(a)

Applicability and enforcement.

(1)

These standards apply to all new or existing single and up to four unit wholly residential properties.

(b)

Submittal requirements.

(1)

Drawings.

a.

Site plan, drawn to scale, showing all property boundaries, existing and/or proposed structures, existing or proposed paving and surrounding streets.

b.

Floor plans, draw to scale, showing all floor levels of a new residence and all new areas of a proposed addition or modification.

c.

Elevations, drawn to scale, showing all faces of a new residence and all affected faces of a proposed addition or modification. Elevations are to indicate all visible material types, including siding or facing, trim, doors, windows, decorations and any other details.

(2)

Finishes.

a.

Colors and characteristics of all visible materials must be identified on the drawings or application, indicating conformance with the requirements of these standards.

b.

Color samples must be submitted to identify the proposed colors of all visible exterior surfaces to be painted or stained.

(3)

Review.

a.

All applications for review shall be submitted to the village building inspector. Upon receipt of a complete application the building inspector shall review the submittal to determine compliance with these guidelines.

b.

In the event the applicant objects to the determination of the building inspector he shall have 30 days from the date of the inspector's decision to submit an appeal of that decision to the village clerk. Said appeal shall be in writing and shall set forth why the building inspector's determination is contrary to this code and/or how the strict adherence to the terms of this code would result in an unnecessary hardship for the applicant. The matter shall then be forwarded to the village plan commission for review of the building inspector's determination in light of the appeal. Compliance with this appeal process shall be a necessary prerequisite before review of the building inspector's determination by the board of zoning appeals.

(c)

Design requirements.

Harmonious. All visible elevations shall be designed to complement the front facade.

(1)

New construction.

a.

Definitions.

1.

New construction means any residence included under these standards that is completely of new construction from the foundation up. This includes residences built on new or existing foundations.

b.

Requirements for new construction.

1.

Exterior walls and materials.

i.

No more than three facing materials may be used on the exterior.

ii.

Exterior facing materials must be used consistently on all exterior elevations.

iii.

Exterior material changes must occur at inside corners or a minimum two feet zero inches return.

iv.

Non-glass exterior surfaces shall not be made of shiny metal and shall, in general, not exceed a matter or semi-gloss appearance.

v.

Foundation walls with a greater than two feet zero inches vertical exposure must be covered with one of the three materials in item (a) above.

2.

Roofs.

i.

Roofs are limited to two different materials.

ii.

The entire roof area, except for bays and projections under 200 square feet must be of the same material.

iii.

Bays, cupolas, projections, or separated roof areas under 200 square feet may be of an alternate material.

iv.

Sheet or roll roofing products are prohibited on roofs exceeding a 2:12 pitch.

v.

Front projecting gables and dormers are limited to two different pitches.

3.

Windows, doors and exterior details:

i.

Window style shall be consistent on all elevations.

ii.

Window casings and trim details shall be consistent on the front elevation and any side street elevations.

iii.

Elevation details, including but not limited to, vents, shutters and keystones shall be consistent on the front elevation and any side street elevations.

iv.

Each type of access door shall be consistent on the front elevation and any side street elevations.

4.

Exterior colors:

i.

Roofs shall be limited to a maximum of two colors.

ii.

Variegated materials such as brick, cultured and natural stone, and shingles are considered as a single color.

(2)

Additions and alterations.

a.

Definitions.

1.

Addition means new construction attached to any existing structure included under these guidelines.

2.

Alteration means revision to any structure included under these guidelines that does not expand the site area covered. Porches, breezeways and decks are considered additions.

b.

Requirements for additions.

1.

General.

i.

All additions are required to match the original structure in style, design, materials and color; unless the front and all side street elevations of the original structure are renovated for a new consistent style.

ii.

Additions must conform to all requirements for new construction.

c.

Requirements for alternations.

1.

Exterior walls and materials.

i.

Changes to exterior materials must bring the structure closer to compliance with the requirements for new construction.

ii.

Alterations must be in the same style, design, or character as the original construction; unless the front and all side street elevations of the original structure are renovated for a new consistent style.

2.

Roofs.

i.

All roof replacements must conform to the requirements for new construction.

3.

Windows, doors and exterior details.

i.

All added or modified windows, shutters or other exterior details must conform to the requirements for new construction.

4.

Exterior colors.

i.

All new exterior colors must conform to the requirements for new construction.

(3)

Sheds, gazebos and accessory buildings.

a.

Definitions.

1.

Shed means freestanding structures less than 100 square feet used for storage only.

2.

Gazebos means a freestanding open-air structure, with a raised floor, with or without a roof, and less than 100 square feet.

3.

Accessory building means any freestanding structure over 100 square feet.

b.

Requirements for sheds and gazebos.

1.

Sheds and gazebos must be constructed of permanent and exterior rated materials.

2.

Sheds and gazebos must be of neutral or natural colors, unless matching the color of the primary residence.

c.

Requirements for accessory buildings.

1.

Accessory structures must conform to the requirements for new construction and match the materials and colors of the primary residence.

(4)

Open porches, alcoves and breezeways.

a.

Definitions.

1.

Porches, alcoves and breezeways are defined as attached elements having a floor and roof, but no exterior wall enclosure other than guardrails where required by building code.

b.

Requirements for open porches, alcoves and breezeways.

1.

Must be built on footing piers or continuous foundation walls.

2.

If not utilizing continuous foundation walls must use lattice, trim panels, or another approved material to enclose the space under the floor and between the foundation piers.

3.

Floors must be exterior grade wood, concrete, brick or stone.

4.

Design, materials and colors must match the primary structure and conform to the requirements for new construction.

(5)

Enclosed porches, solariums, and other seasonal rooms.

a.

Definitions.

1.

Enclosed porches, solariums, and other seasonal rooms are defined as attached elements having a floor, roof, and enclosing screens or walls and doors.

b.

Requirements for enclosed porches, solariums and other seasonal rooms.

1.

Must be built on continuous foundation walls.

2.

Floors must be exterior grade wood, concrete, brick or stone.

3.

Design, materials and colors must match the primary structure and conform to the requirements for new construction.

(6)

Decks.

a.

Definitions.

1.

Decks are defined as attached elements, raised above grade, and having a floor and guardrails if required by building code.

b.

Requirements.

1.

Decks may only be located on the rear elevation of the house except for a 200 square foot extension on one side elevation only.

2.

Must be built on footing piers or continuous foundation walls.

3.

All decks are limited to a maximum of three materials other than the foundations.

(7)

Ramps.

a.

Definitions.

1.

Ramps are defined as attached elements for the express purpose of providing accessibility for disabled homeowners or occupants.

b.

Requirements.

1.

All ramps are limited to a maximum of three materials other than the foundations.

(d)

Reserved.

(Ord. No. 2006-23, § 1, 8-15-2006; Ord. No. 2019-13, § II, 9-17-2019)

Editor's note— The user's attention is directed to §§ 4.480—40.487 for provisions related to historical districts.

This division is intended to promote compatible development; stabilize property values; foster the attractiveness and functional utility of the community as a place to live and work; preserve the character and quality of the built and natural environment; and raise the level of community expectations for the quality of its environment. This division applies to commercial, industrial, institutional, park and multifamily residential development.

(Ord. No. 99-5, § 17.13(1), 5-4-1999)

(a)

No commercial, industrial, institutional, park or multifamily residential structure or facility (note: does not include single-family and two-family dwellings) shall be erected, moved, reconstructed, extended, enlarged, altered or changed until the planning commission has reviewed and approved plans for the site and structure. The planning commission shall not approve any plans unless they find after review and study of the application that the use or structure, as planned, will not violate the intent and purposes of this chapter.

(b)

In approving or disapproving proposed uses and/or site plans, the planning commission shall give consideration to such evidence as may be presented to the commission regarding traffic generation, groundwater, sewage disposal, lighting, soil limitations noise, smoke, dust, odor or noxious gases attributed to the proposed use. In applying the provisions of this division, the Village of Pewaukee planning commission shall recite the particular facts upon which it bases its conclusion. If the plan commission determines that the proposed use and/or site plan generates an unreasonable impact relative to the elements set forth in this subsection, the commission may deny the proposal. The applicant shall have an opportunity to present evidence contesting the denial or propose adequate mitigation, if they so desire. Thereafter, the village planning commission may affirm, modify or approve the proposal.

(c)

To implement the purposes set forth in this division, the planning commission shall approve proposed uses and site plans only after determining the following:

(1)

The proposed uses conform to the uses permitted in that zoning district.

(2)

The dimensional arrangement of buildings and structures conform to the required area offset, setback and height restrictions of the chapter.

(3)

The proposed use conforms to all use and design requirements.

(4)

There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic.

(5)

The proposed 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 ingress/egress, interior/exterior traffic flow, stormwater drainage, erosion control, grading, lighting and parking, as specified by this chapter.

(6)

Natural features of the landscape are retained where they can enhance the development on the site and/or where they furnish a barrier or buffer between the project and adjoining properties.

(7)

Appropriate buffering, screening, fencing or landscaping is provided in accordance with this chapter.

(8)

Land, buildings and structures are readily accessible to emergency vehicles and persons with disabilities.

(9)

The proposed use does not significantly and unreasonably impact groundwater quantity and quality, environment, drainage, the level of transportation service on public streets and/or any other public health, safety and welfare concerns.

(10)

The site plan is consistent with the intent and purpose of this chapter, which is to promote the public health, safety and general welfare, to encourage the use of lands in accordance with their character and adaptability, to avoid the overcrowding of populations, to lessen congestion on the public roads and streets, to reduce hazards to life and property and to facilitate existing community development plans.

(11)

The site plan is consistent with the public goals, objectives, principles, standards, policies and urban design criteria set forth in the village's adopted master plan.

(Ord. No. 99-5, § 17.13(2), 5-4-1999)

The planning commission shall accept applications for use and site plan review in accordance with the following two procedures:

(1)

Consultation. The planning commission will hear and discuss an applicant's conceptual development proposal. While detailed drawings and plans are not required, a firm idea of the development plans along with conceptual drawings is encouraged. Planning commission discussion of the conceptual proposal shall not be viewed as a final commitment or vested right for or against future site development.

Note: The applicant may skip the consultation process and move directly to site plan approval with the understanding that the plan commission is not necessarily obligated to approve the proposed site plan.

(2)

Site plan approval. The planning commission will hear, discuss and act upon an applicant's detailed development proposal. The required application form, application fee and three sets of the proposed plans shall be submitted to Village of Pewaukee hall at least three weeks prior to the planning commission meeting at which the site plan is scheduled for review. Following village staff review and comment on the proposed plans, the applicant shall submit ten sets of the proposed plans to village hall at least one week prior to the planning commission meeting at which the site plan is scheduled for review. If plans are not submitted in a timely manner, the village may refuse to process the application, or the scheduled meeting. Plan submittal shall include, but not necessarily be limited to, the following, subject to the design criteria established in division 3 of this article, and the engineering criteria established in article VIII of this chapter:

a.

Fully dimensioned site plan to include the following:

1.

Drawn to a recognized engineering or architectural scale.

2.

Name of project and the architect/engineer.

3.

Plan creation/revision date.

4.

Building setback and offset dimension.

5.

Parking setback and offset dimension.

6.

Property line dimension.

7.

Notation of total building area, floor area ratio, open space ratio and site size (i.e., acres and square feet).

8.

Location of existing and/or proposed exterior light poles.

9.

Location and number of parking stalls.

10.

Location of all proposed and existing structures.

11.

Existing and proposed street names.

12.

Ultimate public street right-of-way line and street centerline.

13.

Easements.

14.

Phasing lines, if applicable.

15.

Where applicable, the 100-year recurrence interval floodplain, floodway, wetlands and primary environmental corridor boundary.

16.

Location of existing driveway openings adjacent to, and across the street from, the proposed site.

(3)

Detailed landscaping plan including the following:

a.

Location of proposed and existing trees.

b.

Species of plantings.

c.

Size of initial plantings.

d.

Number of plantings.

(4)

Architectural elevations of all building sides including the following:

a.

Building height.

b.

Building construction materials (note: samples of building materials shall be submitted for plan commission review).

c.

Building color.

d.

Dumpster screening.

e.

HVAC equipment.

f.

Colored rendering (suggested).

g.

General floor plans.

h.

Site line drawings, if requested by plan commission or staff.

(5)

Sign plan including the following:

a.

Location.

b.

Sign dimension/size/area.

c.

Sign design and specifications.

d.

Sign color.

e.

Sign construction materials.

f.

Labeling of proposed floor area ratio, open space ratio, gross floor area, number of parking stalls and lot size.

(6)

Lighting plan including the following:

a.

Location of light poles on site plan.

b.

Lighting specifications (i.e., pole/mounting height, wattage, type).

c.

Lighting design.

(7)

Engineering plans, including the following, subject to village engineer:

a.

Grading, drainage and erosion control plans.

b.

Sewer plans.

c.

Water plans.

d.

Road plans.

(8)

Description of the proposed use and operation.

(Ord. No. 99-5, § 17.13(3), 5-4-1999)

The planning commission may require the developer to establish an appropriate paving, erosion control, drainage and/or landscaping escrow account or irrevocable letter of credit to ensure compliance with the approved site plan. The escrow or letter of credit value shall not exceed 125 percent of the improvement cost as estimated by an approved contractor. If the developer does not install the required improvements within one year of the building permit being issued, the escrow or letter of credit shall be used by the Village of Pewaukee along with other legal remedies to construct the required improvements.

(Ord. No. 99-5, § 17.13(4), 5-4-1999)

An approved site plan shall expire one year after the date of such approval unless building permits have been obtained and significant construction begun on the development.

(Ord. No. 99-5, § 17.13(5), 5-4-1999)

Any subsequent change or addition to an approved plan or use shall be submitted to the Village of Pewaukee staff. If, in the village administrator's opinion, such change or addition constitutes a substantial alteration of the original plan, the amended plan must be submitted to the planning commission for approval.

(Ord. No. 99-5, § 17.13(6), 5-4-1999)

This division is intended to promote compatible development; stabilize property values; foster the attractiveness and functional utility of the community as a place to live and work; preserve the character and quality of the built and natural environment; and raise the level of community expectations for the quality of its environment. This division applies to commercial, industrial, institutional, park and multifamily residential development.

(Ord. No. 99-5, § 17.14(1), 5-4-1999)

(a)

The Village of Pewaukee board finds that:

(1)

Trees and shrubs are proven producers of oxygen, a necessary element for human survival;

(2)

Trees and shrubs appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;

(3)

Trees and shrubs transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems;

(4)

Trees and shrubs have an important role in neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers;

(5)

Trees and shrubs, through their root system, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control and flood control;

(6)

Trees and shrubs are an invaluable physical, aesthetic and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of human developments on the land, particularly parking areas;

(7)

Trees and shrubs have an important impact on the desirability of land and therefore on property values;

(8)

Screening between two lots lessens the transmission of noise, dust and glare from one lot to another;

(9)

Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimum screening can provide an impression of separation of spaces and more extensive screening can entirely shield one use from the visual assault of an adjacent use. Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening;

(10)

Establishing and maintaining architectural standards will tend to maintain a high character of community development and protect real estate from impairment and destruction of value;

(11)

Architectural standards will tend to prevent or minimize discordant and unsightly surroundings;

(12)

Architectural standards will protect and perpetuate a pleasant and inviting view for the enjoyment, environmental and cultural enrichment of the citizens of the community and its visitors;

(13)

Architectural standards will foster civic pride in the beauty of the community and enhance the community's aesthetic and economic vitality;

(14)

The provisions of this part are necessary to safeguard the public health, safety and welfare.

(Ord. No. 99-5, § 17.14(2), 5-4-1999)

(a)

Street trees. The developer shall provide for the planting or retention of street trees on both sides of all new roadways and, where deemed appropriate by the plan commission for aesthetic purposes, along existing roadways adjacent to the development. Such trees shall have an average trunk dimension of 2.5 inches at a point one foot above the grade. To ensure proper planting and growth, the trees shall be balled, burlapped and staked. Such trees shall be provided at a rate of not less than one tree every 40 feet of new roadway frontage and located within the road right-of-way at a point ten feet from the right-of-way line unless otherwise required by the plan commission. The species of trees shall be subject to plan commission approval. The Village of Pewaukee reserves the right to retain the services of a qualified consultant to verify proper installation and health of required landscaping.

Note: See section 40.440 regarding landscaping escrow requirements for site plan.

(b)

Parking lot landscaping. Off-street parking lots with more than ten stalls shall have at least ten percent of the interior parking area landscaped. The species of landscape plantings are subject to plan commission approval.

(c)

Screening. The following requirements apply:

(1)

Every development shall provide sufficient screening to shield adjacent properties from any adverse external effects of that development and/or to shield the development from the negative impacts of adjacent uses, streets or railroads.

(2)

A compact landscaping hedgerow or landscaped undulating berm shall be located between parking areas and public roads. Hedges shall be planted at an initial height of two feet and shall be maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting. This landscaping buffer is intended to screen the view of parked cars and asphalt from pedestrian and motorist view.

(3)

Dumpsters shall be located and screened in accordance with plan commission approval.

(d)

Landscaping standards. The following standards apply to commercial or multifamily residential sites:

(1)

The undeveloped area of any commercial or multifamily residential site (exclusive of areas under roof or pavement) shall be landscaped with approved living trees, shrubs, vines, flowers, grass and groundcovers and may include water bodies, crushed rock, sand, wood chips, landscaping furniture and ornamental pieces.

(2)

At least one tree and two shrubs shall be planted for each 1,000 square feet or portion thereof of the area to be landscaped. Planting size and type shall be subject to plan commission approval.

(3)

No tree, as measured from its center, shall be located within five feet of a vehicular accessway, bike trail or public sidewalk or within ten feet of a streetlight, stop sign, fire hydrant, street sign or directional sign.

(4)

All landscaping material located within a sight distance triangle shall be two feet or less in height or have a clearance of eight feet beneath the lowest branch or projection.

(e)

Landscaping installation. All landscaping shall be installed in a sound workmanship manner and according to accepted good planting procedures. Certificates of occupancy may be withheld unless the landscaping meets the requirements provided in this section or the appropriate escrow is established in compliance with section 40.440 for future installation of the required landscaping.

(f)

Landscaping maintenance. The property owner shall be responsible for the maintenance of all landscaping in good condition so as to present a healthy, neat and orderly appearance that shall be kept free from refuse and debris. All landscaping areas shall be provided with a readily available water supply. The property owner of an industrial, institutional, park, commercial or multifamily residential site shall promptly replace any landscaping which has died or is damaged beyond repair. The replacement planting shall be the same size and quality as in the approved landscaping plan. The site's landscaping shall be maintained perpetually in accordance with the approved landscaping plan on file at Village of Pewaukee hall.

(g)

Berm requirements. The construction of earth berms shall be permitted subject to the following:

(1)

Berms shall be constructed to a slope of three feet horizontal to one foot vertical.

(2)

A cover growth of village approved plant material shall be immediately established over the entire berm to prevent erosion or unsightly conditions.

(3)

In addition to a cover growth of plant material, berms shall have landscape plantings spaced randomly to help visually break up the continuous line of the berm. Berm and landscape plans for commercial, multifamily, condominium and subdivision development shall be approved by the plan commission.

(4)

If the construction of a berm requires more than 250 cubic yards of fill to be brought to the site, a filling permit shall be obtained from the village.

(5)

Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearance and provide reasonably complete coverage within three months after planting.

(h)

Pond requirements. The construction of new ponds or enlargement of existing ponds shall be subject to the following:

(1)

The property owner shall submit a pond plan that identifies maximum pond size, maintenance plan, pond depth and pond overflow point for village engineer approval.

(2)

A ten-foot wide safety shelf with a depth of 12 inches shall be constructed.

(3)

The pond shall be set back no less than ten feet from the property line.

(4)

The pond slope shall be no steeper than four feet horizontal to one foot vertical.

(Ord. No. 99-5, § 17.14(3), 5-4-1999)

Fences, walls and other architectural screening devices when anchored to supports imbedded in the ground shall be considered permanent structures and shall be subject to plan commission approval.

(Ord. No. 99-5, § 17.14(4), 5-4-1999)

The Village of Pewaukee planning commission shall be responsible and have authority to hear, review and act upon proposed commercial, industrial, institutional and multifamily residential architectural plans. Plans shall be submitted in accordance with division 2 of this article. To implement the purposes and findings set forth in this chapter, the following architectural review criteria and processing requirements are established:

(1)

Building scale and mass. The relative proportion of a building to its neighboring existing buildings shall be maintained to the greatest extent possible when new buildings are built or when existing buildings are remodeled or altered.

(2)

Building rooflines and roof shapes. The visual continuity of roofs and their contributing elements (parapet walls, gables, coping, cornices, etc.) shall be maintained in building development or redevelopment. Heating, ventilation, air conditioning and other rooftop mechanical equipment must be appropriately screened from view.

(3)

Materials. New retail and office building construction shall consist of quality materials such as brick, wood, stone and glass. New industrial building construction may also use decorative concrete block in addition to the above listed materials. The plan commission may, however, allow the use of metal building components, exterior finish insulation systems, and concrete block if incidental to the primary building architecture, screened from public view, or if used to reflect existing building architecture.

(4)

Colors. Buildings shall generally reflect earth tone colors. Awnings, trim and window colors are allowed greater color latitude subject to plan commission approval.

(5)

Building design and compatibility. Proposed office and retail building design shall reflect traditional architectural styles with gabled rooflines, interesting fenestration and human scale. Proposed industrial building design shall reflect contemporary standards of quality building design (e.g., Fall's Business Park, Brookfield Lakes Corporate Center, Pewaukee Woods and the Mequon Business Park). Extended expanses of walls shall be broken up with the use of creative pilasters, fenestration, soldier courses or elevation offsets.

(6)

Design portfolio. The village shall maintain a building design portfolio illustrating acceptable examples of building architecture and design. Planning commission approval of proposed building architecture shall be based, among other things, on these design concepts.

(Ord. No. 99-5, § 17.14(5), 5-4-1999)

The purpose and intent of this division is to regulate and reduce the nuisance caused by unnecessary intensity of artificial illumination of property and buildings, to preserve the rural character of the Village of Pewaukee, to promote the safety and welfare of its citizens by restricting glare producing sources of light, and generally establish proper levels of lighting.

(1)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

a.

Height means the vertical distance of a light structure between the uppermost extremity of any light structure, pole or supporting member and the grade level.

b.

Luminaire means a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

c.

Cutoff luminaire means any luminary that does not emit light at an angle greater than 90 degrees from vertical.

d.

Light source means a single artificial point source of luminescence.

(1.5)

Exceptions. The following shall be excepted from the regulations of this section:

a.

Lighting facilities and equipment located in the public right-of-way for public safety purposes.

b.

Warning and/or alert light fixtures, such as, but not limited to, public utility facilities warning lights, lights required by the FAA, lights required by FRA, and similar.

(2)

General regulations. The following regulations shall apply to all luminaries installed, erected or maintained in any commercial, industrial or multifamily district:

a.

Height. No light structure shall exceed 25 feet in height, or the height of the adjacent building, whichever is less.

b.

Design.

1.

All luminaries designed for parking lot illumination shall be of a cutoff design and shall be shielded or directed so as to confine the area of light dispersion to the property and/or building area which it is intended to illuminate.

2.

Decorative fixtures (which may not be fully cutoff in their design) may be allowed subject to specific planning commission review and approval.

3.

All new light fixtures and supporting structures shall be fabricated using all metal materials and shall be powder coated in a bronze, brown, silver or black matte paint finish. Alternate colors and/or materials, proposed in order to better coordinate with the surrounding views, buildings or environment may be considered/approved by review/action of the planning commission.

c.

Ground mounted lighting. All ground mounted luminaries designed or intended for purposes of illuminating buildings, signs, flagpoles or other on-site amenities shall be completely screened with vegetative cover or other cover in order to fully shield the light source from public view.

d.

Building lighting. All luminaries designed or intended for purposes of lighting any building on the premises shall limit, to the greatest extent possible, spillover of light into the sky. Building mounted lighting shall be appropriately shielded to prevent glare.

(3)

Hours of operation. All outdoor light fixtures presently or hereafter installed and maintained upon private property within commercial, institutional, industrial or multifamily zones shall be turned off from close of business to sunrise with the following exceptions:

a.

Commercial, industrial and institutional uses which remain open and operational after 11:00 p.m. shall be allowed to keep their approved outdoor lighting on for the period of time they remain open and up to one-half hour after closing.

b.

Approved security lighting shall be allowed after 11:00 p.m.

c.

Recreational uses shall be allowed to keep their approved outdoor lighting on for the period of time the recreational use continues.

d.

Approved streetlighting shall be allowed to operate between sunset and sunrise.

(4)

Permits. Prior to the erection, installation or placement of any exterior artificial light source, an application for permit shall be filed with the Village of Pewaukee. All applications shall include a scaled plan depicting the proposed number, specific locations, intensity (stated in wattage and lumens), manufacturers fixture cut-sheet, isofootcandle plan and the specifications of all light sources. Village staff shall be authorized to approve lighting applications unless the application violates the intent and spirit of this division. In those instances, the plan commission shall review the application and determine appropriate action in accordance with subsection (7) of this section. Permits issued by the village under the provisions of this division shall expire and be null and void if not implemented within one year of the date of approval.

(5)

Prohibitions. The following types of lighting shall be prohibited except as otherwise approved in accordance with subsection (7) of this section:

a.

Festoon lighting, string lighting or any light source erected in such a manner as to be subject to noticeable periodic movement as a result of wind pressure or atmospheric conditions.

b.

Any artificial light source that creates glare within the normal range of vision from any public walk or thoroughfare under normal weather conditions.

c.

Display of intermittent lights or flashing, blinking, moving, beacon or searchlights except as follows:

1.

Where such lights are required by State of Wisconsin or federal law.

2.

Where such lighting is of a temporary nature including but not limited to holiday displays and grand opening events.

(6)

Effect of adoption of this division.

a.

All commercial, industrial, institutional and multifamily establishments shall comply with the hours of operation identified in subsection (3) of this section within 90 days of the effective date of the ordinance from which this chapter is derived.

b.

For any establishment having existing light sources that do not wholly comply with the provisions of this chapter, all future plan commission approvals related to such establishments shall be subject to approval of an outdoor lighting plan in conformance with this division.

(7)

Exceptions. The planning commission may, in its judgment, waive or modify the provisions of this outdoor lighting section where, in their opinion, it would further the public interest.

(Ord. No. 99-5, § 17.14(6), 5-4-1999; Ord. No. 2019-15, § III, 10-1-2019)