Hales Corners City Zoning Code
ARTICLE II
General Provisions
§ 445-2.1 Jurisdiction and general provisions.
A.
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Hales Corners.
B.
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C.
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
D.
One main building per lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot, except as may be approved by the Plan Commission.
§ 445-2.2 Use regulations.
[Amended 2-10-2025 by Ord. No. 25-01]
Only the following uses and their essential services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified for a district.
(1)
B-1, B-2, B-3, B-4, M-1, and P-1 uses are permitted only after a site plan/building plans are approved by the Plan Commission, to certify that such a site, building and use comply with the provisions of this Zoning Code. This shall apply to all building construction and all improvements and/or expansions and/or all changes of use or expansion of parking areas. Excepted from this requirement are minor repairs, interior revisions, exterior changes that do not require aesthetic or square footage revisions and normal maintenance. In considering the application, the Plan Commission shall take into account the basic intent of this chapter to ensure aesthetically pleasing, efficient and appropriate development of land in the community and ensure that every reasonable step has been taken to avoid depreciating effects on surrounding property values.
B.
Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
C.
Conditional uses. Provisions applicable to conditional uses:
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article VIII of this chapter excepting those existing at time of adoption of this chapter.
(2)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s), shall require review, public hearing and approval by the Plan Commission in accordance with Article VIII of this chapter.
(3)
Conditional uses authorized by Plan Commission resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
D.
Uses not specified in code.
(1)
Uses not specified in this chapter which are found by the Plan Commission to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
E.
Uses not permitted. Sale, gift, transfer or any other conveyance of cigarettes, electronic vaping devices, or nicotine or tobacco products uses are not permitted as a permitted use, conditional use, accessory use or any other allowable use. Such uses existing upon the effective date of this Subsection E,[1] shall remain in effect as legal nonconforming uses, subject to the laws applicable thereto.
§ 445-2.3 Site regulations.
A.
Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located.
B.
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The Plan Commission may permit more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel or when a condominium is planned. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
C.
Dedicated street. Building permits shall only be issued for a lot which abuts a public street dedicated to its proposed width.
D.
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Plan Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of this subsection, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.
E.
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion. Retaining walls may be permitted on a site-specific basis as allowed by the Director of Public Works.
F.
Decks. For purposes of this chapter, decks and porches, when covered by a roof and/or elevated 24 inches or more from grade, shall be considered a part of a building or structure.
G.
Service station and public parking lot locations. No service station, mechanical garage or public parking lot shall be erected, operated or maintained where an entrance or exit for motor cars is located on the same side of the street within 200 feet of a pedestrian entrance or exit from a public or private school, park, parkway, playground, public library, church, hospital, home for children or the aged or other public or semipublic institution.
H.
Transmission lines; railroads. No high-tension steel tower transmission lines, railroads or railways shall be constructed on rights-of-way acquired after December 10, 1956, unless authorization therefor is obtained from the Plan Commission.
I.
Corner lots. Specific setbacks for corner lots shall conform to the requirements of each particular use district wherever possible. Where specific setbacks as therein defined are impossible, no building shall be erected, altered or moved so as to be nearer the street line on the long side of the lot than 1/5 of the width of the lot or so as to be nearer the street line on the short side of the lot than the front setback requirement for such street in the particular use district.
J.
Vehicular circulation between adjacent properties. The provision for circulation between adjacent nonresidential uses, lots, and parcels shall be provided through coordinated land access drives and access easements and/or jointly used off-street parking lots as may be required by the Plan Commission in the B-1, B-2, B-3, and B-4 Districts.
[Added 11-28-2005 by Ord. No. 05-18]
K.
Prohibition of long-term truck parking unless screened from view. In all zoning districts:
[Added 11-28-2005 by Ord. No. 05-18]
(1)
No truck, trailer, or commercial vehicle of any kind shall be permitted to be parked on the property for a period of more than 24 hours unless said vehicle is temporarily present for the purpose of loading or unloading. No truck, trailer, or commercial vehicle shall be parked overnight, except within screened enclosures.
(2)
Trucks, trailers, or commercial vehicles of any kind shall be permitted to be parked on the property for a period of more than 24 hours if said trucks, trailers, or commercial vehicles are located within areas screened from view of any public street right-of-way, public park or public open space area, and from the view from all residential zoning districts. The screening of all such areas shall consist of the following:
(a)
Solid walls or solid fences of at least the height of the trucks, trailers, or commercial vehicles proposed to be screened, as approved by the Plan Commission. In addition, all such areas shall provide a contiguous landscape buffer yard with a minimum width of 15 feet. The following minimum number, types, and sizes of plant materials shall be provided per 100 linear feet of landscape buffer yard length and fraction thereof. Fractional plants resulting from this computation of required plant materials shall be rounded to the next whole number. Preserved existing plants shall be credited towards these requirements on a one-for-one basis based upon plant type.
Type of Plants Required | Minimum Quantity Required Per 100 Feet of Buffer Yard Length | Minimum Size Required at Time of Installation |
|---|---|---|
Canopy/shade trees | 2 | 3-inch caliper |
Understory trees | 3 | 2-inch caliper |
Evergreen trees | 3 | 6 feet tall |
Shrubs | 14 | 2 feet tall |
(b)
Walls, fencing, and landscaping for screening shall be maintained in good condition and kept litter-free.
(c)
Required landscape plant material types for the above-required landscape buffer yard may be substituted for other types based upon the following:
Required Plant Material Type | Acceptable Substitutions |
|---|---|
1 canopy tree, single stem or multistem clump | 2 understory trees 2-inch caliper each; or 2 coniferous trees 6 feet in height each; or 1 understory tree 2-inch caliper each; plus 1 coniferous tree 6 feet in height each |
1 coniferous tree | 1 understory tree 1.5-inch caliper each |
1 understory tree | 1 coniferous tree 6 feet in height each |
1 shrub | 1 understory tree 1.5-inch caliper each; or 1 coniferous tree 4 feet in height each |
L.
Outdoor trash dumpster and garbage receptacles (trash and garbage storage). The following requirements shall be met for all outdoor trash dumpsters and garbage receptacles located in the R-4, B-1, B-2, B-3, B-4, M-1, and P-1 Districts:
[Added 11-28-2005 by Ord. No. 05-18]
(1)
Trash dumpster and garbage receptacle enclosures required. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids and shall be concealed or suitably screened from public view. Where such facilities are provided outside a building, they shall be screened by an enclosure consisting of sight-proof fencing (wood or masonry) and/or coniferous landscaping materials of an adequate height (at the time of installation) to totally screen the trash storage areas from view from public rights-of-way and adjacent property.
(2)
Trash dumpster and garbage receptacle maintenance required. Fencing and landscaping for such areas shall be maintained in good condition and kept litter-free. All garbage cans, trash containers, and other garbage storage devices shall be emptied and the contents thereof properly disposed of not less than once every seven days.
(3)
Unenclosed storage of trash or waste prohibited. No portion of the lot shall be used for open or unenclosed storage of trash or waste of any kind.
(4)
Trash dumpster and garbage receptacle location in off-street parking space or drive prohibited. No trash dumpster or other trash or waste receptacle shall be permitted in any off-street parking space or drive.
(5)
Paved slab required. All trash dumpsters and garbage receptacles shall be placed upon a paved slab.
(6)
Adequate size to accommodate recycling materials. All trash dumpster and garbage receptacle areas shall be of an adequate size to accommodate the storage of materials to be recycled.
(7)
Building permit required for the construction of garbage, trash, waste, and dumpster enclosures. A building permit shall be required for the construction of any garbage, trash, waste, or dumpster enclosure.
(8)
Materials of enclosures. All outdoor trash dumpster and garbage receptacle enclosures shall be constructed of masonry materials of a type and color which match the building to which they are accessory.
(9)
Maximum height of enclosure. All outdoor trash dumpster and garbage receptacle enclosures shall be of a height necessary to completely visually screen the outdoor trash dumpsters and garbage receptacles which they enclose. In no case, however, shall such enclosures be higher than eight feet nor less than six feet in height.
M.
Exterior lighting standards. The following requirements shall be met for all exterior lighting located in the B-1, B-2, B-3, B-4, M-1, and P-1 Districts:
[Added 11-28-2005 by Ord. No. 05-18]
(1)
Exterior lighting limited to total-cutoff-type luminaires (with angle greater than 90°). The maximum permitted illumination shall be two footcandles as measured at the property line and may be as high as five footcandles at illuminated entryways from public street rights-of-way to the off-street parking lot as measured at the right-of-way line.
(2)
Maximum permitted luminaire height. The maximum permitted luminaire height shall be 28 feet as measured from surrounding grade to the bottom of the luminaire, except that said height shall be reduced to a maximum height of 15 feet when said luminaire is placed within 50 feet of a residential zoning district. (Note: This standard does not address illumination levels or fixture height which may be required by the Village of Hales Corners for the adequate lighting of public street rights-of-way. It represents maximum illumination levels on private property.)
(3)
Light measurement. For the purposes of this subsection, 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 buffer yard 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.
N.
Building design requirements. The following standards and requirements for architectural review are used by the Plan Commission in its review of the architecture for proposed new buildings and building expansions located in the B-1, B-2, B-3, and B-4 Districts. These standards are also intended to be a design aid for builders and owners to use in the preparation of architectural plans. A building permit shall not be issued for any building which does not meet the requirements of this subsection. To implement this subsection, the following architectural review standards and requirements are hereby established and shall be met:
[Added 11-28-2005 by Ord. No. 05-18]
(1)
Exterior building materials and material compatibility.
(a)
No less than 70% of any building facade elevation (excluding window areas) shall be clad with full-size masonry units or natural stone.
(b)
All sides of the exterior of buildings shall be of compatible materials with equal design consideration and consistent architectural detailing of the building facades. No building shall be permitted where any exposed building facade is constructed or faced with a finished material which is aesthetically incompatible with other building facades in the area or which presents an unattractive appearance to the public and surrounding properties.
(c)
Building elevations clad with a singular exterior surface material shall provide some additional architectural design element(s) to break up the plane of the wall. This may be done by the addition of window(s), gable end wall treatments, siding design and accent panels, or other architectural design treatments consistent with the principal building design.
(2)
Prohibited exterior building materials. The use of the following building materials shall be prohibited on the exterior facades of buildings:
(a)
Plain concrete.
(b)
Plain concrete block.
(c)
Metal siding.
(d)
Corrugated metal building skins.
(e)
Plywood and wood panel composite siding.
(f)
Vinyl and fiber cement siding.
(g)
Reflective glass which may pose a safety hazard or nuisance due to glare.
(h)
More than 30% of any building facade (excluding window areas) clad with exterior insulation and finish system (EIFS) materials.
(3)
Building colors.
(a)
Since the selection of building colors has a significant aesthetic and visual impact upon the public and neighboring properties, color shall be selected in general harmony with the other colors used on the building as well as the existing area or neighborhood buildings.
(b)
Building colors shall be nonreflective, neutral, or earth tones. The use of high-intensity colors, metallic colors, or fluorescent colors on building facade elevations shall be prohibited. Building trim and architectural accent features may be brighter colors, but such colors shall not be metallic or fluorescent, and shall not be specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on sign face and sign copy areas only.
(4)
Related building elements. Downspouts, roof ladders, and related elements shall be designed to be compatible with building architecture and shall function to avoid staining the building facades. These various elements shall be painted in order to blend with the building's architecture and complement the color scheme of the building's trim and detail.
(5)
Rear service doors. Rear service doors may be solid doors but shall be compatible in door style with the main entrance doors of the building. In addition, such rear service doors shall also complement the architecture of the building and contribute to its overall visual appearance.
(6)
Meters and valves. All utility meters, gas valves, etc., are to be painted in a color which blends with the architecture and color of the building.
(7)
Building rooftop equipment. All rooftop equipment, antennas, and similar protrusions shall not be visible to a person standing on the ground in an area the public frequents. Parapet walls, individual screens, or building elements shall be used to completely screen these elements from view. Individual screens shall relate to the building's style of architecture and (when located on the ground) be landscaped appropriately as determined by the Plan Commission. Solar collectors shall only be permitted at locations on structures as are approved by the Plan Commission. Additional screening of building rooftop equipment may be required by the Plan Commission due to the proximity of multistory buildings.
(8)
Mechanical penthouses or accessory buildings. Where mechanical penthouses are installed, they shall be designed to blend into the building's architecture and shall not cause the building's total height to exceed the maximum height allowed.
(9)
Waiver of standards. The Plan Commission may waive any of the above building design standards by a three-fourths vote of Plan Commission members in attendance, but only if supplemental design elements or improvements are incorporated into the project which compensate for the waiver of the particular standard.
§ 445-2.4 Height and area exceptions.
A.
Height. The district height limitation stipulated elsewhere in this chapter may be exceeded, but such modifications shall be in accord with the following:
(1)
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes and flues, are exempt from the height limitations of this chapter.
(2)
Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, smokestacks and flagpoles, are exempt from the height limitations of this chapter.
(3)
Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.
(4)
Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line. No structure or tower shall be erected closer than 30 feet to any property line.
[Amended 12-22-1997 by Ord. No. 97-11]
(5)
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
B.
Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1)
Uncovered stairs, landings and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.
(2)
Architectural projections, such as flues, sills, eaves, belt courses and ornaments, may project into any required yard; provided, however, that none of the aforesaid projections shall project into the minimum side yard more than 1/3 of the width of such side yard and in no case more than 36 inches.
(3)
Essential services, utilities and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Landscaping and vegetation are exempt from the yard requirements of this chapter, with the exception that any landscaping or vegetation shall be subject to the restrictions in § 445-10.1.
(5)
Required street yards may be decreased to the average of the existing street yards of the abutting structures on each side but in no case less than 15 feet.
C.
Uses. The following uses shall be permitted in any district, provided that such uses do not alter the character of the premises in respect to their use for the purpose permitted in such respective district:
D.
Lots of record. Any such lot shown upon a recorded subdivision or any lot for which a deed is of record in the office of the Register of Deeds of Milwaukee County as of December 10, 1956, may be used as a building site, subject to the required setbacks and other regulations for the district in which the lot is located.
[Added 4-24-2006 by Ord. No. 06-07]
§ 445-2.5 Reduction or joint use.
No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
§ 445-2.6 Screens and buffers.
A.
Required screens and buffers. Where screens or buffers are required by this chapter or are required as a condition by the Plan Commission to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed. Buffer yards and screens may be required jointly or separately.
B.
Buffer yards. "Buffer yards" are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of a required buffer yard shall be determined by the Plan Commission. The minimum width shall be 10 feet.
C.
Screens. "Screens" are barriers located in a limited space (10 feet or fewer) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a year-round screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.
§ 445-2.7 Automobile service stations requirements.
A.
No gasoline in excess of 50 gallons shall be stored in tanks or containers above the ground, unless specifically permitted by the Plan Commission.
B.
The building height shall not exceed 25 feet.
C.
No gasoline pumps shall be located closer than 20 feet (measured from the center line of said pumps) to the nearest lot line or an established street or highway where the width of such street or highway has been established pursuant to § 66.1031, Wis. Stats. On a corner lot when a gasoline pump or series of pumps is placed in a pump island parallel to the lot line or at an angle to the lot line, the end pump nearest to the street shall be located no closer than 30 feet (measured along the axis of said pump island) to the street line of said street.
D.
There shall be no storage or display of items which would detract from the aesthetic appearance, such as, but not limited to, used tires, storage drums, replaced mufflers, used car parts, etc.
E.
No automotive or vehicle repairs shall be permitted unless they are conducted within the building.
F.
Advertising displays shall only be related to the business conducted on the premises.
G.
The premises shall not be used in the used car business.
H.
Wrecked vehicles shall not remain on the premises for a period in excess of 24 hours.
I.
All illuminations shall be so shielded or directed that they will not unduly interfere with neighboring residential property used for residential purposes.
J.
No such station shall be erected, operated or maintained where an entrance or exit for motor cars is located on the same side of the street within 200 feet of a pedestrian entrance or exit from a public or private school, park, parkway, playground, public library, church, hospital, home for children or the aged or other public or semipublic institution.
§ 445-2.8 Historical preservation.
[Amended 9-13-1999 by Ord. No. 99-07]
A.
Purpose and intent. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation, and use of improvements or sites of special character or special architectural, archaeological, or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the people. The purpose of this section is to:
(1)
Effect and accomplish the protection, enhancement, and preservation of such improvements, sites, and districts which represent or reflect elements of the cultural, social, economic, political, and architectural history of the Village.
(2)
Safeguard the Village's historic, prehistoric, and cultural heritage, as embodied or reflected in such historic structures, sites, and districts.
(3)
Stabilize and improve property values and enhance the visual and aesthetic character of the Village.
(4)
Protect and enhance the Village's attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry.
B. CERTIFICATE OF APPROPRIATENESS COMMISSION HISTORIC DISTRICT HISTORIC SITE HISTORIC STRUCTURE IMPROVEMENT
Definitions. The definitions shall be as follows:
The certificate issued by the Village Board upon recommendation of the Commission, approving alteration, rehabilitation, construction, reconstruction, or demolition of an historic structure, historic site, or any improvement in an historic district.
The Historic Preservation Commission created under this section.
An area designated by the Village Board on recommendation of the Commission that contains two or more historic improvements or sites.
Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which an historic event has occurred, and which has been designated as an historic site under this section, or an improvement parcel or part thereof on which is situated an historic structure and any abutting improvement parcel or part thereof used as and constituting part of the premises on which the historic structure is situated.
Any improvement which has special character or special historic interest or value as part of the development, heritage, or cultural characteristics of the Village, state, or nation and which has been designated as an historic structure pursuant to the provisions of this chapter.
Any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs, and the like.
C.
Historic Preservation Commission composition. An Historic Preservation Commission is hereby created, consisting of seven members. Of the membership, if reasonably available in the community, one shall be a registered architect, one shall be an historian, one shall be a licensed real estate broker, one shall be a Village Trustee, and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The Village President shall appoint the Commissioners subject to confirmation by the Village Board. Commissioners shall serve staggered two-year terms expiring April 30. The Village Trustee shall be appointed to an annual term at the Village Board organizational meeting in April. With regard to appointments hereunder, should the Village President fail to make any such appointment and file the same, in writing, with the Village Administrator no later than 60 days from the date of expiration of the term of the position to be filled, or within any subsequent sixty-day period following a Village Board action denying or failing to approve a Village President appointment confirmation timely made by the Village President under this subsection, the authority to select and appoint thereafter shall be with the Village Board. The tenure and authority of each member appointed under this subsection and all powers and duties arising from such appointment shall terminate automatically, if not previously terminated, upon the expiration of 60 days after the expiration of the specified chronological time limit of such appointment term, regardless of the lack of appointment of a successor, and no such appointee shall thereafter have any of the power, authority, or duties of a member, de facto, holdover, or otherwise.
[Amended 3-13-2000 by Ord. No. 00-06; 11-9-2015 by Ord. No. 15-12]
D.
Historic structure, historic site, and historic district designation criteria.
(1)
For purposes of this section, an historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement, or structure located thereon, or any area of particular historic, architectural, archaeological, or cultural significance to the Village, such as historic structures, sites, or districts which:
(a)
Exemplify or reflect the broad cultural, political, economic, or social history of the nation, state, or community;
(b)
Are identified with historic personages or with important events in national, state, or local history;
(c)
Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship;
(d)
Are representative of the notable work of a master builder, designer, or architect who influenced his or her age; or
(e)
Have yielded or may be likely to yield information important to prehistory or history.
(2)
The Commission shall adopt specific operating guidelines for historic structure, historic site, and historic district designation, provided such are in conformance with the provisions of this section, which guidelines shall be in effect upon approval by the Village Board and the filing of a copy thereof in the office of the Village Clerk.
E.
Powers and duties.
(1)
Designation. The Commission shall have the power, subject to Subsection F, to recommend the designation of historic structures, historic sites, and historic districts within the Village limits. Such designations shall be made based upon the criteria set forth under Subsection D of this section. Historic structures, sites, and districts shall be approved as so designated by the Village Board. Once designated, such historic structures, sites, and districts shall be subject to all the provisions of this section.
(2)
Regulation of construction, reconstruction, alteration, and demolition.
(a)
No person or entity and no person or entity owning or in charge of an historic structure, historic site, or structure within an historic district shall reconstruct, alter, or demolish all or any part of the exterior of such property or construct any improvements upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the Historic Preservation Commission. Also, unless such certificate has been granted by the Commission, the Building Inspector shall not issue a permit for any such work.
(b)
Upon filing of any application for a certificate of appropriateness with the Commission, the Commission shall approve the application unless:
[1]
In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy, or adversely affect any exterior feature of the improvement or site upon which said work is to be done;
[2]
In the case of the construction of a new improvement upon an historic site or within an historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district;
[3]
In the case of any property located in an historic district, the proposed construction, reconstruction, exterior alteration, or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district;
[4]
The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the Village and state; or
[5]
In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.
(c)
If the Commission determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the certificate of appropriateness. The Commission shall make this decision within 45 days of the filing of the application.
(d)
The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the Village. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.
(e)
Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of an historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.
(3)
Appeals. Should the Commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Village Board within 30 days of the date of such decision. In addition, if the Commission fails to issue a certificate of appropriateness, the Commission shall, with the cooperation of the applicant, reasonably work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this section.
(4)
Recognition of historic structures, sites, and districts. At such time as an historic structure, site, or district has been properly designated, the Commission and Village Board, in cooperation with the property owner, may cause to be prepared and erected on such property, at Village expense, a suitable plaque declaring that such property is an historic structure, site, or district.
F.
Designation of historic structures, historic sites, and historic districts.
(1)
Historic structures and sites.
(a)
The Commission may, upon receipt of an application by itself, the Village Board, or any other interested person or entity, after written notice by mail to affected property owners as set forth below, recommend the designation of historic structures and historic sites, or recommend to rescind such prior designation, after consideration of the criteria in Subsection D above. At least 10 days prior to such action, the Commission shall notify the owners of record, as listed in the office of the Village Assessor, who are owners of property in whole or in part within the boundaries of the property affected.
(b)
The Commission may, in addition to the notified persons, hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The Commission may conduct an independent investigation into the proposed designation or rescission.
(c)
Upon receipt of a recommendation from the Commission, the Village Board shall hold a public hearing upon the application. Notice of the hearing shall be made pursuant to Subsection F(1)(a) above 10 days prior to the hearing. Following the hearing, the Village Board may approve, deny, or modify the Commission's recommendation, considering the criteria set forth under Subsection D above. After the designation or rescission has been made by the Village Board, notification shall be sent to the property owner or owners. Notification shall also be given to the Building Inspector, Plan Commission, Assessor, and Village Administrator. The Village Board shall cause the designation or rescission to be recorded, at Village expense, in the office of the Milwaukee County Register of Deeds.
(2)
Historic districts.
(a)
For preservation purposes, the Historic Preservation Commission shall recommend the selection of geographically defined areas within the Village to be designated as historic districts and shall prepare an historic preservation plan for each area. An historic district may be designated for any geographical area of particular historic, architectural, or cultural significance to the Village, after application of the criteria in Subsection D above. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives. All designations and plans under this subsection shall be subject to the approval of the Village Board.
(b)
The Village Board shall hold a public hearing when considering the plan for an historic district as recommended by the Commission. Notice of the time, place, and purpose of the public hearing shall be sent by the Village Clerk to members of the Commission and the owners of record as listed in the office of the Village Assessor who are owners of the property within the proposed historic district or situated in whole or in part within 200 feet of the boundaries of the proposed historic district. Said notice is to be sent at least 10 days prior to the date of the public hearing. Following the public hearing, the Village Board shall vote to approve, deny, or modify the plan. After the designation has been made by the Village Board, notification shall be sent to the property owner or owners. Notification shall also be given to the Building Inspector, Plan Commission, Assessor, and Village Administrator. The Village Board shall cause the designation to be recorded at Village expense in the office of the Milwaukee County Register of Deeds.
G.
Interim control. No building permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated historic structure or historic site or any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Commission at which a nomination by application form is first presented until the final disposition of the nomination by the Village Board, unless such alteration, removal, or demolition is authorized by formal resolution of the Village Board as necessary for public health, welfare, or safety. In no event shall the delay be for more than 180 days.
H.
Penalties for violations. Any person or entity violating any provision of this section shall be fined $50 for each separate violation. Each and every day during which a violation continues shall be deemed a separate offense. Notice of violations shall be issued by the Building Inspector.
§ 445-2.9 Home occupations.
A.
Intent. The intent of this section is to provide a means to accommodate a small family business in a residential district without the necessity of a rezone into a business district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.
B.
Definitions. See the definitions of "home occupation" and "professional office" in § 445-18.1 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Occupations prohibited. Notwithstanding the forgoing Subsection B, the following home occupations and residential professional offices are prohibited:
(1)
Any occupation or office which promotes or requires customers or clients to visit the residential property on a continuous or congregate basis, whereby the number of pedestrian or vehicular visits or persons per visit tends to unreasonably disturb or disrupt the peace and quiet of the residential neighborhood and surrounding properties.
(2)
Any occupation or office which promotes or requires employees to visit or work at the residential property or to be dispatched from said residential property.
(3)
Any occupation which creates loud or obnoxious noise or odors or unreasonable glare of illumination.
(4)
Any occupation or office which generates unusual numbers of deliveries or pickups by parcel carriers, whereby the number of deliveries or pickups tends to unreasonably disturb or disrupt the peace and quiet of the residential neighborhood and surrounding properties.
(5)
Any occupation involving vehicle mechanical repair, body work or painting.
E.
Requirements. All home occupations and residential professional offices not prohibited under this section shall be subject to the following additional requirements:
(1)
The home occupation or office must be located within the principal dwelling unit.
(2)
Only one motor vehicle (auto, truck, or van) per residential dwelling unit, utilized in the operation of a home occupation or residential professional office, may be parked or stored upon residential property. Vehicles with a gross weight of more than 8,000 pounds or a wheel base greater than 129 inches are prohibited for any home occupation or residential professional office use. Trailers used in the operation of a home occupation or residential office shall not be parked outside on any residential property.
(3)
No waste materials or debris arising from a home occupation or residential professional office use is to be brought to or stored upon any residential property.
(4)
One nonilluminated sign (identification plate) of not more than 1 1/2 square feet in area is permitted. Said sign shall state only the name or profession of the home occupation or office and is to be used for identification purposes only. Said identification plate must be placed at least three feet back of the front property line.
§ 445-2.10 Landscaping.
[Added 5-14-2001 by Ord. No. 01-05]
A.
Intent. The general intent and purposes of this section are to preserve existing trees and vegetation and to establish and maintain new landscaping in the Village to control soil erosion and water pollution, abate air pollution, moderate climate, conserve energy, buffer noise, protect wildlife and ecosystems, preserve historic features, provide visual and aesthetic value, protect and enhance property values, and preserve and reinforce the historic park setting of the community.
B.
Landscape plan submittal. A landscape plan shall be submitted for all development for which an application is required for a site plan under § 445-2.2A(1), Article VIII, Conditional Uses, and Article IV, PUD Planned Unit Development Overlay District. The Plan Commission shall review all landscape plans and may approve, modify or deny any landscape plan application, considering the intent, purposes and provisions of this section. Landscape plan approval and implementation is a required condition for any development for which a landscape plan must be submitted.
C.
Tree preservation.
(1) DIAMETER AT BREAST HEIGHT (DBH) SPECIMEN TREES(a)
(b) VILLAGE FORESTER WOODLANDS
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Tree diameter measured in inches at a height of 4.5 feet above the ground.
Are as follows:
Botanical Name | Common Name | Minimum DBH (inches) |
|---|---|---|
Acer rubrum | Red maple | 10 |
Acer saccharum | Sugar maple | 12 |
Amelanchier | All serviceberry | 6 |
Betula alleghaniensis | Yellow birch | 8 |
Betula nigra | River birch | 10 |
Carya species | All hickory | 12 |
Celtis species | All hackberry | 12 |
Fagus species | All beech | 12 |
Fraxinus americana | White ash | 16 |
Juglans cincerea | Butternut | 12 |
Juniperus virginiana | Eastern red cedar | 8 |
Latrix species | All tamarack | 10 |
Ostrya virginiana | Ironwood | 6 |
Pinus strobus | White pine | 12 |
Prunus serotina | Black cherry | 12 |
Quercus species | All oak | 12 |
Robina pseudoacacia | Black locust | 10 |
Thuja species | All arborvitae | 8 |
Tilia americana | Basswood | 20 |
A "specimen tree" is also any tree determined by the Village Forester to be of high value relative to the purposes of this section, because of its species, size, age, location or historical significance.
Shall have the meaning as set forth in Chapter 408, Trees, of the Village Code, or his/her designee.
A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Woodlands include areas that have at least 100 trees per acre with at least 50% of those trees having a two-inch or greater diameter at breast height, and such ratio and percent shall be prorated in determining the existence of woodlands areas greater than or less than one acre.
(2)
The provisions of this tree preservation subsection shall apply to all developments one acre or greater for which a landscape plan must be submitted under Subsection B above. This subsection does not apply to any development or application for development for detached single-family homes or government uses.
(3)
A landscape plan required under Subsection B shall include a tree inventory, specifying the location, size and type of all specimen trees and woodlands. The inventory shall include a reference to any listed tree that the applicant believes to be damaged, diseased or dying.
(4)
Every reasonable effort shall be made to retain and preserve specimen trees and woodlands on the property to be developed, through the integration of those specimen trees and woodlands existing on the site into the proposed development. The landscape plan shall include information specifying the methods to be used to preserve specimen trees and woodlands and shall identify any specimen trees and woodlands proposed to be removed. Removal of any specimen tree or woodlands may only be performed pursuant to an approved landscape plan specifying such removal. No person or entity shall in any way remove any specimen tree or woodlands or portion of woodlands not specified for removal under an approved landscape plan.
(5)
Any specimen tree or woodlands which have been identified upon an approved landscape plan for removal must be replaced by the planting of a tree or trees in accordance with the following criteria:
(b)
If Subsection C(5)(a)[1] or [2] above is not physically feasible for a development, due to limited planting area to support proper replacement tree spacing and such development is found by the Plan Commission to be of benefit in promoting the health, safety, welfare and economic well-being of the community, the Plan Commission may authorize a fee in lieu of tree replacement set by the Village Board to be paid to the Village Tree Fund. The Village Tree Fund shall be held in a segregated account by the Village Treasurer for disbursement only for the purchase and planting of trees within the Village pursuant to the direction of the Village Board, with expenditures of such funds to be made within a reasonable time from their receipt. Such fees in lieu of tree replacement shall be paid by a developer to the Village prior to the issuance of any building permit. The Plan Commission may consult with the Environmental Committee, Village Forester and others in making its determinations under this subsection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c)
Replacement trees shall be of a type and size suitable for the site as determined by the Plan Commission. The use of native species is encouraged.
(d)
The Village Forester shall inspect sites to verify tree inventories submitted by applicants and to examine trees reported as damaged, diseased or dying. The Village Forester may exempt or partially exempt existing trees from the requirements of this subsection, where the Village Forester determines such trees are damaged, diseased or dying, and such written determination shall either be set forth upon or be attached to a landscape plan submitted for approval.
§ 445-2.11 Stormwater management requirements.
[Added 12-23-2002 by Ord. No. 02-19; amended 4-25-2016 by Ord. No. 16-7]
A.
Chapter 13 of the Milwaukee Metropolitan Sewerage District (MMSD) rules on surface water and stormwater runoff management are hereby adopted by reference. Future amendments to the MMSD rules are also adopted by reference.
B.
The MMSD rules on stormwater runoff management and plan submittal requirements shall be complied with in addition to the other stormwater provisions of this chapter, including but not limited to plat approval under Ch. 236, Wis. Stats., construction site erosion control, and post-construction stormwater quality best management practices to abate pollutant runoff.[1] A violation of MMSD rules shall be a violation of this chapter.