(a)

Permitted home occupations in all residence districts shall be any business or occupation carried on by a member of the immediate family residing within the dwelling in connection with which:

(1)

The home occupation is incidental and secondary to the use of the dwelling for dwelling purposes, and does not occupy more than one-fourth of the floor area of a story, cellar or accessory structure;

(2)

There are no signs, display or activity that will indicate from the exterior that the building is being used, in part, for any purpose other than that of a dwelling, except one sign, not more than two square feet in area and as may be regulated in article IX of this chapter;

(3)

There are no commodities sold, or services rendered that require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by U.S. letter carrier mail service;

(4)

There is no person other than one additional member of the immediate family residing on the premises employed or otherwise engaged in the home occupation;

(5)

All activity, including storage, is conducted completely within the dwelling unit, attached garage or detached garage;

(6)

There are no special structural alterations, or construction features to the dwelling, attached garage or detached garage nor the installation of special equipment attached to walls, floors or ceilings;

(7)

There is no perceptible noise, odor, smoke, electrical interference or vibration emanating from the structure;

(8)

There is no more than one customer or client on the premises at the same time; and

(9)

There is no activity between the hours of 11:00 p.m. and 7:00 a.m.

(b)

The only modification to the standards in subsection (a) of this section shall be those specified as conditional permitted uses within the regulations of a residence district.

(c)

Rummage sales.

(1)

Definitions. As used in this section, the following terms shall have the meanings indicated:

a.

Personal property. Property which is owned, utilized and maintained and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

b.

Rummage sale. Includes all general sales, open to the public, conducted from or on a residential premises, including but not limited to all sales titled "rummage," "lawn," "yard," "estate," "porch," "room," "backyard," "patio," or "garage" sale.

(2)

Property permitted to be sold. It shall be unlawful for any person to sell or offer for sale at a rummage sale property other than personal property. Unless otherwise permitted specifically in the regulations for the zoning district, rummage sales are permitted only in residential zoning districts.

(3)

Permit. A person offering property for sale at a rummage sale, and conducting such sale at or upon a residential property, shall notify the village clerk, and shall conduct such sale subject to subsections (4), (5), (6), and (7) as hereinafter set forth.

(4)

Hours and place of operation. Rummage sales shall be conducted only between the hours of 8:00 a.m. and 7:00 p.m. No more than three rummage sales in one calendar year may be conducted from any premises. Each sale may last no longer than three consecutive days and must be conducted on the seller's property.

(5)

Signs. Signs for "rummage sale," "garage sale" or similar signs shall be subject to the sign regulations set forth in section 121-327 of the Village of Brown Deer Code.

(6)

Removal of signs. All signs, no matter where placed, must be removed within 24 hours of the close of the rummage sale.

(7)

Penalty. Any person who violates or fails to comply with any provision of this section shall be subject to the provisions of section 1-7 of the Brown Deer Code.

(Prior Code, § 22-1-1.01; Ord. of 9-20-1954, § 22-1-1.01; Ord. No. 13-05, § I, 9-16-2013)

(a)

Purpose. The R1 single-family detached residence district is intended to provide regulations which will maintain the character and stability of existing single-family neighborhoods in the village which have a wide range of lot sizes in excess of 14,400 square feet.

(b)

Permitted uses.

(1)

Agriculture on a tract of land not less than 20 acres in area, except the following shall not be permitted whether as a dominant or accessory use in the pursuit of agriculture:

a.

Commercial dairies;

b.

Commercial dog kennels for propagating and/or raising or boarding dogs;

c.

Commercial mink, rabbit, fox, goat, and other animals propagating and/or raising or boarding;

d.

Commercial production of eggs, or hatching, raising, fattening, and/or butchering of chickens, turkeys and other poultry or fowl on a commercial scale. Any poultry or fowl house or houses on any building site area used for such purpose having an aggregate floor area of 450 square feet or more shall be considered to be a commercial poultry or fowl house under this article;

e.

Commercially operated greenhouses;

f.

Farms for the raising, feeding and/or fattening of hogs for market on a wholesale or commercial basis; and

g.

Farms operated publicly or privately for the disposal of garbage, sewage, rubbish or offal.

(2)

Churches, chapels, temples or synagogues, on a lot less than two acres in area.

(3)

Community garden.

(4)

Community living arrangements, subject to the restrictions and conditions set forth in Wis. Stats. § 62.23(7)(i), and subject to issuance of an occupancy certificate and notice to all property owners within 500 feet of the subject living arrangement.

(5)

Golf courses, standard, public, semi-public or private, including a clubhouse in which serving of refreshments and food are for use only by persons securing daily fee permits for playing a public or semi-public golf course, or persons who are bona fide members and their guests of a private golf club, including housing within the clubhouse for guest and employees of a private club; provided that such golf course shall not be artificially lighted for night play, nor include commercially operated miniature golf courses or golf driving ranges.

(6)

Growing of nursery, garden or farm crops in the open; provided that no livestock or poultry are kept, no offensive odors or dusts are created and no retail sales are conducted from the site.

(7)

Park and playgrounds, public.

(8)

Schools, elementary, junior high, high, or junior college nonboarding.

(9)

Single-family detached dwellings.

(10)

Temporary buildings for construction purposes for a period not to exceed such construction.

(11)

Accessory uses to the above permitted uses, including, but not limited to:

a.

Home occupations;

b.

Off-street parking and off-street loading facilities; and

c.

Signs, as regulated in article IX of this chapter.

(c)

Conditional permitted uses.

(1)

Art galleries or museums on a lot not less than two acres in area and historical buildings and other landmarks preserved for public inspection.

(2)

Cemeteries on a lot not less than 20 acres in area.

(3)

Churches, chapels, temples or synagogues on a lot not less than two acres in area.

(4)

Colleges or universities and accessory uses, including housing for students, faculty, and others employed on the premises on a lot not less than ten acres in area.

(5)

Convents, monasteries and seminaries on a lot not less than two acres in area.

(6)

Hospitals on a lot not less than five acres in area.

(7)

Landfills and temporary excavations filling of holes, pits or lowlands with nonodorous, noncombustible material free from garbage or other refuse and the removal of earth or gravel for a period of time not to exceed six months; provided the application for a conditional use permit contains plans showing existing topography, area, and finished grades of the filling operations, and stormwater drainage facilities, and an agreement signed by the applicant setting forth the method of operations, type of fill materials to be used, the use and topography of filled or excavated land upon completion of operations, and, in the event the filled or excavated land is not to be used within six months after completion of filling operations for a building or permanent land improvements, the area will be seeded with grass seed or other green cover crop approved by the village board. The board may require a completion bond to assure satisfactory stormwater drainage facility and installation of green cover crop.

(8)

Nursery schools.

(9)

Outdoor recreation, private or public, on a lot not less then ten acres in area, including one or more of the following uses: riding clubs, polo fields, horse shows, hunter trails, and other equestrian sports; conservation clubs; Girl Scout and Boy Scout lodges or clubhouses, private parks or playgrounds; archery ranges; and other outdoor recreation uses as approved by the village board; accessory uses, buildings, and structures, such as off-street parking and loading facilities, administration maintenance and clubhouse buildings; provided such accessory buildings are located at least 200 feet from any boundary line of the lot, and open off-street parking and loading facilities are at locations on the lot as approved by the board.

(10)

Public utility and governmental service uses. Lot areas and lot widths for the following uses shall be as recommended by the plan commission and approved by the village board and may be lesser or greater in area or width than herein required in the district regulations.

a.

Electric distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Radio and television towers and antennae.

f.

Railroad right-of-way and passenger stations.

g.

Transit and public transportation facilities including passenger shelters.

h.

Telephone exchange buildings, microwave relay towers, and telephone transmission equipment buildings.

i.

Water filtration plants, pumping stations, reservoirs, and towers, and sanitary and storm sewer lift stations, public or community.

j.

Bicycle path.

(11)

Schools, boarding (elementary, junior high or high), on a lot not less than ten acres in area.

(12)

Accessory uses to the above conditional permitted uses, including, but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs as regulated in article IX of this chapter.

(d)

Lot area. Except as herein otherwise required for a specific permitted use or a conditional permitted use, the minimum interior lot area shall be not less than 14,400 square feet, and the minimum lot area of corner lots shall be not less than 15,400 square feet.

(e)

Lot width. Except as may be otherwise required for a specific permitted or conditional permitted use, the minimum lot width shall be not less than 100 feet.

(f)

Floor area ratio.

(1)

Single-family detached dwellings, not applicable.

(2)

Nonresidential permitted uses and conditional permitted uses, not more than 0.2.

(g)

Building height. The maximum height of single-family detached dwellings shall be 35 feet or 2½ stories, whichever is lower.

(h)

Ground floor area per dwelling.

(1)

One-story dwellings, not less than 1,750 square feet.

(2)

Tri-level dwellings, not less than 1,750 square feet.

(3)

Two-story dwellings, not less than 2,200 square feet.

(4)

Bi-level dwellings, not less than 2,800 square feet.

(i)

Setbacks.

(1)

Front, not less than 30 feet in depth.

(2)

Side, as follows:

a.

Residential uses, two side setbacks each not less than ten feet in depth, except a side setback adjoining a street shall be not less than 30 feet in depth.

b.

Nonresidential uses, two side setbacks each not less than 20 feet in depth, except a side setback adjoining a street shall be not less than 50 feet in depth, and for buildings more than 30 feet in height, each interior side setback shall be increased in depth by two feet for each additional foot of building height over 30 feet.

(3)

Rear, not less than 30 feet in depth.

(j)

Off-street parking and off-street loading and garages. In accordance with regulations set forth in article VIII of this chapter.

(k)

Cellars. No building for single-family residence or dwelling shall be constructed in the R1 residence district unless a cellar thereunder shall be simultaneously constructed. Said cellar shall have minimum area as stated below:

(1)

One-story dwellings, 1,400 square feet.

(2)

Tri-level dwellings, 600 square feet.

(3)

Two-story dwellings, 850 square feet.

(4)

Bi-level dwellings, not required.

These requirements may be waived if the residence is provided with additional ground floor area equal to not less than ten percent of the required ground floor area of the R1 district.

(Prior Code, § 22-3-3.02; Ord. of 9-20-1954, § 22-3-3.02; Ord. No. 10-04, § I(I), 4-19-2010; Ord. No. 10-05, § I, 5-17-2010; Ord. No. 22-10, § I, 9-19-2022)

(a)

Purpose. The R2 single-family detached residence district is intended to provide regulations for the further development of relatively low-density neighborhoods with municipal services.

(b)

Permitted uses. Permitted uses in the R2 district shall be the same as is permitted in the R1 district.

(c)

Conditional permitted uses. Conditional permitted uses in the R2 district shall be the same as is permitted in the R1 district.

(d)

Lot area. Except as herein otherwise required for a specific permitted or a conditional permitted use, the minimum interior lot area shall be not less than 15,000 square feet and the minimum lot area of corner lots shall be not less than 16,500 square feet.

(e)

Lot width. Except as may be otherwise required for a specific permitted or conditional permitted use, the minimum lot width shall be not less than 100 feet.

(f)

Floor area ratio.

(1)

Single-family detached dwellings, not applicable.

(2)

Nonresidential permitted uses and conditional permitted uses, not more than 0.25.

(g)

Building height.

(1)

Single-family detached dwellings, not more than 35 feet or 2½ stories, whichever is lower.

(2)

Nonresidential permitted uses and conditional permitted uses, not more than 40 feet.

(h)

Ground floor area per dwelling.

(1)

One-story dwellings, not less than 1,500 square feet.

(2)

Tri-level dwellings, not less than 1,500 square feet.

(3)

Two-story dwellings, not less than 2,000 square feet.

(4)

Bi-level dwellings, not less than 2,500 square feet.

(i)

Setbacks.

(1)

Front, not less than 30 feet in depth.

(2)

Side, as follows:

a.

Residential uses, two side setbacks each not less than ten feet in depth, except a side setback adjoining a street shall be not less than 30 feet in depth.

b.

Nonresidential uses, two side setbacks each not less than 15 feet in depth, except a side setback adjoining a street shall be not less than 40 feet in depth, and for buildings more than 30 feet in height, each interior side setback shall be increased in depth by two feet for each additional one foot of building height over 30 feet.

(3)

Rear, not less than 30 feet in depth.

(j)

Off-street parking and off-street loading and garages. In accordance with regulations set forth in article VIII of this chapter.

(k)

Cellars. No building for single-family residence or dwelling shall be constructed in the R2 residence district unless a cellar thereunder shall be simultaneously constructed. Said cellar shall have minimum areas as stated below:

(1)

One-story dwellings, 1,200 square feet.

(2)

Tri-level dwellings, 500 square feet.

(3)

Two-story dwellings, 700 square feet.

(4)

Bi-level dwellings, not required.

These requirements may be waived if the residence is provided with additional ground floor area equal to not less than ten percent of the required ground floor area of the R2 district.

(Prior Code, § 22-3-3.03; Ord. of 9-20-1954, § 22-3-3.03; Ord. No. 10-04, § I(J), 4-19-2010)

(a)

Purpose. The R3 single-family detached residence district is intended to provide regulations for the developed areas of the village characterized by smaller lots, and within such areas to provide for the division of individual larger lots and scattered vacant tracts of land into residential property which is compatible with the established character of these neighborhoods.

(b)

Permitted uses. Permitted uses within the R3 district shall be the same as those permitted in the R1 district.

(c)

Conditional permitted uses.

(1)

As permitted in the R1 district and multiple-family dwellings having no less than 8,000 square feet of lot area per dwelling.

(2)

Gymnasia, babysitting facilities, kitchen facilities for the preparation of food for consumption on-site and for consumption not on-site, and any other use of a building previously used as a public school.

(d)

Lot area. Except as herein otherwise required for a specific permitted or a conditional permitted use, the minimum interior lot area shall be not less than 10,000 square feet and the minimum lot area of corner lots shall be not less than 11,000 square feet.

(e)

Lot width. Except as may be otherwise required for a specific permitted or a conditional permitted use, the minimum lot width shall be not less than 66 feet.

(f)

Floor area ratio.

(1)

Single-family detached dwellings, not applicable.

(2)

Nonresidential permitted uses and conditional permitted uses, not more than 0.3.

(g)

Building height.

(1)

Single-family detached dwellings, not more than 35 feet or 2½ stories, whichever is lower.

(2)

Nonresidential permitted uses and conditional permitted uses, not more than 40 feet.

(h)

Ground floor area per dwelling.

(1)

One-story dwelling, not less than 1,500 square feet.

(2)

Tri-level dwelling, not less than 1,500 square feet.

(3)

Two-story dwelling, not less than 2,000 square feet.

(4)

Bi-level dwelling, not less than 2,500 square feet.

(i)

Setbacks.

(1)

Front, not less than 30 feet in depth.

(2)

Side, as follows:

a.

Residential uses, two side setbacks each not less than ten feet in depth, except a side setback adjoining a street shall be not less than 30 feet in depth.

b.

Nonresidential uses, two side setbacks each not less than 15 feet in depth, except a side setback adjoining a street shall be not less than 40 feet in depth, and for buildings more than 30 feet in height, each interior side setback shall be increased in depth by two feet for each additional one foot of building height over 30 feet.

(3)

Rear, not less than 30 feet in depth.

(j)

Off-street parking and off-street loading, and garages. In accordance with regulations set forth in article VIII of this chapter.

(k)

Cellars. No building for single-family residence or dwelling shall be constructed in the R3 residence district unless a cellar thereunder shall be simultaneously constructed. Said cellar shall have minimum area as stated below:

(1)

One-story dwellings, 1,200 square feet.

(2)

Tri-level dwellings, 500 square feet.

(3)

Two-story dwellings, 700 square feet.

(4)

Bi-level dwellings, not required.

These requirements may be waived if the residence is provided with additional ground floor area equal to not less than ten percent of the required ground floor area of the R3 district.

(Prior Code, § 22-3-3.04; Ord. of 9-20-1954, § 22-3-3.04; Ord. No. 10-04, § I(K), 4-19-2010; Ord. No. 12-10, § I, 8-20-2012)

(a)

Purpose. The R3-A single-family detached residence district is intended to provide regulations for the developed areas of the village characterized by smaller lots and homes, and within such areas to provide for the division of individual larger lots and scattered vacant tracts of land into residential property, which is compatible with the established character of these neighborhoods.

(b)

Regulations. Regulations of the R3-A single-family detached residence district shall be the same as regulations for the R3 single-family detached residence district, except that:

(1)

Minimum ground floor area per dwelling shall be as follows:

a.

One-story dwelling, not less than 1,100 square feet.

b.

Tri-level dwelling, not less than 1,100 square feet.

c.

Two-story dwelling, not less than 1,700 square feet.

d.

Bi-level dwelling, not less than 2,150 square feet.

(2)

Minimum cellar area shall be as follows:

a.

One-story dwelling, 700 square feet.

b.

Tri-level dwelling, 350 square feet.

c.

Two-story dwelling, 600 square feet.

d.

Bi-level dwelling, not required.

These requirements may be waived if the residence is provided with additional ground floor area equal to not less than ten percent of the required ground floor area of the R3-A district.

(Prior Code, § 22-3-3.05; Ord. of 9-20-1954, § 22-3-3.05)

(a)

Purpose. The R4 single-family attached and multiple-family residence district is intended to provide areas for the development of multiple-family uses in appropriate locations at densities and with standards which are compatible with the suburban environment.

(b)

Permitted uses.

(1)

Community garden.

(2)

Community living arrangements, subject to the restrictions and conditions set forth in Wis. Stats. § 62.23(7)(i), and subject to issuance of an occupancy certificate and notice to all property owners within 500 feet of the subject living arrangement.

(3)

Parks and playgrounds, public.

(4)

Schools (elementary, junior high, or high, junior college), nonboarding.

(5)

Temporary buildings for construction purposes for a period not to exceed such construction.

(6)

Accessory uses to the above permitted uses, including, but not limited to:

a.

Home occupations;

b.

Off-street parking and off-street loading facilities; and

c.

Signs, as regulated in article IX of this chapter.

(c)

Conditional permitted uses.

(1)

Art galleries or museums on a lot less than two acres in area, and historical buildings and other landmarks preserved for public inspection.

(2)

Churches, chapels, temples or synagogues.

(3)

Commercial service uses located in buildings which house multiple-family housing units serving elderly persons or which are operated as retirement communities, provided that such commercial service uses are designed to serve only those residents of that multiple-family housing development or retirement community.

(4)

Multiple-family dwellings located on a lot in one or more principal detached buildings initially under unified ownership or control.

(5)

Outdoor recreation, private or public, on a lot not less than five acres in area, including one or more of the following uses: conservation clubs, Girl Scout and Boy Scout lodges or clubhouses, private parks or playgrounds, archery ranges and other outdoor recreation uses as approved by the village board, accessory uses, buildings and structures such as off-street parking and loading facilities, administration, maintenance and clubhouse buildings, provided such accessory buildings are located at least 100 feet from any boundary of the lot, and open off-street parking and loading facilities are at locations on the lot as approved by the board.

(6)

Public utility and governmental service uses: Lot areas and lot widths for the following uses shall be as recommended by the plan commission and approved by the village board and may be lesser or greater in area or width than herein required in the district regulations:

a.

Electric distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Radio and television towers and antennas.

f.

Railroad rights-of-way.

g.

Transit and public transportation facilities, including passenger shelters.

h.

Telephone exchange buildings, microwave towers and telephone exchange transmission equipment buildings.

i.

Water filtration plants, pumping stations, reservoirs and towers and sanitary and storm sewer lift stations, public or community.

j.

Bicycle paths.

(7)

Satellite earth station.

(8)

Single-family attached dwellings, in structures containing no more than eight dwelling units.

(9)

Single-family detached dwellings complying with design criteria within the R2 single-family detached residence district.

(10)

Single-family semi-attached dwellings in structures containing no more than eight dwelling units.

(11)

Two-family detached dwellings.

(12)

YMCA or YWCA facility, including buildings and related recreational uses.

(13)

Accessory uses to the above conditional permitted uses, including, but not limited to:

a.

Off-street parking off-street loading; and

b.

Signs as regulated in article IX of this chapter.

(d)

Useable open space requirements.

(1)

Ground area of a lot, balconies, rooftop terraces in residence buildings over three stories, landscaping and recreational facilities may qualify as useable open space, provided that it is in an area:

a.

Which is not devoted to public or private roadways or driveways and open or enclosed off-street parking or off-street loading.

b.

Which is accessible and available at least to all occupants of dwelling units for whose use the space is required, except balconies.

c.

Which is not devoted to structures or buildings, except not more than five percent of the required useable open space may be recreational facilities enclosed within a building or structure for the use of all occupants of the dwellings for whose use the space is required.

d.

Which, when above grade, is structurally safe and adequately surfaced and protected.

e.

Which has no less than ten feet as its narrowest dimension between either the lot line and area not qualifying as "open space" or between two areas not qualifying as "open space."

f.

Which is developed, landscaped, and maintained suitable for pedestrian, recreational and leisure use.

(2)

There shall be provided for each multiple-family dwelling, each single-family attached dwelling, and each single-family semi-attached dwelling which is located in a building containing more than two dwelling units, minimum required useable open space per dwelling unit, as follows:

a.

Efficiency units, 1,000 square feet.

b.

One-bedroom units, 1,400 square feet.

c.

Two-bedroom units, 2,000 square feet.

d.

Three or more bedroom units, 2,400 square feet, plus 350 square feet for each bedroom over three.

The minimum required useable open space per dwelling unit required by subsection (d)(2) of this section may be reduced by 15 percent for dwelling units located in a structure which is five or more residential stories in height. In the event the initial owner or owners of any multiple-family dwelling elect to utilize Wis. Stats. ch. 703, and any statute amendatory thereof or supplementary thereto to establish condominium ownership, the declaration described in Wis. Stats. § 703.11, and any statute amendatory thereof or supplementary thereto shall be submitted to and approved by the village board before any occupancy permit is issued for any multiple-family dwelling or any unit thereof.

(e)

Lot area.

(1)

Two-family detached structures, 10,000 square feet;

(2)

Two single-family semi-attached dwellings (duplex building), 10,000 square feet, or 5,000 square feet per dwelling unit; and

(3)

Multiple-family dwellings, single-family attached dwellings and single-family semi-attached dwellings (in buildings containing more than two dwelling units), in accordance with other applicable standards.

(f)

Lot width.

(1)

Single-family semi-attached dwellings (duplex building), not less than 90 feet or not less than 45 feet for each dwelling.

(2)

Two-family detached dwellings, not less than 80 feet.

(3)

Two single-family semi-attached dwellings and one single-family attached dwelling (row house building), not less than 100 feet plus not less than 20 feet of additional lot width for each additional single-family attached dwelling in a building.

(4)

Multiple-family dwellings, not less than 120 feet.

(g)

Floor area ratio.

(1)

Single-family residential dwellings, not applicable.

(2)

Multiple-family dwellings and nonresidential uses:

a.

For one-story buildings, 0.4.

b.

For buildings over one story, 0.6.

(h)

Dwelling unit floor area. The minimum floor area in square feet of dwelling units, excluding garages, balconies, basement, utility rooms, and areas common to the operation and maintenance of the entire building shall be as follows:

(1)

Efficiency dwelling units, 300 square feet.

(2)

One-bedroom dwelling units, 600 square feet.

(3)

Two-bedroom dwelling units, 1,000 square feet.

(4)

Three-bedroom dwelling units, 1,300 square feet.

(5)

Units with over three bedrooms, 1,300 square feet, plus 200 square feet for each bedroom over three.

The minimum floor area requirements of this section may be waived by the village board upon the favorable recommendation of the plan commission for specific purposes, such as accommodating housing projects to serve elderly persons or to serve retirement community projects.

(i)

Setbacks.

(1)

Multiple-family dwellings.

a.

Front, 30 feet, except along streets designated as 90 feet or wider on the official map, in which case the setback shall be 60 feet measured from the proposed right-of-way shown on the official map, and except across the street from a single-family detached residence district, the setback shall be as required in the single-family district.

b.

Side, two setbacks, neither of which is less than 15 feet in depth, except:

1.

A side setback adjoining a street shall be 30 feet in depth;

2.

For each two feet in building height exceeding 30 feet, each side setback shall be increased by one foot; and

3.

When a building wall 30 feet or over in length faces a side lot line, the required adjoining side setback shall be increased by one foot for each two feet the building wall exceeds 30 feet in length, but not more than 30 feet, whichever is less.

c.

Rear, not less than 30 feet in depth.

d.

Setbacks adjoining single-family residential districts, not less than 50 feet in depth.

(2)

Single-family semi-attached dwellings.

a.

Front, same as subsection (i)(1)a. of this section.

b.

Side, one side setback 15 feet in depth, except a side setback adjoining a street shall be 30 feet in depth.

c.

Rear, same as subsection (i)(1)c. of this section.

(3)

Single-family attached dwellings.

a.

Front and rear, same as subsections (i)(1)a. and (i)(1)c. of this section.

b.

Side, not required.

(j)

Spacing between buildings. When two or more buildings which contain single-family attached dwellings or two or more multiple-family dwelling buildings, or combinations thereof, are on a lot or on contiguous lots comprising a unified development initially under the same ownership or control, the distance between the building walls shall be as follows:

(1)

When the front wall of a building faces the front wall or rear wall of the nearest building, the distance between the two building walls shall be not less than 60 feet.

(2)

When the rear wall of a building faces the rear wall of the nearest building, the distance between the two building walls shall be not less then 50 feet.

(3)

When the side wall of a building faces the front or rear wall of the nearest building, the distance between the two building walls shall be not less than 40 feet; provided that when the side wall contains more than two windows on a floor that are not from bathrooms or storage rooms, such distance between buildings shall be not less than 50 feet, or 60 feet if the main entrance doorway is in such side wall.

(4)

When the side wall containing not more than two windows on a floor that are not from bathrooms or storage rooms faces such side wall of the nearest building, the distance between the two building walls shall be not less than 20 feet. When the facing side walls of either of such buildings contain more than two such window openings on a floor that are not from bathrooms or storage rooms, the distance between walls shall be not less than 50 feet; provided that when either side wall contains a main entrance doorway, such distance shall be not less than 60 feet.

(5)

A wall of a detached building forming the end of a court shall be not less than ten feet from the nearest wall of a building forming the sides of the court, and a building forming the end of the court may be attached to one or both of the buildings forming the sides of the court; provided the distance between facing walls of the buildings forming the sides of the court is not less than the applicable requirements as set forth in this subsection.

(6)

When any wall or part thereof which contains no windows or doorways faces such a wall or part thereof, of the nearest building, the distance between such two building walls may be not less than ten feet.

(k)

Off-street parking and off-street loading, and garages. In accordance with regulations as set forth in article VIII of this chapter.

(l)

Plan approval. All uses in this district shall be designed to meet the letter and intent of these regulations. Plans shall encourage safe and efficient traffic flow, physical compatibility with other uses existing on adjoining properties, and adequacy of recreational facilities and luxury amenities. Plans submitted to the plan commission for review and approval shall be designed to address the following:

(1)

Engineering design standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering, consideration shall be based upon a determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village. Public and private street configuration shall conform with the village's official map, whenever possible.

(2)

Building orientation.

a.

All garage structures, refuse containers or refuse disposal structures shall be arranged on the site so that the development is compatible with the physical nature of the site and with any adjacent single-family residential land uses in order to promote sustained aesthetic desirability and an attractive environment.

b.

No building shall 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 offset values incident to ownership of land in the area; or which would have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

(3)

Snow removal and landscaping. Landscaping buffers adjacent to single-family residential land uses shall be especially dense. Mature and healthy plant material shall be used so that a dense screening between the two uses can be achieved within three years after planting. In the preparation of landscaping plans, existing trees and mature shrubs should be preserved, whenever possible. Parking areas and drives shall be designed to allow for safe and efficient snow removal. Care should be taken in the selection of landscape materials which are to be located in areas adjacent to parking surfaces. Species and material should be resistant to salt and snow deposits.

(4)

Plan commission review procedures.

a.

No building permit shall be issued unless there has been found as a fact by the plan commission of the village that the building or project does conform to the standards and objectives of the R4 district. This finding shall be confirmed by the plan commission after an examination of the application for the permit, which shall include a site plan, exterior elevations of the buildings, landscaping plans and floor plans.

b.

If necessary the plan commission shall advise that the proposed development scheme is not in accord with the foregoing standards and objectives of the R4 district, and that design change must be made in the application prior to the issuance of a building permit.

c.

The plan commission may require such additional plans or details from the applicant as may be necessary to adequately review the proposed development.

(Prior Code, § 22-3-3.06; Ord. of 9-20-1954, § 22-3-3.06; Ord. No. 10-04, § I(L) 4-19-2010; Ord. No. 22-10, § I, 9-19-2022)

(a)

Purpose. The R5 single-family detached and two-family detached and semi-attached residence district is intended to provide areas for the development of a low density combination single-family and two-family neighborhood wherein dwellings are clustered together, and having common green/recreation areas.

(b)

Permitted uses.

(1)

Community garden.

(2)

Community living arrangements, subject to the restrictions and conditions set forth in Wis. Stats. § 62.23(7)(i), and subject to issuance of an occupancy certificate and notice to all property owners within 500 feet of the subject living arrangement.

(3)

Single-family detached dwellings.

(4)

Two-family detached dwellings.

(5)

Two-family semi-attached dwellings.

(6)

Accessory uses to the above permitted uses, including, but not limited to:

a.

Home occupations;

b.

Off-street parking and off-street loading facilities; and

c.

Signs, as regulated in article IX of this chapter.

(c)

Conditional permitted use. Public utility and governmental service uses shall be the same as permitted in the R1 district.

(d)

Lot area.

(1)

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

(2)

Two-family detached and semi-attached dwelling, 7,500 square feet per dwelling unit.

(3)

These requirements may be waived if green space and recreation area is provided in a quantity and quality as approved by the plan commission and village board in the case of a cluster type development.

(e)

Lot width. The minimum lot width shall be 75 feet at the building setback.

(f)

Density. The maximum density of units shall be 5.8 per acre.

(g)

Building height. The maximum building height shall be 35 feet or three stories, whichever is lower.

(h)

Ground floor area per dwelling.

(1)

Single-family detached dwelling, not less than 1,300 square feet.

(2)

Two-family detached and semi-attached dwelling, not less than 1,100 square feet.

(i)

Setbacks.

(1)

Front, not less than 35 feet in depth.

(2)

Side, buildings shall be separated by a minimum of 16 feet and, where side setbacks are provided, they shall be at least eight feet except a side setback adjoining a street shall be 35 feet in depth.

(3)

Rear, not less than 25 feet in depth.

(j)

Off-street parking and off-street loading, and garages. In accordance with regulations set forth in article VIII of this chapter, except that each unit shall be provided with a minimum of two enclosed parking spaces.

(k)

Cellars. Cellars shall be provided for the following uses as specified:

(1)

Single-family detached dwellings, not less than 1,000 square feet.

(2)

Two-family semi-attached dwelling, not less than 400 square feet per unit.

(3)

Two-family detached, not less than 800 square feet.

These requirements may be waived if the residence is provided with additional ground floor area equal to not less than ten percent of the required ground floor area of the R5 district.

(l)

Development agreement. No land shall be built upon or developed within the R5 zoning classification unless the owner thereof enters into a development agreement (covenant) with the village ensuring compliance with the standards of this section and such other requirements as the village board and plan commission may require.

(Prior Code, § 22-3-3.07; Ord. of 9-20-1954, § 22-3-3.07; Ord. No. 10-04, § I(M), 4-19-2010; Ord. No. 22-10, § I, 9-19-2022)