Greendale City Zoning Code
ARTICLE VIII
Administration and Enforcement
17.30 Zoning Administrator.
The Zoning Administrator of the Village shall enforce this chapter and shall:
(1)
Determine conformance of applications for zoning certificates with use, lot and bulk requirements and other applicable regulations of this chapter.
(2)
Issue all zoning certificates and make and maintain records thereof.
(3)
Issue all certificates of occupancy and make and maintain records thereof.
(4)
Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter.
(5)
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments and special uses, variations, appeals and applications therefor and designate on the Zoning District Map each amendment and special use.
(6)
Provide and maintain a public information bureau relative to all matters arising out of this chapter.
(7)
Receive, file and forward to the Zoning Board of Appeals all applications for appeals, variations or other matters on which the Zoning Board of Appeals is required to pass under this chapter.
(8)
Forward to the Village Clerk-Treasurer all applications for special uses, amendments and other matters which are to be referred to the Plan Commission.
(9)
Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of his recommendations to the Plan Commission not less frequently than once a year.
(10)
Upon prior approval of the Village Board, issue permits regulating the erection and use of tents for specific periods of time for purposes such as temporary carnivals, churches, voluntary organizations such as Boy Scouts and Girl Scouts, eleemosynary uses or revival meetings and when the use of tents is not detrimental to the public health, safety, morals, comfort, convenience or general welfare of the Village. Such tents or operations shall be in conformance with all other ordinances and codes of the Village.
(11)
Record the lowest floor elevations of all structures erected, moved, altered or improved in any floodland district.
[Added by Ord. No. 561]
17.31 Zoning certificate.
(1)
Except as herein provided, no permit pertaining to the use of land or permit as required by the Building Code shall be issued by any officer, department or employee of the Village unless the application for such permit has been examined by the Zoning Administrator and affixed to it is a certification of the Zoning Administrator indicating that the proposed use of land, building or structure complies with all the provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
(2)
If such an application has affixed to it the certification of a professional engineer licensed by the state certifying that the building or structure and the proposed use thereof comply with all of the provisions of this chapter respecting performance standards for manufacturing and similar uses, the Zoning Administrator shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided that all other relevant provisions of this chapter are complied with. Such certificate shall be valid for all purposes. However, within 15 days after the date of such approval, the Zoning Administrator shall examine the application and advise the professional engineer in writing if the building, structure or use thereof does not in fact comply with the performance standards. Failure of the professional engineer to show compliance within 30 days of such notification shall be cause for revocation of the zoning certificate.
(3)
Each application for a permit for the use of land or erection of a building or structure shall be accompanied by a drawing or plat in duplicate showing the lot, the location of the building on the lot, accurate dimensions of the building and lot, and such other information as may be necessary to provide for the enforcement of these regulations. This plat shall be prepared after the lot has been staked by a competent surveyor and the plat shall show the date of staking and the name of the engineer or surveyor. A careful record of the original copy of such application and plats shall be kept in the office of the Zoning Administrator and the duplicate copy shall be kept at the building at all times during construction.
17.32 Certificate of occupancy.
No building hereafter erected or structurally altered shall be occupied or used, and except for the pursuit of agriculture no vacant land shall hereafter be occupied or used, nor shall there be a change of character of an existing use of land, until a certificate of occupancy shall have been issued by the Zoning Administrator.
(1)
Certificate of occupancy for a building. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and such certificate shall be issued within three days after the request for the same shall have been made in writing to the Zoning Administrator after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as altering the respective rights, duties or obligations of the owners or of the Village relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as shall adequately ensure the safety of the occupants.
(2)
Certificate of occupancy for land.
(a)
A certificate of occupancy for the use of land or the change in the character of an existing use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided that such use is in conformity with the provisions of these regulations.
(b)
The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
17.33 Zoning Board of Appeals.
(2)
Jurisdiction.
(a)
The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter; hear and decide special exceptions to the terms of this chapter upon which such Board is required to pass under this chapter; and authorize upon appeal in specific cases such variance from the terms of this chapter as shall not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter shall result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The Zoning Board of Appeals shall not have jurisdiction to grant a special use under § 17.36, such authority being vested in the Village Board pursuant to § 62.23(7)(e), Wis. Stats.
(b)
The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the above standards to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purposes and intent of this chapter.
17.34 Plan Commission.
(2)
Jurisdiction. The Plan Commission shall submit reports and recommendations to the Village Board on all applications for amendments to the Zoning District Map or regulations of this chapter and all applications for special uses that have been referred to the Plan Commission by the Village Board, except those concerned with a public utility installation.
(3)
Procedures. Procedures on matters upon which the Plan Commission has jurisdiction under this chapter shall be in accordance with § 62.23(7)(d), Wis. Stats.
17.35 Amendments.
(1)
Authority. For the purpose of promoting the public health, safety, morals, comfort, prosperity and general welfare throughout the Village and lessening or avoiding congestion in the public streets and highways, the Village Board may, from time to time, in the manner set forth in applicable Wisconsin Statutes, amend the regulations imposed in the districts created by this chapter, provided that due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire Village and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
(2)
Initiation. Amendments may be proposed by the Village Board, the Plan Commission, the Zoning Board of Appeals, or any property owner or interested person or organization.
(3)
Procedures and decisions. Applications for amendments shall be processed and decided in accordance with § 62.23(7)(d), Wis. Stats. The report of the Plan Commission submitted to the Village Board shall set forth the following:
(a)
Existing uses of property within the general area of the property in question.
(b)
The zoning classification of property within the general area of the property in question.
(c)
The suitability of the property in question to the uses permitted under the existing zoning classification.
(d)
The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification and conformance with the Official Zoning Map.
[Amended 5-20-2008 by Ord. No. 840]
17.36 Conditional uses.
[Amended by Ord. No. 571; 1-21-2025 by Ord. No. 968]
(1)
Conditional use permits. Certain uses and situations are of such a special nature or are so dependent upon actual contemporary circumstances that it is impractical to predetermine the permissibility of such uses or to detail in this chapter the specific standards, regulations or conditions which would permit such uses in each individual situation. Such uses may, however, be permitted as conditional uses. The applicant for a conditional use permit must demonstrate that the application and all requirements and conditions established by the Village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The Village's decision to approve or deny any such conditional use permit will be based upon substantial evidence presented at a public hearing. Only those uses specifically listed herein can be granted a conditional use permit. Any other uses not specifically listed shall require an amendment to this code to be considered by the Plan Commission.
(2)
Application. Applications for conditional use permits shall be made to the Village on forms furnished by the Village and shall include Subsection (2)(a), (d), (e) and (f), and may include any or all of Subsection (2)(b) and (c), as determined by the Village Manager:
(a)
Names and addresses of the applicant, owner of the site, or other appropriate entities or persons implementing the project as required by the Village Manager.
(b)
Legal description of the subject site; 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.
(c)
A topographic map, drawn to a scale of not less than 200 feet to one inch, showing the subject site in question, its legal description and location; location and use of existing buildings; sanitary systems and private water supplies on such land; the high water elevation of any navigable water within 100 feet of the subject site; and the proposed location and use of any buildings, sanitary systems and wells on such land and within 100 feet of such site.
(d)
A fee, as may be established and periodically modified by resolution of the Village Board, shall accompany each application. Such fee shall be paid by cash, check or money order to the Village. Costs incurred by the Village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the application for conditional use permit and preparation of conditions to be imposed shall be charged to the applicant, pursuant to the provisions of § 66.0627, Wis. Stats.
(e)
The Village Clerk shall give each property owner billed for current services as provided for herein notice that they shall have a specified period of time not less than 30 days to pay. Said notice shall also state that within 15 days of the date of the notice, the property owner may request a hearing before the Village Board regarding the charges against the property. Said notice shall also include an itemized statement of the professional service fees to be charged. Thereafter, if the property owner requests a hearing within the proper time period, the matter shall proceed as described in the following paragraph. If a hearing is not requested within the required time period, if that charge remains unpaid, the Village Clerk shall automatically charge the same as a delinquent tax against the property as provided by law. In the event the statement rendered to the property owner or the time given for the property owner to pay or following a hearing if the Village Board approves all or part of the charge, it is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll.
1.
Upon receipt of a timely request for hearing, the Village Board shall hold a hearing regarding the property charges at its next scheduled meeting or as soon as feasible. Such hearing shall be preceded by posted public notice and reasonable notice, via first-class mail, to the property owner. In the event a hearing is requested, no charges shall be placed on the tax roll unless and until such hearing has been held and a decision has been rendered by the Village Board to approve the charges against the tax roll in whole or in part. If approved only in part, only that part of the charges that are approved may be charged against the tax roll.
(f)
Where necessary to comply with certain Wisconsin statutes, an application for conditional use permit will be submitted at the appropriate time to the Wisconsin Department of Natural Resources.
(g)
The site plan and plan of operation information sheet and plan of operation approval form furnished by the Village shall be submitted prior to scheduling before the Plan Commission.
(3)
Review and approval. The Plan Commission shall review the subject site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed site plan and plan of operation, and other factors the Plan Commission determines are appropriate when considering an application for a conditional use permit.
(a)
Applications for conditional use permits shall have the following process:
1.
The applicant shall meet with Village Manager or designee in a pre-application conference to discuss the application for conditional use permit and plans.
2.
The applicant applies for a conditional use permit by completing the Village application form. Incomplete applications will not be accepted or placed on a Plan Commission agenda. If the application for conditional use permit is complete with all required information, the Village Manager or designee shall place the request for a conditional use permit on the agenda of the Plan Commission. If the minimum threshold is not met the application for conditional use permit is returned to the applicant with an explanation of why the application is incomplete.
3.
The Village Manager or designee introduces the application for conditional use permit at the next available Plan Commission meeting. The application materials are provided to the Plan Commission along with a staff report on the matter describing the application and code compliance. Then, the Plan Commission shall determine whether the application for conditional use permit is completed and, if so, set the application for public hearing. If the Plan Commission finds the application for conditional use permit is incomplete, the Plan Commission shall remand it to the applicant.
a.
Procedure for a public hearing before the Plan Commission:
1)
Any person may appear in person, by agent, or attorney.
2)
The Plan Commission shall afford the applicant and any persons speaking in favor of the application for conditional use permit to present evidence of the same.
3)
The Plan Commission shall then provide each interested person opportunity to present evidence to rebut or offer countervailing evidence to the applicant's testimony.
4)
The Plan Commission shall take minutes of the proceedings and shall mark and preserve all exhibits.
5)
The Plan Commission shall cause the proceedings to be taken by a stenographer or by a recording device.
4.
At the public hearing preceded by Class 2 notice as described in Chapter 985, Wisconsin Statutes, the Plan Commission will hear from the applicant, Village, and the public on the application's compliance with the standards of the Code. The purpose of the hearing is to gather the record, for the applicant to prove with substantial evidence whether they meet the standards of the Village Code or the public to prove they don't and to address concerns from the public and/or Plan Commission. The Plan Commission shall then render a decision if appropriate or to determine what remains to be discussed at the next meeting (if necessary). Only substantial evidence may be considered by the Plan Commission. At the conclusion of the initial public hearing the Plan Commission may proceed as follows:
a.
Close the public hearing. The Plan Commission may close the public hearing and proceed as follows:
1)
Deliberate and debate regarding the testimony.
2)
Provide direction to staff to prepare the conditional use permit or to draft a finding that the applicant does not meet the standards for approval, which shall be considered at the next meeting.
3)
The Plan Commission may rely upon a decision matrix prepared by Village staff to aid in their deliberations.
b.
Continue hearing to a later date. The Plan Commission may set a new date for continuance of the public hearing for one or more of the following purposes:
1)
Need more information. The Plan Commission may request that the applicant return to address remaining questions/standards that need to be proved/responded to.
2)
Conditions. The Plan Commission may request that staff prepare additional conditions to include in the conditional use permit that the Plan Commission finds appropriate and will be the subject of the continued hearing.
5.
After the closing of the public hearing the Plan Commission shall discuss the plans and conditional use permit or findings for denial. The decision shall be based upon the record from the public hearing. The burden of proof is on the applicant to prove they have met the standards of the Village Code and those set forth by the Plan Commission during the process. The Plan Commission shall render its written determination and the reasons for the same within a reasonable time after completion of the public hearing unless an extension is consented to in writing by the applicant. The Clerk shall mail a copy of the determination to the applicant.
6.
Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, parking requirements, or length of approval may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
(b)
Continuation of existing conditional use permits. Any conditional use permit granted pursuant to conditional use authority that has since been repealed and that was in effect, and the use was in operation on the date of such repeal, that is no longer an allowed use of the property, shall be allowed to continue as a conditional use subject to all conditions stated in the conditional use permit. Any such conditional use permit that requires compliance with a section of the Zoning Code that has since been repealed shall continue to require compliance with the referenced Code section as it existed immediately prior to such repeal and the repeal of such provision is stayed solely for such existing conditional use permit(s). These continuation provisions are intended to preserve the status quo for all rights and responsibilities incurred or accrued prior to the adoption of any ordinance that changes a conditional use to a prohibited use. Nothing herein shall be interpreted to prevent existing conditional use permit holders from applying to amend their conditional use permit pursuant to all laws in effect at the time of the application, or as set forth in the conditional use permit including those amendments requiring a public hearing.
(4)
Termination of conditional use permit.
(a)
Conditional use status will terminate when the Plan Commission determines any of the following:
1.
The permit holder has failed to comply with the conditions of the permit or the conditional use has otherwise not continued in conformity with the conditions of the permit.
2.
A change in the character of the surrounding area or in the conditional use itself causes such use to be no longer compatible with the surrounding uses.
3.
The use or the characteristics of the use have changed without amending the permit and obtaining approval of the Plan Commission as provided in § 17.36(3). The conditional use has been discontinued for a period of 12 consecutive or 18 cumulative months in a three-year period. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (i.e., summer camps, snowmobile courses, ski areas, quarries, etc.). Upon such determination, the owner of the premises shall be required to bring all such lands and buildings into conformity with the district regulations of the district in which such former conditional use is located and all other provisions of this chapter within 90 days from such determination.
(b)
Prior to terminating a conditional use permit, the Plan Commission shall hold a public hearing, giving public notice as specified in § 17.36(3)(a)4. The termination of the conditional use permit shall not result in any nonconforming rights and the entire use shall cease. The property which was formerly the subject of the conditional use permit shall thereafter be used only in conformity with the current zoning and other Village ordinances and regulations.
(c)
A conditional use permit may be terminated on request when the applicant or holder of the conditional use permit and the property owner make a request in writing to the Plan Commission that the conditional use permit be terminated and the Plan Commission agrees to terminate said conditional use permit.
(5)
Hearings. The Plan Commission shall hold a public hearing on each application for conditional use permit giving public notice as specified in § 17.36(3)(a)4. The Plan Commission may subsequently issue the conditional use permit with appropriate conditions, deny the conditional use permit with reasons, or require the submittal of a modified application.
(6)
Conditions applicable to all conditional uses. The following conditions shall be included as conditions for all conditional use permits:
(a)
The establishment, maintenance or operation of the conditional use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(b)
The conditional use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood.
(c)
The establishment of the conditional use shall not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(d)
Adequate utilities, access roads, drainage or other necessary site improvements have been or are being provided.
(e)
Adequate measures have been or shall be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(f)
No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this permit shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, the County of Milwaukee, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This permit shall not be deemed to constitute a building permit, nor shall this permit constitute any other license or permit required by Village of Greendale ordinance or other law.
(g)
This conditional use permit hereby authorized shall be confined to the subject property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in writing by the Village of Greendale Plan Commission as being in compliance with all pertinent ordinances.
(h)
Conditional use permits shall have five-year terms unless otherwise specified by the Plan Commission. The permits shall have an administrative renewal process established within the permit to allow for streamlined renewal of the conditional use permit with a provision that allows the Plan Commission to remove the conditional use permit from automatic renewal if there are concerns with compliance with the conditional use permit or concerns raised by the public about the applicant's operations. If the Plan Commission pulls the conditional use permit from automatic approval, the conditional use permit shall remain in effect while the Plan Commission provides due process to the applicant in reviewing the conditional use permit and its renewal.
(i)
Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use permit, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands or owners, other than as specifically authorized herein, shall require a new conditional use permit and all procedures in place at the time must be followed.
(j)
Unless this conditional use permit expressly states otherwise, plans that are specifically required by this conditional use permit may be amended upon the prior approval of the Village of Greendale Plan Commission if the Village of Greendale Plan Commission finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Village of Greendale Plan Commission feels, in its sole discretion, to be substantial shall require a new conditional use permit, and all procedures in place at the time must be followed.
(k)
Should any paragraph or phrase of this conditional use permit be determined by a court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use permit and the remainder shall continue in full force and effect.
(l)
If any aspect of this conditional use permit or any aspect of any plan contemplated and approved under this conditional use permit is in conflict with any other aspect of the conditional use permit or any aspect of any plan of the conditional use permit, the more restrictive provision shall be controlling as determined by the Village of Greendale Plan Commission.
17.363 Short-term rentals.
[Added 11-20-2018 by Ord. No. 904; amended 8-20-2019 by Ord. No. 911; 4-1-2025 by Ord. No. 969]
(1)
Purpose. The purposes of this section are to: (i) ensure that the quality of short-term rentals operating within the Village is adequate for protecting public health, safety and general welfare, including establishing minimum standards of space for human occupancy, levels of maintenance, and parking; (ii) determine the responsibilities of owners and property managers operating or managing these rental properties for tourists or transient occupants, including, but not limited to, the responsibility to expeditiously and personally respond to, stop, mitigate, or prevent the reoccurrence of unreasonable activities on, or conditions, uses or misuses of, these rental properties which adversely impact or substantially annoy, disturb, threaten, harm, offend or interfere with the residential uses, nature or values of other properties in the neighborhoods in which these rental properties operate, or with the comfort, health, enjoyment, security, life, health, or safety of others, or which substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any lane, street, road, bridge or other public or private way used by emergency vehicles or protective service personnel to gain access to property to provide services, (i.e., public nuisances); (iii) protect the character and stability of all areas, especially residential areas, within the Village of Greendale; (iv) provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises; (v) require the provision of liability insurance in connection with the operation of short-term rentals so that persons on these properties, and the owners and occupants of adjacent properties, who suffer bodily injury or property damage arising from the condition or operation of the short-term rental, or from acts or omissions occurring thereon, are afforded a potential source of recovery to pay such damage claims; and (vi) provide for the administration and enforcement hereof.
(2)
Definitions.
(a) DIRECTOR OF INSPECTION SERVICES DWELLING UNIT ENTITY GUEST REGISTER OCCUPANT PERMIT PERSON PROPERTY MANAGER PROPERTY OWNER SHORT-TERM RENTAL
As used in this section, the following terms shall have the meanings indicated:
The Director of Inspection Services of the Village of Greendale or designee.
One or more rooms with provisions for living, cooking, sanitary and sleeping facilities and a bathroom arranged for exclusive use by one or more persons maintaining a common household. Dwelling units include residential, short-term rental, seasonal employee housing and dormitory units.
A corporation, investment company, limited partnership, limited liability partnership, limited liability company, cooperative association, unincorporated cooperative association, common law trust, or any other group or organization licensed to do business in this state.
The official record provided and kept by a property owner or property manager in which short-term rental guests are required to list their true names and addresses before being assigned sleeping quarters, pursuant to Wis. Admin. Code § ATOP 72.16.
Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit.
The short-term rental permit issued under § 17.363(4).
An individual, group of individuals, or an entity.
Any person who is not the property owner and is authorized by the property owner, expressly or impliedly, to act as agent and as the local contact person on behalf of the property owner for one or more short-term rental, and to take remedial action and promptly respond to any violation of this chapter or the Municipal Code relating to the permitted premises.
The owner of a short-term rental.
A residential dwelling that is offered for rent for a fee and for fewer than 30 consecutive days as defined in Wis. Stats. § 66.1014.
(3)
Operation of short-term rentals.
(a)
No person may maintain, manage or operate a short-term rental more than 10 nights each permit year without a short-term rental permit. Every short-term rental shall be operated by a property owner or property manager.
(c)
Each short-term rental shall comply with all of the following:
1.
No residential dwelling unit may be rented for a period of two or fewer consecutive days.
2.
There shall not be excessive noise as prohibited by § 9.06 of the Village Code, excessive fumes, glare, or vibration, any nuisance activities prohibited pursuant to Chapters 9 and 10 of the Village Code, dogs at large as prohibited by § 9.08 of the Village Code, or trespass onto neighboring properties as prohibited by Chapter 9.18 of the Village Code.
3.
Name plates or other signage related to the short-term rental property shall not exceed one square foot. No other signage advertising the short-term rental is permitted on site.
4.
The number of occupants in any dwelling unit shall not exceed the limits set forth in Wis. Admin. Code § ATCP 72.14 for hotels, motels, and tourist rooming houses.
5.
No recreational vehicles (RVs), campers, tents or other temporary lodging arrangements shall be permitted on site as a means of providing additional accommodations for paying guests or other invitees.
6.
Compliance with all applicable state, county and local codes and regulations is required.
7.
The property owner shall have and maintain homeowner's liability or business liability insurance effective during all short-term rental periods for the premises that are used for short-term rental and shall provide written evidence of such insurance with the permit application.
8.
The property owner or property manager of each short-term rental shall provide a guest register and require all guests to register their true names and addresses and rental time period(s) before being assigned sleeping quarters. The guest register shall be kept by the property owner or property manager and available for inspection for at least one year, as required by the Wisconsin Administrative Code.
9.
Upon probable cause to believe that a violation of this chapter, or of a law, code, rule or regulation relating to buildings, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, food or zoning has occurred or is occurring, the Director of Inspection Services or a local health officer may request that the property owner or property manager allow him or her, upon presenting proper identification, access to the short-term rental premises at any reasonable time. As used in this subsection, "probable cause" means facts and circumstances within an officer's knowledge and of which he or she has reasonably trustworthy information that are sufficient to warrant a reasonable officer in believing that a violation has been or is being committed. If consent is refused, the Director of Inspection Services or health officer may apply for a special inspection warrant issued under Wis. Stats. § 66.0119, or other warrant, subpoena or order as may be necessary or appropriate.
(4)
Short-term rental permit.
(a)
The Director of Inspection Services shall issue a short-term rental permit if an applicant demonstrates compliance with the provisions of Chapter 17.363 of the Municipal Code. A short-term rental permit shall remain active so long as the property continues to be operated as a short-term rental, maintains a valid Wisconsin Tourist Rooming House license, and is not revoked pursuant to § 17.363(8)(c). Any changes in property manager or other information required during the short-term rental application process shall be reported to the Director of Inspection Services within 10 days of such change. Any change in ownership of the property shall automatically extinguish the permit and require a new permit to be issued to continue to operate as a short-term rental. The permit shall contain the following information:
1.
The name of the property owner, with contact information including mailing address and a telephone number at which the property owner is available. If the property owner is also acting as the property manager, then the requirements of Subsection (4)(a)(2) shall apply to the property owner.
2.
The name of the property manager, with contact information including mailing address, physical address (if different from mailing address) and a telephone number at which the property manager is available at all times the property is rented.
3.
The state of Wisconsin Tourist Rooming House license number.
(5)
Short-term rental permit procedure.
(a)
All applications for a short-term rental permit shall be filed with the Director of Inspection Services on forms provided by the Director of Inspection Services. Applications must be filed by the property owner or the property manager. No permit shall be issued unless the completed application form is accompanied by payment of the required application fee, which fee shall be non-refundable.
(b)
Each application shall include the following information and documentation for each short-term rental unit in order to demonstrate compliance with all requirements of this chapter, including, but not limited to, § 17.363(8):
1.
The name of the property owner, with contact information including mailing address and a telephone number at which the property owner is available.
2.
A copy of the state of Wisconsin Tourist Rooming House license issued under Wis. Stats. § 97.605; or proof that such state license has been applied for, in which event a provisional short-term rental license may be issued under this chapter for a period of 30 days but shall be conditioned upon the Director of Inspection Services' receipt of a copy of such state license from the applicant within said thirty-day period, and if a copy of such state license is not received by the Director of Inspection Services within said period, then such provisional license shall expire and be void at and after the end of said thirty-day period.
3.
A copy of a completed state of Wisconsin Lodging Establishment Inspection form dated within one year of such inspection.
4.
Proof of insurance as required by § 17.363(3)(c)7.
5.
A copy of a current seller's permit issued by the Wisconsin Department of Revenue.
6.
A diagram showing the property boundaries, location of buildings and the on-site, off-street parking area(s) designated for tenants, invitees on the premises, and other information as required by the Director of Inspection Services.
7.
Designation of a property manager, unless the property owner is acting as the property manager, with contact information including mailing address, physical address (if different from mailing address), a telephone number, and an affirmative statement that the property manager is authorized to act as agent and as the local contact person for the property owner with respect to operation of the short-term rental.
8.
Written certification by the property owner that the short-term rental meets the requirements of this chapter and applicable state and county laws, ordinances and regulations.
(c)
The application fee shall be paid upon filing of the application. Any application that does not include all of the information and supporting documentation required by this chapter shall not be considered as complete.
(d)
Once a complete application is filed with the Director of Inspection Services, the property owner or property manager must arrange for the Director of Inspection Services to conduct an inspection of the premises to ensure compliance with Chapters 15, 16, 20, and 22 of the Village Code for the purpose of protecting public health, safety and general welfare.
(e)
When the Director of Inspection Services determines that an application is complete, meets the requirements of this chapter, and the property has passed inspection, the Director of Inspection Services shall approve the application and issue a short-term rental permit (or, if applicable, a provisional short-term rental permit) to the applicant. If the Director of Inspection Services determines that the application is incomplete or does not meet the requirements of this chapter, the Director of Inspection Services shall deny the application and inform the applicant, in writing, of the reason(s) why the application was denied and what action is needed to obtain approval of the application.
(f)
No short-term rental permit (or, if applicable, a provisional short-term rental permit) shall be issued if the applicant or short-term rental property has outstanding fees, taxes, special charges or forfeitures owed to the Village.
(g)
No short-term rental permit (or, if applicable, a provisional short-term rental permit) shall be issued if the short-term rental property has any active Village Code violations.
(h)
No short-term rental permit (or, if applicable, a provisional short-term rental ordinance) shall be issued if the applicant or short-term rental property is found to be subject to one of the grounds for revocation as provided in § 17.363(8)(d).
(6)
Standards for short-term rentals.
(a)
Each short-term rental shall comply with this chapter's requirements and any other applicable state, county or local laws, codes, rules or regulations. Each short-term rental shall comply with the following standards:
1.
The number of occupants may not be more than allowed under Wis. Admin. Code Ch. ATCP 72 or any other state regulation, state statute, or local ordinance.
2.
The short-term rental premises shall have functioning smoke detectors and carbon monoxide detectors pursuant to the requirements of Wis. Admin. Code Ch. SPS 321.
3.
Certification of compliance: As a condition of issuance of a permit under § 17.363 of the Village Code, the property owner or property manager shall certify in writing in each application form that the short-term term rental property is in compliance with the terms and conditions of the permit and this chapter.
(7)
Display of permit. Each permit shall be displayed on the inside of the main entrance door of each short-term rental.
(8)
Appeal of permitting decisions; permit revocation; appeal procedure; judicial review.
(a)
The Director of Inspection Services' decision to deny an initial short-term rental permit shall specify the reason(s) for such denial and notify the applicant of his or her right to an appeal hearing as provided in § 17.363(9)(b).
(b)
The Director of Inspection Services' decision to deny an initial permit may be appealed to the Board of Trustees by filing a written appeal with the Village Clerk within 21 calendar days (excluding legal holidays) after the date of mailing of the written notice of the Director of Inspection Services' decision denying such permit. The Board of Trustees shall conduct a due process hearing and issue a written decision on the appeal within 30 calendar days of the Village's receipt of the written appeal. If the appellant appears at the hearing he or she may produce and cross-examine witnesses, present relevant evidence, and be represented by counsel or his or her choosing, at his or her expense. If the Board of Trustees finds the Director of Inspection Services' reason(s) for his or her decision sufficient, the decision shall be affirmed. If the Board of Trustees finds the Director of Inspection Services' reason(s) for his or her decision insufficient, the decision shall be reversed, and the permit shall be granted and issued. If the appellant does not appear at the hearing and the Board of Trustees finds the Director of Inspection Services' reason(s) for his or her decision sufficient, the decision shall be affirmed. The Board of Trustees' written decision on the appeal must specify the reason(s) for its determination. The Village Clerk shall give written notice of the Board of Trustees' decision to the applicant or permittee.
(c)
A permit may be revoked by the Board of Trustees following a due process hearing for one or more of the following reasons:
1.
Failure by the permittee to make payment of delinquent fees, taxes, special charges, forfeitures or other debt owed to the Village.
2.
Failure to maintain all required local, county and state permitting and licensing requirements.
3.
Any violation of local, county or state laws or regulations which, based upon their number, frequency and/or severity, and their relation to the short-term rental property, its owner(s), tenant(s), occupant(s) or visitor(s), substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood.
(d)
Revocation. Any resident of or owner of property within the Village may file a sworn written complaint with the Village Clerk alleging one or more of the reasons set forth in § 17.363(9)(c) as grounds for revocation of a short-term rental permit issued under this chapter. Upon the filing of the complaint, the Board of Trustees shall notify the permittee of the complaint by certified mail - return receipt requested and provide the permittee with a copy of the complaint. The notice shall direct the permittee to appear before the Board of Trustees on a day, time and place included in the notice, not less than 10 days and not more than 45 days from the date of the notice and show cause why his or her permit should not be revoked. The hearing shall be conducted as provided in § 17.363(9)(b). If a permit is revoked, the Village Clerk shall give notice of revocation to the permittee by certified mail - return receipt requested. No part of the fee paid for any permit so revoked may be refunded.
(e)
Judicial review. The action of the Board of Trustees in granting, refusing to grant, or revoking a permit under this chapter may be reviewed by the County Circuit Court upon appeal by the applicant, permittee, or a resident of or owner of property within the Village, such appeal shall be filed within 30 days of the date of mailing by the Village Clerk of the notice of the Board of Trustees' action granting, refusing to grant, or revoking a permit. The procedure on review shall be the same as in civil actions commenced in the circuit court pursuant to Wis. Stats. Chs. 801 to 807.
(9)
Penalties.
(a)
Any person who violates any provision of this chapter shall be subject upon conviction thereof to a forfeiture of not less than $5 nor more than $1,000 for each offense, together with the costs of prosecution. Each violation and each day a violation occurs or continues to exist shall constitute a separate offense.
(b)
The penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs, whether existing under this chapter or otherwise.
(10)
Fees. Any person applying for a initial short-term rental permit pursuant to this chapter shall be subject to the fees as established by resolution of the Board of Trustees.
(11)
Severability. Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions of this chapter.
17.365 Temporary uses and temporary signs.
[Added 7-23-1999 by Ord. No. 768; amended 4-17-2001 by Ord. No. 779; 10-17-2017 by Ord. No. 889; 10-16-2018 by Ord. No. 899]
(1)
Applications for a temporary use. Application for a temporary use shall be made to the Zoning Administrator. The Zoning Administrator shall then transmit the application for a temporary use to the Village Board for its referral of the application to the Plan Commission, except as described otherwise herein. Such body shall then review the application and make a recommendation to the Village Board concerning the intended temporary use. The Zoning Administrator may require some or all of the following information to be included with an application for a temporary use.
[Amended 3-21-2023 by Ord. No. 948]
(a)
Name and address. The name, address, and phone number of the applicant or agent to be contacted with regard to the application.
(b)
Description of the property. Description of the property by:
1.
Lot, block, and recorded subdivision or by metes and bounds.
2.
Address of the subject site.
3.
The zoning district within which the subject site lies.
4.
Type of structure.
5.
Type of use proposed.
6.
A word description of the existing and proposed operation and use of the structure or site, including any storage needs.
7.
Proposed hours of operation.
8.
Number of employees.
9.
Proposed temporary signage.
10.
A site plan (drawn to scale and dimensioned) indicating the type, size, and location of all existing structures, existing site features (including off-street parking and drives), location and extent of the proposed temporary use(s), and signs (type, location, size, and height).
11.
For nonresidential and multiple-family residential uses, any other information pertinent to an adequate understanding of the intended use.
12.
Any other information deemed appropriate by the Village Board, Plan Commission, Village Manager, Zoning Administrator, or Village Planner.
(2)
Village staff review of application. After the Village Board refers the application for the temporary use to the appropriate body for recommendation, the Zoning Administrator shall refer the application and related data to appropriate Village departments for their study and/or comment prior to the applicable meetings.
[Amended 3-21-2023 by Ord. No. 948]
(3)
General standards for temporary uses. No certificate of occupancy for a temporary use shall be issued by the Zoning Administrator pursuant to this chapter unless the following standards are met:
(a)
Purposes and intent. The proposed use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established.
(b)
Adverse impact. The proposed use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.
(c)
Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property according to the applicable zoning district regulations.
(d)
Adequate facilities. The proposed use will be served adequately by streets, off-street or on-street parking, police and fire protection, refuse disposal, and other public facilities or the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site.
(e)
Traffic congestion. The proposed use will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
(f)
Destruction of significant features. The proposed temporary use will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(g)
Compliance with standards. The temporary use shall, in all other respects, conform to the applicable dimensional regulations of the district in which it is located. The proposed use shall comply with all additional standards imposed on it by the particular provision of this chapter.
(h)
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board upon due consideration of all recommendations received in the matter.
[Amended 3-21-2023 by Ord. No. 948]
(4)
Detailed standards for specific temporary uses. The following are specific temporary uses with specific standards which shall apply:
(a)
Amusement parks (temporary). Temporary amusement parks (defined as a temporary facility which operates and maintains at a temporary location carnival-type amusements such as rides, skill games, and food dispensing facilities, and shall not include gambling devices, chance games, or other activities in violation of the Village of Greendale Code) may be allowed in all nonresidential zoning districts. The following specific standards shall be used:
1.
Trash and debris. All trash and debris shall be removed or contained daily.
2.
Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.
3.
Signage. All signage shall be according to the Village of Greendale sign regulations.
4.
Setup of materials and equipment. All materials and equipment shall be set up no longer than five days in advance of the opening of the operation.
5.
Removal of materials and equipment. All materials and equipment shall be removed within two days of the end of the operation.
6.
Hours of operation. The hours of operation shall be determined by the Village Board.
7.
Inspection of rides. No ride shall be placed in operation for public use until the same has been inspected for mechanical, structural, electrical and other hazards by the Zoning Administrator and Fire Chief and such other officers or employees of the Village of Greendale having jurisdiction. Adequate safeguards shall be placed to protect both operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches and other potential hazards. All rides shall comply with the appropriate provisions of the Wisconsin Administrative Code regulating the same.
8.
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
9.
Trailers and mobile homes. Trailers and mobile homes used by the operators of amusement parks and their employees may be permitted on the amusement park site only upon approval of the Village Board.
10.
Sound. All sound emitted from sound amplification systems used at carnival or exhibition sites shall be at reasonable levels and contained within the carnival or exhibition area.
11.
Certificate(s) of insurance required. No amusement park use shall be permitted until the applicant therefor has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such amusement park. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.
12.
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Fire Department, and/or Zoning Administrator.
(b)
Outdoor dining accessory to a restaurant or other food-serving business. The following specific standards shall be used for outdoor dining as a temporary use accessory to a restaurant or other food-serving business:
1.
Integral part of restaurant or other food service establishment. The outdoor dining area shall be managed, operated, and maintained as an integral part of the adjoining restaurant or other food-serving business.
2.
Noise and lighting impacts on residential areas. The outdoor dining area shall be designed to avoid noise or lighting impacts on residential areas.
3.
Hours of operation of the outdoor dining area. The hours of operation of the outdoor dining area shall be set by the Village Board.
4.
No cooking or food preparation outdoors. There shall be no cooking or food preparation outside of a building.
5.
Off-street parking requirements to be met. All off-street parking requirements of this chapter shall be met.
6.
Maintenance. All outdoor dining areas shall be maintained in a clean and safe manner and kept free from refuse and debris.
7.
No outdoor storage permitted. There shall be no outdoor storage permitted in conjunction with an outdoor dining area.
8.
No additional signage permitted. There shall be no additional outdoor signage permitted in conjunction with an outdoor dining area.
9.
No interference with pedestrian or vehicular traffic. The operation of the business shall not interfere with the pedestrian or vehicular circulation on any adjoining public streets, alleys, or sidewalks.
10.
Liquor sales and consumption. The outdoor area used for liquor sales and consumption shall be established by the Village Board and shall be located within a contained and controlled on-site area.
11.
Size limitation. The outdoor dining area shall be considered an accessory use to the principal use of the property.
12.
Serving of food outdoors subject to Village Health Department and Zoning Administrator review. The serving of food outdoors is subject to Village Health Department and Zoning Administrator review for conformance with all applicable codes and regulations.
13.
Not on public property. The outdoor dining area shall not be placed upon public property.
14.
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
15.
Certificate(s) of insurance required. No outdoor dining use shall be permitted until the applicant therefor has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such outdoor dining use. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.
16.
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Board, Plan Commission, Village Health Department and/or Zoning Administrator.
(5)
Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Plan Commission and Village Board shall consider the following:
(a)
Public benefit. Whether and to what extent the proposed temporary use at the particular location requested is necessary or desirable to provide a service that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(b)
Alternative locations. Whether and to what extent such public benefit goals can be met by the location of the proposed temporary use at another site or in another area that may be more appropriate than the proposed site.
(c)
Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use on the immediate vicinity through site design and screening.
(6)
Conditions on certificate of occupancy for a temporary use. The Village Board may impose upon the premises benefited such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or county requirements) and other matters relating to the purposes and objectives of this chapter. The conditions and/or limitations imposed shall be as the Village Board deems may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property or upon such public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the certificate of occupancy for a temporary use. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the certificate of occupancy for a temporary use.
(7)
Effect of issuance of a certificate of occupancy for a temporary use. The granting of a certificate of occupancy for a temporary use shall not authorize the establishment or extension of any such use as a permanent 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 of the Village of Greendale, including but not limited to building permit, zoning certificate, certificate of occupancy, land division approval, site plan approval, or other type of permit or approval. The granting of a certificate of occupancy for a temporary use shall not be deemed as precedent setting.
(8)
Limitations on certificate of occupancy for a temporary use.
(a)
Time limitations. Subject to an extension of time granted by the Village Board.
(b)
Temporary use discontinuance. A certificate of occupancy for a temporary use shall be deemed to authorize only the particular temporary use for which it was issued. Such certificate of occupancy for a temporary use shall automatically expire and cease to be of any force or effect if such use shall be discontinued.
(9)
Amendments to certificate of occupancy for a temporary use. A certificate of occupancy for a temporary use may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for the original approval of a temporary use.
(10)
Review of certificate of occupancy for a temporary use. An existing certificate of occupancy for a temporary use may be reviewed by the Village as follows:
(a)
The Zoning Administrator may review and revoke a certificate of occupancy for a temporary use if any of the following determinations are made by the Zoning Administrator:
1.
The temporary use has not continued in conformity with the Village's conditions of approval of the certificate of occupancy for a temporary use or with any subsequent amendments to the certificate of occupancy for a temporary use.
2.
Violations of other statutes, ordinances, or laws.
3.
A change in the character of the surrounding area or in the temporary use itself which has caused the temporary use to become incompatible with the surrounding uses.
(b)
The determination of a review for revocation of a granted certificate of occupancy for a temporary use shall be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the certificate of occupancy for a temporary use as to the reason(s) for the review.
(c)
Upon review for revocation of the certificate of occupancy for a temporary use, the Zoning Administrator may take no action, revise the certificate of occupancy for a temporary use, specify additional conditions to be added to the certificate of occupancy for a temporary use, or may terminate the certificate of occupancy for a temporary use.
(11)
Temporary signs shall be placed in conformance with this Code for no longer than 120 days, unless a longer time is expressly allowed by § 12.04, Wis. Stats., or other applicable laws, in which case the shortest period required by such statute applies; or as follows.
(a)
Signs on property under construction. Temporary signs are permitted by the Director of Inspection Services in any district for the duration of a building permit, where a building permit is in effect and construction is occurring. The Director of Inspection Services may restrict the number, size, and location of temporary signs on any property to ensure safety for traffic and pedestrians.
(b)
Signs on property marketed for sale or lease. Temporary signs may remain on a property for all time that the property is actively marketed, as defined herein, for sale or lease. Whether the property is being actively marketed for sale or lease shall be subject to the determination of the Director of Inspection Services. The sign must be removed no later than 10 calendar days after the active marketing of the property is concluded. The total sign area requirements of the district in which the sign is located shall apply.
17.368 Outdoor retail displays and sales.
[Added 10-17-2017 by Ord. No. 889; amended 1-21-2025 by Ord. No. 968; 4-1-2025 by Ord. No. 970; 7-15-2025 by Ord. No. 978]
(1)
Applications for outdoor retail displays and sales. Application for outdoor retail displays and sales shall be made to the Zoning Administrator. The Zoning Administrator shall then transmit the application for outdoor retail displays and sales to the Village Manager for his review and comment. The Zoning Administrator may require some or all of the following information to be included with an application for outdoor retail displays and sales.
(a)
Name and address. The name, address, and phone number of the applicant or agent to be contacted with regard to the application.
(b)
Description of the property. Description of the property by:
1.
Lot, block, and recorded subdivision or by metes and bounds.
2.
Address of the subject site.
3.
The zoning district within which the subject site lies.
4.
Type of structure (if any).
5.
Type of use proposed.
6.
A word description of the existing and proposed operation and use of the structure or site, including any storage needs.
7.
Proposed hours of operation.
8.
Number of employees.
9.
Proposed temporary signage.
10.
A site plan (drawn to scale and dimensioned) indicating the type, size, and location of all existing structures, existing site features (including off-street parking and drives), location and extent of the proposed outdoor retail displays and sales, and signs (type, location, size, and height). If applicable, the site plan shall include the proposed location, size, and type of propane tanks to be displayed and sold on the property.
11.
For nonresidential and multiple-family residential uses, any other information pertinent to an adequate understanding of the intended use.
12.
Any other information deemed appropriate by the Village Manager, Zoning Administrator, or Village Planner.
(2)
Village staff review of application. The Zoning Administrator shall refer the application and related data to appropriate Village departments for their study and/or comment to the Zoning Administrator.
(3)
General standards for outdoor retail displays and sales. No certificate of occupancy for outdoor retail displays and sales shall be issued by the Zoning Administrator pursuant to this chapter unless the following standards are met:
(a)
Purposes and intent. The proposed use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established.
(b)
Adverse impact. The proposed use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.
(c)
Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property according to the applicable zoning district regulations.
(d)
Adequate facilities. The proposed use will be served adequately by streets, off-street or on-street parking, police and fire protection, refuse disposal, and other public facilities or the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site.
(e)
Traffic congestion. The proposed use will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
(f)
Destruction of significant features. The proposed outdoor retail displays and sales will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(g)
Compliance with standards. The outdoor retail displays and sales shall, in all other respects, conform to the applicable dimensional regulations of the district in which it is located. The proposed use shall comply with all additional standards imposed on it by the particular provision of this chapter.
(h)
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Manager, Police Department, Fire Department, Village Health Department, and/or Zoning Administrator.
(4)
Detailed standards for outdoor retail displays and sales. The following are specific standards, which shall apply:
(a)
Outdoor retail displays and sales. Outdoor retail displays and sales may be permitted in the B-1, B-2, B-3 and B-4 Business Districts only. Outdoor retail displays and sales shall not include the outdoor display of vehicles and equipment. Outdoor retail displays and sales uses shall not be permitted in any other zoning district. Said outdoor retail displays and sales uses do not include special community events regulated under § 17.365(4)(d) of this Code. Where outdoor retail displays and sales uses may be permitted, the following specific standards shall be used:
1.
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Milwaukee County and/or the Village of Greendale.
2.
Display prohibited on public land and public rights-of-way. No outdoor retail displays and sales uses shall be located on Village-owned land or public rights-of-way.
3.
Location. The use shall be restricted to a clearly defined area on the property as approved by the Zoning Administrator.
4.
No outdoor retail displays and sales uses permitted not accessory to enclosed building. No outdoor retail displays and sales uses shall be permitted which are not accessory to a permanent enclosed use. No structures, other than those already existing on the subject property, can be permitted under an outdoor retail displays and sales permit.
5.
Considered as an accessory use. The outdoor retail displays and sales use shall be considered an accessory use to the principal use of the property.
6.
Hazardous and chemical materials. No hazardous and chemical materials that include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and chemicals (including fertilizers) shall be located outdoors. This does not prohibit the display and sale of propane tanks.
7.
Visibility. The location of outdoor retail displays and sales uses on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard or obscure the public view of a neighboring business.
8.
Trash and debris. All trash and debris shall be removed or contained daily.
9.
Written consent required. Written consent from the owner, or authorized agent, of the property shall be provided.
10.
Signage. All signage shall be according to the sign regulations set forth in the Village sign regulations. The following signs are hereby prohibited:
a.
Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes all flags (except that of the United States of America, State of Wisconsin, and Village of Greendale), pennants, whirling objects, banners, or other entities attached to strings or lines.
b.
Inflatable advertising devices or signs.
c.
Changeable copy and portable trailer signs, either fixed or moveable.
d.
Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village Board).
e.
Statues and stuffed animals.
f.
A sign on a motor vehicle or trailer parked on public or private property so as to be seen from the public right-of-way for more than three consecutive hours, which has attached thereto or located thereon any sign for the purpose of advertising a product or directing people to a business activity.
11.
Removal of materials. All materials shall be removed within 24 hours of the end of the operation.
12.
Limitation on use of drives or required off-street parking spaces. No outdoor retail displays and sales area shall occupy any drive and/or off-street parking space, which is required by this chapter for the principal use of the property.
13.
Blocking of ingress/egress routes prohibited. No outdoor retail displays and sales area shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).
14.
Setbacks. No outdoor retail displays and sales area may directly abut any residential zoning district.
15.
Securing of display items during hours of nonoperation. All items displayed may be required to be moved to an indoor secured location during hours of nonoperation if required by the Zoning Administrator.
16.
Fire hazards. All outdoor retail displays and sales areas shall be maintained in such a manner so as to eliminate insofar as possible any fire hazard.
17.
Duration. Outdoor retail displays and sales permits shall be issued by the Zoning Administrator for an indefinite period of time.
18.
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
19.
Certificate(s) of insurance required. No outdoor retail displays and sales use shall be permitted until the applicant therefor has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such outdoor retail displays and sales use. Such insurance shall be in the minimal amount of $500,000 per person, $1,000,000 for each accident and $100,000 property damage.
20.
Other requirements. Any other requirements and/or conditions deemed appropriate by the Village Manager, Police Department, Fire Department, Village Health Department, and/or Zoning Administrator.
(5)
Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Administrator shall consider the following:
(a)
Public benefit. Whether and to what extent the proposed outdoor retail displays and sales at the particular location requested are necessary or desirable to provide a service that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(b)
Alternative locations. Whether and to what extent such public benefit goals can be met by the location of the proposed outdoor retail displays and sales at another site or in another area that may be more appropriate than the proposed site.
(c)
Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use on the immediate vicinity through site design and screening.
(6)
Conditions on certificate of occupancy for outdoor retail displays and sales. The Zoning Administrator may impose upon the premises benefited such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or county requirements) and other matters relating to the purposes and objectives of this chapter. The conditions and/or limitations imposed shall be as the Zoning Administrator deems may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property or upon such public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the certificate of occupancy for outdoor retail displays and sales. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the certificate of occupancy for outdoor retail displays and sales.
(7)
Effect of issuance of a certificate of occupancy for outdoor retail displays and sales. The granting of a certificate of occupancy for outdoor retail displays and sales shall not authorize the establishment or extension of any such use as a permanent 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 of the Village of Greendale, including but not limited to building permit, zoning certificate, certificate of occupancy, land division approval, site plan approval, or other type of permit or approval. The granting of a certificate of occupancy for outdoor retail displays and sales shall not be deemed as precedent setting.
(8)
Limitations on certificate of occupancy for outdoor retail displays and sales.
(a)
(Reserved)
(b)
Outdoor retail displays and sales discontinuance. A certificate of occupancy for outdoor retail displays and sales shall be deemed to authorize only the particular outdoor retail displays and sales for which it was issued. Such certificate of occupancy for outdoor retail displays and sales shall automatically expire and cease to be of any force or effect if such use shall be discontinued.
(9)
Amendments to certificate of occupancy for outdoor retail displays and sales. A certificate of occupancy for outdoor retail displays and sales may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for the original approval of outdoor retail displays and sales.
(10)
Review of certificate of occupancy for outdoor retail displays and sales. An existing certificate of occupancy for outdoor retail displays and sales may be reviewed by the Village as follows:
(a)
The Zoning Administrator may review and revoke a certificate of occupancy for outdoor retail displays and sales if any of the following determinations are made by the Zoning Administrator:
1.
Outdoor retail displays and sales have not continued in conformity with the Village's conditions of approval of the certificate of occupancy for outdoor retail displays and sales or with any subsequent amendments to the certificate of occupancy for outdoor retail displays and sales.
2.
Violations of other statutes, ordinances, or laws.
3.
A change in the character of the surrounding area or in the outdoor retail displays and sales itself, which has caused the outdoor retail displays and sales to become incompatible with the surrounding uses.
(b)
The determination of a review for revocation of a granted certificate of occupancy for outdoor retail displays and sales shall be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the certificate of occupancy for outdoor retail displays and sales as to the reason(s) for the review.
(c)
Upon review for revocation of the certificate of occupancy for outdoor retail displays and sales, the Zoning Administrator may take no action, revise the certificate of occupancy for outdoor retail displays and sales, specify additional conditions to be added to the certificate of occupancy for outdoor retail displays and sales, or may terminate the certificate of occupancy for outdoor retail displays and sales.
17.3610 Wireless telecommunications mobile service facilities.
[Added 7-17-2001 by Ord. No. 781; amended 4-2-2019 by Ord. No. 906; 8-20-2019 by Ord. No. 912]
(1)
Purpose. This section is intended to regulate mobile service facilities to the full extent allowed by § 66.0404, Wis. Stats., and other applicable laws. Nothing herein is intended to regulate or to authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by § 66.0404, Wis. Stats., or other applicable laws.
(2)
Definitions. All terms used herein shall have the meaning described in § 66.0404(1), Wis. Stats.
(3)
New towers and facilities. In addition to the special use review required by § 17.36, the siting and construction of a new mobile service support structure and facilities shall be subject to the following requirements:
(a)
Application process. The Applicant shall submit a written application which shall include all of the following information:
1.
The name and business address of, and the contact individual for, the Applicant.
2.
The location of the proposed tower.
3.
The location of the mobile service facility.
4.
A construction plan which describes the tower, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.
5.
An explanation as to why the Applicant chose the proposed location, and why the Applicant did not choose co-location, including a sworn statement from the responsible party attesting that co-location within the Applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.
(b)
Determination of completeness within 10 days of submittal. The Village Manager or the Village Manager's designee shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village Manager or the Village Manager's designee shall notify the Applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until they are complete.
(c)
Conditional use review procedure. The wireless telecommunications mobile service facility shall be a conditional use; however, it is not subject to § 17.08(5)(d) or § 17.36 of this Code, and instead shall be reviewed pursuant to the following procedures:
1.
Plan Commission. Within a reasonable time after an application and all required information have been filed, the matter shall be referred to the Village Plan Commission for its review and recommendation to the Village Board. The Plan Commission may choose to attend the public hearing, described below, jointly with the Village Board, prior to making its recommendation.
2.
Public hearing. Upon Class 2 notice, a public hearing shall be held by the Village Board in accordance with § 62.23(7)(d) and (de), Wis. Stats., and in addition mailed notice shall be attempted to all owners of property located within 300 feet of the property lines of the proposed location at least 10 days before the public hearing.
[Amended 5-24-2022 by Ord. No. 940]
3.
Fee. Any application shall be accompanied by a fee as set from time to time by the Village Board to defray the cost of notification and holding of public hearing. Costs incurred by the Village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the Applicant. Such fee shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.
4.
Requirements.
a.
Conditional use status shall not be granted to communication towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. If an Applicant provides the Village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the Village has and provides to the Applicant substantial evidence that the engineering certification is flawed.
b.
All facilities shall meet all state and federal codes.
c.
Adverse impact. The proposed wireless communications towers, antennas, and associated accessory structures and facilities use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and will not substantially diminish and impair property values within the community or neighborhood and:
1)
Interference with surrounding development. Will be constructed, arranged, and operated so as not to unreasonably interfere with the use and development of neighboring property according to the applicable zoning district regulations.
2)
Adequate public facilities. Will be served adequately by any required essential public facilities and services.
3)
Traffic congestion. Will not cause undue traffic congestion or draw significant amounts of traffic through residential streets. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
4)
Destruction of significant features. Will not result in the destruction, loss, or damage of any points of visual interest, including views of waterways, open spaces, historic buildings or historic landscapes or Village-scapes, architecturally significant structures, or other scenic views or natural, scenic, or historic features of significant importance.
5)
Hazard protection. Will reasonably protect persons and property from erosion, flooding, fire, noise, glare, falling debris or ice, or similar hazards.
6)
Compliance with State of Wisconsin Statutes and the Wisconsin Administrative Code. The proposed facilities shall be in compliance with all applicable State of Wisconsin Statutes and Wisconsin Administrative Code provisions and requirements.
7)
Compatible with adjacent land. The uses, values and enjoyment of other Village property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
[Added 8-18-2020 by Ord. No. 924]
8)
Welfare. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
[Added 8-18-2020 by Ord. No. 924]
9)
Not impede surrounding property development and improvement. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding Village property for uses permitted in the district.
[Added 8-18-2020 by Ord. No. 924]
5.
Aesthetic requirements. All wireless telecommunications facilities shall comply with the following aesthetic standards:
a.
In areas where facilities are currently nonexistent or underground, undergrounding is required.
b.
No new aboveground structures, including co-locations on existing structures, shall be placed within 500 feet of structures representative of the greenbelt planned community development, which earned Greendale designation as a National Historic Landmark by the U.S. Department of the Interior. The historic structures subject to this requirement are all structures built prior to 1945, unless the Applicant can demonstrate that a particular structure is not representative of the historic greenbelt development. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.
c.
Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.
d.
Any party objecting to the requirements of this Subsection (3)(c)5 shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of state or federal law, upon application to the Village Board, and the Village Board shall waive the requirement if it finds the standard to effectively prohibit the expansion of wireless technology in the Village or otherwise violates state or federal law.
6.
Determination. The Village Board shall make a decision on the application within a reasonable time after the public hearing, provided further that final action shall be taken within 90 days of receipt of a complete application unless the time is extended by the Applicant. Said decision shall be stated in writing and a copy made a permanent part of the Village records. If conditional use status is not granted, the reasons therefor will be included in such record.
7.
Changes or additions. Subsequent change or addition to the approved plans or use shall first be submitted to the Plan Commission for recommendation to the Village Board, and then to the Village Board for action. If, in the opinion of the Village Board, such change or addition constitutes a substantial alteration, a public hearing to be held before the Village Board shall be required and notice thereof be given pursuant to this chapter.
8.
Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, among other issues as deemed appropriate, may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter; subject to the limitations of § 17.3610(3)(d), below. Particular conditions may include the following:
a.
Interference with air traffic prohibited. The proposed antenna or antenna structure shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport and must meet the applicable Federal Aviation Administration (FAA) regulations.
b.
Interference with radio or television reception and/or any other form of wireless communication prohibited. The proposed tower, alternative tower structure and/or antenna(s) shall not result in interference with radio and/or television reception and/or any other form of wireless communication in nearby residential or nonresidential areas based upon the applicable Federal Communications Commission (FCC) regulations. In the event that any complaints of interference are received and they are reasonably suspected by the Village of Greendale to be caused by the tower, alternative tower structure and/or antenna(s), the Village shall notify the Applicant and property owner. The Applicant shall have a period of 30 days following receipt of said notification to investigate said complaints and respond to the Village of Greendale. In the event that it is determined that the tower, alternative tower structure and/or antenna(s) is the source of interference, the Applicant shall have 10 days to correct all problems.
c.
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Milwaukee County and/or the Village of Greendale.
d.
Limitation on use of drives or required off-street parking spaces. No wireless communications towers, antennas, and associated accessory structures and facilities shall occupy any drive and/or off-street parking space which is required by this chapter for the principal use of the property.
e.
Blocking of ingress/egress routes prohibited. No wireless communications towers, antennas, and associated accessory structures and facilities shall block any permanent vehicular and/or pedestrian ingress and egress route or access aisle or drive (including entrances and/or exits to a site or building).
f.
Visibility and safety. The location of wireless communications towers, antennas, and associated accessory structures and facilities on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.
g.
All new towers to be of a monopole or special design unless otherwise determined by the Village Board. Unless otherwise determined by the Village Board as provided herein, all new wireless communications towers shall be of a monopole tower design and shall not exceed a width or diameter of five feet in diameter as measured at its base. However, the Village Board shall have authority to require a special design of new wireless communications towers where findings of particular sensitivity are made, such as proximity to historic or aesthetically significant structures, views and/or community features or other factors as determined by the Village Board.
h.
Wireless communications towers, antennas, and associated accessory structures to be structurally self-supporting. All wireless communications towers, antennas, and associated accessory structures and facilities shall be structurally self-supporting without the use of guy wires and shall be specified or plan-approved by a structural professional engineer licensed in the State of Wisconsin. All wireless communications towers, antennas, and associated accessory structures and facilities shall be permanently anchored to the ground.
i.
Minimum of four service providers to be allowed to use tower facilities. Unless specifically waived by the Village of Greendale, new towers shall be designed to accommodate at least three other wireless communication service providers at market rate. The Applicant shall allow the sharing of the antenna support facilities with three or more other service providers through the use of a co-location agreement. The holder of a special use permit for an antenna support facility shall not make access to the antenna support facility and site economically unfeasible. If additional users demonstrate (through an independent arbitrator or other pertinent means) that the holder of a special use permit for an antenna support facility and site has made access to such antenna support facility and site economically unfeasible, then the special use permit for said facility shall become null and void. All towers and structures shall be designed structurally, electrically, and in all respects to:
1)
Accommodate both the Applicant's antennas and comparable antennas.
2)
Allow for the future rearrangement of antennas upon the commercial communication tower or structure.
3)
Accept antennas mounted at varying heights, provided that said heights do not exceed the maximum height approved or the height of the approved commercial communication tower or existing structure.
j.
Buildings, enclosures, equipment and associated devices. All buildings, enclosures, equipment, and other associated devices ancillary to wireless communications towers and antennas shall be placed in close proximity to the base of the tower located on the wireless communications site. If the wireless communications facility does not have a tower, the buildings, equipment, and other associated devices shall be placed in close proximity to the alternative tower structure. If the wireless communications facility has a roof-mounted antenna support structure, an equipment enclosure may be located on the roof, provided that such enclosure is placed as unobtrusively as possible and in compliance with all applicable building codes and this chapter.
1)
All buildings, enclosures, equipment, and other associated devices shall be kept locked at all times.
2)
Each building, enclosure, equipment, and other associated device shall have a label attached to it. The label shall give the name, address, and telephone number of the person who should be contacted in the event of an emergency.
3)
The aggregate floor area of all buildings and enclosures shall not exceed 500 square feet per tower.
4)
The total height of the structures shall not exceed 15 feet in height, and the construction materials shall consist of a brick exterior on all sides of the structures.
5)
Backup electrical power generators, if provided, shall only be operated during electrical power outages and for testing and maintenance purposes. If the electrical power generator is located within 100 feet of a residential zoning district boundary line, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of not greater than 45 Ldn at the property line. Testing and maintenance of said electrical power generators shall only take place on weekdays between the hours of 9:00 a.m. and 5:00 p.m.
6)
An "RF Safety Hazard" sign per ANSI Standard C95.2-1982, including descriptive wording or warning information at the user's option, shall be located on the tower and facilities where appropriate to create an awareness of a possible RF exposure to personnel. Sign lettering is recommended to conform to ANSI Z35.1-1972m while the yellow triangle shall conform to ANSI Z53.1-1979. ANSI Z35.1-1972 details construction guidance in the selection of finishes, illumination and placement.
k.
Anticlimbing measures required. Towers shall be designed to prevent children and trespassers from climbing on those structures. Sufficient anticlimbing measures shall be incorporated into the facility to reduce the potential for trespass and injury. Ladder rungs on towers shall be placed a minimum of 20 feet above the ground.
l.
Advertising and signage. No form of advertising or signage (other than warning or equipment information signage) shall be allowed on the wireless communications towers, antennas, and associated accessory structures and facilities. All signage shall be according to the sign regulations set forth in the Village of Greendale sign regulations. In addition, the following signs are hereby prohibited:
1)
Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes all flags (except that of the United States of America, State of Wisconsin, and Village of Greendale), pennants, whirling objects, banners, or other entities attached to strings or lines.
2)
Inflatable advertising devices or signs.
3)
Changeable copy and portable trailer signs, either fixed or moveable.
4)
Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Village Board).
5)
Statues and stuffed animals.
m.
Cable installation. All cable to and from the antenna and/or antenna structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure. Aboveground cable installation may be allowed if it is adequately screened from view from outside the fenced area as determined by the Village Board upon receipt of a recommendation from the Plan Commission.
n.
Security and fencing. The base of the tower and its associated accessory structures shall be enclosed and fenced by a security fence not less than six feet in height and secured so that it is not accessible by the general public. Fence design, materials, and colors shall reflect the character of the surrounding area as determined by the Village Board upon receipt of a recommendation from the Plan Commission. Electrical fencing is prohibited. All fencing shall meet the applicable fence requirements of the Village of Greendale Code.
o.
Landscaped buffer yard required. A buffer yard of plant materials of sufficient maturity and size (as determined by the Village Board) to immediately and effectively screen the equipment cabinets, structures, or buildings from public view and from adjacent properties shall be provided.
1)
The minimum buffer yard shall consist of a landscaped strip at least 10 feet in width outside the entire perimeter of the wireless communications facility.
2)
In locations where the visual impact of the tower would be minimal (as determined by the Village Board), the landscaping requirement may be reduced or waived with the approval of the Village Board.
3)
Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, when such towers are sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer yard.
4)
All landscaping requirements detailed here shall be properly maintained in perpetuity.
5)
The minimum size of plant materials used in the required buffer yard shall be as indicated below:
Plant Material Type | Minimum Plant Material Sizes |
|---|---|
Canopy trees | |
Single stem | 3-inch caliper |
Multistem clump | 12 feet tall |
Coniferous trees | 8 feet tall |
Understory trees | 2-inch caliper |
Shrubs | 3 feet tall |
p.
Lighting. No tower, antenna support structure, or antenna shall be artificially illuminated unless required by the Federal Aviation Administration or other applicable authority. This subsection does not prohibit the use of motion detectors and associated lighting for security or the use of full cutoff luminaire design outdoor lights when the wireless communication provider's personnel are present. This subsection is not intended to prohibit any lighting required by any local, state, or federal law, rule, or regulation. If lighting is required by such law, rule, or regulation, the operator and owner shall choose the lighting which causes the least disturbance to the occupants of the adjacent properties.
q.
Color and finish. All towers and antennas shall be of a color that best allows them to blend into the surroundings so as to reduce visual obtrusiveness or to camouflage the tower and antennas. The use of grays, blues, and greens may be appropriate; however, each case shall be evaluated by the Village of Greendale on an individual basis. All finishes shall be nonreflective.
r.
No outdoor storage permitted. There shall be no outdoor storage of any vehicles, equipment, or other goods permitted in conjunction with wireless communications towers, antennas, and associated accessory structures and facilities. This subsection does not apply to overnight storage of vehicles or equipment necessary for the construction or repair of the wireless communications tower, antennas, and associated accessory structures and facilities.
s.
Hazardous materials. There shall be no use of, generation of, storage of, or disposal of any hazardous materials on, under, about, or within the land in violation of any law or regulation in conjunction with wireless communications towers, antennas, and associated accessory structures and facilities.
t.
Maintenance. All wireless communications towers, antennas, and associated accessory structures and facilities shall be maintained in a clean, rust-free, sanitary, and safe manner and kept free from trash, refuse, and debris. In addition, all wireless communications towers, antennas, and associated accessory structures and facilities shall be maintained in accordance with all applicable local, state, and federal regulations. If the Zoning Administrator concludes that a wireless communications tower, antenna(s), and associated accessory structure(s) and facility(ies) fail to comply with such codes and regulations and constitute a danger to persons or property in the vicinity, the Village Zoning Administrator shall notify the owner or operator of the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(ies) of such fact. The notice shall be in writing and shall require the owner or operator to bring the facility into compliance with such codes and regulations within a time frame set forth by the Village Zoning Administrator but not to exceed 30 days of the date of service of the notice, whichever is earlier. If the owner or operator fails to bring the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(ies) into compliance within the time provided, the Village Zoning Administrator may order the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(ies) to be removed to the extent necessary to protect persons or property in the vicinity. The cost of removing the wireless communications tower, antenna(s), and associated accessory structure(s) and facility(ies) shall be at the owner's expense.
u.
Antennas on existing towers. The attachment of a new antenna on an existing tower may be allowed to minimize adverse visual impacts associated with the proliferation and clustering of towers.
v.
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the Village Electrical Inspector.
w.
Financial guaranty and agreement for abandoned facilities removal and site restoration required. An Applicant shall provide to the Village of Greendale, as a condition of issuance of a special use permit for wireless communications towers, antennas, and associated accessory structures and facilities, an irrevocable letter of credit or cash in the amount of $20,000 to guarantee facilities removal and site restoration if the wireless communications towers, antennas, and associated accessory structures and facilities are abandoned or no longer used. The property owner shall also sign, as a condition of issuance of a special use permit, an agreement and record (with the Milwaukee County Register of Deeds) a deed restriction to remove the wireless communications tower, antenna(s), and associated accessory structure(s) and/or facility(ies) within six months of the discontinuance of their use.
x.
Certificate(s) of insurance required. No use shall be permitted until the Applicant has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect general public liability insurance covering any damages arising out of the use or operation of any devices and facilities operated in connection with such wireless communications towers, antennas, and associated accessory structures and facilities. Such insurance shall be in the minimal amount of $2,000,000 per person, $2,000,000 for each accident and $6,000,000 property damage. Said certificate or certificates of insurance shall be furnished the Zoning Administrator annually.
y.
Indemnification. The owner and operator agree to indemnify, defend, and hold harmless the Village of Greendale and its elected officials, officers, employees, agents, departments, agencies, committees, boards, and representatives from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorney fees and other costs and expenses of litigation, which may be asserted against or incurred by the Village of Greendale or for which the Village of Greendale may be held liable, which arise from the negligence, willful misconduct, or other fault of the owner and operator or their employees, agents, or subcontractors from the installation, operation, use, maintenance, repair, removal, or presence of such wireless communications towers, antennas, and associated accessory structures and facilities on any property.
z.
Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this section subject to the violations and penalties provisions of §§ 17.42 and 25.04 of this Code. Each day that the debris remains after such time constitutes a separate offense.
aa.
No assignment. The respective rights and obligations granted to the Applicant shall not be assigned to any other person or entity without the express written consent of the Village, except to any entity which controls, is controlled by, or is under common control with the Applicant, or to any partner, or to any partnership which the Applicant is general partner.
(d)
Limitations upon authority. The Village review and action in the matter shall be subject to the limitations imposed by § 66.0404(4), Wis. Stats. In the event the Applicant believes the Village has exceeded its authority in this regard, the Applicant shall notify the Village Board in writing, and the Village Board reserves the right to reconsider the matter, to ensure that applicable laws are followed.
(4)
Modifications. The construction of modifications to an existing mobile service support structure or mobile service facility shall be subject to the following requirements:
(a)
Substantial modification.
1.
Application and review process. The application and review process for a substantial modification is identical to the application and review process for a new tower, as described in § 17.3610(3)(d), above, except that the required plans should describe the proposed modifications, rather than describe the new structure.
(b)
Not substantial modifications.
1.
Application information. The Applicant shall submit a written application that describes the Applicant's basis for concluding that the modification is not substantial, and all of the following information:
2.
Completeness determination within five days. The Village Manager or Village Manager's designee will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village Manager or Village Manager's designee must notify the Applicant in writing within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete. The Applicant may resubmit as often as necessary until it is complete.
3.
Fee. Any application shall be accompanied by a fee as set from time to time by the Village Board to defray the cost of review. Costs incurred by the Village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the Applicant. Such fee shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.
4.
Determination. The Village Board shall make a decision on the application within a reasonable time, provided further that final action shall be taken within 45 days of receipt of a complete application unless the time is extended by the Applicant. Said decision shall be stated in writing and a copy made a permanent part of the Village records. If approval is not granted, the reasons therefor will be included in such record.
5.
Limitations upon authority. The Village review and action in the matter shall be subject to the limitations imposed by Wisconsin Statutes Section 66.0404(4), and such other laws as may apply which may include 47 U.S.C.A. § 1455. In the event the Applicant believes the Village has exceeded its authority in this regard, the Applicant shall notify the Village Board in writing, and the Village Board reserves the right to reconsider the matter, to ensure that applicable laws are followed.
17.37 Historic designation.
[Added by Ord. No. 719]
(1)
Purpose. Pursuant to the provisions of Chapter 23 of the Code of the Village of Greendale and for the purpose of identifying historic structures, historic sites or historic districts, the letter "H" shall be affixed and be used to identify a designated historic structure, historic site or historic district and shall be appended to the various existing zoning district classifications on zoning district maps maintained by the Village. The "H" designation shall have no effect upon the principal zoning district classification of said zoning lots.
(2)
Historic structures and historic sites. The applicable regulations of Chapter 23 shall apply to each property with the "H" designation in addition to the other applicable requirements of this chapter
(3)
Special use designation. All structures and sites in the "H" designation are hereby deemed to have their primary use and function to preserve their historic nature. All structures and sites in the "H" designation and their principal and accessory structures and uses of land, including all major internal and external alterations, improvements and modifications, as deemed major by the Plan Commission, shall be considered as special uses pursuant to the provisions of § 17.36 of this chapter.
[Added 8-7-2001 by Ord. No. 782]
17.38 Site plan.
[Added 12-21-2010 by Ord. No. 854[1]]
(1)
General.
(a)
Plan Commission to conduct site plan review. The Plan Commission shall review the site, natural resource features of the site, site intensity of use, building location, density of dwelling units, floor area, impervious surface area, existing and proposed structures, architectural plans, neighboring uses, potential impacts upon neighboring uses, use of landscaping and open space, off-street parking and loading areas, driveway locations, loading and unloading for commercial and industrial uses, highway access, traffic generation and circulation, lighting, drainage, sewerage and water systems, the proposed operation, and emergency vehicle accessibility.
(2)
Principles and standards of review. The Plan Commission will approve said site plan(s) only after determining:
(a)
Conformity of use to zoning district. The proposed use(s) conform(s) to the uses permitted as either a permitted use or special use (whichever is applicable) in the zoning district.
(b)
Dimensional requirements. The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of this chapter.
(c)
Use and design provisions. The proposed use conforms to all use and design provisions and requirements (if any) as found in this Zoning Code for the specified uses.
(d)
Relation to existing and proposed streets and highways. There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project to assure the safety and convenience of pedestrian and vehicular traffic. For arterial streets and highways not under the jurisdiction of the Village of Greendale, that the applicable highway authority has been contacted and the needed permits have been obtained and submitted to the Village for review.
(e)
Impacts on surrounding uses. The proposed on-site buildings, structures, and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress and interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking, as specified by this Zoning Code or any other codes or laws.
(f)
Natural resource features protection. Natural features of the landscape are retained to enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes, or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood.
(g)
Required landscaping and landscape bufferyards. Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape bufferyards to provide for appropriate screening, fencing, or landscaping. Where required, a landscape plan meeting the requirements set forth in § 17.39 of the Village Zoning Code has also been submitted for Plan Commission review and approval.
(h)
Provision of emergency vehicle accessibility. Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.
(i)
Building location. No building shall be permitted to be sited in a way that would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily affect the beauty and general enjoyment of existing structures on adjoining properties.
(j)
Building separation. The proposed structure(s) are located to allow for adequate light and air; ease of access and entry for vehicles, occupants, and pedestrians; and safety from fire, flood, and other safety hazards.
(k)
Location and design of loading facilities. No loading facility shall be permitted to be designed or sited in a way that would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily affect the beauty and general enjoyment of the existing structures on adjoining properties.
(l)
Consistency with the intent of the Village of Greendale Zoning Code. The site plan is consistent with the intent and purposes of the Village of Greendale Zoning Code that are to promote the public health, safety, and general welfare; to encourage the use of lands according to their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to facilitate the implementation of the Village of Greendale Comprehensive Plan or component thereof; and those other purposes and intents of this Zoning Code.
(m)
Consistency with the intent of the Village of Greendale Comprehensive Plan. The site plan is consistent with the public goals, objectives, principles, standards, policies, and design criteria set forth in the Village-adopted Comprehensive Plan or component thereof.
(3)
Applications for site plan review. The site plan(s) and related plans and data shall be submitted to the Village Director of Inspection Services who shall transmit all site plan review applications and their accompanying site plan(s) and related plans and data to the Plan Commission for its review and approval. Four full-size copies of said site plan shall be submitted with 18 copies of the site plan review application. In addition to the full-size drawings required above, 18 copies of each such drawing submitted shall also be submitted as eleven-inch-by-seventeen-inch black-and-white reduction. Site plans submitted with site plan review applications shall include the following:
(a)
Scale and name of project. Site plan drawn to a recognized engineering scale with the name of project noted.
(b)
Owner's and/or developer's name and address. Owner's and/or developer's name and address noted on the site plan.
(c)
Architect and/or engineer's name and address. Architect and/or engineer's name and address noted on the site plan.
(d)
Date. Date of site plan submittal with all dates of revision noted on the site plan.
(e)
Scale and site size. The scale of drawing and the size of the site (in square feet or acres) noted on the site plan.
(f)
Existing and proposed topography. Existing and proposed topography shown at a contour interval of not more than two feet at National Geodetic Vertical Datum of 1929 (mean sea level) noted on the site plan. A site grading plan may also be required by the Village Director of Inspection Services and/or Plan Commission.
(g)
Off-street parking spaces, loading, ingress and egress, and driveway locations of adjoining properties. The total number of off-street parking spaces, loading areas, drives, curb cuts, and vehicular ingress and egress locations to the site noted on the site plan. If the proposed development abuts an existing or planned collector or arterial street or highway, as identified in the Village of Greendale Comprehensive Plan or component thereof, all driveway locations of all adjoining properties within 200 feet of the site shall be graphically indicated and dimensioned (with distances and widths noted) on the site plan.
(h)
Type, size, and location of all structures and signs. The type, size, and location of all structures and signs with all building and sign dimensions noted on the site plan.
(i)
Building height. Height of all building(s), including both principal and accessory, expressed in both feet and stories noted on the site plan.
(j)
Existing and proposed street names. Existing and proposed street names noted on the site plan.
(k)
Existing and proposed public street rights-of-way or reservations. Existing and proposed public street rights-of-way or reservations and widths with existing or proposed center line elevations, pavement type, fire lanes, walks, curbs, gutters, culverts, etc., noted on the site plan.
(l)
Building and yard setbacks. All building and yard setback lines shall be graphically noted on the site plan.
(m)
North arrow. A North arrow noted on the site plan.
(n)
Proposed sanitary sewers storm sewers, and water mains. Existing and general location of proposed sanitary sewers, storm sewers (including direction of flow), water mains, and fire hydrants noted on the site plan. All locations for the proposed connections to such utilities shall be noted on the site plan.
(o)
Proposed stormwater management facilities. Location of any proposed stormwater management facilities, including detention/retention area(s). Stormwater calculations that justify the stormwater detention/retention area(s) shall be submitted. Said submission shall indicate how the planned stormwater drainage system meets the requirements of the Village's stormwater management plan[2] or other Village stormwater drainage policies.
(p)
Landscape plan required. Where landscaping, as required in this Zoning Code, is to be installed on the site, a landscape plan meeting the requirements set forth in § 17.39 of this Zoning Code shall be submitted with the site plan review application for Plan Commission review and approval.
(q)
Residential density. Information on the density of residential uses (net density and gross density), the number of dwelling units by type, and land areas assigned for each density type noted on the site plan.
(r)
Nonresidential uses. Information on the type and amount of ancillary and nonresidential uses in the development noted on the site plan.
(s)
General location and purpose of each building. The general location and purpose of each building proposed for the property shall be graphically noted on the site plan.
(t)
Pedestrian sidewalks and walkways. The location of pedestrian sidewalks and walkways noted on the site plan.
(u)
Schedule. A development schedule shall be submitted indicating the following:
1.
Project phasing plan required. A project phasing, or staging, plan is required indicating when various areas, open space, densities, uses, and public facilities are planned to be developed with each phase or stage. The overall design of each stage shall be shown on the plan and through supporting graphic material.
2.
Project phase dates and timing of development. The approximate dates for the beginning and completion of each development phase, or stage, shall be indicated.
3.
Land use schedule required. If different land use types are to be included in a TND Traditional Neighborhood Development Overlay District, the schedule must include the mix or uses to be built in each stage.
(v)
Architectural plans, elevations, and perspective drawings and sketches. Architectural plans, elevations, and perspective drawings and sketches illustrating the design, character, materials (all labeled with the specific material clearly indicated with a written note), and dimensions of proposed structures indicated on the plans.
(w)
Lighting plan required. A lighting plan which meets the lighting regulations set forth in § 17.40 of this Zoning Code. Said lighting plan shall indicate the location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site.
(x)
Easements. The location of all existing and proposed easements on the site, including natural resource protection and mitigation area easements, landscape easements, access easements, utility easements, and all other easements noted on the site plan.
(y)
Highway access. Copies of any letters of review or permits granted by applicable federal, state, or county regulatory agencies having jurisdiction over highway access, if applicable.
(z)
Market analysis. For a commercial use on a parcel of land greater than 30,000 square feet in area, a market analysis, prepared and signed by an independent market analyst acceptable to the Plan Commission, may be required, containing the following:
(aa)
Financial plan for project implementation to be provided. A financial plan for project implementation, acceptable to the Plan Commission, may be required.
(bb)
Project summary. A written project summary, including fiscal impact upon the Village of Greendale, operational information, building schedule, and estimate of project value and including all site improvement costs.
(cc)
Covenants and deed restrictions required. Written documentation of any proposed agreements, provisions, declarations, deed restrictions, or covenants that will govern the use, maintenance, and continued protection of the development and any of its common open space.
(dd)
Special studies may be required. Fiscal, traffic, or environmental impact studies may be required when deemed appropriate by the Plan Commission or the Village Board.
(ee)
Engineering requirements and specifications. Engineering requirements and specifications are to be in conformance with the standards set forth in the Village Land Division Ordinance[3] and other accepted engineering standards as determined by the Village Engineer.
(ff)
Additional data may be required by the Village. Additional data as may be required by the Plan Commission, Village Director of Inspection Services, Village Planner, or Village Engineer to review the site plan. Such other data may include the preparation and submittal of detailed traffic impact analyses studies performed by a transportation engineer or fiscal impact analyses studies.
(4)
Site plan review and findings.
(a)
Plan Commission review of site plans. The Plan Commission shall review the submitted plans within 60 days following their submittal.
(b)
Plan Commission approval of site plans. The Plan Commission shall not recommend to the Village Board the approval of any site plan(s) or other required plans unless they find after reviewing the site plan review application and data that the structure or use, as planned, will not violate the intents and purposes of this Zoning Code. The Plan Commission shall recommend to the Village Board the approval of said site plan(s) only after determining the proposed building or buildings will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety, and provided such proposed development meets the various intent and purpose statements set forth in this Zoning Code.
(c)
Filing of decision on site plan review. Said recommendation to the Village Board shall be filed with the Village in the form of Plan Commission meeting minutes. The development of the site shall be in substantial conformity with such approved and filed site plan.
(d)
Standards for site plan disapproval. The Plan Commission shall not disapprove, or the Plan Commission shall not recommend disapproval of, a site plan submitted pursuant to this Zoning Code except based on specific findings directed to one or more of the following:
1.
Application improper. The application is incomplete in specified particulars or contains or reveals violations of this Zoning Code or other applicable regulations that the applicant has failed or refused to supply or correct.
2.
Failure of condition precedent. The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has filed to secure approval of that application.
3.
Adverse impact. The proposed use and development will have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and substantially diminish and impair property values within the community or neighborhood and/or:
a.
Failure to meet principles and standards of review. The site plan fails to adequately meet specified principles and standards required by this Zoning Code with respect to the proposed use or development, including special use permit standards where applicable.
b.
Interference with easements or public rights-of-way. The proposed site plan interferes with easements or public rights-of-way.
c.
Interference with features. The proposed site plan unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural resource, topographical, or other physical features of the site.
d.
Adverse traffic impacts. The proposed site plan creates undue traffic congestion, or draws significant amounts of traffic through residential streets, or creates hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed, inefficient pedestrian or vehicular circulation paths on or off site. Adequate measures would not be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
e.
Inadequate bufferyards or screening. The bufferyards or screening of the site does not provide adequate shielding from or for nearby uses.
f.
Lacking amenity. The proposed structures or landscaping are unreasonably lacking amenities in relation to, or are incompatible with, nearby structures and uses.
g.
Lack of adequate open space or landscape surface ratio. For site plans submitted in connection with an application for a special use permit and/or TND Traditional Neighborhood Development Overlay District, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.
h.
Stormwater drainage or erosion problems. The proposed site plan creates unreasonable stormwater drainage or erosion problems or fails to fully and satisfactorily integrate the site into the overall existing and planned stormwater drainage system serving the Village.
i.
Burdens on utilities. The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate the site's utilities into the overall existing and planned utility systems serving the Village.
j.
Inadequate public facilities. The proposed use and development will not be served adequately by essential public facilities and services such as streets, public utilities, including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the applicant will not provide adequately for such facilities.
k.
Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as to unreasonably interfere with the use and development of neighboring property.
l.
Destruction of significant features. The proposed use and development will result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
m.
Other adverse effects. The proposed site plan otherwise adversely affects the public health, safety, or general welfare.
(e)
Effect of site plan approval. Approval of a site plan by the Village Board shall not authorize the establishment or extension of any 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 permits or approvals that may be required by the codes and ordinances of the Village, including, but not limited to, a zoning permit, special use permit, building permit, or occupancy permit.
(f)
Limitations on site plan approval. Except in the case of an approved TND Traditional Neighborhood Development Overlay District and subject to an extension of time that may be granted by the Village Board in six-month increments but for no longer than one additional year, no site plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit, special use permit, or occupancy permit is issued and a use commences within that period.
(g)
Substantial conformity with approved site plan required. The development of the site shall be in substantial conformity with filed and Village-Board-approved site plans.
(h)
Adjustments to site plan during development. Adjustments to the site plan during development shall be considered as either minor adjustments or major adjustments based upon the following:
1.
Minor adjustments. During the development of the site, the Village Director of Inspection Services may authorize minor adjustments to a site plan approved by the Village Board when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development.
a.
Such minor adjustments shall be limited to the following:
1)
Altering locations of structures. Altering the location of any one structure or group of structures by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.
2)
Circulation. Altering the location of any circulation element by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such circulation elements and any structure, whichever is less.
3)
Open space. Altering the location of any open space by not more than 20 feet with no overall reduction in the open space area provided.
4)
Landscaping. Altering the location or type (but not size or number) of landscaping elements.
b.
Such minor adjustments shall be consistent with the intent and purpose of this Zoning Code and the site plan as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this Zoning Code.
2.
Major adjustments. Any adjustment to a site plan previously approved by the Village Board that is not specifically authorized by the preceding Subsection 4(h)1 shall be considered a major adjustment and shall be granted only upon the approval of the Village Board after recommendation by the Plan Commission.
(i)
Amendments to the site plan following completion of development. After a site is developed according to an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations set forth in this Zoning Code, as amended, and as provided for original approval of site plans.
(j)
Conditions may be placed on site plan approval.
1.
The Plan Commission or Village Board (as applicable) may impose such conditions and limitations concerning the principles and standards of site plan review set forth in this section, as well as to other matters relating to the purposes and objectives of this Zoning Code upon the premises benefitted by a site plan approval as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and service; provided, however, that such conditions shall not be used as a device to grant a site plan approval for a use intended to be temporary in nature.
2.
Such conditions and limitations imposed by the Plan Commission or Village Board (as applicable) shall be clearly and permanently set forth in the applicable minutes of the Plan Commission or Village Board meeting at which such approval was granted. The Plan Commission or Village Board (as applicable) may require that such conditions also be permanently marked on the approved site plan.
3.
Violations of any such condition or limitation shall be a violation of this Zoning Code and shall constitute grounds for revocation of the site plan approval.
17.39 Landscape plan.
[Added 12-21-2010 by Ord. No. 854]
General. A landscape plan shall be prepared, and related plans and data shall be submitted to the Village Director of Inspection Services who shall transmit all landscape plan review applications and their accompanying landscape plan(s) and related plans and data to the Plan Commission for its review and Village Board approval. Four full-size copies of said landscape plan shall be submitted with 18 copies of the landscape plan review application. In addition to the full-size drawings required above, 18 copies of each such drawing submitted shall also be submitted as an eleven-inch-by-seventeen-inch black-and-white reduction. Landscape plan(s) submitted with landscape plan review applications shall include and show the following:
(1)
Proposed name. The proposed name of the development.
(2)
Location. The location of the proposed development.
(3)
Names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer. The names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the registered landscape architect who prepared the plan.
(4)
Date. Date of the landscape plan submittal and all applicable revision dates.
(5)
Site boundary. The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.
(6)
Landscape bufferyard easements and natural resource mitigation areas. All proposed landscape bufferyard easements and/or areas of natural resource mitigation clearly delineated and dimensioned and graphically shown in relation to all proposed lot lines and lots upon which said landscape bufferyard easements or mitigation areas are located.
(7)
Location, extent, type, and size of existing trees and natural resource features.
(a)
Location, extent, type (common name and scientific name for plant materials), and size of all existing trees and natural resource features in all areas of the proposed development designated as a landscape bufferyard easement and/or mitigation area.
(b)
If any existing vegetation or other natural resource features are to be demolished or mitigated, the extent of such demolition or area to be mitigated shall be properly delineated and so noted on the landscape plan.
(8)
Location, extent, type, and size of proposed landscape materials and plantings.
(a)
Location, extent, type (common name and scientific name for plant materials), and size of proposed landscaping and landscape plantings in all areas of the proposed development, including areas designated as a landscape bufferyard easement and/or for areas that are to serve as landscaped entrances or other special landscaped features of the development.
(b)
A summary table affixed to the landscape plan shall be submitted indicating all types, numbers, and sizes of all plant materials proposed to be used shall be indicated.
(9)
Landscape plant material specifications.
(a)
All new landscape plant materials shall be grown in a nursery located in Plant Hardiness Zone 4 (as defined by the U.S. Department of Agriculture).
(b)
All new landscape plant material shall conform to the applicable requirements as specified in the current edition of American Standard for Nursery Stock as approved by the American National Standards Institute, Inc., and sponsored by the American Association of Nurserymen, Inc.
(c)
Botanical plant names of plant materials shall be according to the current edition of Standardized Plant Names prepared by the American Joint Committee on Horticultural Nomenclature.
(10)
Natural resource features mitigation plan required. If any natural resource feature is to be mitigated, either on site or off site, the plan for such mitigation in adequate detail, as required by the Plan Commission, shall be submitted with the landscape plan.
(11)
Registered landscape architect to prepare landscape plans required. All landscape plans shall be prepared by a Wisconsin registered landscape architect.
(12)
Maintenance. Areas of a development designated as landscape easement areas shall be maintained by the property owner and kept free of all debris, rubbish, weeds, and tall grass.
(13)
Limitations on landscape plan approval. Except in the case of an approved TND Traditional Neighborhood Development Overlay District and subject to an extension of time that may be granted by the Village Board in six-month increments (but for no longer than one additional year), no landscape plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit, special use permit, or occupancy permit is issued and a use commences within that period.
17.40 Lighting plan.
[Added 12-21-2010 by Ord. No. 854]
(1)
General. A lighting plan shall be prepared, and related plans and data shall be submitted to the Village Director of Inspection Services who shall transmit all lighting plan review applications and their accompanying lighting plan(s) and related plans and data to the Plan Commission for its review and Village Board approval. Four full-size copies of said lighting plan [See Subsection (1)(c) below.] shall be submitted with 18 copies of the lighting plan review application and all product specifications set forth in Subsection (1)(a) and (b) below. In addition to the full-size drawings required above, 18 copies of each such drawing submitted set forth in Subsection (1)(c), below shall also be submitted as an eleven-inch-by-seventeen-inch black-and-white reduction. Lighting plan(s) submitted with lighting plan review applications shall include and show the following elements:
(a)
A catalog page, cut sheet, or photograph of the luminaire, including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cutoff angles.
(b)
A photometric data test report of the proposed luminaire graphically showing the lighting distribution in all angles vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting and/or installation height in feet, the overall illumination levels (in footcandles) and lighting uniformities on the site, and the illumination levels (in footcandles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels.
(d)
Exterior lighting shall be limited to total cutoff-type luminaires (with angle greater than 90°). The maximum permitted illumination, as measured at the property line, shall be:
1.
One-half footcandle, as measured from surrounding grade to the bottom of the luminaire, in single-family detached and two-family attached dwelling unit developments.
2.
One footcandle, as measured from surrounding grade to the bottom of the luminaire, in townhouse and multiple-family dwelling uses and developments. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
3.
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for commercial (business) uses in business zoning districts. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
4.
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for commercial office uses in nonresidential zoning districts. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
5.
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for institutional uses in nonresidential zoning districts. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
6.
Two footcandles, as measured from surrounding grade to the bottom of the luminaire, for industrial uses. Higher footcandle levels may be allowed by the Village Board with Plan Commission recommendation at the property line to accommodate vehicular driveway entrances to the property.
7.
The maximum number of footcandles, as measured from surrounding grade to the bottom of the luminaire, allowed shall be determined by the Village Board with Plan Commission recommendation at the time of lighting plan review based upon local conditions and taking into account potential impacts on the surrounding neighborhood area. (Note: These standards do not address illumination levels which may be required by the Village of Greendale for the adequate lighting of public street rights-of-way or other public areas. It represents maximum illumination levels on private property.)
(2)
Measurement. For the purposes of this section, light shall be measured as follows:
(a)
Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall be read within an accuracy of plus or minus 5%. The meter shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within 30 days of its use.
(b)
Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position at the interior line of the bufferyard or at the property line, as required herein. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. In order to eliminate the effects of moonlight and other ambient light, measurements shall be made after dark with the light source in question on, then with the same source off. The differences between the two readings shall be compared to the maximum permitted illumination allowed under this subsection.
17.41 Fees and costs.
[Amended by Ord. No. 719; 4-17-2001 by Ord. No. 779]
(1)
An application for a variation, appeal, amendment or special use permit shall be filed with and accompanied by a fee payable to the Village Clerk-Treasurer as set by the Village Board.
[Amended 5-20-2008 by Ord. No. 840]
(2)
Where the actual costs required for publication exceed the fees, the applicant shall reimburse the Village for the additional costs thereof.
(3)
In all instances, an additional charge of 10% of the total fee shall be paid by the applicant to defray administrative costs.
17.42 Violations and penalties.
[Amended by Ord. No. 570; Ord. No. 719; 5-20-2008 by Ord. No. 840]
(1)
(Reserved)
(2)
If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the proper authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.