Permitted uses of land, buildings, or structures as hereinafter listed in each residence district shall be permitted in such districts indicated under the conditions therein specified. No land, buildings or structures shall be devoted to any use other than a use permitted hereinafter in the residence district in which such land, buildings or structures shall be located, with the exception of the following:

Uses lawfully established on the effective date of this chapter (April 8, 1964) and rendered nonconforming by the provisions thereof shall be subject to regulations of Wisconsin Statutes governing nonconforming uses.

Nameplate and identification signs affixed to a building or the ground may be illuminated with nonflashing illumination, subject to the following:

(Reserved)

Signs accessory to parking areas for nonresidential uses are subject to the following:

Temporary signs for housing developments.

Temporary signs are subject to the following:

The total sign area on the lot shall be 13 square feet, unless additional square footage is expressly permitted by this chapter.

Standards for home occupations and home offices. The following specific standards shall be used for home occupations and home offices located as accessory uses in all residence districts:

Existing home occupation uses. A nonconforming home occupation use that was established legally prior to the enactment of this section may be continued as a legal nonconforming home occupation use. However, no expansion of any existing legal nonconforming home occupation use shall be permitted.

Home occupation uses and applicable state and federal rules and regulations. The home occupation shall meet all applicable state and federal rules and regulations for the type of home occupation proposed. Copies of all applicable state and/or federal approvals, permits, licenses, and registrations required for the conduct of the type of use proposed by the applicant shall be provided to the Village Director of Inspection Services at the time the application is first submitted to the Village. All said applicable state and/or federal approvals, permits, licenses, and registrations required for the conduct of the type of use proposed by the applicant shall not be allowed to lapse during the term of the operation of the home occupation use.

Home occupation permit required for home occupation uses. A home occupation permit shall be required for all home occupations located in the Village. Said home occupation permits are issued by the Director of Inspection Services. There shall be no fee charged for said home occupation permit.

Costs. The costs of all professional, expert, and/or technical consultant services retained by the Village of Greendale and rendered in review of a home occupation permit for a home occupation use; administration of the home occupation permit; and checking and/or inspections relating to the home occupation permit, including, but not limited to, the Village of Greendale consulting a professional engineer, consulting planner, Village Attorney, or other professional, expert, or technical services shall be borne by the applicant for the home occupation permit and shall be considered as a part of the application fees for the home occupation permit for home occupations.

Applications for home occupation permits. All applications for home occupation permits shall be submitted to the Village Director of Inspection Services with complete data provided by the applicant to the Village on an application form supplied to the applicant by the Village Director of Inspection Services. The Village Director of Inspection Services shall review and act upon all such applications. The Village Director of Inspection Services may refer the home occupation permit application and related data to appropriate Village departments and consultants (if Village department and/or consultant review is deemed to be necessary by the Village Director of Inspection Services) for their study and/or comment prior to the Village Director of Inspection Services' review and action upon such home occupation permit application. Based upon the Village Director of Inspection Services' review of the home occupation permit application and the requirements set forth in the Village Zoning Code, the Village Director of Inspection Services may grant or deny the home occupation permit for a home occupation. Based upon unique circumstances of the home occupation use, the home occupation premises or property, and/or the neighborhood within which the home occupation is located, the Village Director of Inspection Services shall specify standards and/or requirements in the home occupation permit which protect the health, safety, and welfare of the public by minimizing any adverse effects of the proposed use on the immediate vicinity through building design, site design, landscaping, screening, or other means (as deemed appropriate by the Director of Inspection Services). Said home occupation permit requirements may be in addition to those standards set forth in § 17.12(4)(a) of the Zoning Code.

Effect of denial of a home occupation permit for home occupation uses. No application for a home occupation permit for a home occupation use which has been denied, wholly or in part, by the Village Director of Inspection Services shall be resubmitted until after 30 days from the date of said denial.

Home occupation permit for home occupation use runs with land and not the applicant. Home occupation permits for home occupations shall be deemed to relate to, and to be for the benefit of, the use and lot in question rather than the applicant, owner, or operator of such use or lot.

Additions and enlargements to legal home occupation uses. Any additions or enlargements to an existing legal home occupation use for which a home occupation permit has been issued may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for its original approval.

Additions and enlargements to illegal home occupation uses. Any additions or enlargements to an existing illegal home occupation use for which a home occupation permit has not been issued shall not be allowed unless the entire home occupation use is made to conform to all the regulations of the zoning district in which it is located and pursuant to the procedures and subject to the standards and limitations provided in this section.

Effect of issuance of a home occupation permit for a home occupation. The grant of a home occupation permit for a home occupation use shall not authorize the establishment or extension of any such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances and codes of the Village of Greendale, including but not limited to building permit, zoning permit, land division approval, site plan approval, or other type of permit or approval. Only one home occupation permit shall be allowed to be issued per dwelling unit.

Amendments to home occupation permits for home occupation uses. A home occupation permit for a home occupation use may be amended, varied, or altered only pursuant to the procedures and subject to the standards, limitations, and home occupation permit application process required under the provisions of this section.

Review of existing home occupation permits for home occupation uses. If a review of a home occupation permit is deemed necessary by the Director of Inspection Services, an existing home occupation permit for a home occupation use shall be reviewed by the Village of Greendale as follows:

Maximum number of bedrooms for rent and maximum number of tourists or transients at any time. The bed-and-breakfast establishment shall provide two or fewer bedrooms for rent to no more than a total of six tourists or transients at any time.

Provision of the breakfast meal only. Banquets, parties, weddings or meetings for guests or other non-family members associated with the patrons of the bed-and-breakfast establishment are prohibited. The bed-and-breakfast establishment shall provide no meals other than breakfast and provide the breakfast only to patrons of the bed-and-breakfast establishment. Bed-and-breakfast establishment services shall only be provided to overnight patrons of the facility. Any serving or consumption of liquor shall comply with all state statutes.

Owner's personal residence. The bed-and-breakfast establishment shall be the owner's personal residence and shall be occupied by the owner at the time of rental.

Single-family detached dwelling occupancy. The bed-and-breakfast establishment shall be originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a detached, single-family residence. The detached, single-family residence shall have been used as a residence by the then current owner for at least a total of five years prior to filing the original application for a bed-and-breakfast establishment. Once the original conditional use permit is granted, the owner is able to sell and/or transfer the property without the requirement that an owner must reside in the residence for five years.

Traffic and off-street parking required on premises.

Plat of survey required existing and proposed parking spaces. A plat of survey shall be required of the property upon which the bed-and-breakfast establishment is proposed to be located, indicating the locations of all required, on-site, off-street parking spaces with all existing and proposed parking spaces graphically indicated [including those spaces proposed to be housed in on-site garage(s)] on said plat of survey. The dimensions of all existing and proposed off-street parking areas shall be indicated at a recognized engineering scale on the plat of survey.

Bed-and-breakfast establishment incidental and secondary to its use as a detached single-family residential structure. The use of the dwelling unit for the bed-and-breakfast establishment shall be clearly incidental and secondary to its use as a detached, single-family residential structure.

No change in the outside appearance of the building, accessory structure or premises permitted. There shall be no change in the outside appearance of the building, accessory structure or premises (except as may be needed to accommodate required on-site, off-street parking) because of such bed-and-breakfast establishment, except for an unlighted sign or nameplate, not more than one square foot in total area, attached to and not projecting from the building. Any signage identifying the bed-and-breakfast establishment shall be no larger than two square feet. The sign may project from the building, but not project over any property lines.

Conduct of bed-and-breakfast establishment in accessory building, accessory structure or outdoors prohibited. No bed-and-breakfast establishment shall be conducted in any accessory building, accessory structure (attached or detached) or outdoors.

Refuse and garbage. No refuse and/or garbage greater than the amount allowable for regular residential pickup shall be generated by any bed-and-breakfast establishment.

Public utility use exceeding typical residential dwelling unit demand not permitted. No bed-and-breakfast establishment shall be permitted which generates sewerage, water use, electric use or natural gas use greater than what is typical for a residential dwelling unit.

Operating hours of a bed-and-breakfast establishment. The operating hours of a bed-and-breakfast establishment shall be limited to 4:00 p.m. to 11:00 a.m. unless other hours of operation are established by the Village Board.

Existing bed-and-breakfast establishment uses. Nonconforming bed-and-breakfast establishment uses that were established legally prior to the enactment of this section may be continued as a legal nonconforming bed-and-breakfast establishment use. However, no expansion of any existing, legal, nonconforming bed-and-breakfast establishment use shall be permitted.

Limitation on home occupation and home office uses. For those premises for which a conditional use permit has been granted for a bed-and-breakfast establishment use, a home occupation or home office use shall not be allowed. In addition, no conditional use permit shall be issued for a bed-and-breakfast establishment use for those premises which are already occupied by a home occupation or home office use.

State of Wisconsin codes and regulations for bed-and-breakfast establishment to be followed and adhered to. In addition to the Village of Greendale's regulations for bed-and-breakfast establishments, all applicable sections of both the Wisconsin Statutes and the Wisconsin Administrative Code, including those requirements set forth under the provisions of Wisconsin Administrative Code Chapter DHS 197, titled "Bed and Breakfast Establishments." Copies of all permits required by State of Wisconsin agencies for a bed-and-breakfast establishment shall be furnished to the Village of Greendale prior to the Village of Greendale's issuance of a conditional use permit.

Conditional use permit for bed-and-breakfast establishment nontransferable. A conditional use permit issued for a bed-and-breakfast establishment shall not be transferable from the premises for which it was initially issued to different premises. Nor shall a conditional use permit issued for a bed-and-breakfast establishment be transferred from one bed-and-breakfast establishment owner to another different owner.

Additional conditions on conditional use permits for bed-and-breakfast establishment uses. The Plan Commission may recommend, and the Village Board may impose, such conditions and limitations concerning use, construction, character, location, landscaping, maintenance, screening, operation, hours of operation and other matters relating to the purposes and objectives of the Zoning Code upon the premises benefited by the issuance of a conditional use permit for a bed-and-breakfast establishment use as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property, upon public facilities and services, assure protection of the public interest, and to secure compliance with the standards and requirements specified in the Zoning Code. Such conditions shall be expressly set forth in the conditional use permit for the bed-and-breakfast establishment use, and the Village Board may require the unconditional consent of the applicant to such conditions. Violation of any such condition or limitation shall be a violation of this Zoning Code and shall constitute grounds for revocation of the conditional use permit pursuant to the requirements of § 17.36(4) of the Zoning Code.

Whenever a landowner, developer or subdivider has provided qualifying permanent open spaces as a part of a recorded plat of a residential subdivision, the final plat of which received approval of the Plan Commission and the Village Board after the effective date of this chapter (April 8, 1964), the lots within such subdivision, with the approval of the Village Board, may have a minimum lot area and lot width 15% less than required for the district or districts in which the subdivision is located. The side yards as otherwise herein required for the dwelling on a lot in such subdivision may, with the approval of the Village Board, be reduced by not more than 15% and the maximum floor area ratio may be increased by not more than 15%, with the approval of the Village Board. When qualifying permanent open space is accessory to private or semipublic school or other approved institutional use, such 15% referred to above in all cases shall be reduced to 8%.

Qualifying permanent open space shall be lands having an area equivalent to not less than 15% of the total area of all residential lots in the subdivision and such lands have been dedicated or otherwise conveyed as sites for public parks, public schools or other public use open areas, private recreation areas or private or semipublic schools or other approved institutional uses. When title to any such land is not held by a governmental corporation, body or agency, the required use shall be perpetuated by recorded covenants accompanying the recorded subdivision plat. The Village Board may approve a qualifying open space that is not located within the perimeter of the subdivision when there is an irrevocable commitment by the owner or owners of such abutting or adjacent land to dedicate or convey them so as to make them available for qualifying open space.

All qualifying open spaces shall be located within the Village. Open spaces that are not within the perimeter of the subdivision shall be not more than 1,320 feet from a lot line of any lot in such subdivision for a single-family detached dwelling and not less than 660 feet from the lot line of any lot for other dwelling types. One or more qualifying open spaces may apply to any subdivision. Such open spaces located beyond the perimeter of the subdivision shall comprise all or proportionate parts of tracts of land, each 15 acres or more in area, designated for open space on the Official Zoning Map of the Village. When all or a part of an open space as designated in the Official Zoning Map is located within the perimeter of the subdivision, such land shall be designated as all or a part of qualifying permanent open space, and when the area of such open space land within a subdivision exceeds 15% of the area of the lots in the subdivision, such excess land shall be reserved for qualifying permanent open space to be dedicated for such open space of an adjacent subdivision or to be purchased by the Village or county.

(Reserved)[1]

Single-family detached dwellings.

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

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

Bed-and-breakfast establishment per the standards included in § 17.12(5).

(Reserved)

Religious institutions or places of assembly, provided that:

Accessory uses customarily incidental to the above allowable permitted uses, including but not limited to home occupations, off-street parking and off-street loading facilities and signs.

Growing of nursery, garden or farm crops in the open, provided that no livestock or poultry is kept and no offensive odors or dust is created and that retail sales of such nursery, garden and farm crops grown on the premises shall be allowed only on a lot two acres or more in area and when such sales are conducted only in the open or from a temporary building or structure which is removed at the end of the harvest season or nursery stock planting season.

Single-family detached dwellings: not applicable.

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

Single-family detached dwellings: not more than 27 feet or 2 1/2 stories, whichever is lower.

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

One-story dwelling without basement or cellar: not less than 2,000 square feet.

One-story dwelling with basement or cellar: not less than 1,700 square feet.

Dwellings having more than one story: not less than 1,100 square feet with a total square footage not less than 2,000 square feet.

Two side yards having a combined width of not less than 25 feet, with neither side yard less than 10 feet in width.

Nonresidential uses: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width. For buildings more than 27 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 27 feet.

A side yard abutting a street: not less than 40 feet in width. If a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 30 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 30 feet.

Accessory uses customarily incidental to the above allowable permitted uses, including but not limited to home occupations, off-street parking and off-street loading facilities and signs.

Single-family detached dwellings: not applicable.

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

Single-family detached dwellings: not more than 27 feet or 2 1/2 stories, whichever is lower.

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

One-story dwellings without basement or cellar: not less than 2,000 square feet.

One-story dwellings with basement or cellar: not less than 1,700 square feet.

Dwellings having more than one story: not less than 1,100 square feet with a total square footage not less than 2,000 square feet.

Two side yards having a combined width of not less than 25 feet, with neither side yard less than 10 feet in width.

Nonresidential uses: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width. For buildings more than 27 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 27 feet.

A side yard abutting a street: not less than 40 feet. If a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 30 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 30 feet.

Accessory uses customarily incidental to the above allowable permitted uses, including but not limited to home occupations, off-street parking and off-street loading facilities and signs.

Single-family detached dwellings: not applicable.

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

Single-family detached dwellings: not more than a mean height of 27 feet or 2 1/2 stories, whichever is lower, excluding single-family residential lots created by subdivision plat or certified survey map after January 1, 2004, and single-family residential lots contiguous thereto. Single-family residential lots created by subdivision plat or certified survey map after January 1, 2004, and single-family residential lots contiguous thereto shall have a mean height not more than 30 feet with a maximum overall height to the peak of the roof of 36 feet and not exceeding three stories.

Nonresidential uses: not more than 40 feet.

One-story dwellings without basement or cellar: not less than 1,800 square feet.

One-story dwellings with basement or cellar: not less than 1,500 square feet.

Dwellings having more than one story: not less than 1,000 square feet with a total square footage not less than 1,800 square feet.

Two side yards, neither of which is less than 10 feet in width.

Nonresidential uses: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width. For buildings more than 27 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 27 feet.

A side yard abutting a street: not less than 30 feet. If a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 26 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 26 feet.

The structure is on a lot not less than 20,000 square feet in area.

The structure conforms to the offset requirements of the district in which it is located.

The site meets the parking requirements of § 17.06.

Accessory uses customarily incidental to the above allowable permitted uses, including but not limited to home occupations, off-street parking and off-street loading facilities and signs.

Single-family detached dwellings: not applicable.

Nonresidential uses: not more than 0.4.

Single-family detached dwellings: not more than 27 feet or 2 1/2 stories, whichever is lower.

Nonresidential uses: not more than 40 feet.

One-story dwellings without basement or cellar: not less than 1,600 square feet.

One-story dwellings with basement or cellar: not less than 1,300 square feet.

Dwellings having more than one story: not less than 900 square feet with a total square footage not less than 1,600 square feet.

Two side yards, neither of which is less than 10 feet in width.

Nonresidential uses: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width. For buildings more than 27 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 27 feet.

A side yard abutting a street: not less than 20 feet wide. A side yard abutting a street of a reversed corner lot shall be not less than 25 feet in width, and if any corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 22 feet, excluding the yard along the interior side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable width of 22 feet.

As permitted in the R-1 District.

(Reserved)[1]

Single-family semidetached dwellings.

Two-family detached dwellings.

Art galleries or museums, provided that the use takes place on a lot not less than 100 feet in width and 15,000 square feet in area, and historical buildings or other landmarks preserved for public inspection.

Religious institutions and places of assembly, provided that:

Convents, monasteries and seminaries on a lot not less than 100 feet in width and 15,000 square feet in area.

Clubs and lodges on a lot not less than 100 feet in width and 15,000 square feet in area, provided that operations are conducted entirely within enclosed buildings and where the principal activity is not customarily carried on as a business.

(Reserved)

(Reserved)

Institutions for the care of the aged and for children, provided that:

Accessory uses customarily incidental to the above allowable permitted uses, including but not limited to home occupations, off-street parking and off-street loading facilities and signs.

Single-family detached dwellings: not less than 8,400 square feet.

Single-family semidetached dwellings and two-family detached dwellings: not less than 9,600 square feet.

Single-family detached dwellings: not less than 70 feet.

Single-family semidetached and two-family detached dwellings: not less than 80 feet.

Residential uses.

Nonresidential uses: not more than 0.6.

Dwellings: not more than 24 feet or two stories, whichever is lower.

Nonresidential uses: not more than 40 feet.

Single-family detached dwellings.

Single-family semidetached dwellings.

Two-family detached dwellings:

Two side yards having a combined width of not less than 18 feet, with neither side yard less than nine feet wide.

Nonresidential uses: two side yards having a combined width of not less than 30 feet, with neither side yard less than 12 feet in width, except that for buildings more than 24 feet in height, each such side yard shall be increased in width by two feet for each additional one foot of building height over 24 feet.

A side yard abutting a street: not less than 20 feet, except that if such a corner lot of record on the effective date of this chapter has insufficient width to provide such yard and still maintain a buildable width of 22 feet for a single-family detached dwelling or 32 feet for a building containing only single-family semidetached dwellings, excluding the yard along the interior side lot line, then the side yard abutting a street may be reduced in width by the distance necessary to maintain such buildable widths.

Single-family detached dwellings.

Single-family attached dwellings.

Single-family semidetached and two-family detached dwellings.

Multiple-family dwellings.

As allowed in the R-4 District.

(Reserved)

(Reserved)

Philanthropic institutions, but not including businesses sponsored by such institutions, except such as are customarily accessory thereto and when conducted only in the principal building.

(Reserved)

(Reserved)

Schools, including nursery, nonboarding.

Accessory uses customarily incidental to the above allowable permitted uses, including but not limited to home occupations, off-street parking and off-street loading facilities and signs.

One-story dwellings without basement or cellar: not less than 1,100 square feet.

One-story dwellings with basement or cellar: not less than 1,000 square feet.

Dwellings having more than one story: not less than 650 square feet.

Although ground floor area cannot be applied to multiple-family units in all instances, multiple-family units shall contain the following minimum floor areas within each unit as measured between the interior faces of the walls for each unit:

Single-family detached dwellings: not more than 0.4.

All other uses: not more than 0.5.

Single-family detached dwelling, single-family semidetached dwelling or two-family detached dwelling: two side yards neither of which is less than nine feet in width.

Multiple-family dwellings and nonresidential uses.

A side yard abutting a street: not less than 25 feet wide, except that if such a corner lot of record on the effective date of this chapter (April 8, 1964) has insufficient width to provide such yard and still maintain a buildable width of 22 feet for single-family detached and two-family detached dwellings and 32 feet for a building containing only two single-family semidetached dwellings, excluding the yard along the interior lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain such buildable widths.

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 50 feet.

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 than 40 feet.

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 30 feet, except that when the side wall contains more than four windows on a floor, two of which are from bathrooms or storage rooms, such distance between buildings shall be not less than 40 feet or 50 feet if the main entrance doorway is in such side wall.

When the side wall containing not more than four windows on a floor, two of which are from bathroom or storage rooms, faces such side wall of the nearest building, the distance between the two building walls shall be not less than 18 feet. When the facing side walls of either of such buildings contain more than four such window openings on a floor, the distance between walls shall be not less than 40 feet, except that when such side wall contains a main entrance doorway such distance shall be not less than 50 feet.

A wall of a detached building forming the end of a court shall be not less than 10 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 that the distance between facing walls of the buildings forming the sides of the court is not less than the applicable requirements as set forth above.

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 10 feet.