)

Intent. The intent of this section is to permit community-based residential facilities (CBRF) for more than eight persons as defined in Wis. Stats. § 62.23(7)(i)2r.b, 4, and 5 in any zoning district where such housing would be permitted because of the provisions of Wis. Stats. § 62.23(7)(i) or the United States Fair Housing Act under circumstances where such state and federal laws would supersede the village zoning ordinances. It is the further intent of this section to permit a CBRF as may be required by state and federal laws subject to such restrictions as are set forth in this section. The procedural requirements of this section are comparable to the conditional use provisions of certain overlay zoning ordinances existing in this Code as well as the conditional use permit procedural requirements set forth in section 125-94(d) requiring certain conditional use permits in the business zoning districts. The CBRF conditional use is appropriate only for certain tracts of land within the village of suitable size and appropriate location in order to achieve appropriate utilization of the site in such a way as to not adversely affect property values and the character of the neighborhood and the village.

(b)

Conditional use area. This section shall apply only to those areas of the village located in the "E" institutional zoning district, the "F" office research park zoning district and that portion of class "C" residential zoning districts located on the south side of Brown Deer Road and on the west side of North Port Washington Road south of West Laramie Lane, except when Wis. Stats. 66.23(7)(i) may otherwise provide the village with authority to approve or deny a CBRF in the Class "A" or "B" residential zoning districts, elsewhere in the Class "C" zoning district or in the Class "D" or "D-1" business zoning districts.

(c)

Permitted uses. In addition to the uses permitted by the underlying zoning, a CBRF as defined at subsection (a) of this section at a maximum density of 12 dwelling units per acre shall be permitted. A dwelling unit is defined as housing accommodating no more than two persons. Single-family residences or other residential or commercial use shall not be permitted on the same lot or parcel of land with a CBRF constructed under this section.

(d)

Application of regulations.

(1)

The regulations herein set forth shall be applicable to a CBRF conditional use.

(2)

The uses and structures permitted and regulated by the basic zoning district shall continue to be subject to the regulations established for said district.

(3)

Uses and structures permitted as a conditional use shall not be subject to the requirements of the underlying zoning district, but shall be subject to the regulations herein set forth governing such project.

(4)

Normal standards relative to design or other engineering matters may be modified in a conditional use consistent with good engineering practice.

(e)

Procedure.

(1)

Pre-petition conference. Prior to official submission of a petition for consideration of a conditional use project, the petitioner may and is urged to meet with the plan commission for a preliminary discussion of the scope and nature of the proposed development.

(2)

Petition. The petition for approval of a proposed development under the provisions of this section shall be made to the village board by the owner of the property proposed for such development or his agent. Such petition shall be accompanied by the fee established by the village board from time to time and the following information:

A statement describing the general character of the proposed development and other information pertinent to a determination of whether a conditional use should be granted for the site.

A general development plan for the proposed development, including the following information and such additional information as may be required by the plan commission and the village board:

A map depicting the proposed development and its relationship to surrounding properties.

Statistical data detailing the square footage of the proposed development and the square footage of open space, the proposed number of units, a population analysis, a market analysis, an economic analysis, the impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of roads, driveways and parking facilities, and design standards.

The type, size, arrangement and location of lots and proposed structures.

The location of sewer, water and other utility facilities.

Architectural drawings and sketches illustrating the design and character of proposed structures and a colored rendering of all exterior elevations.

Samples of all exterior materials on structures.

The location of recreational and open space areas.

A detailed landscape plan with landscape size and material type indicated.

10.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes with contours of not more than two-foot intervals.

A general summary of financial data, including the estimated total cost of improvements and itemizing the cost of structures, landscaping and special features, and estimated rental or occupancy charges.

(3)

Referral to plan commission. Such petition shall be referred by the village board to the plan commission for review. The plan commission shall thereafter submit its recommendation to the village board, including any modifications or conditions the plan commission may deem necessary or appropriate.

(4)

Public hearing. Upon receipt of the plan commission's recommendation, the village board shall hold a public hearing on the proposed development before granting such petition. Notice of such hearing shall refer to specific proposed development plans.

(f)

Basis for approval. The plan commission in making its recommendations and the village board in making its determination shall satisfy themselves that the following criteria are met:

(1)

That the proposed development would create an attractive residential environment of sustained desirability and economic stability, compatible with the character of the village.

(2)

That the impact of the proposed development on property values, the demand for municipal services and the economy of the village would not be substantially less beneficial to the community than that which could be anticipated under the basic zoning or any other overlay or conditional use zoning.

(3)

That the proposed development would not be unreasonably detrimental to the public health, safety, morals, comfort or general welfare of the village.

(4)

That the proposed development would not adversely affect the use and enjoyment of other properties in its immediate vicinity for the purposes already permitted.

(5)

That the proposed development would not impede the normal orderly development and improvement of surrounding property for uses permitted in the district.

(6)

That the proposed development includes adequate provisions for off-street parking based upon the need generated by the development, ingress and egress by access roads designed so as to minimize traffic congestion in the public streets and that the development would not create traffic beyond the capacity of the street system or greater than anticipated under the existing zoning.

(7)

That the proposed development includes provisions for adequate utilities, drainage and/or other necessary facilities.

(8)

That the size, quality and architectural design of all buildings or structures in the proposed development would be compatible with the surrounding neighborhood and the general character of the village.

(9)

That no building or structure exceeds two stories in height.

(10)

That each building be designed to provide living space for no more than 24 persons. No living area shall be permitted below ground level.

(11)

That only one building shall be permitted on a single lot.

(12)

That the total average residential density of the proposed development would be compatible with the surrounding neighborhood and the general character of the village.

(13)

That the maximum coverage of land by buildings and structures and off-street surface parking not exceed 40 percent of the land in the proposed development and there shall be maintained at all times a minimum "green" area upon which no improvements (including parking) may be located equal to 30 percent of the land in the proposed development.

(14)

That setbacks be maintained along any boundary street of the proposed development as required by the basic zoning district.

(15)

That no building be located closer to a side or rear boundary line of the proposed development than permitted by the applicable side or rear yard requirements of any adjoining zoning district abutting along a side or rear property line of the development, except there shall be a 50-foot minimum side or rear yard setback from any adjoining one- or two-family residential zoning district.

(16)

That the proposed development would preserve open common areas sufficient to maintain an ambiance compatible with the surrounding neighborhood and the general character of the village. An open space easement over the open common area, proscribing future building or use inconsistent with that of landscaped open space for aesthetic and recreational purposes, shall be conveyed to the village as a condition of project approval. Buildings or uses for recreational or cultural purposes compatible with this objective may be permitted only where specifically authorized as part of the development plan or subsequently authorized by the village board following approval of building, site and operational plans by the plan commission and the architectural review committee.

(17)

That the proponents of the proposed development have demonstrated that they intend to commence and complete construction within a reasonable period following approval of the project, that the project is economically sound, and that the proponents of the proposed development have the financial capacity to carry out the project as proposed.

(18)

That the specific project plans have been prepared with competent professional advice and guidance.

(19)

That the proposed development conforms to applicable state and federal regulations in all respects and any other applicable laws and regulations.

(20)

To implement the purposes set forth in subsection (a) of this section, the following architectural review criteria are established:

The proportions, scale and mass of all buildings and structures shall be consistent within the proposed development and compatible with structures in the surrounding neighborhood and the village as a whole.

The visual continuity of roofs and their contributing elements (parapet walls, coping, cornices, etc.) shall be consistent within the proposed development and compatible with structures in the surrounding neighborhood and the village as a whole.

Exterior building materials shall be consistent within the proposed development and compatible with structures in the surrounding neighborhood and the village as a whole. The exterior of all buildings and additions shall be constructed or faced with a finished material that is aesthetically compatible with other building facades in the surrounding neighborhood.

Heating, air conditioning and ventilating equipment shall be located in an unobstructive manner or screened from view.

The exterior colors of structures shall be consistent within the proposed development and compatible with structures in the surrounding neighborhood and the village as a whole.

(g)

Sewer connection charge. The sewer connection charge required by section 122-64 shall be paid at the time the petition is approved.

(h)

Determination. The village board may deny the petition, approve the petition as submitted or approve the petition subject to modification and/or conditions. Such approval shall constitute approval of the specific project development plan.

(1)

Approval of a conditional use shall be based on the petition and accompanying data, as well as all other commitments offered or required as a condition of approval. Detailed construction and engineering plans need not necessarily be completed at the time the petition is approved but the approval of preliminary plans is conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

(2)

The developer shall enter into an appropriate contract with the village to guarantee the implementation of the approved development plan, which contract shall require reimbursement to the village of all legal, engineering and administrative charges incurred by the village in relation to the project development plan.

(3)

Any subsequent modification or addition to an approved plan shall first be submitted to the plan commission for approval, and if in the commission's opinion such change or addition is not substantial it may recommend approval to the village board. If such change or addition is substantial, a public hearing may be held prior to action by the village board.

(4)

Failure to comply with the provisions of this section or any conditions applicable to a specific proposed development shall be cause for revocation of the approval of the development. A developer shall be provided at least 15 days' notice to respond to a charge of noncompliance before the plan commission. If the plan commission finds the charges substantiated, it shall then submit to the village board recommendations for specific steps to be taken to revoke approval as rapidly as possible unless the noncompliance is satisfactorily resolved within a specific time period.

(5)

The terms and conditions of a conditional use may be reviewed by the plan commission and village board every two years or at their discretion upon notice to the owner. Upon such review, additional terms and conditions may be imposed as are deemed necessary and appropriate by the plan commission and village board so as to protect and promote the health, safety, welfare in the area and intent of this section. If the conditional use does not continue in conformity with the conditions of the original approval or subsequent approved amendments or changes, the conditional use may be terminated by action of the village board following referral to the plan commission and a public hearing by the village board. The village board may terminate the conditional use.

(6)

The developer shall pay all professional fees incurred by the village, including, but not limited to, attorney fees, if the village is required to enforce any of the conditions in the conditional use permit due to a violation of those conditions.

(7)

A conditional use shall be granted to the applicant and shall not be transferable and shall terminate upon sale and lease of the subject property. New owners of the subject property, if continuing with the project, must reapply for a conditional use.

(8)

The developer will allow village representatives to inspect the premises at any reasonable time for purpose of determining compliance with the conditional use.

(9)

Conditional use permits shall be recorded with the register of deeds for the appropriate county and proof of recordation shall be filed with the village clerk.

§ 125-103 Off-street parking, "D," "D-1" and "E" districts.

[Code 1967, §§ 22.10, 22.11; Code 1997, § 106-207; Ord. No. 22-735, 7-21-2022]

(a)

Generally. In "D" business, "D-1" business and "E" institutional districts, off-street parking facilities for motor vehicles shall be provided in accordance with additional regulations set forth in this section.

(b)

Scope of regulations. The off-street parking and off-street loading provisions of this article shall apply as follows:

(1)

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. However, where a building permit has been issued prior to February 24, 1966, and provided that construction is begun within six months thereafter 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 additional amounts required by this section.

(2)

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, such additional parking and loading facilities as required herein shall be provided.

(3)

Whenever the existing use of a building or structure shall be changed after February 24, 1966, 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 February 24, 1966, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use exceed those for the existing use.

(c)

Existing parking facilities. Accessory off-street parking facilities in existence on February 24, 1966, and located on the same lot as the building or use served shall not thereafter be reduced below the requirements for a similar new building or use under the provisions of this section.

(d)

Permissive parking and loading facilities. Nothing in this chapter shall be deemed to prohibit the voluntary establishment of off-street parking and loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design and operation of such facilities are observed.

(e)

Damage or destruction. When any conforming or nonconforming building or use which is in existence on February 24, 1966, which is restored and continued in operation after being damaged or destroyed by fire, collapse, explosion or other cause, to the extent that the cost of restoration does not exceed 50 percent of the assessed value, there may be provided only the off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction. It shall be necessary to restore or maintain parking or loading facilities in excess of those required by this section for equivalent new uses or construction.

(f)

Control of off-site parking facilities. In cases where parking facilities are permitted on land other than the lot on which the building or use served is located, such facilities shall be on a lot in the same possession of the title holder of record as the lot occupied by the building or use to which the parking facilities are accessory. A covenant running with the land must be recorded in the office of the register of deeds of the county on the lot upon which the accessory off-street parking is located which prohibits any other use on that lot, and a certified copy by the register of deeds of the county of the recorded covenant is deposited with the building inspector. The covenant shall not be released until such time as either one of the following conditions occur:

(1)

The structure on the lot containing the principal use is removed and the principal use terminated; or

(2)

Another lot of the required size within the required distance is properly developed and used for the required accessory off-street parking in place of and in lieu of the initial lot used for accessory off-street parking, with the same requirements, covenants and conditions attaching to such substitute accessory use lot as required for approval of such initial off-street park.

(g)

Use. Off-street parking facilities required as accessory to uses listed herein shall be solely for the parking of 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.

(h)

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 a 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.

(i)

Computation. When determination of the number of off-street parking spaces required by this section results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

(j)

Collective provision. 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 requirement for each 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 board of appeals.

(k)

Area. A required off-street parking space shall have a width and length, exclusive of access drives or aisles, ramps, columns, or office or work areas of not less than 180 square feet. Enclosed parking spaces shall have a vertical clearance of at least seven feet.

(l)

Access. Each required off-street parking space shall open directly upon an aisle or driveway of a width and design in accordance with village standards of design. All off-street parking facilities shall be provided with appropriate means of vehicular access to a street or alley.

(m)

In yards. Off-street parking spaces open to the sky may be located in any yard in a business or institutional district.

(n)

Design and maintenance.

(1)

Open and enclosed parking spaces. Accessory off-street parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory off-street parking spaces located elsewhere than on the same lot occupied by the use shall be open to the sky.

(2)

Surfacing. All open off-street parking areas shall be improved with a compacted macadam base, or equal, not less than four inches thick and surfaced with asphaltic concrete or comparable hard-surfaced, all-weather, dustless material, which may include permeable surfacing, as approved by the village engineer.

(3)

Screening and landscaping. All open off-street parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any residence district by a wall or fence not less than five feet high or more than six feet high, or a densely planted, compact hedge not less than five feet in height; and wheelstops of masonry, steel or heavy timber shall be placed no nearer than five feet from the street line in districts where a front yard is not required or from side lot lines.

(4)

Lighting. Illumination of an off-street parking area shall be arranged so as not to reflect direct rays of light into adjacent residential districts and streets. All lighting shall be extinguished no later than 30 minutes after the close of business of the use being served, except as may otherwise be authorized by the village board.

(5)

Repair and service. No motor vehicle repair work of any kind shall be permitted in off-street parking areas. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities unless such facilities are located within a completely enclosed building, in which case gasoline and motor oil may be sold within such building to the users of such facilities, provided that no advertising sign is visible from outside the building, and provided further that all pumps shall be effectively screened from view of the street.

(o)

Location. All parking spaces required to serve buildings or uses erected or established after February 24, 1966, shall be located on the same lot as the building or use served. Buildings or uses other than single-family dwellings existing on February 24, 1966, that are subsequently altered or enlarged so as to require the provision of parking spaces under this section or new uses other than in single-family districts may be served by parking facilities located on land other than the lot on which the building or use served is located, provided such facilities are within 300 feet walking distance of the building, and located in a district where off-street parking areas or storage garages are a permitted or conditional permitted use and where there is compliance with requirements set forth in subsection (f) of this section.

(p)

Employee parking. Parking spaces required on an all-employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

(q)

Required spaces. The minimum number of off-street parking spaces accessory to designated uses shall be provided as follows:

(1)

Dwellings; single-family dwellings. Two parking spaces within an attached garage but not more than four parking spaces for each dwelling.

(2)

Schools, institutions and auditoriums or other places of assembly.

Auditoriums, and auditoriums as accessory to churches, schools, and other institutional establishments, one parking space for each five seats, or for each 90 lineal inches of seating space in the main auditorium or assembly hall.

Colleges, junior colleges, and universities, one parking space for each seven students, based upon the maximum number of students that can be accommodated in accordance with design capacity.

Gymnasiums, stadiums, grandstands, meeting halls, convention halls, and exhibition halls: one parking space for each five seats or for each 90 lineal inches of seating space. When such facilities for public assembly are accessory to a school, and when approved by the plan commission, the required number of parking spaces may be reduced by the number of spaces provided, as required herein for the applicable school.

Hospitals:

1.0 parking spaces per bed for 100 beds or less;

1.1 parking spaces per bed for 101 to 300 beds;

1.2 parking spaces per bed for 301 to 500 beds; and

1.3 parking spaces per bed for over 500 beds.

Libraries, museums, art galleries, and aquariums: one parking space for each 1,000 square feet of floor area.

Nursing homes and similar types of establishments: one parking space for each four beds.

Private clubs and lodges: one parking space for each lodging room and one parking space for each five seats in accordance with design seating capacity of the main meeting room.

Schools: when the number of parking spaces as required herein is provided for an auditorium or other places of public assembly accessory to a school, and when approved by the plan commission, additional parking spaces need not be provided when the number of parking spaces for such auditorium or other places of public assembly is equal to or in excess of the applicable requirements set forth below:

Commercial or trade, music, dance, or business: one parking space for each two employees, plus one space for each seven students, based on the maximum number of students that can be accommodated in accordance with design capacity.

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 design capacity.

Nursery, elementary, or junior high, public or private: one parking space for each faculty member and each other full-time employee.

(3)

Recreational uses, commercial or noncommercial.

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.

Health salons: swimming pools, skating rinks, and dance halls, commercial, 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.

Parks: recreation areas, and community centers, 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 uses.

Automobile laundries: one parking space for each 1.5 employees, and in addition, reservoir standing spaces to accommodate automobiles awaiting entrance to the automobile laundry equal in number to five times the maximum capacity of the automobile laundry. Maximum capacity, in this instance, shall mean the greatest possible number of automobiles undergoing some phase of laundering at the same time.

Automobile service stations: one parking space for each island of gasoline pumps, plus two for each service stall.

Banks: one parking space for each 300 square feet of floor area.

Beauty parlors: one parking space for each 200 square feet of floor area.

Business, professional and public administration or service office buildings: one parking space for each 200 square feet of floor space.

Restaurants, not including drive-in establishments: one parking space for each 100 square feet of floor area in the building.

Furniture and appliance stores, motor vehicles sales establishments, and establishments for repair of household equipment or furniture: one parking space for each 400 square feet of floor area.

Medical and dental clinics: two parking spaces for each office, examining room and treatment room, plus one space for each 40 square feet of floor area contained in the reception room or waiting lobby.

Fabricating, cleaning, testing, assembling, repairing or servicing of establishments as permitted in the business district: one parking space for each two employees based upon maximum number of employees that can be accommodated in accordance with building code regulations.

Theaters: one parking space for each four seats up to 400 seats, plus one parking space for each six seats over 400.

Undertaking establishments and funeral parlors: one parking space for each 100 square feet of floor area.

Warehouse, storage, wholesale and mail order establishments: four parking spaces plus one parking space for each 1,500 square feet of floor space over 4,500 square feet; or when the number of employees is specifically indicated, one parking space for each two employees employed on the premises.

Public utility and public service uses: one parking space for each two employees.

All other business and commercial establishments: one parking space for each 150 square feet of floor area.

Other uses. Parking spaces for other permitted uses not listed above shall be provided in accordance with recommendations of the plan commission and required by the village board.

(r)

Off-street loading. There shall be provided off-street loading berths not less than the minimum requirements specified in this section in connection with any building, structure or use that is to be erected or substantially altered, and that requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.

(1)

Location. All required off-street loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into a street or alley. No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any two streets, nor shall it be located in a required front yard, side yard, or side yard adjoining a street.

(2)

Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movements and shall be subject to approval of the village engineer.

(3)

Surfacing. All open off-street loading berths shall be improved with a compacted macadam base not less than seven inches thick, or equal, surfaced with not less than two inches of asphaltic concrete or some comparable all-weather, dustless material, which may include permeable surfacing, and shall be subject to approval of the village engineer.

(4)

Repair and service. No storage of any kind nor motor vehicle repair work or service of any kind shall be permitted within any required loading berth.

(5)

Space allowed. Space allowed 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.

(6)

Off-street loading space requirements. The minimum number of off-street loading spaces accessory to uses in the manufacturing district shall be in accordance with the following schedule:

Floor Area of Establishments	Required Number	Minimum Size	Minimum Vertical Clearance
5,000 to 10,000	1	10 feet × 35 feet	12 feet
10,000 to 25,000	2	10 feet × 35 feet each	12 feet

§ 125-104 Building plans, "D," "D-1," "E," "F" and "G" districts.

[Code 1967, § 22.12; Code 1997, § 106-208; Ord. No. 01-483, 8-1-2001; Ord. No. 22-735, 7-21-2022]

(a)

Generally. No building shall be erected, enlarged or altered within class "D" business district, class "D-1" business district, class "E" institutional district, class "F" office-research park district or class "G" nature center district, except as provided in this section.

(b)

Site plan submitted. The final site plan shall be submitted to and be subject to approval of the village board of trustees before a building permit application is made or issued. The site plan must contain the following information:

(1)

Statement of ownership of land upon which the proposal is contemplated or other evidence to indicate a legal interest in the land.

(2)

Plot plan. The plot plan must meet the following requirements:

Be prepared by a registered land surveyor.

Contain complete legal description.

Show minimum scale, one inch equals 50 feet.

Show all dimensions and angles of intersection.

Show right-of-way name, distance from right-of-way centerline of public street to property line.

Show grade existing at:

Property line intersections.

Centerline of right-of-way intersecting property lines extended.

Building line of proposed construction.

Nearest side of existing structures on adjacent properties.

Show proposed grade at ground floor of proposed construction.

Contain an outline of proposed construction showing:

Front, side and rear setbacks.

Overall dimensions, including building height.

Outline and setback of existing structures on adjacent properties.

All easements must be shown.

(3)

Related information required.

Data describing surface drainage and drainage structures as may be necessary.

Location of all buildings and other facilities to be constructed or used.

Location and description of fences, walls, signs, lighting installation and landscaping.

Location of required off-street parking, loading and service areas, the arrangement of internal and in and out traffic flow and the relationship of the immediately abutting streets and other property, all to be in conformity with the provisions of this Code.

Rendering of the proposed buildings must be provided.

(4)

Any addition or modification to an approved site plan shall be subject to the requirements of this section.

(5)

A site plan must be submitted to the village manager not less than three days before a regularly scheduled meeting of the village board of trustees.

(6)

The applicant must present a construction and completion schedule.

(7)

The village board of trustees may require additional information as they deem necessary in unusual circumstances. Further, the village board of trustees may require proof of the applicant's financial responsibility to complete the project after approval.

(8)

The village board of trustees may consider the proposed site plan in relationship to abutting properties and zoning. The size and height of the building requested will be equated to its proximity to existing zoning.

(c)

Reduction or division of site plan. Reduction or division of an approved site plan will be permitted provided that in the opinion of the village board such reduction would not result in the creation of a lot on the remaining remnant parcel, which by reason of size, shape, character, orientation or relation to surrounding properties, would be impractical or undesirable for the permitted development.

(d)

Screen landscaping. Screen landscaping required as an integral part of the approved site plan shall conform to the following:

(1)

If the screening is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such plant varieties as to provide adequate visual screening within no more than two years from the date of its planting and during all seasons of the year.

(2)

Where architectural walls or fences are used, sufficient landscaping shall be used in connection with such wall or fence to create an attractive view from the abutting property or street; and any wall or fence shall not be less than four feet or more than six feet in height.

(3)

Such screening shall be sufficiently opaque to prevent penetration of headlight glare.

(e)

Off-street parking lots and driveways surfaces. All off-street parking lots and driveways approved as a part of the site plan shall be surfaced and maintained reasonably dustless using a surfacing or pavement approved by the village engineer.

(f)

Approval of site plan. Approval of the site plan by the village board does not either grant or imply approval for a building permit; such building permit must be obtained through the building inspector upon review by the architectural review committee.

§ 125-105 Assisted living facilities conditional use.

[Code 1997, § 106-209; Ord. No. 99-433, 5-6-1999]

(a)

Intent. The intent of this section is to permit assisted living facilities to allow for the development of the land hereinafter described where the unified use of such tract and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically desirable development than would result from the application of the underlying class "E" zoning of said land and in such a way to not adversely affect property values and the character of the neighborhood.

(b)

Conditional use area. This section shall apply only to that land located in the "E" institutional zoning district identified as tax key numbers 023-9984, 015-9981-003 and 015-9979-003 bounded on the west by United States Interstate Highway 43, on the east by North Port Washington Road, on the south by West Fairy Chasm Road and on the south and east by those properties known as lots 1 through 7, Fairy Chasm Heights Subdivision.

(c)

Permitted uses. In addition to the uses permitted by the underlying class "E" institutional zoning district, residential care apartment complexes (formerly assisted living facilities) with elderly day care facilities and also community-based residential facilities for more than eight persons as defined in Wis. Stats. §§ 62.23(7)(i)2r.b, 4, and 5 and 50.01(1g) or any combination of residential care apartment complexes and community based residential facilities operated in accordance with all applicable federal, state and other licensing regulations including specifically all provisions of Wis. Stats. ch. 50 which facilities are deemed by the plan commission and approved by the village board to qualify under this section shall be permitted as a conditional use in accordance with the provisions of this section.

(d)

Application of regulations.

(1)

The regulations herein set forth shall be applicable to an assisted living facilities conditional use.

(2)

The uses and structures permitted and regulated by the basic zoning district shall continue to be subject to the regulations established for said district.

(3)

(4)

Normal standards relative to design or other engineering matters may be modified in a conditional use consistent with good engineering practice.

(e)

Procedure.

(1)

The petition for approval of a proposed development under the provisions of this section shall be made to the village board. Such petition shall be accompanied by the fee established in accordance with section 125-94(d)(2)b.

(2)

Such petition shall be referred by the village board to the plan commission for review. The plan commission shall thereafter submit its recommendation to the village board, including any modifications or conditions the plan commission may deem necessary or appropriate. The following information shall be provided to the plan commission by the petitioner:

A statement describing the general character of the proposed and other information pertinent to a determination of whether a conditional use should be granted for the site development.

A general development plan for the proposed development, including the following information and such additional information as may be required by the plan commission and the village board:

A map depicting the proposed development and its relationship to surrounding properties.

Statistical data detailing the square footage of the proposed development and the square footage of open space, the proposed number of rooms, the impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of roads, driveways and parking facilities.

The size, arrangement and location of proposed structures.

Architectural drawings and sketches illustrating the design and character of proposed structures and a colored rendering of front and rear exterior elevations.

Description of primary or predominate exterior materials on structures.

A preliminary landscape plan with landscape size and material type indicated.

Existing topography maps with contours of not more than two-foot intervals and preliminary proposed storm drainage systems.

A general estimate of the total cost of improvements.

(3)

Upon receipt of the plan commission's recommendation, the village board shall hold a public hearing on the proposed development before granting such petition. Notice of such hearing shall refer to specific proposed development plans.

(f)

Basis for approval. The plan commission, in making its recommendations and the village board in making its determination, shall satisfy themselves that the following criteria are met:

(1)

The proposed development would create an attractive environment compatible with the character of the village.

(2)

The demand for municipal services and the economy of the village would not be substantially less beneficial to the community than that which could be anticipated under the underlying "E" zoning.

(3)

The proposed development would not be unreasonably detrimental to the public health, safety, morals, comfort or general welfare of the village.

(4)

The proposed development would not adversely affect the use and enjoyment of other properties in its immediate vicinity for the purposes already permitted.

(5)

The proposed development includes adequate provisions for off-street parking based upon the need generated by the development, ingress and egress by access roads designed so as to minimize traffic congestion in the public streets and that the development would not create traffic beyond the capacity of the street system.

(6)

The proposed development includes provisions for adequate utilities. The impervious cover will be no greater than exist at the time of the adoption of the ordinance from which this section is derived.

(7)

The architectural design of all buildings or structures in the proposed development would be compatible with the surrounding neighborhood and the general character of the village.

(8)

No building or structure exceeds two stories in height.

(9)

No living area shall be permitted below ground level.

(10)

The density of the proposed development would be compatible with the surrounding neighborhood and the general character of the village.

(11)

The petitioner has demonstrated it intends to commence and complete construction within a reasonable period following approval of the project.

(12)

The project plans have been prepared by state-licensed architects and engineers.

(13)

To implement the purposes set forth above, the following architectural review criteria are established:

The proportions, scale and mass of all buildings and structures shall be consistent within the proposed development.

The visual continuity of roofs and their contributing elements (parapet walls, coping, cornices, etc.) shall be consistent within the proposed development.

Exterior building materials shall be consistent within the proposed development and compatible with structures in the surrounding neighborhood and the village as a whole.

Heating, air conditioning and ventilating equipment shall be located in an unobstructive manner or screened from view.

The exterior colors of structures shall be consistent within the proposed development.

(g)

(1)

Approval of a conditional use shall be based on the petition and accompanying data, as well as all other commitments offered or required as a condition of approval.

(2)

Approval of the project does not constitute approval for the construction of new buildings or structures on the site. Separate approval shall be required for each building or structure upon application for a building permit.

(3)

The petitioner shall enter into an appropriate contract with the village to guarantee the implementation of the approved development plan, which contract shall require reimbursement to the village of all reasonable legal, engineering and administrative charges incurred by the village in relation to the project development plan and which contract shall include provisions requiring:

Payment in lieu of taxes if the facility becomes tax exempt; and

There be no development of the property south of West Fairy Chasm Road without the village's consent.

(4)

Any subsequent modification or addition to an approved plan shall be submitted to the village manager and village engineer for approval. The village manager and the village engineer may approve such change or addition if they determine it is not substantial, subject to any requirement of obtaining a building permit. If the village manager and village engineer believe the proposed change or addition is substantial, the request will be referred to the plan commission for review and recommendation to the village board which shall conduct a public hearing prior to action on such proposed change or addition.

(5)

The sewer connection charge required by section 122-64 shall be paid within seven days of approval of the petition.

(6)

The petitioner shall pay all professional fees incurred by the village, including, but not limited to, reasonable attorney fees, if the village is required to enforce any of the conditions in this conditional use permit due to a violation of those conditions.

(7)

The petitioner will allow village representatives to inspect the premises at any reasonable time upon reasonable advance notice for purpose of determining compliance with the conditional use.

(8)

Notice of the adoption of this section shall be recorded with the register of deeds for the county and proof of such recording shall be filed with the village clerk.

(h)

Site plan ordinance. Section 125-104 shall not be applicable to any conditional use approved pursuant to this section.

§ 125-106 Planned unit commercial development district regulations.

[Code 1997, § 106-210; Ord. No. 02-495, 6-6-2002]

(a)

Definition. A planned unit commercial development district is an alternative commercial district which applies to any territory of over two acres that is wholly owned or controlled (via agreement specifically addressing this section) by one person or legal entity. Such planned unit commercial district gives no automatic right to landowners but only the right to apply in the manner provided below for discretionary approval by the village board of a planned unit commercial development. The board may approve such a plan only if the proposed development and application conform to this section. The landowner may develop his land according to the regulations of the underlying commercial district as proposed by the property owner or person or entity controlling the property (via agreement specifically addressing this section) also known as the "developer."

(b)

Purpose and intent. The purpose of the planned unit commercial development district is to encourage future development of large tracts of land in a manner that will be more in the public interest than is likely to occur for development under the existing basic zoning regulations. Those basic regulations give an economic incentive to the owner to utilize all land in a grid fashion when traffic, light and air, open space, noise, and neighborhood impact might be better served by a different approach. A planned unit commercial development, because of its flexibility, is more likely to conserve land through the setting aside of open space areas as private or public parks, to create attractive amenities, to control noise and traffic, to lead to the installation of more and better utility services, such as water systems, and to save in maintenance and capital expenditures for roads, sewers and water mains. All the advantages of planned development tend to encourage and enable the owner to prepare a more attractive development and thereby strengthen the tax base of the village and property values in the neighborhood surrounding the future development. The planned development, by requiring discretionary village approval, encourages the owner to exhibit a degree of quality in design and aesthetics not universally attainable under orthodox zoning regulations.

(c)

Relationship to basic zoning district. The regulations of the underlying zoning district shall apply in any planned unit commercial development that shall be approved by the village board except that the board may, in its approval of the proposed planned unit commercial development, permit exceptions from those regulations in the following respects:

(1)

Uses.

Permit the uses and accessory uses permitted in the underlying existing zoning district plus similar uses designed as an accessory amenity to the planned development.

Such similar uses may include joint facilities such as parking, conference centers, dining facilities and utilities or any such other use which provides value to the village as a whole or to more than one structure or property owner or operator.

(2)

Floor area ratio. Permit a floor area ratio (FAR) which balances the economic viability of the project with aesthetics, noise, traffic, light and air, and neighborhood impact.

(3)

Building location. Permit exceptions from the specific building location, size, height, yards, lot size and open space requirements of the underlying basic district; setbacks shall be maintained along any boundary street of the project area as required by the existing zoning district and no dwelling, outbuilding or ancillary structure of any type shall be permitted closer to a side or rear boundary lot line of the project area than allowed by the applicable side or rear yard requirement of the adjoining zoning district, and no building or structure of any type shall be permitted closer to a side or rear boundary lot line of the project area than the normal depth of a single lot that would be permitted under the adjoining zoning district.

(4)

Height. Permit exception to the height limitation of the underlying commercial district to the extent that the building is set back from the boundary of the project area a distance of at least one-half of its height.

(5)

Street design. Permit variations in the village's existing requirements for road design and other engineering matters to the extent that it is consistent with good engineering practice.

(d)

Procedure.

(1)

Petition. The owner who proposes village approval of a planned unit commercial development shall submit a petition in triplicate to the village board, together with fees in such amounts as established by the village board from time to time by ordinance or resolution. The petition shall contain, but not be limited to, the following information:

Names and addresses of the owner, architect, planner, engineer, attorney and any other professional advisers who assisted in preparing the proposed development.

A legal description of the proposed project area, together with an accurate map showing its relationship to surrounding properties.

Names and addresses of all opposite and abutting property owners of record.

Maps and plans showing the proposed planned unit commercial development plan, including the pattern of public and private roads, driveways, parking facilities, recreational facilities, private or public parks, and the size, arrangement and location of lots, the location of sewer and possible water facilities, and the existing topography and storm drainage system, showing basic topographic changes.

Statistical data on the total size of project area, area reserved for open space, density computation, and proposed number of commercial units.

A general summary of the financial factors, such as total anticipated cost of the development of the project, the estimated selling price for individual properties, the estimated cost of landscaping, and other improvements.

(2)

(3)

Public hearing. Upon the receipt of the plan commission's recommendation, the village board shall, before taking affirmative action to approve the proposed planned unit commercial development, hold a public hearing on the proposal. Notice of such hearing shall include a reference to the specific proposed project's development plans. The public hearing shall be in compliance with state statutes then applicable.

(e)

Basis for approval.

(1)

The plan commission in making its recommendations and the village board in making its determination shall give consideration to and satisfy themselves on each of the following:

That the proposed development complies with the requirements of subsections (c) and (d) of this section.

That such development will create an attractive commercial environment:

That is likely to remain attractive for some time in the future;

That is compatible with the character of the village; and

The economic impact of which in terms of commercial needs, income levels, property values, and service demands is substantially as or more beneficial to the community as that which could be anticipated under the existing zoning.

That the project will not create traffic or parking demands substantially greater than that anticipated under the existing zoning.

That the common open area to be reserved shall be protected against building development by conveying to the village as part of the conditions for project approval an open space easement over such common open areas, restricting them against any future building or use except as is consistent with that of providing natural or landscaped open space for the aesthetic utilization and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the village board following recommendation of building, site, and operational plans by the plan commission.

That the ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

(2)

The village board may require bonds and other sureties for all or any part of the development to ensure implementation of the completion of the project as approved.

(f)

Determination. The village board after due consideration may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions in their sole and unrestricted discretion. Such approval shall constitute approval of the specific project development plan.

(1)

The developer or property owner shall enter into an appropriate contract with the village to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan approval.

(2)

Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial it may recommend approval to the village board. If such change or addition is construed to be substantial a public hearing shall be held prior to affirmative action by the village board on such recommendation.

(3)

Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project whether in development or construction or as-built and in use. Such termination shall result in immediate termination of the planned unit commercial development district. At least 15 days' notice shall be given to the developer to appear before the village board and answer any such charge of noncompliance. If the village board finds the charges substantiated they may recommend such termination of the project approval if the situation is not satisfactorily adjusted within a specified period.

§ 125-107 "P" park district.

[Code 1997, § 106-211; Ord. No. 16-661, 2-25-2016]

(a)

Intent. The "P" park district is intended to provide for areas where the open space and recreational needs, both public and private, of village residents and the general public can be met without undue disturbance of village natural resources and adjacent uses.

(b)

Permitted uses.

(1)

Botanical gardens and arboretums.

(2)

Exhibition halls.

(3)

Fairgrounds.

(4)

Golf courses without country club facilities.

(5)

Hiking, biking, and nature trails.

(6)

Historic monuments or sites.

(7)

Neighborhood tot lots.

(8)

Outdoor skating rinks.

(9)

Parks and playgrounds.

(10)

Picnicking areas.

(11)

Play fields or athletic fields.

(12)

Public art galleries and exhibits.

(13)

Sledding, skiing or tobogganing.

Swimming beaches.

Swimming pools.

Tennis courts.

Athletic fields.

Accessory uses.

Buildings accessory to the permitted use.

(2)

Roof-mounted solar collectors.

(3)

Terrestrial, telecommunications and satellite antennas.

(d)

Conditional uses.

(1)

Archery ranges, boat mooring and rental, campgrounds, conservatories, driving ranges, firearm ranges, gymnasia, marinas, music halls, polo fields, riding academies, stadia, and zoological gardens.

(2)

Golf courses with country club facilities.

(3)

Utility substations, pumping stations, and towers, provided that the use is not less than 50 feet from any lot line.

(4)

Increases in the height of accessory buildings, when, in the opinion of the plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood.

(5)

Solar energy collectors erected as an accessory structure.

(e)

Building height. No principal building or parts of a principal building shall exceed 25 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed 10 feet in height; unless a conditional use permit for an increase in height is granted by the plan commission in accordance with this chapter.

(f)

Setback and yards. No building or structure shall be erected, altered, or moved closer than 40 feet to a lot line.

§ 125-108 Wireless telecommunication mobile service facilities.

[Code 1997, § 106-212; Ord. No. 16-669, 6-9-2016]

(a)

Purpose. This section is intended to regulate mobile service facilities to the fullest extent allowed by Wis. Stats. § 66.0404 and other applicable laws. Nothing herein is intended to regulate or authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by Wis. Stats. § 66.0404 or other applicable laws.

(b)

Definitions. All terms used herein shall have the meaning set forth in Wis. Stats. § 66.0404(1) unless otherwise defined in this subsection:

ANTENNA

Means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

APPLICATION

Means an application for a permit under this section to engage in either:

(1)

The siting and construction of a new mobile service support structure and facilities;

(2)

A Class 1 collocation, involving the substantial modification of an existing support structure or mobile service facilities; or

(3)

A Class 2 collocation.

BUILDING PERMIT

Means a permit issued by the village that authorizes an applicant to conduct construction activity that is consistent with village building code.

CLASS 1 COLLOCATION

Means the placement of a new mobile service facility on an existing structure such that the owner of the facility does not construct a freestanding support structure for the facility but does engage in substantial modification.

CLASS 2 COLLOCATION

COLLOCATION

Means Class 1 or Class 2 collocation or both.

DISTRIBUTED

Means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.

EQUIPMENT COMPOUND

Means an area surrounding or adjacent to the base of an existing structure within which is located mobile service facilities.

EXISTING STRUCTURE

Means a support structure that has existed in its current form for at least two years before a request for permission to place mobile service facilities on a support structure is filed with village, and which was not otherwise modified in the past to accommodate the placement of mobile service facilities.

MOBILE SERVICE

Has the meaning given in 47 USC 153(33). The term "mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:

(1)

Both one-way and two-way radio communication services;

(2)

A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and

(3)

Any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.

MOBILE SERVICE FACILITY

Means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

MOBILE SERVICE PROVIDER

Means a person who provides mobile service.

MOBILE SERVICE SUPPORT STRUCTURE

Means a freestanding structure that is designed to support a mobile service facility.

PERMIT

Means a permit, other than a building permit, or approval issued by the village or other governmental unit which authorizes any of the following activities by an applicant:

(1)

A Class 1 collocation;

(2)

A Class 2 collocation; or

(3)

The construction of a mobile service support structure.

POLITICAL SUBDIVISION

Means a city, village, town, or county.

PUBLIC UTILITY

Has the meaning given in Wisconsin Statutes.

SUBSTANTIAL MODIFICATION

Means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

(1)

For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet;

(2)

For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more;

(3)

Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation; or

(4)

Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

SUPPORT STRUCTURE

Means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.

UTILITY POLE

Means a structure owned or operated by an alternative telecommunications utility, as defined in state statutes; public utility, as defined in state statutes; telecommunications utility, as defined in state statutes; political subdivision; or cooperative association organized under state statutes; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in state statutes; for video service, as defined in state statutes; for electricity; or to provide light.

(c)

New structures and facilities and substantial modifications. The siting and construction of new mobile service support structures and mobile service facilities, and substantial modifications of existing structures and facilities (Class 1 collocation), shall be subject to the following requirements:

(1)

Application process. The applicant shall submit a written application to the village clerk which shall include all of the following information:

The name and business address of, and the contact individual for, the applicant;

The location of the proposed or existing structure;

The location of the proposed or existing mobile service facility;

A construction plan which describes proposed or existing structure, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the structure; and

For all new structures and facilities, an explanation as to why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from the responsible party attesting that collocation within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.

(2)

Determination of completeness within ten days of submittal. The village manager shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The village manager shall notify the applicant in writing within ten days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete.

(3)

Conditional use review procedure. Any new support structure or substantial modification of a wireless telecommunications mobile service facility or support structure shall be a conditional use, subject to the procedures in section 125-94(d) as limited by Wis. Stats. § 66.0404. In addition, the following procedures shall apply:

Public hearing. Within a reasonable time after an application and all required information has been filed, but nor more than 40 days after filing, a public hearing shall be held by the plan commission or village board pursuant to this section. Within ten days after the public hearing and all investigation, the plan commission shall make a recommendation, unless the time is extended by agreement with the applicant.

Fee. Any application under this subsection (c) shall be accompanied by a fee of $3,000.00 or such other amount set from time to time by the village board to defray the cost of notification and holding of public hearing and costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the conditional use. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

Requirements.

Conditional use status shall not be granted to any new support structure or substantial modification of a support structure unless the applicant provides certification from a licensed engineer that the structure is located so that there is sufficient land owned or controlled by the applicant around the structure so that in the event of its collapse the distance in all directions equal to its height shall be comprised of property owned or controlled by the applicant. Conditional use status may, however, be granted if an applicant provides the village with certification from a licensed engineer that the structure is designed to collapse within a smaller area than the distance in all directions equal to its height but still within an area comprised of property owned or controlled by the applicant, unless the village provides the applicant substantial evidence that the engineering certification is flawed.

All facilities and structures shall meet applicable state and federal codes.

Determination. The village board shall make a decision on the application within 90 days of village receipt of the complete application unless the time is extended by agreement of the applicant. Said decision shall be stated in writing and a copy made a permanent part of the village records. If conditional use status is not granted, the reasons therefor will be included in such record. A grant of conditional use status, subsequent changes or additions thereto and terminations thereof shall be recorded as follows:

An official record of such conditional use shall be prepared by the village manager on a form prescribed therefor, which shall include the description of the use for which the grant is given and all conditions attached thereto as well as a copy of the action of the village board approving the grant.

A copy of the completed form may be recorded by the county register of deeds as a covenant on the title for the premises for which the conditional use was granted.

Changes or additions. Subsequent changes or additions to the approved plans or use shall first be submitted for approval to the plan commission and, if, in the opinion of the village manager in his review of the revisions requested, such change or addition constitutes a substantial modification, a public hearing before the plan commission shall be required and notice thereof be given pursuant to this section.

Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yard, or parking requirements, among other issues as deemed appropriate may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this section, subject to the limitations of Wis. Stats. § 66.0404(4).

Reconsideration. Applicants may, within ten days of a plan commission decision on a conditional use under this subsection (c), request reconsideration by the village board which reconsideration will be considered as an agenda item on the next scheduled village board meeting, at which meeting the village board may uphold, reverse, or amend the plan commission's decision.

(d)

Non-substantial modifications (Class 2 collocation).

(1)

Application information. If a proposed modification is not a substantial modification (and thus a Class 2 collocation) the applicant shall submit a written application that describes the applicant's basis for concluding that the modification is not substantial, and all of the following information:

The name and business address of, and the contact individual for, the applicant;

The location of the affected support structure; and

The location of the proposed facility.

(2)

Completeness determination within five days. The village manager will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The village manager must notify the applicant in writing within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete. The applicant may resubmit as often as necessary until it is complete.

(3)

Fee. Any application for a Class 2 collocation shall be accompanied by a fee of the lesser of the applicable building permit fee or $500.00 (or such other amount as set from time to time by the village board to defray the cost of review). costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the modifications may be charged to the petitioner. Such costs and fees shall not exceed the limitations established by Wis. Stats. § 66.0404(4)(d).

(4)

Determination. The village manager shall make a decision on the application within a reasonable time after receipt of the completed application, and not later than 45 days after receipt of the completed application unless the time is extended by the petitioner. Said decision shall be stated in writing and a copy made a permanent part of the village records. If modifications as requested are not approved by the village manager, the reasons therefor will be provided to the applicant in writing.

(5)

Limitations upon authority. The village review and action in the matter shall be subject to the limitations imposed by Wis. Stats. § 66.0404(4), and such other laws as may apply which may include 47 USC 1455.

(6)

Reconsideration. In addition to an aggrieved person's remedies before the zoning board of appeals pursuant to Wis. Stats. § 62.23(7)(e), the applicant may, within 30 days, request reconsideration in writing in which case the village board reserves the right to reconsider and amend, approve, or reverse the village manager's decision.

§ 125-109 Planned unit development district number one.

[Ord. No. 21-726, 9-29-2021]

(a)

In general.

(1)

This planned unit development district number one ("PUDD 1") shall be constructed, operated and maintained as a mixed-use development and shall be in conformance with the public improvement agreement (site development) and the public improvement agreement (building development) (together, the "improvement agreements"), which, when executed shall be substantially in the forms attached to the ordinance from this this section is derived as Exhibit A, subject to reasonably appropriate modifications as determined by the final master site plan for the development, and all applicable terms and provisions of the Municipal Code not enumerated herein and not contrary to the terms or provisions of this section, including, but not limited to, such permits as are required under the Municipal Code for building permits, stormwater and erosion control. Conceptual development plans, and detailed site, landscaping and architectural plans (in addition to any plan commission, community development authority or architectural review committee approval pursuant to statute, regulation, or ordinance) shall receive separate approval of the plan commission.

The plans contained in the improvement agreements must be of sufficient detail as to satisfy architectural review committee, the plan commission and the board of trustees as to the character, scope, and appearance of the district. All development within the district is subject to and conditioned upon the submittal and approval by the architectural review committee of more specific and detailed plans as each stage of development progresses.

(2)

Intent. The regulations of this PUDD 1 are intended to allow for greater flexibility, variety of use and design freedom than would be permitted by the standard application of the basic "D" and "F" district regulations in the case of tracts of land within the "D" and "F" districts of suitable size and appropriate location, where the unified and overlay use of such tract and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically satisfying and desirable development than would result from the application of the basic "D" and "F" district controls, and in such a way to not adversely affect property values and character of the neighborhood.

In keeping with the general intent of planned unit development districts, the PUDD 1 shall facilitate the development of a high-quality professional services, health/fitness, general commercial, retail, restaurant, medical office, multi-family housing, civic/recreational/public library, hospitality and office mixed-use area and:

All development within PUDD 1 shall comply with all requirements of the Municipal Code except as otherwise specifically set forth in this section and the improvement agreements.

Accommodate the clustering of buildings on parcels of land under individual or multiple ownership.

Provide for an arrangement of professional services, health/fitness, general commercial, retail, restaurant, medical office, multi-family housing, civic/recreational/public library, hospitality and office uses that are compatible in function, form and operation.

Apply high-quality, aesthetically pleasing architectural and site design whenever new principal and/or accessory structures are constructed.

Wherever practicable, provide a safe, interconnected and pedestrian-friendly network of public streets, private roads, sidewalks and trails throughout the District, and through this network, with the surrounding community.

Provide sufficient off-street parking for all uses and properties which allows and encourages shared parking arrangements through the use of easements and other similar agreements in compliance with the standards set forth in the Municipal Code.

Be served by adequate sanitary sewer and water supply facilities which connect to public sewer and water facilities.

A permitted use lawfully existing and established with an existing principal building within the area of this PUDD 1 prior to, and upon the effective date of, this section shall remain as such permitted use; provided, however, that any future addition, expansion and/or enlargement to the use and/or amendment to any site plan for the use, may be permitted and/or granted only upon the consideration of all applicable standards for the review and approval of such permits and site plans, and the PUDD 1 intent and standards in this section.

A conditional use lawfully existing and established within the area of this PUDD 1 prior to and upon the effective date of this section shall remain as such conditional use; provided, however, that any future amendment to the conditional use permit, may be granted only upon the consideration of all applicable standards for the review and approval of conditional uses, and the intent and standards referenced in this section.

(b)

Prohibited uses. In PUDD 1, no building or premises shall be used nor shall any building or other structure be erected, altered or enlarged which is arranged, intended or designed to be used for any purpose, except as provided in this section, all other uses being hereby prohibited.

(c)

Application of regulations.

(1)

Road design or other engineering standards may be modified in an overlay use consistent with good engineering practice.

(d)

Permitted uses.

(1)

To the extent such individual uses and structures are part of a planned development use, permitted uses within planned unit development district number one shall be as shown below¹:

Permitted Uses	Limitations
General commercial retail/fitness (exclusive of firearms sales)	Up to 120,000 sq. ft., up to 40,000 sq. ft. per floor, up to two stories in height
Professional services/general office	Up to 300,000 sq. ft., up to 50,000 sq. ft. per floor, up to five stories in height
Medical office/general medical uses	Up to 300,000 sq. ft., up to 50,000 sq. ft. per floor, up to five stories in height
Parks/public recreation
Full-service restaurants	Up to 30,000 sq. ft., up to 10,000 sq. ft. per floor, up to two stories in height
Multi-family² and senior³ residential apartments/townhomes/condominiums⁴	Up to 550 units, up to five stories in height with subterranean parking
Townhome residential	Up to 100 units, up to three stories in height with subterranean parking
Civic/public library	Up to 60,000 sq. ft., up to 30,000 sq. ft. per floor, up to three stories in height
Parking at or below grade

Notes:
¹	The square footage and building height parameters set forth herein represent maximum sizes/units, floor areas and heights for each category of use. As a practical matter, due to parcel size constraints, parking requirements and height limitations, the ultimate development within PUDD 1 would not accommodate the maximum limits of all uses, but would represent a balanced combination of several of such uses based on prudent planning and market demands.
	In addition, because PUDD 1 is intended to encourage and function as a mixed use development, any of the Permitted Uses referenced herein may be combined, provided that the maximum number of floors for such combined uses shall not exceed the number of floors permitted for the use that allows the greatest number of floors. For example, a mixed-use building comprising first-floor civic or retail uses could include up to four floors of multi-family residential housing above the first floor, with the maximum combined number of floors not to exceed five.
²	Residential uses shall be primarily market rate housing.
³	Senior residential housing may include ancillary independent senior living housing, assisted living or similar types of uses.
⁴	Any use within 300 feet of the centerline of North Port Washington Road shall be limited in height to four stories above grade.

(e)

Conditional uses:

(1)

To the extent such individual uses and structures are part of a planned development use, conditional uses within planned unit development district number one shall be as shown below:

Hotels/motels.

Nursing homes.

Community-based residential facilities.

In-patient medical facilities.

Schools or daycare facilities.

Financial institutions with drive-thru facilities.

Vehicle sales, rentals or concierge services where vehicles are kept indoors overnight.

Fast-food, quick-service or drive-thru restaurants.

Bakeries, breweries, coffee roasters and any other on-premises food manufacturing facilities.

Spas/beauty parlors/barber facilities.

Special event venues/banquet facilities.

Facilities possessing a liquor license (other than full-service restaurants).

Facilities with operations prior to 5:00 a.m. or after 10:00 p.m.

Indoor establishments in excess of 25,000 square feet.

Television, video or broadcasting facilities.

Wireless telecommunications facilities.

Secondhand stores/resale of goods.

Above ground parking structures (up to three stories in height provided any such structure is set back at least 300 feet from the center line of North Port Washington Road).

Body piercing establishments.

Tattoo parlors.

(f)

Conditional use procedure.

(1)

The conditional uses set forth in subsection (d)(1) of this section may conditionally permitted when specifically approved by the village board after referral to and review by the village plan commission pursuant to the procedures set forth in this subsection (f)(2) of this section:

(2)

(3)

(4)

A completed conditional use permit application on a form furnished by the village manager or designee.

A site plan of the subject property, with any alterations as may be proposed to accommodate the conditional use. Said site plan shall conform to any applicable requirements of the Municipal Code, and any additional requirements as may be specified for the particular land use under the Municipal Code. If the conditional use will make use of existing site improvements only, a site plan need only be of sufficient detail to confirm the portion of the site used by the conditional use.

Any other plans and information deemed necessary by the village manager or designee or the plan commission to ensure that the requirements of this chapter are or will be fulfilled.

Any required fee per the fee schedule approved by the village board.

(5)

Review and recommendation.

The village manager or designee shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the village manager or designee shall be entitled to a public hearing under subsection (6) the village manager or designee shall inform the applicant if the application is incomplete in his or her determination.

Once the village manager or designee determines that the application is complete, the village manager or designee shall authorize the public hearing and prepare a written evaluation of the application based on the criteria for evaluating conditional use permits in subsection (9) below. The village manager or designee shall forward a copy of the evaluation to the village plan commission.

(6)

(7)

Review and recommendation by the plan commission. Within 15 days after the public hearing, or an extension of said period requested in writing or electronic format by the applicant and granted by the plan commission, the plan commission shall make final recommendation on the conditional use permit request. Prior to acting on a conditional use permit application, the plan commission may request further information or additional reports from the village manager or designee, the applicant, outside experts or any other source. The commission may recommend approval of the conditional use as originally proposed, approval of the proposed conditional use with conditions or modifications, or denial of the proposed conditional use and shall include reasons therefore. Any action on the proposed conditional use permit requires a majority vote of commission members in attendance.

(8)

Decision by the village board. Within 45 days of the recommendation of the village plan commission or within 60 days of the adjournment of the public hearing, whichever is longer, the village board shall, by resolution, make a final decision to grant, with or without conditions, or to deny each application for a conditional use permit after receiving and reviewing the plan commission's findings and recommendation and making its own findings as to whether or not the proposed use will satisfy the criteria for approval set forth in subsection (9). An appeal of a decision may be taken to the circuit court pursuant to Wis. Stats. § 62.23(7)(de)5 by any person, firm or corporation; any officer, department, board, commission or agency of the village, who is aggrieved by the decision. The village board's determination shall be final and subject to appeal to the federal or state court under any procedure authorized by statute.

(9)

Review criteria for conditional use permit.

If the applicant meets, or agrees to meet, all of the applicable requirements specified in this chapter and conditions imposed by the village board, the village board shall under Wis. Stats. § 62.23(7)(de)2.a grant the conditional use permit. The village may require written agreement from the applicant in a form prescribed by the village attorney.

To the extent consistent with sub-subsections a. and b., no conditional use permit shall be granted unless the village board finds that the use authorized thereby meets the following criteria:

The proposed conditional use is consistent with the comprehensive plan, this chapter, and all other plans, programs, and ordinances adopted by the village.

The proposed conditional use will maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

(10)

(11)

(12)

Penalties, revocation, or modification of an approved conditional use permit.

Any violation of an approved conditional use permit shall be subject to section 1-13 as well as equitable relief in circuit court.

A conditional use permit shall be automatically revoked if:

Once initially made operational, the operation of the conditional use has been discontinued for a period exceeding 18 months. The burden of proof shall be with the conditional use permit holder or operator to conclusively demonstrate that the conditional use was operational during this period.

A conditional use permit may be revoked or modified by the plan commission, where the commission determines that the use, its operation, or associated improvements are not in compliance with (i) the terms of this chapter including one or more criteria in subsection (9) or (ii) the approved conditional use permit including any associated plan or approval condition. The commission may commence proceedings to consider revocation or modification, with such proceedings following the process in subsections (6) and (7). An appeal of any such decision shall be allowed per subsection (8).

(13)

Duration and transfer. The village board may approve a conditional use permit with a limitation on the permit's start date, duration, or transfer if such limitations(s) relate to the purpose of this chapter and the conditional use permit review criteria in subsection (9). Unless the commission approved a conditional use permit with a transfer limitation, or Municipal Code prescribes a transfer limitation for the particular conditional use, all requirements of the approved conditional use permit shall be continued regardless of ownership or operation of the subject property or use and shall run with the land, except as otherwise limited by this chapter or by a specific condition attached to the conditional use permit.

(14)

Amendments to approved conditional use. Any expansion of or amendment to a previously approved conditional use permit or grandfathered conditional use, including any change in an associated plan or approval condition found to be material by the village manager or designee, shall be processed in accordance with subsections (3) through (11), except where its initial approval allowed expansion or amendment by some other process.

(15)

(g)

Tax exempt properties and uses. With the exception of the civic/public library use and structures referenced above, no tax exempt structures or uses are permitted in PUDD 1.

(h)

Utilities. All utilities shall be underground, including power and telephone.

(i)

Exterior lighting. Illumination of buildings, signs, grounds and parking areas shall be in accordance with any lighting plan submitted with the improvement agreements.

(j)

Road construction. All road construction shall comply with standards and specifications determined by the village engineer and approved by the village board.

(k)

(l)

General restrictions.

(1)

Outdoor activities shall be allowed in connection with permitted uses or conditional uses under this section 125-109, including, but not limited to, restaurant dining, special events or public recreation, provided that the storage of materials shall be conducted wholly inside a building or buildings.

(2)

No use permitted in this district shall emit odor or fumes, gas, dust, smoke, or noise to an extent greater than the following maximum allowable levels:

Noise shall be so muffled as not to become objectionable due to intermittence, beat frequency or shrillness and shall at no time exceed street traffic noise during a normal weekday or weeknight.

Odor and fumes as defined and controlled by Wis. Stats. § 144.30.

Operation shall not exceed a number 1 rating on the Ringelmann smoke chart for periods aggregating four minutes in any 30-minute period.

No vibration that is discernible to the human sense of feeling at any time at the property line shall be permitted.

Sewage waste shall conform to village and Milwaukee Metropolitan Sewerage District standards.

(3)

No activities involving the storage, utilization or manufacture of materials or products that decompose by detonation shall be permitted.

(m)

Parking. There shall be no parking within five feet of any lot line.

(n)

Off-street parking and loading. Off-street parking and loading shall be in accordance with any master site plan submitted with the improvement agreements.

(o)

Signs. Signage shall be in accordance with any signage plan submitted with the improvement agreements.

(p)

Village costs and fees. Pursuant to section 125-34, petitioner shall be responsible for all village professional fees and expenses as defined therein incurred in reviewing, negotiating, developing, drafting, processing the petition, including enforcing this section, and PUDD 1.

Table 1 DEVELOPMENT STANDARDS
Type of Standard	Standard
Landscape Surface Ratio
Minimum Landscape Surface Ratio (LSR) per lot	15% minimum
Lot Dimensional Requirements
Minimum Building Lot Area (s.f.)	3,600 s.f.
Building Site Area (% of building site s.f.)	70% maximum
Minimum Lot Width at Setback Line	40 feet
Minimum Front Yard (feet from lot line)⁵	0 feet
Minimum Side Yard (feet from lot line)	0 feet
Minimum Side Yard on Corner Lot (feet from lot line)	0 feet
Minimum Rear Yard (feet from lot line)	0 feet
In connection with the approval of Site Plans and on recommendation of the Plan Commission, the Village Board may waive the above Landscape Surface Ratio or the Lot Dimensional Requirements or both within PUDD 1. The Plan Commission may consider the applicable standards in making such recommendations.
Maximum Building Height
Principal Structure (stories)	5.0
Accessory Structure (stories)	5.0
Minimum Parking Requirements
Minimum Parking Spaces per square feet of floor area shall vary depending on Permitted Use⁶	See below
Upon approval of Site Plans, the Plan Commission may waive the minimum parking requirements based on, among other factors, demand for and time of usage of parking spaces.

Notes:
⁵	Notwithstanding the foregoing, individual properties situated on North Port Washington Road and located north of West Glencoe Avenue shall have a minimum front yard setback of 100 feet from the lot line.
⁶	Parking ratios shall be as follows: Four spaces for every 1,000 s.f. of professional services/general office and medical office/general medical space, four spaces for every 1,000 s.f. of general commercial retail/fitness space, eight spaces for every 1,000 s.f. of restaurant space, and 1.4 spaces for each residential unit, but in any event, such parking ratios shall apply to the aggregate of off-street, on-street and structured parking.

Notes:

⁵

Notwithstanding the foregoing, individual properties situated on North Port Washington Road and located north of West Glencoe Avenue shall have a minimum front yard setback of 100 feet from the lot line.

⁶

Parking ratios shall be as follows: Four spaces for every 1,000 s.f. of professional services/general office and medical office/general medical space, four spaces for every 1,000 s.f. of general commercial retail/fitness space, eight spaces for every 1,000 s.f. of restaurant space, and 1.4 spaces for each residential unit, but in any event, such parking ratios shall apply to the aggregate of off-street, on-street and structured parking.

Bayside Village City Zoning Code

ARTICLE III

Districts

§ 125-88 Listed.

[Code 1967, § 22.03; Code 1997, § 106-191; Ord. No. 16-661, 2-25-2016]

(a)

(b)

§ 125-89 "A" residence district regulations.

[Code 1967, § 22.04; Code 1997, § 106-192; Ord. No. 98-420, 7-1-1998; Ord. No. 01-483, 8-1-2001; Ord. No. 03-517, 10-2-2003]

(a)

(b)

Areas. In an "A" residence district, no building may be erected, enlarged or altered except in accordance with section 125-3(b) and as follows:

(1)

(2)

A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereafter provided for.

(3)

Five feet when depth of lot is more than 80 feet but less than 90 feet;

Ten feet when depth of lot is more than 70 feet but less than 80 feet;

15 feet when depth of lot is 70 feet or less;

however, no setback will be less than 15 feet plus half the width of the abutting road or area reserved for highway purposes.

(4)

(5)

A rear yard of not less than 20 feet shall be provided for every building.

(6)

§ 125-90 "B" residence district regulations.

[Code 1967, § 22.05; Code 1997, § 106-193; Ord. No. 98-420, 7-1-1998; Ord. No. 01-483, 8-1-2001]

(a)

(b)

Areas. In a "B" residence district, no building may be erected, enlarged or altered except in accordance with section 125-3(b) and as follows:

(1)

The lot area of a lot on which a dwelling is erected or proposed to be erected shall not be reduced to less than 22,000 square feet for each family.

(2)

A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereafter provided for.

(3)

Five feet when depth of lot is more than 80 feet but less than 90 feet;

Ten feet when depth of lot is more than 70 feet but less than 80 feet;

15 feet when depth of lot is 70 feet or less;

however, no setback will be less than 15 feet plus half the width of the abutting road or area reserved for highway purposes.

(4)

A side yard of not less than ten feet shall be provided for on each side of every building.

(5)

A rear yard of not less than 20 feet shall be provided for every building, except one of not less than ten feet shall be provided for a building used for or classified as an accessory use.

(6)

Lot frontage shall be not less than 85 feet. Exceptions may be permitted to conform with cul-de-sac design or when considered in the total street design.

§ 125-91 "C" residence district regulations.

[Code 1967, § 22.06; Code 1997, § 106-194; Ord. No. 98-420, 7-1-1998; Ord. No. 01-483, 8-1-2001]

(a)

(b)

Areas. In a "C" residence district, no building may be erected, enlarged or altered except in compliance with front, side and rear setbacks as herein specified:

(1)

Every lot in a "C" residence district shall have a frontage of at least 85 feet.

(2)

A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereafter provided for.

(3)

Five feet when depth of lot is more than 80 feet but less than 90 feet;

Ten feet when depth of lot is more than 70 feet but less than 80 feet;

15 feet when depth of lot is 70 feet or less;

however, no setbacks shall be less than 15 feet plus half the width of the abutting road or area reserved for highway purposes.

(4)

A side yard of not less than ten feet shall be provided for on each side of every building.

(5)

A rear yard of not less than 20 feet shall be provided for every building, except one of not less than ten feet shall be provided for a building used for or classified as an accessory use.

§ 125-92 Brown Deer Road overlay use, "C" residence district.

[Code 1967, § 22.068; Code 1997, § 106-196; Ord. No. 01-483, 8-1-2001]

Application of regulations.

(1)

The regulations herein set forth shall be made effective as an "overlay" of permitted townhouse residential use upon the basic "C" district.

(2)

The uses and structures as permitted and regulated by the basic "C" zoning district shall continue to be subject to the regulations established for the district.

(3)

(4)

Normal standards relative to road design or other engineering matters may be modified in an overlay use consistent with good engineering practice.

(e)

Procedure.

(1)

(2)

An accurate map of the project area, including its relationship to surrounding properties.

The pattern of public and private roads, driveways and parking facilities, and intended design standards.

The size, arrangement and location of lots or of proposed building groups.

The type, size and location of structures.

The location of sewer and water facilities.

Architectural drawings and sketches illustrating the design and character of proposed structures.

The location of recreational and open space area.

Detailed landscape treatment.

10.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes with contours of not more than two-foot intervals.

(3)

(4)

(f)

Basis for approval. The plan commission in making its recommendations and the village board in making its determination shall give consideration and satisfy themselves as to the following:

(1)

(2)

(3)

That the size, quality and architectural design of all buildings within the project will be compatible with the general character of the village and specifically to the surrounding neighborhood.

(4)

That the specific project plans have been prepared with competent professional advice and guidance.

(5)

That setbacks shall be maintained along any boundary street of the project area as required by the basic zoning district.

(6)

(7)

The maximum coverage of land by buildings or structures shall not exceed 40 percent of the land in the project development.

(8)

Buildings or structures shall not exceed two stories in height.

(9)

Each building shall be designed to provide living space for not more than two families.

(10)

No living area shall be permitted below ground level.

(11)

(12)

If the total land area exceeds 24,000 square feet, a minimum of two buildings shall be required; and if the total land area exceeds 36,000 square feet, a minimum of three buildings shall be required.

(13)

In the case of all proposed developments:

That the development will not substantially alter adversely the impact upon school or other municipal service requirements as anticipated under the basic zoning.

That the project will not create traffic beyond the capacity of the street system to serve it, and shall provide adequate off-street parking based upon the need generated by the development.

That the total average residential density of the overlay use based upon the specific design characteristics of the development proposed will be compatible with the previously stated intent;

(14)

In the case of proposed residential condominium developments:

The care and maintenance of such common open space reservations shall be ensured by establishment of appropriate management organization for the project.

Ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

(g)

(1)

(2)

The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development plan approval.

(3)

(4)

§ 125-93 Planned residential development district regulations.

[Code 1967, § 22.07; Code 1997, § 106-197; Ord. No. 22-735, 7-21-2022]

Uses.

Multiple dwelling units, including, but not limited to, apartments and townhouses, are prohibited.

(2)

Underlying Basic Zoning District	Maximum Number of Dwelling Units per Gross Acre
"A" residence district	1
"B" residence district	2
"C" residence district	3

Procedure.

Names and addresses of the owner, architect, planner, engineer, attorney and any other professional advisers who assisted in preparing the proposed development.

A legal description of the proposed project area, together with an accurate map showing its relationship to surrounding properties.

Names and addresses of all opposite and abutting property owners of record.

Statistical data on the total size of project area, area reserved for open space, density computation, and proposed number of residential units.

(2)

(3)

(e)

Basis for approval. The plan commission in making its recommendations and the village board in making its determination shall give consideration to and satisfy themselves on each of the following:

(1)

That the proposed development complies with the requirements of subsections (c) and (d) of this section.

(2)

That such development will create an attractive residential environment:

That is likely to remain attractive for some time in the future;

That is compatible with the character of the village; and

(3)

That the project will not create traffic or parking demands substantially greater than that anticipated under the existing zoning.

That the common open area to be reserved shall be protected against building development by conveying to the village as part of the conditions for project approval an open space easement over such common open areas, restricting them against any future building or use except as is consistent with that of providing natural or landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the village board following recommendation of building, site, and operational plans by the plan commission.

(8)

(9)

That the ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

The village board may require bonds and other sureties for all or any part of the development to ensure implementation of the completion of the project as approved.

(f)

(1)

(2)

Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial it may recommend approval to the village board. If such change or addition is construed to be substantial a public hearing shall be held prior to affirmative action by the village board on such recommendation.

(3)

§ 125-94 "D" and "D-1" business districts use regulations.

Adult cabarets;

Adult bookstores;

Adult mini motion picture theaters;

(4)

Adult motion picture theaters;

(5)

Body piercing establishments;

(6)

Check cashing establishments;

(7)

Deferred deposit loan establishments;

Fortune tellers;

Pawn shops;

Secondhand stores;

Tattoo parlors; and

Vehicle title loan establishments.

(b)

Permitted uses. There shall be no permitted uses in the "D" and "D-1" business districts.

Business offices.

Computer services.

Dance, music or physical health studios.

(4)

Financial service institutions.

(5)

Offices of trades and professions licensed by a governmental agency.

(6)

Premises licensed to sell alcoholic beverages.

(7)

Restaurants, except for drive-in restaurants.

(8)

Retail and service stores, except for the commercial sale or purchase of firearms.

(9)

Schools and day care centers.

(10)

Television, video and photo production studios.

(11)

Wholesale office or sample rooms.

(12)

Other uses found by the plan commission and village board to be substantially similar uses to those listed herein.

(d)

Conditional use procedure.

(1)

(2)

(3)

A completed conditional use permit application on a form furnished by the village manager or designee.

Any other plans and information deemed necessary by the village manager or designee or the plan commission to ensure that the requirements of this chapter are or will be fulfilled.

Any required fee per the fee schedule approved by the village board.

(4)

Review and recommendation.

Review criteria for conditional use permit.

To the extent consistent with subsections a. and b., no conditional use permit shall be granted unless the village board finds that the use authorized thereby meets the following criteria:

The proposed conditional use is consistent with the comprehensive plan, this chapter, and all other plans, programs, and ordinances adopted by the village.

The proposed conditional use will maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

(9)

(10)

(11)

Penalties, revocation, or modification of an approved conditional use permit.

Any violation of an approved conditional use permit shall be subject to section 1-13 as well as equitable relief in circuit court.

A conditional use permit shall be automatically revoked if:

Street Classification	Required Street Right-of-Way	Front Yard Setback
Major	120 feet	50 feet
Major	120 feet	(lots of 200 feet or less in depth) 30 feet
Collector	90 feet	50 feet
Minor street (over 600 feet in length)	60 feet	50 feet
Minor street (under 600 feet in length and cul-de-sac)	60 feet	50 feet