Brookfield Town, WI Zoning Ordinance

[Amended 12-7-2004; 8-2-2005; 12-6-2005; 7-5-2011; 8-5-2014; 5-3-2016; 5-17-2016; 9-5-2017; 3-3-2020; 12-7-2021 by Ord. No. 2021-004; 6-6-2023 by Ord. No. 2023-05; 7-18-2023 by Ord. No. 2023-06; 12-5-2023 by Ord. No. 2023-08]

(1)

Jurisdiction. The jurisdiction of this chapter shall include all lands and waters within the limits of the Town.

(2)

Compliance. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered except in conformity with the regulations herein specified for the district in which it is located, except as allowed under § 62.23(7)(hc), Wis. Stats.

(3)

Plan commission. The Town Plan Commission shall have the duties of making reports and recommendations related to the planning and development of the Town to public officials, agencies, public utility companies, civic, educational, professional and other organizations, and citizens. The Plan Commission may employ staff and shall oversee the operation of the Office of the Zoning Administrator. The Commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning.

(4)

Architectural review committee. There shall be a Town of Brookfield Architectural Review Committee consisting of the Town Building Inspector and a minimum of two members of the Town Plan Commission. One of the Plan Commission members shall be a Town Board Supervisor serving on the Plan Commission. Other members serving on the Architectural Review Committee shall be appointed by the Plan Commission Chairperson, subject to Town Board approval, for a term of two years. An attempt shall be made to include a member from the public at large. The Chairperson of the Architectural Review Committee shall be elected at the first meeting in May by the Committee membership. The Architectural Review Committee may employ staff or professional consultants with the consent of the Town Board.

(a)

Organization. The Architectural Review Committee shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

Meetings shall be held at the call of the Chairperson and shall be open to the public.

Minutes of the proceedings and a record of all actions and recommendations shall be kept by the Building Inspector, or other designated person, showing the reasons for the Committee's determination, and its finding of facts. These records shall be immediately filed in the office of the Committee and shall be a public record.

(b)

The Building Inspector shall review the site plans, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, drainage, sewerage and water systems, and utilization of landscaping and open space as deemed appropriate for all development in the A-1 Agricultural District, and the Rs-1, Rs-2, Rs-3, Rs-4, and Rd-1 Residential Districts. The Building Inspector shall grant or deny associated building permit application, or refer application to the Architectural Review Committee for further consideration.

(c)

The Architectural Review Committee shall review the site plans, existing and proposed structures, architectural plans, parking areas, driveway location, loading and unloading, highway access, traffic generation and circulation, drainage, and utilization of landscaping and open space and the proposed operation for development in all districts except the A-1 Agricultural District, and the Rs-1, Rs-2, Rs-3, Rs-4, and the Rd-1 Residential Districts. The Architectural Review Committee shall make a recommendation to the Plan Commission and Town Board who shall grant or deny the associated building permit, conditional use permit, or other referred permit applications.

(5)

Duties of the Zoning Administrator/Building Inspector. The Town Zoning Administrator/Building Inspector designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Building Inspector/Zoning Administrator shall be to interpret all permits required by this chapter and to issue, after on-site inspection, all permits required by this chapter. The Zoning Administrator shall further:

(a)

Maintain records of all permits issued, inspections made, work approved, and other official actions.

All available information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed.

Where useful, marks on bridges or buildings or other markers may be set to show the depth of inundation during the 100-year recurrence interval floodplain at appropriate locations within the floodplain.

Where useful, wetland boundaries may be staked in the field and said boundaries may be identified on a plat of survey.

Information regarding the location of floodlands and wetlands shall be provided to realtors, lenders, and the general public. All legal descriptions of property containing floodlands or wetlands should include information designating the floodland or wetland areas when property is transferred.

The Town Board may set fees necessary to recover the costs of providing information to the public.

(b)

Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.

(c)

Interpretations concerning whether specific uses are permitted and concerning the precise selection of zoning district boundaries shall be made initially by the Building Inspector.

(d)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Town Attorney in a manner specified by him.

(e)

Assist the Town Attorney in the prosecution of violations of this chapter.

(f)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by the Building Inspector to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119 of the Wisconsin Statutes.

(g)

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

(h)

Request assistance and cooperation from the Town Police Department and Town Attorney as deemed necessary.

(i)

Attend all meetings of the Town Plan Commission, Zoning Board of Appeals.

(6)

Plan of operation, site plan and architectural review. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall commence any use or erect any structure without first obtaining the approval of detailed site and architectural plans as set forth in this section. A plan of operation approval shall be required if 25% of any existing building is proposed to be altered or remodeled, or an occupancy change occurs equaling 25% of the floor area of the structure. The Zoning Administrator/Building Inspector shall review the site plans, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, utilization of landscaping and open space as deemed appropriate for all development in the A-1 Residential District, and the Rs-1, Rs-2, Rs-3 Rs-4, and Rd-1 Residential Districts. The Zoning Administrator may, at his discretion, refer site plans or architectural plans to the Plan Commission when a question arises concerning generally accepted community standards or when a development is substantially different from Town norms. The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, loading and unloading, highway access, traffic generation and circulation, drainage, sewerage and water systems, utilization of landscaping and open space, and the proposed operation in all districts except the A-1 Agricultural District, and the Rs-1, Rs-2, Rs-3 Rs-4, and Rd-1 Residential Districts. Plan Commission review and recommendation shall be pursuant to § 17.02(7).

(a)

Principles. To implement and define criteria for the purposes set forth above, the following principles are established to apply to all new structures and uses, and to changes or additions to existing structures and uses.

Appearance. No building shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards. The Plan Commission or Zoning Administrator shall make necessary interpretations as to the substance of community standards.

Monotony. No building shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness. The Plan Commission or Zoning Administrator shall make necessary interpretations as to what is monotonous or drab in the Town of Brookfield.

Facades, generally. No building shall be permitted where any exposed facade is not constructed or faced with a finished material, which is not aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.

Facades in manufacturing districts. The facade of a manufacturing building which faces upon a street right-of-way shall be finished with an aesthetically pleasing material. Fifty percent of a facade facing a street shall be finished with brick, decorative masonry, glass panel, or other appropriate finished facade as may be approved by the Plan Commission. Such brick, masonry, glass, or other decorative facing shall extend for a distance of as least 20 feet along the sides of the structure. Manufacturing buildings on corner lots shall have the required masonry facade facing each street. Metal buildings may be constructed in any business, manufacturing, institutional, or park district, but only by a 3/4 affirmative vote of the Plan Commission.

Building scale and mass. The relative proportion of a building to its neighboring buildings, to pedestrians and observers, or to other existing buildings shall be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.

Building rooflines and roof shapes. The visual continuity of roofs and their contributing elements (parapet walls, coping, and cornices) shall be maintained in building development and redevelopment.

Colors. Since the selection of building colors has a significant impact upon the public and neighboring properties, color shall be selected in general harmony with existing neighborhood buildings.

Siting of structures. No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties. A ten-foot offset to paving shall be provided in all nonresidential districts.

Health and safety. No building or use shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the Town.

10.

Outdoor storage. No articles, goods, material, finished or unfinished product, incinerators, storage tanks, refuse containers, or like equipment shall be kept outdoors, exposed to public view, or exposed to view from adjacent buildings and property. Garbage and refuse containers shall be screened from the street and from neighboring facilities. The Plan Commission may recommend the outdoor display of product or merchandise when it makes a finding that such display is essential to a business or industrial use.

11.

Topography and drainage. Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical. The Plan Commission may require that drainage easements be executed. Buildings and uses shall conform with any adopted Stormwater Management Plan.

12.

Erosion control. Appropriate erosion control measures shall be utilized in all new construction.

13.

Traffic circulation. Buildings and uses shall provide for safe traffic circulation and safe driveway locations.

14.

Parking and loading. Buildings and uses shall provide adequate parking and loading areas. No loading dock or overhead doors shall face upon a street right-of-way. A ten-foot offset to paving shall be provided in all nonresidential districts.

15.

Lighting shall be installed and maintained in accordance with the standards set forth herein. No exterior lighting used for parking lots, recreational facilities, product display, or security shall be permitted to spillover on operators of motor vehicles, pedestrians, and uses of land in the vicinity of the light source. These requirements shall not apply to lighting placed in a public right-of-way for public safety. The requirements are:

Type. Shielded luminaires, or luminaires with cutoff optics, and careful fixture placement shall be required so as to facilitate compliance with this section.

Orientation. Exterior lighting fixture shall be orientated so that the lighting element (or a transparent shield) does not throw rays onto neighboring properties. No lighting source shall be visible from outside its premises. Light rays shall not be directed into street rights-of-way or upward into the atmosphere. No horizontal throw via outward projecting lenses or optics shall be permitted contributing as a point glare source.

Minimum lighting standards. All areas designated on approved site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.4 footcandle, exclusive of approved antivandal lighting. This standard shall not apply to properties in agricultural and single-family residential districts.

Intensity of illumination. The intensity of illumination, measured at the property line, shall not exceed 0.2 footcandle.

Location. Light fixtures shall not be permitted within required buffer yards.

Flashing, flickering, and other distracting lighting which may distract motorists is prohibited.

Nuisances. Lighting which creates or becomes a public nuisance is not permitted.

Accent lighting and low voltage lighting (12 volts or less) is exempt from these requirements.

Nonconforming lighting. All lighting fixtures approved prior to the adoption of this chapter shall be treated as and regulated as legal nonconforming uses (see § 17.09).

16.

Utilities. Buildings and uses shall be provided with adequate public services as approved by the appropriate utility.

17.

Heating, air-conditioning, and ventilating equipment shall be located in a manner to be unobtrusive or screened from view.

18.

Open spaces. Buildings and uses shall make appropriate use of open spaces and shall be landscaped in accordance with the standards set forth in § 17.02(6)(a)19 of this chapter.

19.

Landscaping for all development in all districts shall be in accordance with this section and shall submit a landscaping plan as part of the required site plan.

Required landscape planting. The number of plant materials required in order to achieve an appropriate and complete landscape plan for a site shall be as provided below:

In every district the minimum open space required in that district shall be provided. For the purpose of this chapter, open space shall not include buildings, driveways, parking lots, loading areas, or storage yards, but may include trees, shrubs, ground cover, patios, decks, sidewalks and paths, and swimming pools.

ii.

Required open space shall consist of a mixture of trees, shrubs, ground cover, and other open space features as approved by the Plan Commission.

iii.

Parking lot interior and peripheral planting shall be provided as set forth in § 17.06(3)(f) of this chapter.

The minimum size of plantings required by this section shall be as follows:

Deciduous trees shall have a minimum caliper of two inches caliper.

ii.

Coniferous trees shall be a minimum of six feet in height.

iii.

Shrubs shall be a minimum of 18 inches in height or spread.

iv.

Ornamental trees shall have a minimum caliper of one inch caliper.

Woodland preservation.

It is the policy of the Town of Brookfield to preserve the environmentally sensitive or significant natural areas including natural forest, and woodland areas in the Town, and with respect to specific site development to retain, as far as practical, substantial tree stands which should be incorporated into the site. Credit for the retention of existing trees which are of desirable and acceptable minimum size, species, and location may be given by the Plan Commission to satisfy other requirements of this section.

ii.

Trees that are to be destroyed in the development process shall be identified in the required landscaping plan. Any trees not approved for destruction in the approved development or landscape plan, which are subsequently destroyed, shall be replaced in accordance with the following schedule:

Tree Type	Size of Tree Destroyed	Size of Replacement Tree(s)
Deciduous	5-inch to 7-inch caliper tree	One 5-inch to 7-inch caliper tree; or Two 2 1/2-inch to 4-inch caliper trees
	8-inch to 11-inch caliper tree	Three 5-inch to 7-inch caliper trees; or Nine 2-inch to 4-inch caliper trees
	12-inch or larger tree	Six 5-inch to 7-inch caliper trees; or Twelve 2 1/2-inch to 4-inch caliper trees
Conifers	10-foot or taller tree	One 10-foot or taller tree; or Three 6-to-10-foot trees or 4-foot to 6-foot trees

Plant species. Landscaping shall utilize a variety of tree species and no species currently under disease epidemic shall be used. Species planted shall be hardy under local conditions and compatible with the local landscape.

Location of trees shall consider the mature height and spread of trees. Trees shall be located in such a manner that no part of the tree shall extend beyond the lot line.

No landscaping shall be permitted within utility easements, drainage easements, or road rights-of-way except with seed or sod with the approval of the Plan Commission.

Implementation of landscape plans. The Plan Commission may permit a delay in the implementation of a landscape plan, provided that landscaping will be completed within one full planting season and provided that sureties are provided to guarantee completion of the landscaping plan.

Maintenance. The owner shall tend and maintain all plant materials in a healthy growing condition as per the approved plan. Plantings shall be replaced when necessary and kept free from refuse and debris. All planting material which is dying or damaged beyond recovery shall be replaced within six months or by the next planting season, whichever comes first.

(b)

Sureties. The Plan Commission may impose time schedules for the completion of buildings, parking areas, open space utilization, and landscaping. The Plan Commission may require appropriate sureties to guarantee that improvements will be completed on schedule.

(c)

Appeals. Any person or persons aggrieved by any decisions of the Plan Commission related to plan review may appeal the decision to the Zoning Board of Appeals. Such appeal shall be filed with the Town Administrator within 30 days after filing of the decision with the Zoning Administrator.

(7)

Conceptual, preliminary and final project approval. Prior to applying for a building permit as set forth in § 17.02(8) of this chapter, a land developer of any multifamily residential, commercial, industrial, park or institutional development shall appear before the Architectural Review Committee, Plan Commission, and Town Board as part of the project approval process.

(a)

Conceptual approval. The purpose of conceptual project review shall be to determine the best use of a building site. The Plan Commission will consider the proposed land use and its compatibility with adjacent land uses. The Plan Commission should consider ingress and egress, off-street parking, and internal traffic patterns. The developer of any multifamily residential, commercial, industrial, park, or institutional development shall submit a conceptual site plan or alternative site plans for Plan Commission review. Conceptual approval recommended by the Plan Commission and granted by the Town Board shall expire within six months unless preliminary or final project plans are presented to the Plan Commission.

(b)

Preliminary approval. The purpose of preliminary project review shall be to determine that proposed structures are properly located and to review the project plans. The project plans, in the maximum scale of one inch equals 40 feet, for any multifamily residential, commercial, industrial, park, or institutional development shall include a plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, existing and proposed grades to the Town of Brookfield datum; and uses and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas, driveways, ingress and egress plans; landscaping and open space utilization plans; existing highway access restrictions; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show the location, elevation, existing grades, and use of any abutting lands and their structures within 100 feet of the subject site. Preliminary approval recommended by the Architectural Review Committee and granted by the Plan Commission shall expire within six months unless final project plans are presented to the Plan Commission.

(c)

Final approval. The purpose of final project review shall be to determine that this chapter and other Town ordinances have been fully complied with, and to authorize the issuance of a building permit, subject to the developer receiving approval of the Wisconsin Department of Safety and Professional Services (SPS) of the building plans, if required, including architectural details and lighting plan. The Plan Commission may require appropriate sureties to guarantee the completion of grading, landscaping, and construction and paving of parking and loading areas within an approved time schedule. Final approval granted by the Town Board shall expire within 12 months unless necessary building permits have been applied for and issued.

(d)

Project approval fee. There shall be a project approval review fee as set forth in § 17.03 of this chapter. A separate fee shall not be required for each approval — conceptual, preliminary, and final — provided that each phase is completed within the time schedule set forth above. Should the Plan Commission determine that the final project plans are not substantially in conformance with the approved preliminary project plans, or that the preliminary project plans are not substantially in conformance with the approved conceptual plans, the project shall be considered a new project. At that point, the developer starts over with the resubmission of plans and fees.

(8)

Building permit required. No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a building permit from the Zoning Administrator unless otherwise exempted pursuant to § 17.02(9) of this chapter. A building permit is required for all alterations or modifications impacting structure or exiting. Applications for building permits shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable:

(a)

Name and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

(b)

Description of the subject site by lot, block and recorded subdivision, or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(c)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations to National Geodetic Vertical Datum (NGVD), uses, and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.

(d)

Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Waukesha County Health Department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal. The Town Engineer shall certify that satisfactory, adequate, and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.

(e)

Proposed water supply. Plan if municipal water service is not available. This plan shall be in accordance with Chapter NR 812 of the Wisconsin Administrative Code and shall be approved by the Town Engineer who shall certify, in writing, that an adequate and safe supply of water will be provided.

(f)

Condominium declaration. Any developer of land in the Town of Brookfield who elects to create a condominium pursuant to Chapter 703 of the Wisconsin Statutes shall submit a copy of the Condominium Declaration, and any amendment thereto, to the Zoning Administrator to be attached to the file copy of the building permit application.

(g)

Additional information as may be required by the Town Plan Commission, Town Engineer, Zoning Administrator, or Plumbing Inspector.

(h)

A building permit for a permitted use in a single-family or two-family residential district shall be granted or denied, in writing, by the Zoning Administrator within 15 working days. A building permit for a permitted use in any other district shall be granted or denied in writing by the Zoning Administrator within 30 working days following approval as required under § 17.02(6). Building permits for conditional uses shall be granted or denied, in writing, within 90 working days.

All building permits shall expire within six months unless work has commenced. In addition, building permits for single-family residences shall expire within 12 months from the date the permit was issued unless the structure has been substantially completed. Any permit issued in conflict with the provisions of this chapter shall be null and void.

A permit applicant shall apply for conceptual or preliminary project approval in which case the time limits set forth in § 17.02(7) of this chapter shall apply.

(9)

Uses not requiring a building permit. No building permit shall be required for any of the following cases:

(a)

For building an accessory building less that 120 square feet in area.

(b)

For any improvement or alteration to an existing building less than 120 square feet in area which does not structurally alter or effect a change in use to an existing building.

(c)

For repairs that do not alter the size or position of an existing structure on a lot, subject to the conditions of the original project approval, if required under § 17.02(6). Such repairs shall not include the replacement or alteration of bearing walls.

(d)

For ordinary maintenance, such as painting, or the replacement of roofing, roof gutters, or siding subject to the conditions of the original project approval, if required under § 17.02(6).

(e)

However, any work that does qualify for an exemption under this section shall be required to comply with the applicable setback, yard, height, and other requirements set forth in this chapter.

(10)

Foundation survey required.

(a)

Any person erecting, moving, enlarging or reconstructing a structure, which under this chapter requires a building permit, shall, prior to the completion of the construction of footings, concrete slab, or other foundation, submit to the Zoning Administrator a survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations and size of the following: all structures and their relation to the lot line. The Zoning Administrator shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the building permit application. No further construction may commence unless the Zoning Administrator finds that the foundation location is as certified by the surveyor and is consistent with the permit as issued.

(11)

Occupancy permit required.

(a)

No vacant land shall be occupied or used; and no building or premises shall be erected, altered or moved, or create change in use; and no nonconforming use shall be maintained, renewed, changed, or extended until a certificate of compliance shall have been issued by the Zoning Administrator. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this chapter. Such certificate shall be applied for at the time of occupancy of any land and/or building.

(b)

No building located in a business or industrial zone and used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new certificate of compliance by the Zoning Administrator. Plan of operation approval, as required under § 17.02(6), shall be required for any change in tenancy which accounts for an excess of 25% of the floor area of the structure. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this chapter, Uniform Dwelling Code, Electrical Code, Fire Prevention Code and the Plumbing Code of the Town of Brookfield and State of Wisconsin. Such occupancy permit for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for an occupancy permit be made in the same manner as for a building permit pursuant to § 17.02(8) of this chapter.

(12)

Special occupancy permit required. The following uses are special occupancy uses which are temporary in nature and may be permitted as specified herein upon the issuance of a special occupancy permit by the Zoning Administrator. Application for a special occupancy permit shall be made in the same manner as for a building permit pursuant to § 17.02(8) of this chapter.

(a)

Model homes, real estate sales and rental field offices, and shelters for the storage of material and equipment being used in the construction of a permanent structure may be permitted in any district for a period not to exceed one year. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may erect one temporary sign not to exceed 50 square feet in area on one side and 100 square feet in area on all sides. All buildings, tents, signs, equipment, supplies, and debris shall be removed from the site within 10 days following the temporary activity.

(b)

Outdoor group assemblies may be permitted for each tenant in a B-1, B-2, or any manufacturing district for a period not to exceed 14 days within a twelve-month period. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may erect one temporary sign not to exceed 50 square feet in area on one side and 100 square feet on all sides. All buildings, tents, signs, equipment, supplies, and debris shall be removed from the site within 10 days following the temporary activity.

(c)

(Reserved)[1]

[1]

Editor's Note: Former Subsection (c), regarding circuses and animal shows, was repealed 3-3-2020.

(d)

Farmers markets may be permitted in a B-1, B-2, or any manufacturing district for a period not to exceed 120 days in a twelve-month period. Special requirements may be imposed by the Zoning Administrator for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may erect one temporary sign not to exceed 50 square feet in area on one side and 100 square feet in area on all sides. All buildings, tents, signs, equipment, supplies, and debris shall be removed from the site within 10 days following the temporary activity.

(e)

Fireworks sales facilities are prohibited in the Town of Brookfield.

(13)

Site restrictions. No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Town Building Inspector, in applying the provisions of this section, shall, in writing, recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter the Town Plan Commission may affirm, modify, or withdraw the determination of unsuitability. In addition:

(a)

All lots shall abut upon a public street and each lot shall have a minimum frontage at the road right-of-way of 50 feet.

(b)

All principal structures shall be located on a lot; and only one principal structure shall be located, erected or moved onto a lot in single-family and two-family residential districts. The Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

(c)

No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(d)

Street yard and offset areas shall be landscaped and kept clean and free from the accumulation of debris and refuse and shall not be used for the storage or display of equipment, products, vehicles or other materials. All commercial and manufacturing lots shall maintain an area not less than 10 feet in width around the periphery of the lot that is free of structures, materials, trees or shrubs for access by emergency vehicles.

(e)

Lots abutting more restrictive district boundaries shall provide offsets not less than those required in the more restrictive abutting district. The street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

(14)

Use restrictions. The following use restrictions and regulations shall apply:

(a)

Principal uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.

(b)

Conditional uses.

Permits. The Town Board may issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. A review of all approved conditional use permits shall be made at least every five years. Applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where pertinent and necessary for proper review by the Plan Commission:

Names and addresses of the applicant owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located. For floodland conditional uses, such description shall also include information that is necessary for the Plan Commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground; fill or storage elevations; first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.

Plat of survey prepared by a registered land surveyor showing all of the information required under § 17.02(8)(c) for a building permit and, in addition, the mean and historic high-water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.

Additional information as may be required by the Town Plan Commission, Town Engineer, Zoning Administrator, or Plumbing Inspector.

Review and approval. The Town Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed plan of operation. Conditions such as landscaping, architectural design, dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the Town Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in § 17.11 of this chapter.

Public hearing. The Town Plan Commission shall hold a public hearing on each application giving public notice as specified in § 17.13 of this chapter. The Plan Commission may subsequently issue the conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.

Existing conditional uses. All uses existing at the effective date of this chapter which would be classified as a conditional in the district concerned if they were to be established after the effective date of this chapter, are hereby declared to be conforming conditional uses to the extent of their existing operation. Any proposed change in the existing operation shall be subject to the conditional use procedures as if such use were being established anew.

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

Revocation of conditional use permit. Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the Plan Commission or should the use, or characteristics of the use be changed without prior approval by the Plan Commission, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

Effect of denial. If an application for a conditional use permit is denied, a new application for the same conditional use or an application for a similar use will not be considered by the Town Board for a period of 12 months from the date of denial, except on grounds of new evidence, as determined by the Zoning Administrator.

Public and semipublic uses. The following public and semipublic uses shall be conditional uses and may be permitted as specified:

Airports, airstrips, and landing fields in the I-1 Institutional District, the M-1 and M-2 Manufacturing Districts, and A-1 Agricultural District, provided that the site is not less than 20 acres.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums, in all residential and business districts, in the M-1 and M-2 Manufacturing Districts, and in the P-1 Park District.

Utility substations, wells, pumping stations, and water towers in all districts, provided all principal structures and uses are not less than 50 feet from any residential district lot line.

Public passenger transportation terminals, such as heliports, and bus and rail depots, but excluding airports, airstrips, and landing fields, in all business districts and in the M-1 and M-2 Manufacturing Districts provided that uses are not less than 100 feet from any residential district boundary.

Public, parochial, and private elementary and secondary schools and churches in all residential districts and the P-1 Park District, provided the lot area is not less than two acres and all principal structures and uses are not less than 100 feet from any lot line.

Penal and correctional institutions in the I-1 Institutional District, provided that the site is not less than five acres and does not abut upon a residential property.

Cemeteries, mausoleums, and crematoriums which are subject to the requirements of Subchapter II, Chapter 157, Wis. Stats., in the I-1 Institutional District, provided that no structure may be located closer than 50 feet from any lot line.

Solar energy collectors erected as an accessory structure may be permitted in any district, provided that the structure shall comply with all the yard and height requirements for the district in which the solar collector is located.

Churches in B-3 Office And Professional Business Districts, provided that the lot area is not less than two acres and that all church related uses are not less than 100 feet from any lot line zoned or used for residential purposes. Before granting a conditional use, the Plan Commission shall approve a site plan and plan of operation which shall include estimates of occupancy during normal or special uses, required parking and traffic control related issues, any and all exterior accessory uses incidental to the operation of the church, the hours of operation, the length and terms of any lease if the church is to be located on property leased, rather than owned, and such information as may be required in the discretion of the Plan Commission so as to ensure that the granting of the conditional use will be consistent with the spirit and intent of the zoning code.

Any columbarium that is established and used by a religious association and is not subject to the requirements of Subchapter II, Chapter 157, Wis. Stats., as the result of the exemption granted by § 157.123(2) Wis. Stats, in the I-1 Institutional District for the purpose of promoting compatible use of residential property and stability of property values, any conditional use granted under this section shall require the submission of a plan of operation and a site plan. The Plan Commission shall review the proposed location of the columbarium, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, loading and unloading or other special needs accommodations, highway access, landscaping and open space, and such other matters as the Plan Commission deems appropriate to achieve the purposes described in this section. No conditional use authorized under this section may permit the construction and maintenance of any columbarium located within the street yard, offset or setback dimensions or restrictions as established by the underlying zoning classification.

Residential uses. The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

Community living arrangements which have a capacity for nine or more persons in the Rs-1, Rs-2, Rs-3, Rs-4, and Rd-1 Residential Districts.

Community living arrangements which have a capacity for 16 or more persons in the Rm-1 and Rm-2 Residential Districts.

Multifamily residential projects exceeding eight units per structure in the Rm-1 and Rm-2 Residential Districts.

Rest homes, nursing homes, clinics, and children's nurseries in the Rm-1 and Rm-2 Residential Districts and the I-1 Institutional District, provided all principal structures and uses are not less than 50 feet from any lot line.

Clubs, fraternities, lodges, and meeting places of a noncommercial nature in any residential district and the I-1 Institutional District, provided all principal structures and uses are not less than 25 feet from any lot line.

Home industries in any residential district, provided that:

The use of the residential dwelling for the home industry shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25% of the floor area of one floor.

ii.

One person other than members of the family residing on the premises may be employed or engaged in such home industry.

iii.

No traffic shall be generated by the home industry in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home industry shall be provided off the street and other than in the required street yard.

iv.

No outdoor storage of equipment or product shall be permitted.

Shall not be adverse to the residential character of the neighborhood in terms of either nonresidential traffic or solid waste storage or disposal of a quantity greater than normally expected in a residential neighborhood.

vi.

Shall have no measurable effect outside the building (noise, odors, vibrations, electrical disturbance, etc.).

Community living arrangements in all districts zoned for residential use, located between 1,500 feet and 2,500 feet of the location of another community living arrangement, subject to the provisions of § 60.63, Wis. Stats. for the purpose of promoting compatible use of residential property, stability of property values, and to prevent impairment of depreciation of property values, any conditional use granted under this section shall require the submission of a plan of operation and a site plan. The Plan Commission shall review the proposed location of the community living arrangement facility, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, loading and unloading or other special needs accommodations, highway access, landscaping and open space, and such other matters as the Plan Commission deems appropriate to achieve the purposes described in this section.

Business uses. The following commercial uses shall be conditional uses and may be permitted as specified:

Automotive, marine, and aircraft sales, service, repair, and storage facilities in the B-2 Business District, provided that there shall be not more than two automotive facilities or two marine facilities or two aircraft facilities in a one-mile radius.

Drive-in theaters in the B-2 Business District, provided that a planting screen at least 25 feet wide is created along any side abutting a residential district and no access is permitted to or within 1,000 feet of an arterial street.

Drive-in banks in the B-1, B-2 and B-3 Business Districts.

Drive-through and fast-food restaurants in the B-2 Business District.

Funeral homes in any business district and the I-1 Institutional District, provided all principal structures and uses are not less than 25 feet from any lot line.

Gasoline service stations and car washes in the B-1 and B-2 Business Districts, provided that all service islands, pumps, and structural supports for canopies shall meet the setback and yard requirements of the district, and further provided that there shall be not more than two such facilities in a one-mile radius.

Transmitting towers, receiving towers, relay and microwave towers in the B-2 Business and I-1 Institutional Districts.

Broadcast studios in the I-1 Institutional District.

Commercial daycare centers in B-2 Limited General Business District and B-3 Office and Professional Districts, provided that two of the same care facilities (child/child or adult/adult) are not allowed.

Industrial and agricultural uses. The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:

Animal hospitals with exterior runs in the B-2 Business District and the M-1 and M-2 Manufacturing Districts, provided all principal structures and uses are not less than 100 feet from any residential use.

Dumps, disposal areas, incinerators, and sewage treatment plants in A-1 Agricultural Districts and M-2 Manufacturing District.

Processing and manufacturing of feeds prepared for animals and fowl; storage of animal feeds, fertilizer, seeds, animal health products, and lawn and garden equipment in the M-1 and M-2 Manufacturing District, provided all storage operations are conducted within an enclosed building.

Lumberyards, millwork, sawmills, and planing mills in the M-1 and M-2 Manufacturing Districts.

Manufacturing and processing of dimension hardwood flooring, veneer, and plywood, in the M-1 and M-2 Manufacturing Districts.

Freight yards freight terminals, and transshipment depots in the M-1 and M-2 Manufacturing Districts.

Commercial service facilities, such as restaurants, fueling stations, and office uses, in the M-1 and M-2 Manufacturing Districts, provided that all such services are physically and saleswise oriented toward industrial district users and employees, and that other users are only incidental customers.

Mineral extraction. The following earthmoving and mineral extraction uses shall be conditional uses and may be permitted as specified:

Topsoil removal and sale may be permitted in any district except the C-1 Conservancy District. An adequate amount of topsoil shall be retained or stored on the site to accommodate final development of the site. An "adequate amount' is declared to be four inches of topsoil over all areas not paved or covered by buildings. The Town Board shall require the use of adequate soil erosion control measures to prevent tracking of Town streets and prevent pollution of surface waters caused by runoff.

Processing and storage of cement products in the M-3 Manufacturing District.

Mineral extraction operations, including washing, crushing, or other processing, may be permitted in the M-3 Manufacturing District, provided:

The application for the conditional use permit shall include an adequate description of the operation; a list of equipment, machinery, and structures to be used; a topographic map of the site showing existing contours with minimum vertical contour interval of five feet, trees, proposed and existing and proposed excavations; and a restoration plan.

ii.

The restoration plan provided by the applicant shall contain proposed contours after filling, depth of the restored topsoil, type of fill, planting or reforestation, and restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the Town's inspection and administrative costs and the necessary sureties which will enable the Town to perform the planned restoration of the site in event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by the Town Engineer, and the form and type of such sureties shall be approved by the Town Attorney.

iii.

The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period not to exceed two years. Modifications or additional conditions may be imposed upon application for renewal.

iv.

The Town Plan Commission shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character, and land value of the locality and shall also consider the practicality of the proposed restoration of the site.

Recreation uses. The following public recreational facilities shall be conditional uses and may be permitted as specified:

Archery ranges, bathhouses, beaches, boating, camps, conservatories, driving ranges, firearm ranges, golf courses, gymnasiums, ice boating, marinas, music halls, polo fields, pools, riding academies, stadiums, and zoological and botanical gardens in the P-1 Park District, provided that the lot area is not less than one acre and all structures are not less than 50 feet from any district boundary.

Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf facilities, physical culture facilities, pool and billiard halls, racetracks, rifle ranges, Turkish baths, skating rinks, and theaters are conditional uses and may be permitted in all nonresidential districts.

Conservancy uses. The following uses are conditional uses in the C-1 Conservancy Overlay District and may be permitted as specified:

The construction of streets which are necessary for the conduct of agricultural cultivation or to a silvicultural activity, or necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses, provided that:

The street cannot as a practical matter be located outside the Conservancy District;

ii.

The street is designed and constructed to minimize adverse impact upon the natural functions of the Conservancy District;

iii.

The street is designed and constructed with the minimum cross section practical to serve the intended use;

iv.

The street construction activities are carried out in the immediate area of the roadbed only; and

Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that:

The building cannot as a practical matter be located outside the Conservancy District;

ii.

The building is not designed for human habitation and does not exceed 500 square feet in area; and

iii.

Only limited filling or excavating necessary to provide structural support is conducted.

The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refugees, game preserves, and private habitat areas, provided that:

Any private recreation or wildlife habitat area must be exclusively for that purpose;

ii.

No filling is to be done; and

iii.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.

The Construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members, provided that:

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the Conservancy District; and

ii.

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the Conservancy Area.

The construction and maintenance of railroad lines, provided that:

The railroad lines cannot as a practical matter be located outside the Conservancy District; and

ii.

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the Conservancy Area.

PUD planned unit development. The PUD planned unit development conditional use is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types and mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; attractive recreation and open spaces as integral parts of the developments; enable economic design in the location of public and private utilities and community facilities; and ensure adequate standards of construction and planning. The PUD conditional use under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district.

Application of the PUD conditional use. This conditional use may be used for development in the following basic use districts except:

C-1 Conservancy District.

ii.

P-1 Park District.

Permitted uses. Uses permitted in a planned unit development conditional use shall conform to uses generally permitted in the underlying basic use district. Individual structures shall comply with specific building area and height requirements of the underlying basic use district. Open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.

Procedural requirements.

Prepetition conference. Prior to the official submission of the petition for the approval of a planned unit development conditional use, the owner or his agent making such petition shall meet with the Plan Commission or its staff to discuss the scope and proposed nature of the contemplated development.

ii.

Petition. Following the prepetition conference, the owner or his agent may file a petition with the Town Clerk for approval of a planned unit development conditional use. Such petition shall be accompanied by the review fee required under § 17.03 of this chapter and the following information:

[i]

A statement which sets forth the relationship of the proposed PUD to the Town's Master Plan or any adopted component thereof and the general character of and uses to be included in the proposed PUD, including:

[A]

Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any similar data pertinent to a comprehensive evaluation of the proposed development.

[B]

General summary of the estimated value of structures and site improvement costs, including landscaping and special features.

[C]

General outline of the organizational structure of a property owners' or management association proposed to be established to provide any necessary private services.

[D]

Proposed departures from the standards of development in this chapter, other Town regulations, administrative rules or universal guidelines.

[E]

Expected date of commencement of physical development as set forth in the proposal.

[ii]

A general development plan including:

[A]

Legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

[B]

Location of public and private roads, driveways, and parking facilities.

[C]

Size, arrangement and location of any individual building sites and proposed building groups on each individual site.

[D]

Location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.

[E]

Type, size and location of all structures.

[F]

General landscape treatment.

[G]

Architectural plans, elevation and perspective drawings and sketches illustrating the design and character of proposed structures.

[H]

Existing and proposed location of public sanitary sewer and water supply facilities and proposed location of all private utilities or other easements.

[I]

Characteristics of soils related to contemplated specific uses.

[J]

Existing topography on the site with contours at no greater than two-foot intervals.

[K]

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

iii.

Referral to Plan Commission. The petition for a PUD conditional use shall be referred to the Plan Commission for its review and recommendation, including any additional conditions or restrictions it may deem necessary or appropriate.

iv.

Public Hearing. The Plan Commission and Town Board shall hold a joint public hearing under §§ 17.12 and 17.13 of this chapter. Notice of such hearing shall include reference to the development plans filed in conjunction with the requested planned unit development conditional use. As soon as practical following the hearing, the Plan Commission shall report its findings and recommendations to the Town Board.

Basis for approval of petition.

The Plan Commission in making its recommendation and the Town Board in making its determination shall consider:

[i]

That the petitioners for the proposed Planned Development conditional use have indicated they intend to begin the physical development of the PUD within nine months following approval of the petition and the development will be carried out according to a reasonable construction schedule satisfactory to the Town.

[ii]

That the proposed planned unit development conditional use is consistent in all respects to the purpose of this section and spirit and intent of this chapter; is in conformity with the adopted Master Plan or any adopted component thereof, and the development would not be contrary to the general welfare and economic prosperity of the community.

[iii]

The proposed site shall be provided with adequate drainage facilities for surface and stormwaters.

[iv]

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

[v]

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas by the proposed development.

[vi]

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the Town.

[vii]

Centralized water and sewer facilities shall be provided.

[viii]

The entire tract or parcel of land to be included in a planned unit development conditional use shall be held under single ownership or if there is more than one owner, the petition for such planned unit development conditional use shall be considered as one tract, lot or parcel and the legal description shall define the PUD as a single parcel, lot or tract and be so recorded with the Register of Deeds for Waukesha County.

ii.

That in the case of a proposed residential planned unit development conditional use:

[i]

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.

[ii]

The total net residential density within the planned unit development conditional use will be compatible with the Town Master Plan or component thereof.

[iii]

Twenty percent of any area within a planned unit development zoned C-1 Conservancy District under this chapter or Floodplain or Conservancy District under the Waukesha County Shoreland and Floodland Protection Ordinance may be used in calculating density if the total number of units permitted does not exceed 20% of the units permitted without using floodland or conservancy lands.

[iv]

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

[v]

Adequate, continuing fire and police protection is available.

[vi]

The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

[vii]

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

iii.

That in the case of a proposed commercial planned unit development conditional use:

[i]

The proposed development will be adequately served by off-street parking and truck service facilities, and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas.

[ii]

(Reserved)[2]

[2]

Editor's Note: Former Subsection (14)(b)9.d.iii.[ii], which regarded undue burdens on public services and facilities, of the 2005 Code was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II). See now § 17.02(14)(b)9.d.iii.[i].

[iii]

The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

[iv]

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

iv.

That in the case of a proposed industrial planned unit development conditional use:

[i]

The operational character, physical plant arrangement and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.

[ii]

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas.

[iii]

The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail, arterial highway facilities or both.

[iv]

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

That in the case of a mixed-use planned unit development conditional use:

[i]

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which as a total development entity is compatible with the surrounding neighborhood.

[ii]

The various types of uses conform to the general requirements stated above, applicable to projects of such use and character.

[iii]

Determination. The Town Board, after due consideration, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions and restrictions. The approval of a planned unit development conditional use shall be based upon and include as conditions thereto the building, site and operational plans for the development as approved by the Town Board.

Changes and Additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Plan Commission, and if in the opinion of the Commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Commission shall be required and notice thereof be given under § 17.12 of this chapter and such proposed alterations shall be submitted to the Town Board for approval.

Subsequent land division. The division of any land within a planned unit development conditional use for the purpose of change or conveyance of ownership shall be accomplished under the Town land division regulations and when such division is contemplated, a preliminary plat of the lands to be divided shall accompany the petition for PUD approval.

A conditional use for a compact development form planned unit development (PUD) shall be available in all districts in which PUDs are available subject to the requirements of § 17.02(14)(b)9d and as described below:

A compact development form PUD shall allow a mixture of commercial, office, residential, institutional and park and open uses and may also allow for single use projects that contain certain specified urban design elements. Such projects are envisioned to accommodate compact, higher-intensity development or redevelopment in settings where urban services are available and new compact development is appropriate and will contribute to the vitality of the community.

ii.

The compact development form PUD shall require a heightened level of site design, and individual buildings shall be arranged in a unified fashion so as to be complementary to each other and to be compatible with the surrounding neighborhood. Higher-density residential development is encouraged (less than 6,000 square feet of land area per dwelling unit) in location-appropriate areas and can be authorized within this conditional use category.

iii.

This PUD option provides opportunity for design flexibility and sets forth basic requirements for compact development projects in order to accommodate unique, integrated development projects. The availability of this design option recognizes that the community realizes economic, aesthetic and quality of life benefits from projects with interesting design and higher-intensity mixed uses in projects with an upscale dynamic. Development projects or new neighborhoods with vertical scale architecture, mixed uses, pedestrian facilities and public gathering spaces create more dynamic places that are attractive for people to live, work and play within. Required amenities will benefit both the developer and the community while also allowing for orderly and efficient land use. For a project to be eligible for consideration and approval as a compact development form PUD, the following project design elements shall be provided:

[i]

Compact development form PUDs will only be considered in existing corridor business settings or in close proximity to major transportation facilities, such as interstate highway interchanges, county trunk highways, major arterials or mass transit stops.

[ii]

Proposed development projects must be complementary to the surrounding neighborhood.

[iii]

Eligible sites must be served by municipal sewer and municipal water.

[iv]

Architecture, landscaping and building siting must be designed to create an attractive and cohesive environment that contributes positively to the existing setting. Landscape treatments shall be provided to enhance architectural features, improve appearance, screen parking areas and structures, provide shade and enhance the streetscape.

[v]

Compact development form scale architecture (minimum two-story buildings or two-story facades) is required. Maximum permissible building height and massing must be complementary to the neighborhood as determined by the Town Plan Commission and Town Board.

[vi]

Building designs shall utilize a variety of aesthetically compatible exterior building materials and building styles and articulations shall be varied. Long, monotonous facades or roof designs shall not be permitted. HVAC units and other rooftop mechanicals/utilities are required to be screened from view.

[vii]

Meaningful communal gathering and green spaces provided in accessible settings must be an integral part of any proposed development.

[viii]

Pedestrian facilities must connect buildings and uses within the proposed development and must connect the development to the surrounding neighborhood in order to provide safe and convenient access for patrons, residents, and pedestrians. Bicycle accommodations should be considered in project design.

[ix]

Buildings shall be predominantly oriented to streets with minimal street setbacks.

[x]

Large surface parking lots shall be minimized with specific consideration given to avoidance of parking lots between buildings and the street edge. Structured, underground or on-street parking must be provided to the greatest extent practicable. Surface parking lots should be located to the side and rear of buildings as much as possible. Parking areas should be landscaped to incorporate planting islands large enough so they may also serve as stormwater areas or snow storage areas.

[xi]

Retail and mixed retail/office buildings shall provide large store front windows that provide visibility and transparency at the pedestrian level.

[xii]

A compact development form for residential development is permissible at densities dependent upon, and related to, the form and massing of buildings. Specified maximum building height, setbacks, build-to lines, offsets, and on-site parking requirements are to be established by the Planning Commission and Town Board, which will determine available housing densities. "More of the same" is specifically discouraged.

[xiii]

Internal streets must be designed to adequately serve the users of the proposed development and contain traffic calming measures (landscape bumpouts, parallel or angle on-street parking, visually conspicuous crosswalks, narrow streets, etc.) while allowing for safe and efficient traffic circulation.

[xiv]

Developers of mixed-use projects or structures with more than one tenant shall submit a comprehensive description of a uniform signage system so that individual business or tenant signs will be harmonious and compatible with the overall design of the structures and site. Individual tenant signage must be predominantly wall mounted.

[xv]

Streets and pedestrian facilities shall contain appropriate streetscape amenities (street trees, street furniture, such as benches, planters, trash receptacles, information kiosks, bike racks, bus shelters, appropriate scale lighting and wayfinding signage), and the Architectural Control Committee shall set forth the required streetscape elements with consideration given to similar Town-imposed requirements, if applicable. Terraces to separate pedestrians from vehicles shall be provided, where feasible. ADA-complaint access and facilities shall be provided throughout the development. Sidewalks that will traverse predominantly retail or restaurant use areas shall be wide to accommodate space for passing pedestrians and certain designated sidewalks within retail areas should be widened to allow for sidewalk cafe dining or outdoor retail display while still providing for pedestrian passage.

(c)

Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Town Board in accordance with § 17.02(14) of this chapter.

(d)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Town Plan Commission, provided such uses are similar in character to the principal uses permitted in the district.

(e)

Interpretations. Interpretations concerning whether specific uses are permitted and concerning the precise location of zoning district boundaries shall be made initially by the Building Inspector. Interpretations may be corroborated or modified by the Plan Commission. Persons a grieved by an interpretation of the Building Inspector or Plan Commission may appeal such interpretation to the Zoning Board of Appeals as set forth in § 17.11 of this chapter.

(f)

Temporary uses. Temporary uses are considered special uses regarding review and approval by the Building Inspector and issuance of a special occupancy permit as set forth in § 17.02(12) of this chapter.

Description and purpose.

A temporary use is the use of property conducted from an area or structure (e.g., parking lots, lawns, trucks, tents, or other temporary structures) that does not require a building permit and that may or may not comply with the use or lot and building standards of the zoning district in which the use is located.

The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the overall purposes of this chapter and when the operation of the temporary use will not be detrimental to the public health, safety, or general welfare.

Temporary uses include temporary buildings and uses for construction purposes for a period of not more than one year.

(Reserved)[3]

[3]

Editor's Note: Former Subsection (14)(f)(2), Definitions, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art, II).

Authority to approve.

Unless otherwise provided herein, all temporary uses are subject to all Town permits and requirements.

The Zoning Administrator is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses that will help to ensure that they do not create unreasonable adverse impacts on surrounding uses and that they operate safely, consistent with the general purposes of this chapter.

The Zoning Administrator is also authorized to require that individual temporary use requests be processed as conditional uses.

Exemptions. The following are permitted as temporary uses without complying with the permit requirements of this section.

Temporary uses and structures needed as the result of a natural disaster or other health and safety emergencies during the period of the emergency;

Temporary events or activities occurring within, or upon the grounds of, a private residence or upon the common areas of a multiunit residential development;

Garage sales conducted in zoning districts zoned for residential use, or on parcels occupied by residential dwelling units; and

Temporary uses conducted on public property, provided such uses have been approved by the Town Board or other duly authorized Town official.

Authorized uses. The following may be approved by the Zoning Administrator as temporary uses when the Zoning Administrator determines that the operation of such use will be generally compatible with surrounding uses and will not be detrimental to public safety:

Temporary signs, subject to § 17.08(7);

Temporary sales offices, including real estate sales and rental field offices, and other temporary uses, subject to § 17.02(12);

Flea markets, subject to § 17.02(12)(b).;

Farmers markets, subject to § 17.02 (12);

Christmas tree and similar holiday sales lots;

Outdoor carnivals;

Outdoor concerts, festivals, and similar events;

Temporary portable storage containers;

Auctions;

Similar uses and activities as determined by the Zoning Administrator.

Conditions of approval. In approving a temporary use, the Zoning Administrator is authorized to impose conditions on the operation of temporary uses that will help to ensure that they do not create unreasonable adverse impacts on surrounding uses and that they operate safely, consistent with the general purposes of this chapter. Such conditions may include the following:

Requirements for vehicle access and parking.

Restrictions on hours of operation;

Limitations on signs, outdoor lighting, and amplified sound;

Requirements for financial guarantees for cleanup and/or removal of structures or equipment; and

Approval of an agreement between the applicant, property owner or other responsible party and the Town, for reimbursement to the Town of reasonable anticipated costs that will be incurred by the Town for providing police and fire protection, if necessary, for any event or activity for which a temporary use permit is issued.

Other conditions necessary to carry out the general purposes of this chapter.

(g)

Accessory use regulations. Accessory uses are permitted in any district as may be specified in the appropriate district regulations or herein. A building permit shall be required where specifically noted in this section. Accessory uses are permitted only after their principal structure is present or under construction.

Accessory structures.

Accessory structures including, but not limited to, garages, garden or utility sheds, playhouses, or gazebos may be located in the rear yard only. Accessory structures shall be placed respecting, and in sensitivity to, the uses on the adjacent properties. Accessory buildings shall be screened from view from the street and all property lines via landscaping, trellises or other means to minimize the impact and visual clutter. Garages, gazebos, and garden or utility sheds require a building permit, and shall be consistent in design and finish materials with the zoning district in which it is located. Accessory structures shall not occupy more than 20% of the rear yard, with a maximum area of 625 square feet in all districts except the business and manufacturing districts, where such uses and structures shall not occupy more than 50% of the rear yard area.

Accessory buildings shall be located at least 10 feet from the principal structure; shall be on a pad of concrete, shall be located not closer than five feet to a lot line for structures less than 120 square feet; exceeding 120 square feet shall conform to the offset requirements of the zoning district; and shall not exceed 11 feet in height. Not more than one accessory building shall be erected on any residential districts without a conditional use permit as provided in § 17.02(14).

Improved surfaces.

Patios installed at existing yard grade, may be constructed in side and rear yards without a building permit, adjacent to the principal structure, and shall be located not closer than three feet to a lot line.

Improved surfaces for vehicular parking may, upon the issuance of a building permit, be installed not closer than three feet to a lot line.

Decks. Decks shall conform to the offset and setback requirements for the district in which they are located and shall require the issuance of a building permit.

Pet kennels. Permanently installed pet kennels may be placed in the rear yard of any residential district, provided that the kennel is located not closer than five feet from a lot line; that the kennel is placed on a pad of concrete or asphalt; that the kennel is enclosed by a fence not less than four feet nor more than six feet in height; and that no pet kennel shall exceed 150 square feet in area and shall be screened from all abutting properties with landscaping.

Home occupations. Home occupations are a permitted accessory use in any residential district, provided that:

The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25% of the floor area of one floor.

No home occupation or home office shall be located in or conducted in an accessory structure.

One person other than members of the family residing on the premises may be employed or engaged in such home occupation or home office.

Home occupations shall use only household equipment and no stock-in-trade shall be kept or sold except that made on the premises.

No traffic shall be generated by the home occupation or home office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation or use shall be provided off the street and other than in the required street yard.

No outdoor storage of equipment or product shall be permitted.

Shall have no measurable affect outside the building (noise, odors, vibrations, electrical disturbance, etc.)

Home industries. Home Industries, as defined in § 17.01(9)(b), shall be considered conditional uses in any residential district, as provided in § 17.02(14) of this chapter.

Miscellaneous uses.

Children's swing sets, active compost piles, clothes lines and gardens are permitted in side and rear yards without a permit, provided that such uses shall be located at least three feet from a lot line. Central air-conditioning compressors may be placed in any yard, provided that the air-conditioning compressor is screened from view.

Accessory uses and structures, such as basketball hoops, birdbaths, flag poles, fountains, lawn furniture, religious statues and wishing wells may be placed in any yard without a building permit, provided that such use does not interfere with the vision clearance triangle as set forth in § 17.06 of this chapter; shall not be located closer than three feet to a side or rear lot line and shall not exceed 15 feet in height [except for flag poles, as provided in § 17.07(2)].

Proposed locations other than herein prescribed are subject to the approval of the Building Inspector.

Rummage sales. Rummage sales may be conducted in any residential district, provided that the sale does not exceed four consecutive days in length and is not conducted more often than three times per year. Rummage sales do not require the issuance of a permit. Rummage sale signs shall be limited as provided in § 17.08(3)(e) of this chapter.

Swimming pools. Private swimming pools are permitted in the side or rear yard upon the issuance of a building permit, provided that:

All private swimming pools shall be surrounded by a fence not less than four feet nor more than six feet in height designed to prevent unguarded entry to the pool. Sidewalls of aboveground pools which are at least four feet high may be used in lieu of a fence;

Access to private swimming pools shall be controlled to prevent unguarded entry into a pool. Access to in-ground pools shall be controlled by a self-closing and self-latching gate and all such gates shall be kept securely closed and locked at all times when the owner is not present at the pool. For an above-ground pool, a tip-up ladder may be provided in lieu of the gate;

Swimming pools shall not be constructed directly under or over electric transmission lines or within 15 feet of such lines. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or surrounding fence; installed by a licensed electrical contractor upon issuance of an electrical permit and installed in conformance with the requirements of the National Electrical Code;

No water drained from swimming pools shall be discharged onto adjacent properties without written consent of the owner, or into a municipal sewerage system, or directly into a navigable body of water;

Equipment shall be provided for the disinfection of all pool water. No gaseous chlorination shall be permitted;

Heating units, pumps, and filter equipment shall be adequately housed and muffled in such a manner as not to create a nuisance. Such equipment shall be located not closer than 10 feet to a lot line;

There shall be an unobstructed areaway around all pools of at least three feet in width;

No private swimming pool shall be located closer than 10 feet to a lot line. No areaway surrounding a private swimming pool shall be located closer than three feet to a lot line;

Private swimming pools, together with other accessory structures regulated by § 17.02(14)(g)1 of this chapter, shall not occupy more than 50% of the rear yard area.

10.

Tennis and volleyball courts. Private tennis courts and volleyball courts accessory to a residential use may be placed in the side yard or rear yard in any residential district, provided that the use is located not closer than three feet to any rear or side lot line; and provided that no lighting installed around a private recreation facility shall throw rays onto adjacent property. The Plan Commission may permit the construction of a fence around the court when it is determined that such a fence is needed for safety purposes or to prevent the court from being a nuisance to neighbors.

11.

Fences. Fences may be permitted as an accessory use in any district upon issuance of a permit and compliance with the requirements in this section. All fences shall be constructed in such a manner that the "finished" side faces the neighboring property and the fence posts are on the side of the fence facing the subject property.

In residential districts, all fences constructed after January 1, 2024, shall comply with the following requirements:

Open fences are permitted up to the lot line in the side and rear yards but shall not extend into the street yard or exceed a height of four feet. Unless approved by a conditional use permit, chain link and barbed wire fences are prohibited. Such prohibition includes chain link and barbed wire fences surrounding tennis courts, basketball courts, and other similar recreational areas. Open fences may be placed in the street yard of double frontage or corner lots if the fence is set back at least five feet from the street right-of-way, the side facing the street is attractively landscaped, and the Zoning Administrator determines that the fence's location and appearance is consistent with the surrounding neighborhood continuity standard. The Zoning Administrator may forward the fence permit application to the Plan Commission for final approval.

ii.

Solid fences are permitted up to the lot line in the side and rear yard but shall not extend into the street yard or exceed a height of six feet. Any solid fence located closer than three feet from the property line shall receive a conditional use permit. Solid fences may be placed in the street yard of double frontage or corner lots if the fence is set back at least five feet from the street right-of-way, the side facing the street is attractively landscaped, and the Zoning Administrator determines that the fence's location and appearance is consistent with the surrounding neighborhood continuity standard. The Zoning Administrator may forward the fence permit application to the Plan Commission for final approval.

iii.

Prior to permit approval, any person proposing a solid or open fence that will be located within five feet of a lot line shall submit a plat of survey depicting the location of the proposed fence and stake the corners of the property.

In any district, ornamental fences are permitted up to the lot line in the side, rear, and street yard but shall not extend into the street right-of-way or exceed a height of three feet. Ornamental fences shall comply with the traffic visibility requirements set forth in § 17.06 of this chapter. Ornamental fences shall require a fence permit.

In any district except residential districts, chain link, barbed wire, or other security fencing is permitted up to the lot line in the side, rear, and street yard but shall not extend into the street right-of-way or exceed a height of 10 feet. Any portion of such fencing located in the street yard shall be an open fence as defined in § 17.01(9)(b) of this chapter. Barbed wire fences may include up to four strands of barbed wire on the top of the fence, provided that the barbed wire is at least eight feet above grade with the vertical supports for the barbed wire slanting inward away from the neighboring property line. Fences authorized by this section shall comply with the traffic visibility requirements set forth in § 17.06 of this chapter.

(Reserved)

Except as otherwise permitted in this section, barbed wire, razor wire, corrugated metal, chicken wire, T-posts and U-posts, and electric fences are prohibited.

Exemptions from permit and permit standards. The following fences are exempt from the requirements of this section:

Temporary fencing used for the protection of excavation, construction sites, and individual plants.

ii.

Decorative fencing, fences encompassing a garden, pet kennels, and other similar fences, provided that they are not located in the front yard, set back at least five feet from all property lines, and do not exceed a height of six feet.

iii.

Invisible fencing intended for pets.

All fences and posts shall be maintained in a structurally sound and attractive manner.

Any utility equipment located within a fence shall be safe and accessible. If the metering location becomes unsafe or inaccessible, the owner shall be required to remove the fence or have the utility equipment moved at the owner's expense.

Fence permits may be approved administratively by the Zoning Administrator. Any proposed fence that does not comply with this section shall be considered a conditional use under § 17.02(14) of this chapter.

12.

Screening enclosures. Enclosures intended to screen equipment, dumpsters or materials, are permitted in the side and rear yards in all districts without permit subject to the area restrictions as contained under "accessory structures" above and to review and approval by the Architectural Review Committee and shall conform to the offset requirements of the district.

13.

Antennas. The Town of Brookfield recognizes that the development of various antennas, including earth station dish antennas, and their increased use poses questions of regulation not often addressed in municipal zoning ordinances. In developing antenna regulations, the interest of the antenna owner in the use of the device must be balanced with the interest of adjoining property owners and the general public so as to protect the health and safety of all citizens, as well as the aesthetic values embodied in this chapter. To this end, the following regulations are adopted. Antennas are permitted as accessory uses in any district subject to the following regulations. These provisions shall not be deemed to apply to an antenna, including earth station dish antennas, which are less than two feet in diameter.

Terrestrial antennas and earth station dish antennas may be located in the rear yard or on the roof of the principal structure in all agricultural, business, office, manufacturing, institutional, or park districts.

All freestanding terrestrial antennas and roof antennas shall meet the height requirements for the district in which they are located, except as provided in § 17.07 of this chapter.

Ground-mounted earth station dish antennas shall not exceed 15 feet in height.

All terrestrial antennas shall be located not less than one foot from a lot line for each three feet of height above the surrounding grade to any element of the antenna, with a minimum offset of five feet.

All earth station dish antennas shall be located not less than five feet from a side or rear lot line.

All antennas, including earth station dish antennas, shall be constructed and anchored in such a manner to withstand winds of not less than 80 miles per hour and such installations shall be constructed of noncombustible and corrosive resistant materials.

Earth station dish antennas shall be located and designed to reduce their visual impact on surrounding properties.

No form of advertising or identification may be displayed on the dish or framework of any antenna other than the customary manufacturer's identification plates.

All dish antennas exceeding 48 inches in diameter, and the construction supports and installation thereof, shall conform to applicable Building Code and Electrical Code regulations and requirements. Appropriate permits shall be issued by the Building Inspector. Prior to the issuance of a permit for a building-mounted earth station dish antenna, the applicant shall submit a plan or document prepared by a registered professional engineer which certifies that the proposed dish antenna installation is structurally sound to accommodate wind load, snow load, and dead load. The Building Inspector shall review and approve plans, including ground elevation, for location of all earth station dish antennas prior to the issuance of a permit.

Portable or trailer-mounted antennas are not permitted with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed two days at any one location.

In the event the property owner of a parcel of land located in a residential district determines and documents that the placement of an antenna in a rear yard would prevent its use for its intended purpose, the property owner may apply to the Zoning Board of Appeals for a variance to allow for the installation of the antenna in a side yard location. The procedure for issuing the variance shall follow the procedure set forth in § 17.11 of this chapter.

(h)

Air dome structures. The use of air dome structures in the Town is prohibited.

(15)

Reduction or joint use. No lot, yard, parking area, building or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.

(16)

Special exceptions.

(a)

Approval required. Where certain developments or uses are of such special nature, or such a unique situation, or their effect is so dependent upon actual contemporary circumstances as to make impractical the absolute predetermination of permissibility or listing of specific standards which would be automatically applied in each case to determine permissibility, an application for a special exception may be made to the Town Board. In such case, the development or use may be permitted if the Town Board, after a public hearing, determines that there is or will be compliance with the requirements set forth in this section. In order to approve a special exception, the Town Board does not require the demonstration of an unnecessary hardship or practical difficulty.

(b)

Procedures.

Petition made. A petition for special exception shall be made to the Town Board for consideration.

Filing a petition. Such petition shall be prepared and submitted on printed forms provided for this purpose and shall be filed with the Town Clerk, who shall present it to the Town Board at its next meeting.

Data required. In addition to all information required on the petition form, the petitioner shall supply the following:

Twelve copies of a plot map drawn to a scale of not less than 100 feet to the inch showing the land in question, it's location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land.

The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed change.

A detailed description of the intended development or use (plan of operation).

Any further information is required by the Town to facilitate the making of an evaluation of such request, such as a site plan depicting proposed buildings, parking, traffic impact, landscaping, drainage, sanitary sewer, erosion control and other factors as would be pertinent including the impact on public facilities.

Hearing. The Town Board and Plan Commission shall hold a joint public hearing within 60 days of the receipt of such petition. Notice of the time and place of such hearing shall be given in the manner prescribed under § 17.13(1) of this chapter.

At the next regularly scheduled meeting after such public hearing, the Plan Commission shall act Board shall take action to approve the petition, deny the petition, or approve the petition with conditions.

Fee. Any petition shall be accompanied by a fee as set from time to time by the Town Board to defray the cost of publication, notification, and holding a public hearing. The petitioner shall also pay to the Town all costs incurred for legal, planning, engineering, and administrative work necessary to administer the application and oversee the development.

(c)

Basis of approval. An application for a special exception may be approved, denied, or approved with conditions. If approved, the Town Board must determine that the approval, except as elsewhere herein expressly provided, shall not:

Be inconsistent with or contradictory to the purpose, spirit or intent of the Town's General Code;

Violate the spirit or general intent of this chapter;

Be contrary to the public health, safety or welfare, but rather shall promote the public health, safety and welfare;

Be hazardous, harmful, noxious, offensive or a nuisance by reason of noise, dust, smoke, traffic congestion, odor or other similar factors;

For any other reason, cause a substantial adverse effect on the property values and general desirability of the neighborhood; and

Be a use which is incompatible to the surrounding land uses.

(d)

Nonconforming use of structures or land. A special exception may be granted to allow the substitution of a more restrictive nonconforming use for an existing nonconforming use, provided that the new use does not exacerbate any existing violations of the preceding point list in § 17.02(16)(c), nor result in a greater degree of nonconformity than the current use.

(e)

Determination. The action of the Town Board shall be stated in writing, and shall include findings of fact setting forth the basis upon which the special exception is granted, utilizing and referring to the criteria set forth above. A copy of the Town Board's action shall be made a permanent part of the Town's records. If a special exception is not approved, the reasons therefore will be included in such record. If approved, such special exceptions shall be approved only by the unanimous vote of the members of the Town Board present and voting.

(17)

Other permits. It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or county agency. This includes, but is not limited to, a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Act,[4] a water use permit pursuant to Chapter 30 of the Wisconsin Statutes, or a water quality certification pursuant to Chapter NR 103 of the Wisconsin Administrative Code.

[4]

Editor's Note: See 33 U.S.C. § 1344.

Brookfield Town City Zoning Code

§ 17.02