Village of Fox Point, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point 4-22-1958 by Ord. No. 264 (Ch. 14 of the 1961 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management, erosion control and bluff regulation — See Ch. 285.
Signs — See Ch. 540.
Offenses against public peace, safety and welfare — See Ch. 670.
Property maintenance — See Ch. 681.
Floodplain zoning — See Ch. 724.
Subdivision of land — See Ch. 738.
Building construction — See Ch. 756.

§ 745-1 General purpose.

§ 745-2 Interpretation and definitions.

§ 745-3 Conformity with regulations.

§ 745-4 Existing nonconforming uses, structures and lots.

§ 745-5 Uses, structures and lots in violation of prior ordinance.

§ 745-6 Structures other than buildings.

§ 745-7 Accessory uses and structures.

§ 745-8 Time-share property restricted.

§ 745-9 Condominium property restricted.

§ 745-10 Outdoor recreational areas and facilities.

§ 745-11 Districts; Official Zoning Map.

§ 745-12 District boundary lines.

§ 745-13 A-1 Residence District.

§ 745-14 A-2 Residence District.

§ 745-15 A-3 Residence District.

§ 745-16 B Residence District.

§ 745-17 C Residence District.

§ 745-18 D Business District.

§ 745-19 E Semi-Business District.

§ 745-20 F Institutional District.

§ 745-21 PDO Planned Development Overlay District.

§ 745-22 Cultural Overlay District.

§ 745-23 Wireless telecommunications mobile service facilities.

§ 745-24 Setback exceptions.

§ 745-25 Special exceptions at boundary of zoning district.

§ 745-26 Modification of open area.

§ 745-27 Public utility buildings.

§ 745-28 Property not in specified district.

§ 745-29 Enforcement by Building Inspector.

§ 745-30 Filing plans and specifications.

§ 745-31 Certificate of occupancy.

§ 745-32 Enforcement by peace officers.

§ 745-33 Continuing violations.

§ 745-34 Violation and penalties.

§ 745-35 Amendments.

§ 745-36 Board of Appeals.

§ 745-37 Variances.

§ 745-1 General purpose.

The Village of Fox Point is a community in the metropolitan area of Milwaukee County, in which Village substantially all of the land and real property has been or is being developed for private residential purposes by the owners thereof, and territory accessible to the inhabitants of the Village is now occupied by, or is available for, manufacturing and industrial purposes more than sufficient for the general needs of the inhabitants of the Village, and it is the desire of the inhabitants and property owners to preserve the residential character of the Village, and in the opinion of the Board of Trustees, the enactment of the regulations of this chapter is essential for the promotion of the public health, morals and public safety, and is further necessary for the promotion of the public welfare, convenience and general prosperity of the Village and its inhabitants by the prevention of unregulated and unrestricted development.

§ 745-2 Interpretation and definitions.

In interpreting and applying the provisions of this chapter, such provisions shall be deemed to be the minimum requirements adopted for the public health, morals and safety, and for the promotion of convenience, comfort and general welfare of the inhabitants of the Village, but it is not intended to interfere with or abrogate any existing easements or other agreements between individuals, but when this chapter imposes a greater restriction, the provisions of this chapter shall control, and the following words, when used in this chapter, shall have the meaning hereinbelow set forth:
AREA, OPEN
That portion of a lot which will be unoccupied after the erection of a building or buildings for which a permit has been duly requested. In computing such open area, the lot shall be considered as extending not further than the side line of any street or area reserved for highway purposes upon which a lot abuts, except when this chapter specifically provides otherwise.
AREA RESERVED FOR HIGHWAY PURPOSES
Area reserved for highway purposes or for ingress and egress to the premises as well as a public highway.
BUILDING
Any structure used, designed or intended for the protection, shelter or roofed enclosure of persons, animals or property.
BUILDING, ACCESSORY
A building or portion of a building used for a purpose customarily incident to the permitted principal use of the lot and located on the same lot as the principal use.
BUILDING, PRINCIPAL
The building in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.
DEPTH OF FRONT YARD
The minimum horizontal distance between the front line a building and the front lot line or side line of the street or area reserved for highway purposes, whichever is nearer, except that the roof of a building or any attachments thereto may extend over said front yard a distance of not to exceed one foot.
DEPTH OF REAR YARD
The minimum horizontal distance between the rear line of a building and the rear lot line or side line of the street or area reserved for highway purposes, whichever is nearer, except that the roof a building or any attachments thereto may extend over said rear yard a distance of not to exceed one foot.
DWELLING
A building having accommodations for one family only, provided that the building may provide quarters for bona fide servants though they constitute a family as defined in this section.
FAMILY
One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding three living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family.[1]
FRONT LINE OF A BUILDING
A line drawn through the point of a building as defined above nearest to, and parallel with, the front lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
FRONT YARD
An open area on the same lot with a building between the front line of any building and the front lot line, or the side line of the street or area reserved for highway purposes, whichever is nearer, extending the full width of the lot.
GARAGE, PRIVATE
A structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the family resident upon the premises. Carports shall be considered garages within this definition.
GARAGE, PUBLIC OR COMMERCIAL
Any garage not falling within the definition of "private garage" as herein established.
LOT
A parcel of land, whether unplatted or platted, in whole or in part, all of which is owned legally or under a land contract by the same person or persons and which is treated or occupied by them as a unit for a use permitted by this chapter.
NONCONFORMING USE
Any use of a building or premises which does not conform to the regulations of the district in which it is situated as provided for by this chapter.
OUTDOOR RECREATIONAL FACILITIES
Land, water bodies, and structures, along with accessory equipment, designed and utilized for leisure time activities of a predominantly outdoor nature and of more specific active purposes than park-like open areas.[2]
REAR LINE OF A BUILDING
A line drawn through the point of a building as defined above nearest to, and parallel with, the rear lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
REAR YARD
An open area on the same lot with a building, between the rear lot line and the rear line of any building, extending the full width of the lot, except that where the rear of said lot abuts upon a street or area reserved for highway purposes, the rear yard shall extend only to the side of said street or area reserved for highway purposes.
SIDE LINE OF A BUILDING
A line drawn through the point of the building nearest to, and parallel with, the side lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
SIDE YARD
An open area on the same lot with a building between the side lot line and the side line of any building, extending from the front yard to the rear yard, except that where the side of said lot abuts upon a street or area reserved for highway purposes, the side yard shall extend only to the side of said street or area reserved for highway purposes.
STRUCTURE
A combination of materials other than natural terrain or plant growth erected or constructed to form a shelter, enclosure, retainer, container, support, base, pavement or decoration.
STRUCTURE, ACCESSORY
A structure or portion of a structure customarily incident to any permitted principal use of such lot and located on the same lot as such principal use.
STRUCTURE, PERMANENT
A structure placed on or in the ground or attached to another structure in a fixed and determined position and intended to remain in place for a period of more than nine consecutive months.
STRUCTURE, PRINCIPAL
A structure used or intended to be used for the principal use as permitted on such lot by the regulations of the district in which it is located.
STRUCTURE, TEMPORARY
Any structure other than a permanent structure.
SUBSTANDARD LOT
A lot which was of record on April 22, 1958, and which is:
A. 
Smaller in square footage than the total of the minimum open area requirement of the district in which it is located plus the minimum floor area described in § 756-15B of this Code; or
B. 
Narrower in width than the minimum lot width requirement of the district in which it is located.
TIME SHARE PROPERTY
Any property that is regulated by Chapter 707, Wisconsin Statutes, and in addition, any real property that is subject to any contract, lease easement, instrument or other device which requires payment or other remuneration or barter, for the benefit of the property owner, whereby two or more families, persons, corporations, firms or entities have an exclusive right to occupy said property during separate periods of time, with any such right of occupancy having an actual duration of less than 120 days. Except as regulated by Chapter 707, Wisconsin Statutes, a contract which is solely intended to provide security or maintenance for the property while the owner is absent, and whereby the owner receives no compensation or other benefit other than the security or maintenance, known as a "house sitter contract," is excluded from the definition of time share property.
[Added 4-19-2010 by Ord. No. 2010-07]
USE, ACCESSORY
A use customarily incident to the permitted principal use of property and on the same lot as the principal permitted use.
USE, PERMITTED
That utilization of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which said land is located, including those uses customarily accessory to such permitted use.
USE, PRINCIPAL
The main or primary use of property or structure as permitted on such lot by the regulations of the district in which it is located.
WIDTH OF LOT
The distance from one side line to the other measured on a line which will be contiguous with the front line of a building and be as nearly parallel as possible to the street on which the lot abuts.
WIDTH OF SIDE YARD
The minimum horizontal distance between the side line of a building and the side lot line or the side line of a street or area reserved for highway purposes, whichever is nearer, except that the roof of a building or any attachments thereto may extend over said side yard a distance of not to exceed one foot.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: The former definition of "personal wireless service facility or PWSF," which immediately followed this definition, was repealed 12-10-2013 by Ord. No. 2013-10.

§ 745-3 Conformity with regulations.

Except as hereinafter provided or superseded by state or federal law, no building or premises or part thereof shall be used, altered, constructed or reconstructed except in conformity the provisions of this chapter which apply to the district in which it is located.

§ 745-4 Existing nonconforming uses, structures and lots.

A. 
Existing nonconforming uses. The lawful nonconforming use of land without structures, or the lawful nonconforming use of water, or a lawful nonconforming use in a conforming structure, or a lawful nonconforming use in a nonconforming structure, or a lawful nonconforming use on a conforming lot, or a lawful nonconforming use on a nonconforming lot, or a lawful nonconforming use of land with conforming structures, or a lawful nonconforming use of land with nonconforming structures which existed at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; however:
(1) 
Only that use in actual existence at the time of the adoption or amendment of this chapter may be so continued as a legal nonconforming use and said use may not in any way be extended, enlarged, substituted, moved, added to or changed.
(2) 
No structure on lands containing a legal nonconforming use may be extended, enlarged, totally rebuilt, substituted, moved, remodeled, modified, or added to except when required to do so by law or until the legal nonconforming use has been made to conform to this chapter. This subsection does not apply, however, to structural repairs or alterations that are made in strict compliance with § 62.23(7)(h), Wis. Stats., including such amendments as may be made thereto from time to time.
(3) 
No lot or lands containing a legal nonconforming use may be reduced in size, modified, increased in size or changed in any manner except when required to do so by law or until the legal nonconforming use has been made to conform to this chapter.
(4) 
If a legal nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water must conform to the provisions of this chapter.
B. 
Existing nonconforming lots containing conforming uses and/or conforming structures. A building may be erected on a lot of record on April 22, 1958, which lot does not comply with the requirements of this chapter, provided as follows:
(1) 
In the case of such substandard lot which adjoins, along a side lot line, property held in the same ownership, as defined in Chapter 738, Subdivision of Land, of this Code, no building permit shall be issued until a determination has been made by the Plan Commission in the manner provided by § 738-6.
(2) 
No building permit shall be issued where in the opinion of the Building Inspector the erection of a building on such substandard lot would impair or jeopardize the health, safety and general welfare of the surrounding neighborhood or of the Village.
(3) 
No dwelling erected pursuant to the provisions of this section shall occupy an area of a lot which exceeds:
(a) 
A Residence District: 15% of the gross area of the lot together with the area of abutting land reserved for highway purposes, whether public or private, to the center line thereof;
(b) 
B Residence District: 30% of the gross area of a lot; or
(c) 
C Residence District: 45% of the gross area of a lot.
(4) 
Where the proposed erection of a building on such substandard lot would require a variance from requirements in addition to the lot area and width, such variance must be sought in the normal manner in such case from the Board of Appeals.
(5) 
The application of this section in respect to any area annexed to the Village shall apply to parcels of land and lots as they are owned when annexed.
C. 
Existing legal nonconforming structures on a conforming lot or nonconforming lot with legal conforming uses.
(1) 
The legal conforming use of a nonconforming structure existing at the time of the adoption or amendment of this chapter whether on a conforming lot or nonconforming lot may be continued, even though the structure's size or location does not conform to the established building setback line along streets, or the open space, yard, height, parking, loading and/or access provisions of this chapter.
(2) 
The aforementioned structure may be extended, enlarged, substituted, moved, remodeled, modified or added to as long as any such change which alters the footprint of the structure must conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter. In addition, such structure may be totally rebuilt if such reconstruction is identical in size and shape and use to the original structure.
(3) 
Legal nonconforming structures existing at the time of the adoption or amendment of this chapter with a legal conforming use whether on a conforming or nonconforming lot may be moved and if moved must conform to the established building setback lines along streets and the open space, yard, height, parking, loading, and access provisions of this chapter.
(4) 
Any applicable restriction in this section which prohibits restoration of a damaged or destroyed nonconforming structure shall not apply to the extent that 2005 Wisconsin Act 112 applies to such restoration, including such amendments and renumbering of the applicable statutes referred to therein as may be made from time to time.[1]
[1]
Editor's Note: See § 62.23(7)(hc), Wis. Stats.
D. 
Burden of proof. The property owner has the burden of showing that a use, structure or lot is legal nonconforming. The determination shall be made by the Building Inspector upon proof presented by the property owner that the use, structure and/or lot is in fact legal nonconforming. Appeals from the decision of the Building Inspector concerning the determination of legal nonconformity may be made by any person aggrieved to the Village Board of Appeals. Such appeal shall be filed with the Village Clerk/Treasurer within 30 days after the determination of the Building Inspector.
E. 
Reversion. Once a legal nonconforming use, legal nonconforming structure or legal nonconforming lot has been changed to conform, it shall not revert back to legal nonconforming status.
F. 
Conditional use status.
(1) 
Conditional use status may be granted to existing legal nonconforming uses, legal nonconforming structures, and legal nonconforming lots, upon petition of the owner, where such use, structure or lot is determined to not be any of the following:
(a) 
Adverse to any of the following:
[1] 
Public health;
[2] 
Safety; or
[3] 
Welfare.
(b) 
Would not conflict with the spirit or intent of this chapter; or
(c) 
Would not be otherwise detrimental to the community and particularly the surrounding neighborhood.
(2) 
Such conditional use status may be granted by the Village Board only after the Village Board conducts a public hearing in the matter, and following receipt of a recommendation from the Village Plan Commission.

§ 745-5 Uses, structures and lots in violation of prior ordinance.

Any use, structure or lot existing on April 22, 1958, or thereafter which was commenced while a previous zoning ordinance was in effect and was in violation of such ordinance shall not be a nonconforming use permitted to continue under § 745-4 but shall be a violation of this chapter, unless the provision of the prior ordinance which was violated shall have been changed by this chapter and such use, structure or lot is not in violation of this chapter, and no violations are waived.

§ 745-6 Structures other than buildings.

A. 
Structures not classified as buildings and less than six inches in height from the surface of the ground shall not require a building permit nor be subject to the front, side, or rear setbacks, building size, or open space requirements of this chapter except as may be specifically otherwise provided in § 745-7 or 745-10 or Subsection C below.
B. 
Structures not classified as buildings and six inches or more in height from the surface of the ground shall be subject to the front, side, or rear setbacks, building size, and open space requirements of this chapter except as may be specifically otherwise provided in § 745-7 or 745-10 or Subsection C below.
C. 
The following structures that are not classified as buildings are excluded from the requirements of this chapter, provided that the following limitations applicable to these exclusions are strictly followed:
(1) 
Retaining walls. This exclusion applies to:
(a) 
A structure that is intended primarily as a landscape feature for retaining soil, as determined by the Village Building Inspector, and the top of the wall is approximately at grade;
(b) 
A structure that is intended to retain soil primarily for the purpose of constructing a driveway, as determined by the Village Building Inspector; and
(c) 
A structure that is intended primarily to retain soil that is regulated by Article I of Chapter 285 of this Code, as determined by the Village Building Inspector.
(2) 
Play equipment. This exclusion applies to a structure that is play equipment, as defined herein, provided that it is accessory to a residential use on the lot where it is located, and the lot is zoned for residential use, and the play equipment is set back at least three feet from any lot line. Play equipment is defined as a swingset, sandbox, jungle gym, or similar equipment that has no utility other than for amusement of children, as determined by the Village Building Inspector, but not including a structure that has walls and a roof which form an enclosure.
(3) 
Gardens. This exclusion applies to a structure that is primarily intended to be a planting bed, raised flower garden, rain garden, or similar landscape feature, as determined by the Village Building Inspector, provided that such structure shall be located at least three feet from any property line.
(4) 
Signs. This exclusion applies to a structure that is primarily intended to be a sign, as determined by the Village Building Inspector, provided that the sign is regulated by Chapter 540 of this Code.

§ 745-7 Accessory uses and structures.

A. 
General.
(1) 
Any accessory use or structure shall conform to the applicable regulations of the district in which it is located except as is specifically otherwise provided.
(2) 
No accessory use or structure shall be permitted that by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property.
(3) 
Any of the requirements hereinafter established in this section relating to accessory uses and structures, except for permanent buildings in excess of 100 square feet in ground area, may be modified in their specific application to a given situation with the approval of the Village Manager or his/her designee, where in the Village Manager's or designee's opinion the strict application of the requirement would be unnecessarily burdensome or would not in fact achieve the actual intent of the requirement, or where modification would more effectively achieve such intent, provided in all cases such modification is consistent with the basic spirit and intent of this chapter. Appeal from the determination of the Village Manager or his/her designee may be made to the Building Board, provided such appeal is filed with the Village Manager within 30 days from the date of the Village Manager's or designee's action.
B. 
Permanent structures.
(1) 
Any permanent roofed structure serving an accessory use if attached to the principal building shall be considered a part of such principal building for all regulatory purposes. If such structure is a building and is not attached to the principal building, no roofed or enclosed portion shall be closer than 10 feet to any roofed or enclosed part of the principal building, and such structure shall conform to the open area, height, and front, side and rear setback requirements of the district in which such building is located except as permitted by § 756-36 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure" classification, shall not be permitted closer than three feet to an abutting property line other than a street line.
(3) 
Fences, walls, architectural screening devices, driveway gates and arbors. The following regulations are established to ensure that the Village of Fox Point retains the openness and semirural character of its landscape.
(a) 
Permit required. No person shall erect or construct any fence, wall, driveway gate, architectural screening device or arbor, unless specifically exempted by the provisions of this subsection, on any property within the Village of Fox Point without having first obtained a permit from the Building Inspector and having paid the fee prescribed by ordinance. Retaining walls regulated by § 285-4 of this Code are exempt from the requirements of this subsection. A survey by a licensed surveyor shall be submitted with each application for a fence, wall, architectural screening device, driveway gate or arbor 10 feet or less from the lot line of the property. The determination of the Building Inspector as to proximity shall be final. When required, the survey shall show the location of the proposed fence, wall, architectural screening device, driveway gate or arbor in relation to the property line but need not depict any other aspect of the subject property. The Building Inspector shall deny a permit if the proposed fence, wall, architectural screening device, driveway gate or arbor is in the right-of-way or if its proposed location will impede visibility of vehicular traffic.
(b) 
Replacement or reconstruction. If an existing fence, wall, architectural screening device, driveway gate or arbor is substantially or completely destroyed or becomes deteriorated to a material degree, it may be replaced or reconstructed in the same location, height and materials by first obtaining a permit, provided that it must be replaced or reconstructed within 12 months of being removed. All other replacement or reconstruction of existing fences, walls, architectural screening devices, driveway gates or arbors must fully comply with the terms of this section.
(c) 
Temporary fences. Temporary safety, snow or deer fences of any type may be allowed in the discretion of the Village Manager for the purpose of safety, protection from the elements or protection from deer, for a period not to exceed 120 days, unless extended by the Village Manager. Temporary construction fences may be allowed in the discretion of the Village Building Inspector for the time that a building permit is in effect on the property.
(d) 
Lake, bluffs and ravines. Where property abuts Lake Michigan, or is located on a bluff or a ravine in such a locale that construction of a fence, wall, architectural screening device, driveway gate or arbor would materially obstruct the aesthetic views of adjoining and surrounding property owners, the Building Inspector may deny a permit based upon his determination that there is a substantial negative impact upon the aesthetic enjoyment of surrounding properties. Any affected party may appeal the Building Inspector's determination to the Board of Appeals within 30 days of the Building Inspectors' determination. No fence, wall, architectural screening device, driveway gate or arbor shall be constructed on the side of a ravine or bluff in violation of § 285-3 of this Code.
(e) 
Construction in right-of-way prohibited. Any fence, wall, architectural screening device, driveway gate or arbor that is erected in a street right-of-way or impedes traffic visibility may be removed by the Village of Fox Point at any time.
(f) 
Definitions. For purposes of this subsection, the following terms shall have the following meanings; the terms "front yard," "rear yard" and "side yard" shall be defined as set forth in § 745-2 of this chapter:
ARBOR
Any structure intended to provide a support system for plantings or to designate an aesthetically pleasing outdoor seating or walk area.
ARCHITECTURAL SCREENING DEVICE
Any self-standing fence or wall type of structure employed for gardening, screening, ornamental, decorative, signage or landmark purposes.
DRIVEWAY GATE
A fence that opens and closes across a driveway.
FENCE
A structure which creates an enclosure, barrier or boundary, having a set or permanent location in the ground, or which is attached to something having a permanent location on the ground. A fence is considered to be a structure.
FINISHED LOT GRADE
Does not include berms, artificial hills and mounds.
HEIGHT
Does not include two inches of clearance at the bottom of the fence, nor does it include two inches in excess of the height limitation of the fence posts, nor a lighting device on the top of a wall.
OPEN FENCE
A structure of rails, planks, stakes, strung wire or similar material erected as an enclosure, barrier or boundary. Open fences are those with more than 50% of their surface area open for free passage of light and air. Examples of such fences include chain link, picket, rail and cyclone fences, which are not merely ornamental.
ORNAMENTAL FENCE
A structure whose primary purpose is to decorate, accent or frame a feature of the landscape or premises.
SOLID FENCE
A structure of rails, planks, stakes, strung wire or similar material erected as an enclosure, barrier or boundary. Solid fences are those with 50% or less of their surface open for free passage of light and air and designed to conceal from view the activities conducted behind them. Examples of such fences are stockade, board-on-board, board and batten, basket weave and louvered fences.
WALL
Substantially a solid masonry, wood, or composite structure which shall be self-supporting, but is not incorporated into an enclosed structure, and shall include any nonenclosed structure having as its purpose the denomination or accent of driveways or entryways. Any structure that satisfies the foregoing definition but which also fully complies with the requirements of one or more of the following, as determined by the Village Building Inspector, is excluded from this definition of "wall":
[1] 
Signs. This exclusion applies if the wall is primarily intended to be a sign as regulated by Chapter 540 of this Code.
[2] 
Lights. This exclusion applies if the wall is intended primarily as a pediment to support a light fixture.
[3] 
Small size. This exclusion applies if the wall is smaller than three feet wide, and smaller than three feet deep, and smaller than five feet high.
[4] 
Retaining wall. This exclusion applies if the wall is intended primarily as a landscape feature for retaining soil and the top of one side of the wall is approximately at grade.
(g) 
Construction standards. Fences, walls, architectural screening devices, driveway gates and arbors shall be constructed in such a manner that the "finished" side shall face the neighboring property. Fence posts shall be on the side of the fence facing the permit applicant's property. Fences shall be constructed of wood or other wood-simulated natural-appearing materials, wrought iron or other metal materials generally employed to obtain an aesthetically pleasing appearance. Open fences may be permitted; however, barbed wire, electric wire, chicken wire, or double- or triple-strand wire shall not be used in the construction of a fence, except as allowed by the Building Board.
(h) 
Location and height restrictions. Subject to the following exceptions, a fence, wall, architectural screening device, driveway gate or arbor may be permitted up to the lot line in the side and rear yard of any property in Fox Point. A fence, wall, driveway gate or architectural screening device located in a rear or side yard shall not exceed a height of six feet from the finished lot grade and shall not project forward of the front line of the principal building. An arbor shall not exceed a height of eight feet seven inches from the finished lot grade and shall not project forward of the front line of the principal building.
[1] 
In the event a building is irregularly configured, such as an L- or V-shaped structure, or the building is located upon a corner lot, irregularly shaped lot, or lot which abuts upon more than one public or private road, such that there are or appear to be multiple front, side, or rear sides of the structure, the determination of the front, rear or side areas, as well as the determination of the location of any fencing, shall be referred by the Building Inspector to the Board of Appeals, which shall then review the matter without requirement of any appeal fee. The Board of Appeals shall treat the application as a request for a special exception, which shall specifically not be subject to the requirements applicable to zoning variances, and shall proceed in accordance with Subsection B(3)(j) herein. The Board of Appeals shall consider the least obtrusive alternative, and any other criteria as set forth in the provisions of this chapter which serve to balance the interests of the applicant with the interests of the surrounding property owners.
[2] 
No new fence, wall, architectural screening device, driveway gate or arbor shall be located beyond the front line of the principal building unless permitted by the Board of Appeals by special exception after a hearing, pursuant to the procedures described in Subsection B(3)(j) below. The Board of Appeals may grant a special exception under this subsection only if it finds that the fence, wall, architectural screening device, arbor or driveway gate is reasonably necessary to protect the safety of people residing on the property, in addition to the additional findings and conditions required by Subsection B(3)(j) below. Every special exception granted by the Board of Appeals for a driveway gate shall be conditioned upon the applicant filing with the Village Clerk/Treasurer the written approval of the Village Police Chief in consultation with the Fire Chief for the specific driveway gate and gate location that is proposed; and if such approval is denied, the special exception is thereby denied.
[Amended 6-11-2013 by Ord. No. 2013-04]
[3] 
If the rear of the applicant's lot abuts a neighbor's side yard, any proposed fence shall be an "open fence," unless the neighbor consents to an alternate type fence in writing.
[4] 
An ornamental fence or architectural screening device may be allowed anywhere on the property without a permit, provided the fence or screening device does not exceed 3 1/2 feet in height and is set back in its entirety 20 feet or more from all boundaries of the property.
[5] 
For purposes of this section, the side yard of any corner lot that abuts a road shall be treated as a front yard; however, if a building footprint is other than square or rectangular in configuration, the provisions of Subsection B(3)(h)[1] generally shall control over the provisions of this subsection.
[6] 
The provisions of this section, the limitations set forth herein, and the requirement for a permit shall not apply to:
[Amended 4-1-2012 by Ord. No. 2012-05]
[a] 
Lands owned by the state, school district, county, Village or any other publicly held land, where fencing is employed for sport or recreational purposes such as baseball diamonds, backstops, swimming pools, playgrounds or any other public recreational or safety purpose;
[b] 
Private athletic or country clubs, or cemeteries, employing such fencing for similar uses as stated herein;
[c] 
Dog kennels or runs less than 120 square feet, provided such fencing is located no closer to any lot line of the property than is allowed for a principal structure on the property;
[d] 
Private residential swimming pool fencing; or
[e] 
Tennis court fencing, provided such fencing is located no closer to any lot line of the property than is allowed for a principal structure on the property unless modified pursuant to § 745-10G(3).
[7] 
Notwithstanding the otherwise applicable height limitations stated elsewhere in this section, a fence may be constructed to a height of 11 feet from the finished lot grade on property in the D Business District or the adjacent single-family residential use district along a lot line which separates a large business use from such single-family residential use. For purposes of this exception, a large business use is defined as a use conducted in the D Business District for which 150 or more off-street parking spaces are available to the business. Such a fence may be constructed on the top of a berm, provided the berm is constructed in compliance with the requirements of this Code and all applicable laws, and further provided that the height of the fence shall be measured from the finished lot grade as defined in this section. This exception is intended to allow a fence to be constructed which will screen the large business use from the abutting single-family residential use.
(i) 
Maintenance. The owner, occupant or their agent shall keep all fences, architectural screening devices, walls, driveway gates and arbors structurally sound and maintained in a neat and attractive manner. The maintenance standards established in this section shall be enforced as provided in §§ 681-7 and 681-8 of the Village of Fox Point Code.
(j) 
Special exceptions. A special exception to the height, size, material, design, setback or other physical standards set forth in this subsection or to allow a driveway gate may, upon filing a written application, be considered by the Board of Appeals after a hearing. The application must include an accurate visual rendering of the proposed wall, architectural screening device, driveway gate or arbor, along with a written statement outlining the applicant's need for the same. Notice of hearing shall be given to all property owners within a radius of 500 feet of the property upon which the fence, wall, architectural screening device, driveway gate or arbor is proposed to be constructed and the notice shall include the visual rendering submitted by the applicant. The Board of Appeals may grant the request for a special exception upon finding that the property owner has shown clear and convincing evidence to believe that the applicant has a legitimate need for the special exception and that granting the special exception will not adversely affect the health, safety or welfare of the community or the immediate area where located and will not impede the purpose, spirit and intent of this section, in addition to such other specific findings as may be required by other subsections of this section. Every special exception granted by the Board of Appeals shall be conditioned upon the applicant submitting the visual rendering to the Village Building Board and receiving the Building Board's approval of the architectural appearance, design and construction materials for the proposed fence, wall, architectural screening device, arbor or driveway gate, taking into consideration the existing development on the lot and in the surrounding neighborhood, and if the Building Board denies the application, the special exception is thereby denied.
C. 
Garages. Garages in a residence district or on a lot where the principal use is single- or two-family residences shall conform to the following:
(1) 
Not more than one detached private garage structure shall be permitted on a lot. A detached garage is allowed without regard to whether or not there is also one or more attached garages on the premises. In the event there exists or is built a detached garage, only one other accessory detached structure shall be permitted, which structure shall be limited in size to 170 square feet. Notwithstanding the foregoing, as to lots in excess of 25,000 square feet, one additional detached garage or accessory structure shall be allowed for each additional 25,000 total square feet of lot size. All setback requirements and requirements of Chapter 756, Building Construction, must be satisfied in addition to any requirements of this provision.
(2) 
The floor area of garages shall be subject to all regulations of Chapter 756, Building Construction, as from time to time adopted.
(3) 
The side and rear yard provisions for a detached private garage on a lot less than the required minimum width of 80 feet in B and C Residence Districts may be reduced by three inches for every foot less than 80 feet of lot width but to not less than five feet.
(4) 
No detached private garage shall be located closer than 20 feet to the principal residence building on an adjoining lot.
(5) 
Subject to such other provisions of the Fox Point Code as may regulate the construction of structures, there is no limit on the number of attached garages for the private use of the resident.
D. 
Temporary structures.
(1) 
Any temporary structure over 500 cubic feet in bulk shall require a building permit, except as follows:
[Amended 6-11-2013 by Ord. No. 2013-04]
(a) 
No building permit is required for the placement of a trash receptacle for purposes of disposing demolition materials from a building or structure on the property in conjunction with a project for which a building permit has been issued, subject to the following. Such trash receptacle shall not be placed prior to the issuance of a building permit, or prior to one week before commencement of demolition work, whichever is later. Such trash receptacle shall be removed within one week of completion of the demolition work, or when the work is suspended for more than seven days, or when the building permit expires or is terminated, whichever occurs first. Notwithstanding the foregoing, the Village Building Inspector may impose more restrictive requirements regarding trash receptacles as a condition of the building permit, which must be stated on the building permit when it is issued, or may be added by the Building Inspector after the permit is issued if the use of a trash receptacle was not shown in the plans submitted with the building permit application.
(2) 
Every temporary structure shall comply with the front, side and rear yard requirements of the district in which it is located, except that such structure may be permitted anywhere on the lot with the approval of the Village Manager where in his opinion such structure where proposed to be located would not be detrimental to general community aesthetic values or enjoyment of use of adjoining properties.
(3) 
Appeal from the decision of the Village Manager may be taken to the Board of Appeals.
(4) 
No person shall build, place, or maintain any portable outhouse, privy vault, surface privy, dry closet, septic tank, or other moveable method of sewage disposal or cause the same to be built, located, placed, or constructed on any lot or premises within the Village limits except as follows:
[Added 3-13-2012 by Ord. No. 2012-03]
(a) 
The Village Building Inspector may grant permission in conjunction with the issuance of a building permit. Such permission shall be expressly set forth on the face of the building permit and shall terminate upon the Building Inspector's determination that the project for which the building permit was issued has been substantially completed, or the expiration, suspension, or revocation of the building permit by the Village, whichever occurs first.
(b) 
The Building Inspector or Village Manager may grant a permit to allow such temporary structure for a special event or other limited use, based upon a determination by the Building Inspector or Village Manager that restroom facilities are not otherwise available or that restroom facilities are available but are not reasonably adequate for the size of the expected assemblage. Application for a permit under this subsection shall be made on the application form provided by the Village and shall be accompanied by the fee as established by the Village Board from time to time. For purposes of this subsection, the Building Inspector and Village Manager shall consider the proximity of existing restroom facilities without regard to whether such facilities are subject to payment of a fee for their use.
E. 
Unenclosed storage.
(1) 
No camp, boat, house or other trailer, bus, boat, recreational vehicle, camp trailer on a truck, or truck over three-quarter-ton capacity may be stored or parked regularly on a lot in a residence district except within a garage or other enclosed storage structure except as hereinafter set forth:
(a) 
For the period extending from April 15 to October 31 of each year, the following type of vehicle may be parked unenclosed on the driveway of a lot in a residential district, provided it is in actual use during such period and is not merely being stored, and that when parked it is sufficiently far in from the street as to not interfere with the view of operators of vehicles on the street, or on an adjacent intersecting street:
[1] 
A camp trailer or boat on a trailer, in either case not exceeding 35 feet in length, and designed to be hauled by a passenger automobile.
[2] 
A recreational vehicle not exceeding 35 feet in length.
[3] 
A camp trailer on a pickup truck not exceeding three-quarter-ton capacity.
(b) 
Open storage of any such vehicle may be permitted at any time with the approval of the Chief of Police or designee if such vehicle is effectively shielded from normal observation from the street or adjoining properties by landscaping, walls or fencing, and provided such storage is not between any portion of the building and an abutting street. No such permitted storage shall by reason of the permissive grant have any future claim to legal nonconforming use rights and such permissive grant may be rescinded at any time for due cause.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(c) 
Parking a vehicle as permitted above or storage as permitted above does not authorize the use of any such trailer, boat or truck for the housing (sleeping and/or eating) therein of any person, and such housing is a violation of this chapter.
(2) 
Materials, equipment, supplies or waste.
[Amended 9-11-2012 by Ord. No. 2012-11]
(a) 
Definition. For purposes of this subsection, "materials, equipment, supplies or waste" shall mean the following: worn out or discarded material of little or no value, including but not limited to household appliances or parts thereof; machinery and equipment or parts thereof; vehicles or parts thereof; tools; iron, chain, brass, copper, tin, lead and other base metals; trailers, farm machinery and equipment or any parts thereof to be junked or demolished, taken apart or destroyed for salvage materials; lumber or building materials; rubbish, ashes, paper, dirt, stones, bricks, tin cans, boxes, barrels or other substances whatsoever; oil, kerosene, benzene, or other similar oil or oily substance or liquid; wood, brush, and any form of discarded vegetation; yard trimmings, grass clippings, foundry sand and industrial waste of any kind or description; sewage material removed from septic tanks and dry wells used in connection with sewage disposal systems; or any similar materials which constitute health, fire or safety hazards or which contribute to a blighting influence upon the immediate or surrounding area or other unsightly debris.
(b) 
Prohibition; exceptions. No unenclosed storage of materials, equipment, supplies, or waste shall be permitted where such storage may be viewed from a public street or another property, except as follows:
[1] 
Firewood. Firewood may be stored for use on the property as follows. Firewood must be neatly stacked and may be stacked not closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. "Fence" as used in this subsection shall not include hedges or other vegetation. Notwithstanding the foregoing, wood piles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.
[2] 
Lawn and garden items. Lawn and garden items that are in regular seasonal use may be stored outdoors provided they are neatly arranged on the property. Such items may include but not be limited to outdoor furniture, planters, flowerpots, and grills.
(c) 
Public nuisance. Violation of this Subsection E(2) is hereby declared to be a public nuisance.
(d) 
Nonexclusive authority. This subsection may be enforced by the Village Building Inspector, which shall be in addition to, and not to the exclusion or prejudice of, the matters enforced by the Village Building Inspector pursuant to Chapter 681, Property Maintenance, of this Code.
(3) 
In the case of such storage related to the construction, remodeling, or repairing of a building on the property, this regulation shall apply to items placed on the property and allowed to remain thereon more than one week prior to the commencement of such operation or more than one week after its completion.
F. 
Home occupations.
(1) 
Restrictions. A home occupation may be permitted in residential zoning districts in the Village, in single-family or multifamily dwellings, together with accessory uses incidental thereto, subject to the restrictions described in this subsection "Home occupation" is defined as an accessory use of a dwelling carried on by one or more members of the immediate family residing in the premises, which is incidental and secondary to the use of the dwelling for residential purposes and does not change the character of the residence so as to adversely affect the residential character of the neighborhood. Home occupations shall be limited to professional and nonmanual labor, or nonindustrial type uses, and shall not involve the use of machinery or equipment not generally found or maintained on residential premises. A home occupation shall be conducted with minimal disturbance, or it shall be minimally apparent from the exterior of the building that any type of business activity is taking place on the premises, and without materially increasing traffic, noise or pedestrian activity on the premises or the surrounding neighborhood. No sign relating to the home occupation shall be visible from the exterior of the building.
(2) 
Home occupation permit required. A home occupation shall be deemed a special use and shall require that an application for a home occupation permit be filed with the Building Inspector. A home occupation permit for a home occupation may be granted by the Building Inspector if he/she determines that such use shall not have an adverse impact on the residential aesthetics and residential character of the surrounding area. In making his/her determination, the Building Inspector shall consider, without limitation, the effects on the surrounding area of noise, pedestrian and motor vehicle traffic which may be generated by such use. A home occupation permit for a home occupation shall be subject to review every five years, or sooner if the Village receives a complaint concerning the use of residential property for home occupation purposes. A home occupation permit may be revoked upon a determination that the home occupation has adversely impacted the residential character of the surrounding neighborhood. Violation(s) of any portion of the Fox Point Code pertaining to noise, odors, hazardous materials and emissions generated as the result of a home occupation being conducted on a residential premises may serve as the basis for the immediate revocation or nonrenewal of a home occupation home occupation permit, as it is expressly intended that the impact of a home occupation on surrounding neighbors in any of the foregoing respects be of a far more minimal nature than is prohibited by the general regulations of the Village Code as to each of the foregoing matters.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Permit exception. Home occupations shall expressly be prohibited without permit, except home occupation activities conducted solely by a resident of the household via telephone or employing only computer, facsimile and copy-type services, and which have no employees, clients or visitors to the premises.
(4) 
Permit fee. A permit fee shall be paid at the time of filing the application for a home occupation permit, the amount of which shall be set by the Village Board from time to time.
(5) 
Appeals. The Building Inspector's determination to deny the application for or the renewal or revocation of a home occupation permit may, upon written application, be reviewed by the Plan Commission. Any denial of an application or nonrenewal or revocation of a home occupation permit to be heard by the Plan Commission shall not be heard until 14 days have elapsed from the date notice has been served, by first class mailing, to any and all surrounding residences or structures within 500 feet of the applicant's premises. The applicant shall bear the burden of identifying the property owners to whom notice shall be served and mailing the notice required hereunder. In making its determination whether to affirm or reverse the Building Inspector's determination, the Plan Commission shall take into consideration the same factors considered by the Building Inspector, including evidence or testimony of surrounding property owners. The determination of the Plan Commission shall be final.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 745-8 Time-share property restricted.

[Added 4-19-2010 by Ord. No. 2010-07]
A. 
Time-share property, as defined herein, shall be subject to all of the following requirements:
(1) 
The property must be owned in such a way, and must include such uses, so as to subject the property to the regulations of Chapter 707, Wisconsin Statutes; and
(2) 
The property must fully and strictly comply with the requirements of Chapter 707, Wisconsin Statutes at all times; and
(3) 
The use shall be subject to a PDO Planned Development Overlay zoning amendment being granted, in accordance with all of the rules and regulations of § 745-21 of this chapter, prior to commencing such use, and must fully and strictly comply with the same at all times.
B. 
Time-share property that does not satisfy the requirements of Subsection A of this section, above, is prohibited in the A-1, A-2, A-3, B and C Residence Districts in the Village of Fox Point. These regulations are intended to impose the same requirements upon property that is regulated by Chapter 707, Wisconsin Statutes, that are imposed upon physically identical property in the Village of Fox Point that is not in time share ownership.

§ 745-9 Condominium property restricted.

[Added 4-19-2010 by Ord. No. 2010-07]
A. 
Condominiums, as defined in Chapter 703, Wisconsin Statutes, shall be subject to all of the following requirements:
(1) 
The property must be owned in such a way, and must include such uses, so as to subject the property to the regulations of Chapter 703, Wisconsin Statutes;
(2) 
The property must fully and strictly comply with the requirements of Chapter 703, Wisconsin Statutes, at all times; and
(3) 
The use shall be subject to a PDO Planned Development Overly zoning amendment being granted, in accordance with all of the rules and regulations of § 745-21 of this chapter, prior to commencing such use, and must fully and strictly comply with the same at all times.
B. 
Condominium property that does not satisfy the requirements of Subsection A, above, is prohibited in the A-1, A-2, A-3, B and C Residence Districts in the Village of Fox Point. These regulations are intended to impose the same requirements upon property that is regulated by Chapter 703, Wisconsin Statutes, that are imposed upon physically identical property in the Village of Fox Point that is not in condominium ownership.

§ 745-10 Outdoor recreational areas and facilities.

Swimming pools, tennis courts, athletic fields, and other buildings or grounds used for leisure-time activities of a predominantly outdoor nature shall be permitted in those districts and subject to such regulations as are hereinafter designated.
A. 
General.
(1) 
No such use shall be permitted in any case where it shall create a nuisance, a hazard, or otherwise result in a substantial adverse effect on the surrounding property values or on the enjoyment of such property, or be in any other way detrimental to the general public welfare. Every reasonable effort shall be made to prevent such effect through control of lighting, attractive design and maintenance of structures, use of planting screens or attractive fences, careful placement on the site, and sensible regulation of use.
(2) 
Adequate provision shall be made for off-street parking consistent with the need generated by the facility.
B. 
Classification. For purposes of regulation, such uses shall be classified as follows:
(1) 
Public. Facilities owned and operated by a governmental agency for limited or general public use.
(2) 
Private commercial. Facilities owned and operated by an individual or group for profit as a business, whether or not open to general public use.
(3) 
Private noncommercial group. Facilities owned and operated by a group for exclusive use of the members of such group and their guests and not for profit as a business.
(4) 
Private residential. Facilities owned by the individual, located on the same or adjoining lot to his residence, and intended solely for the use of his family and guests.
C. 
Public facilities. Such facilities may be permitted in any district as a principal or accessory use subject to the procedure hereinafter set forth.
D. 
Private commercial facilities. Such facilities may be permitted in an Institutional District as an accessory use, and in a "D" Business or "E" Semi-Business District as a principal or accessory use subject to the procedure hereinafter set forth.
E. 
Private noncommercial group facilities. Such facilities may be permitted in any district as a principal or accessory use subject to the procedure hereinafter set forth.
F. 
Procedure. The following procedure shall be complied with before public facilities, private commercial facilities, or private noncommercial group facilities are permitted.
(1) 
The request for such use, together with site, building and operational plans, shall be submitted to the Village Board and shall be referred to the Plan Commission for its study and recommendation to the Village Board.
(2) 
Any active use area or structure shall conform to the appropriate open area, height, and front, side and rear setback requirements of the district in which located, provided, however, that in no case shall a swimming pool, athletic field, or game court be permitted closer than 100 feet to an adjoining property line of a property in a residence district.
(3) 
As a special exception, open area, height, front, side and rear setback requirements in effect pursuant to Subsection F(2) above may be reduced.
(4) 
In acting on a request pursuant to Subsection F(1) above or on the question of granting a special exception pursuant to Subsection F(3) above the Plan Commission shall take into consideration the requirements of Subsection A above and shall also consider whether or not the proposed use is compatible with the area, is in keeping with the unique residential character of the community, and would result in substantial adverse effect upon surrounding properties.
(5) 
The Plan Commission shall make its recommendation to the Village Board.
(a) 
The Village Board, taking into consideration the requirements above set forth and the recommendation of the Plan Commission, shall reject, grant, or grant with modification the request; provided that if the request includes a request for a special exception under Subsection F(3) above, it shall not be granted until after a public hearing has been held by the Village Board. Notice of such hearing shall be given as required for Board meetings, and in addition thereto, written notice shall be given to the owners of property abutting that on which the special exception would exist at least five days before such hearing by delivering such notice to a person of suitable age residing on the premises, or by mailing such notice to the person residing on the premises as appears in the records of the Village for sending water bills, or if vacant property to the person who appears as owner on the records of the Village for real estate taxes. If notice is given by mail, it shall be mailed not less than seven days before the meeting.
(b) 
The notice shall give the time and place of the hearing and describe the special exception that has been requested.
(c) 
After such hearing, the Village Board, applying the requirements above set forth, shall reject, grant or grant with modification the special exception requested.
G. 
Private residential facilities. Such facilities may be permitted as an accessory use in any district permitting residential use, subject to the following:
(1) 
Backboards shall comply with the setback regulations and shall be in such location or so screened by building or vegetation that it will not substantially adversely affect the value or reasonable enjoyment or use of adjoining property, and will not present an unattractive appearance from the street or adjoining property. The Village Manager shall determine that the provisions of this subsection are complied with before a building permit is issued.
(2) 
Any active use area or structure shall conform to the open area, height, and front, side and rear setback regulations of the district in which located except as is otherwise provided.
(3) 
In the case of tennis, badminton or other similar areas for court games where size and proper orientation limit suitable locations, the aforesaid regulations may be modified by the Village Manager upon his determination that, as the regulations are modified, the facility will not substantially adversely affect the value or reasonable enjoyment or use of adjoining property and will not present an unattractive appearance from the street or adjoining property. In addition to this general requirement, the following requirements must be met:
(a) 
The location as proposed is justified in terms of logical utilization of the site.
(b) 
In no case shall any portion of the court area be closer than five feet to a lot line.
(c) 
Appropriate landscaping shall be provided.
[1] 
The plan for such landscaping shall be submitted to and approved by the Village Manager as meeting these requirements. Such landscaping shall thereafter be continuously maintained in good condition, so long as such court continues in existence.
[2] 
The Village Manager may from time to time instruct the owner to make changes in or additions to the landscaping when the Village Manager determines that because of the use being made of the court or adjoining premises, changes or additions to the landscaping are necessary for continued compliance with these provisions. Such instructions shall be promptly complied with.
(d) 
In those cases where the Village Manager has modified the height or any setback requirement (front, side or rear), every enclosure around a court for the containment of balls or birds, etc., shall be as open as reasonably possible to permit the passage of light and air, provided that the Village Manager may permit a canvas or plastic windbreak on such court enclosure upon his determination that there will still be compliance with these provisions.
(4) 
The power here given to the Village Manager to modify regulations does not apply to the above regulations in respect to backboards.
H. 
Swimming pools. In addition to the foregoing, swimming pools shall be subject to the following:
(1) 
Pumps, filter, and heating equipment shall in no case be closer than 20 feet to a property line and shall be adequately housed or screened and muffled.
(2) 
Surfaced terraces, sundecks, and walks may be permitted no closer than five feet to a lot line where accessory to a private residential pool. In the case of public, private commercial or private noncommercial group pools, such accessory uses may be permitted no closer than 10 feet to a lot line.
(3) 
Reasonable precautions shall be taken to insure the safety of the pool area and to prevent it from becoming an "attractive nuisance." Pools other than those classified as "private residential" shall be completely fenced so as to prevent the unregulated entrance of young children to the pool area.
(4) 
Pools erected on top of the surface of the ground shall have the pool construction completely and adequately screened from the view of abutting properties by means of combined fence and landscape screen.
(5) 
Pools other than those classified as "private residential" or "private noncommercial group" shall conform to the following:
(a) 
Water supplied to the pool shall meet state standards for pure drinking water.
(b) 
Adequate provision shall be made for separate shower, lavatory, and dressing facilities for men and women which are well lighted, ventilated and properly equipped.
(c) 
Pool construction shall be of concrete, steel, or other material having an impervious smooth surface and approved by the Director of Public Works/Village Engineer.
(d) 
Pool shape, design, depth, and slopes shall be such as to promote safe control of the bathers in the pool.
(e) 
Inlets must be submerged and produce uniform circulation without "dead" spots.
(f) 
Outlets must be of ample size and located at the pool low points.
(g) 
Hose connections must be of ample size and pressure to clean all the pool area.
(h) 
Overflow gutters must surround the pool and have a pitch adequate to carry off all overflow.
(i) 
Adequate steps or ladders shall be provided to allow safe emergence from the pool and shall be made of impervious material, easily cleaned, and must not collect water or retain water.
(j) 
A suction cleaner must be used to remove sludge, sediment and other accumulations.
(k) 
Recirculation systems shall consist of pumping equipment, hair and lint catcher, filters, and all necessary fixtures and connections; must be capable of a six-hour turnover of water; and must include disinfecting equipment.
(l) 
All equipment must be accessible, satisfactorily located and the equipment room adequately drained.
(m) 
Each pool shall have available a pH and residual determination outfit.
(n) 
If used at night, the pool shall be adequately lighted.

§ 745-11 Districts; Official Zoning Map.

For the purpose of this chapter, the Village of Fox Point is hereby divided into the following basic zoning districts: A-1, A-2, A-3, B and C Resident Districts; D Business District; E Semi-Business District, and F Institutional District. In addition to the basic districts, there is hereby created PDO, Planned Development Overlay District, and also Cultural Overlay District. Said districts are as shown and indicated on a map of the Village of Fox Point entitled "Official Zoning Map No. 21 of the Village of Fox Point." Said map is on file in the office of the Village Manager.

§ 745-12 District boundary lines.

The district boundaries are either lot lines, the center line of streets or alleys, or the extension thereof, and where the districts designated on the Official Zoning Map which is a part of this chapter are approximately bounded by lot lines, streets or alleys, the lot lines or center line of such streets or alleys or the extension thereof shall be considered to be the district boundaries. Where the district boundaries are not shown as being either lot lines, streets or alleys or the extension thereof, unless otherwise indicated, they shall be construed to be parallel to and 120 feet from the nearest street, provided that if a lot line or an alley shall hereafter be platted and recorded paralleling within 30 feet of such district boundary, such lot line or center line of such alley shall thereupon be construed as the district boundary. In such cases, where a district boundary line divides a lot in single ownership, and where the majority of such lot is in the district requiring the lesser restrictions, these restrictions shall prevail for the entire lot, provided the area of the land located in the district with the greater restrictions does not exceed the open area requirement of said district for the erection of the proposed building.

§ 745-13 A-1 Residence District.

A. 
Uses. In an A-1 Residence District, no building or premises, unless otherwise provided in this chapter, shall be erected or used except for dwelling, together with accessory uses incident to the permitted use, provided always accessory use does not constitute or become a public or private nuisance.
B. 
Areas and yards. In an A-1 Residence District, no building may be erected, enlarged or altered except in conformity with the following:
(1) 
The open area of a lot on which a dwelling is erected or proposed to be erected, together with the area of abutting land reserved for highway purposes, whether private or public, to the center line thereof, shall not be reduced to less than 40,000 square feet for each family. No building not erected for a dwelling shall occupy more than 10% of the gross area of the lot or exceed a height of 25 feet.
(2) 
A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereinafter provided for. Every building shall be set back from the center line of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the Official Zoning Map, except that the following reductions may be made for corner lots from the setbacks specified on the Official Zoning Map: five feet when width of lot is more than 80 feet but less than 90 feet; 10 feet when width of lot is more than 70 feet but less than 80 feet; and 15 feet when the width of lot is 70 feet or less; provided, however, that no setback will be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes.
[Amended 9-11-2012 by Ord. No. 2012-11]
(3) 
A side yard of not less than 20 feet shall be provided for on each side of every building, except that in the case of lots existing as of May 6, 1958, and less than 100 feet in width measured at the narrowest place adjacent to the location of the dwelling, the side yard may be reduced by 1/4 of the difference between said width and 100 feet; provided, however, that the side yard shall in no event be less than 15 feet.
(4) 
A rear yard of not less than 20 feet shall be provided for every building.
(5) 
Every lot on which a building is erected shall have a minimum width of 120 feet.
(6) 
No single-family residence built or existing in this district shall have a height greater than 35 feet above the lowest point of the lot grade abutting the structure, except if located in the A-1, A-2, A-3, or B District. Any single-family residence located in the A-1, A-2, A-3, or B District shall not have a height greater than 40 feet from the grade abutting the structure on the front side of the structure, with the exception in the A-1 District that, upon application to the Board of Appeals, the Board of Appeals may grant a special exception under the conditions as further set forth in this subsection. Any single-family residence located in the A-1 District and constructed on a lot of not less than 80,000 square feet in total area may apply to the Board of Appeals for a special exception from any height limitation upon the following criteria:
(a) 
Special exceptions to the height limitations as hereinbefore set forth may be granted by the Board of Appeals upon consideration of the following:
[1] 
Reasonable compatibility with the character of the immediate neighborhood.
[2] 
Whether there will be unreasonable interference with the aesthetics and scenic views of residences in the surrounding area.
[3] 
Compatibility of the overall size of the structure in relation to the size of the lot.
(b) 
For any special exception granted, an additional two feet of setback on all sides of the structure is required for each foot of additional height allowed.
(c) 
In no event shall the Board of Appeals grant a special exception allowing a height greater than 55 feet.
(d) 
For purposes of this subsection, the height of the building shall include the highest roof point of any interior portion of the structure which can be occupied, including but not limited to attic and storage structures and observatories which accommodate entry or occupancy by a person, but shall not include roof attachments such as chimneys, antennas or decorative cupolas.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(e) 
The special exceptions herein are not deemed to be variances from this chapter, but an allowed height upon satisfactory compliance with the foregoing conditions.
(f) 
The Clerk/Treasurer shall provide notice of Board of Appeals proceedings under this subsection to owners or occupants of properties the boundaries of which are within 500 feet of any boundary of the subject property.

§ 745-14 A-2 Residence District.

A. 
The provisions of this chapter in respect to an A-1 Residence District above set forth shall apply to an A-2 Residence District, except that the open area required by § 745-13B(1) above shall be 30,000 square feet; the side yard required by § 745-13B(3) above shall be 15 feet, and the width required by § 745-13B(5) above shall be 100 feet.
B. 
The height limitations of single-family residence structures shall be governed by § 745-13B(6).

§ 745-15 A-3 Residence District.

A. 
The provisions of this chapter in respect to an A-1 Residence District above set forth shall apply to an A-3 Residence District, except that the open area required by § 745-13B(1) above shall be 20,000 square feet; the side yard required by § 745-13B(3) above shall be 12 feet, and the width required by § 745-13B(5) above shall be 90 feet.
B. 
The height limitations of single-family residence structures shall be governed by § 745-13B(6).

§ 745-16 B Residence District.

A. 
Uses. In a B Residence District, no building or premises, unless otherwise provided in this chapter, shall be erected or used except for dwelling, together with accessory uses incident to the permitted use; provided always the accessory use does not constitute or become a public or private nuisance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Areas and yards. In a B Residence District, no building may be erected, enlarged or altered except in conformity with the following:
(1) 
The open area of a lot on which a dwelling is erected, or proposed to be erected, shall not be reduced to less than 15,000 square feet for each family. No building not erected for a dwelling shall occupy more than 20% of the gross area of the lot or exceed a height of 25 feet.
(2) 
A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereinafter provided for. Every building shall be set back from the center line of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the Official Zoning Map, except that the following reductions may be made for corner lots from the setbacks specified on the Official Zoning Map: five feet when width of lot is more than 80 feet but less than 90 feet; 10 feet when width of lot is more than 70 feet but less than 80 feet; 15 feet when width of lot is 70 feet or less; provided, however, that no setback will be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes.
(3) 
A side yard of not less than 10 feet shall be provided for on each side of every building.
(4) 
A rear yard of not less than 20 feet shall be provided for every building, except one of not less than 10 feet shall be provided for a building used for or classified as an accessory use.
(5) 
Every lot on which a building is erected shall have a minimum width of 80 feet.
(6) 
The height limitations of single-family residence structures shall be governed by § 745-13B(6).

§ 745-17 C Residence District.

A. 
Uses. In a C Residence District, no building or premises, unless otherwise provided in this chapter, shall be erected or used except for dwelling, together with accessory uses incident to the permitted use, provided always the accessory use does not constitute or become a public or private nuisance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Areas and yards. In a C Residence District, no building may be erected, enlarged or altered except in conformity with the following:
(1) 
The open area of a lot upon which a dwelling is erected, or proposed to be erected, shall not be reduced to less than 10,500 square feet for each family. No building not erected for a dwelling shall occupy more than 15% of the gross area of the lot or exceed a height of 25 feet above the proposed grade of the ground.
(2) 
A front yard of not less than 30 feet shall be provided for every building on a lot for which a setback is not hereinafter provided for. Every building shall be set back from the center line of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the Official Zoning Map, except that the following reductions may be made for a corner lot from the setbacks specified on the Official Zoning Map: five feet when width of lot is more than 80 feet but less than 90 feet; 10 feet when width of lot is more than 70 feet but less than 80 feet; 15 feet when width of lot is 70 feet or less; provided, however, that no setbacks will be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes.
(3) 
A side yard of not less than 10 feet shall be provided for on each side of every building.
(4) 
A rear yard of not less than 20 feet shall be provided for every building, except one of not less than 10 feet shall be provided for a building used for or classified as an accessory use.
(5) 
Every lot on which a building is erected shall have an average minimum width of 80 feet.
(6) 
The height limitations of single-family residence structures shall be governed by § 745-13B(6).

§ 745-18 D Business District.

A. 
Intent. This section is adopted for the promotion of the public health, safety and welfare such as to provide for adequate light, pure air, safety and ample parking facilities. It is intended that the uses specified in Subsection C shall be permitted, and the uses specified in Subsection D shall be conditional. It is further intended that site plan review is required for all conditional uses, per Subsection D(2)(e), and site plan review is required for all permitted uses and conditional uses when exterior work is proposed per Subsection E and § 745-19.
[Amended 6-11-2013 by Ord. No. 2013-04]
B. 
In a D Business District, no building, structure or premises shall be used nor shall any building or structure be erected, altered or enlarged except as provided below.
C. 
Permitted uses. The following uses are permitted in the D Business District:
(1) 
Business offices, defined as follows. A business office is use of a tenant space or building solely for administrative functions of an organization, with no retail or wholesale sales or services on site.
(2) 
Computer services, defined as follows: "computer service" is use of a tenant space or building for repair, maintenance and ancillary sales of computers, computer components, computer hardware and computer software, for retail customers.
(3) 
Financial service institutions, defined as follows. Financial services institutions are banks, savings banks, savings and loan associations, credit unions, and trust companies, as further defined and regulated by Chapter 404, Wisconsin Statutes, titled "Uniform Commercial Code - Bank Deposits and Collections," specifically excluding payday loan businesses, licensed lenders, pawnbrokers and community currency exchanges that are subject to licensure under § 138.09, 138.10 or 218.05, Wis. Stats., and institutions similar thereto.
(4) 
Offices of trade and professions licensed by a governmental agency, subject to the following limitations. For purposes of this subsection, trade offices are the use of a tenant space or building by an electrician, plumber, carpenter or person in a similar building or construction trade that provides licensed services off site within the Village and its environs. For purposes of this subsection, professional offices are the use of a tenant space or building by an architect, dentist, doctor, lawyer or other licensed person that offers services to people within the Village and its environs by a person with a degree from a four-year college or university that is listed on the U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs, or subsequent educational degree from such an institution, in a field closely related to the service offered.
D. 
Conditional uses.
(1) 
Uses. The following uses can be allowed by conditional use permit in the D Business District, pursuant to the conditional uses procedures described below:
(a) 
Bowling alleys.
(b) 
Dance, music or physical health studios.
(c) 
Gasoline service stations.
(d) 
Greenhouses.
(e) 
Hotels and motels.
(f) 
Personal wireless service facility (subject to criteria and procedures outlined in § 745-23).
(g) 
Premises licensed to sell alcoholic beverages.
(h) 
Restaurants except drive-ins.
(i) 
Retail and services stores except commercial sale or purchase of guns.
(j) 
Schools and day-care centers.
(k) 
Television, video and photo production studios.
(l) 
Theaters, except outdoor theaters.
(m) 
Video game arcades.
(n) 
Wholesale office or sample rooms.
(o) 
Other uses found to be substantially similar uses to those listed here by the Village Plan Commission.
(2) 
Application. The applicant shall furnish on an application provided by the Building Inspector for referral to the Plan Commission the following information:
(a) 
Name and address of owner and/or operator.
(b) 
The specific interest of the applicant in the property. If the applicant is not the owner, all owners must be listed and sign as co-applicants.
(c) 
Address and legal description of site.
(d) 
Current survey of site showing existing improvements, if any.
(e) 
Site plan of proposed project and, if requested, appropriate elevations, building and landscape information.
(f) 
Such additional information as may be required by the Building Inspector, Health Officer, Police Department, Plan Commission, or Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Fee. The applicant shall pay a fee set by the Village Board from time to time.
(4) 
Plan Commission recommendation. The Village Plan Commission shall review the application and make recommendations to the Village Board on the following areas:
(a) 
Whether conditions, if any, as found in Subsection D(5) should be recommended;
(b) 
Whether there will be compliance with all other provisions of this chapter, including Subsection F of this section, except if the project is deemed to be of superior quality by the Plan Commission. Then, in such cases, the front setback shall not be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes;
(c) 
Whether the approval of the application would impede the normal and orderly development and improvement of the adjoining properties or properties in the same D Business District;
(d) 
Whether adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(e) 
Whether adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets;
(f) 
Whether there will be compliance with all other applicable laws and regulations;
(g) 
Whether traffic entering or exiting the site is likely to endanger safety or cause congestion on nearby streets.
(5) 
Conditions. Conditions which may be imposed as deemed necessary by the Village Board shall include:
(a) 
Commencement, staging and completion dates.
(b) 
Types of construction.
(c) 
Landscaping.
(d) 
Planting or other screening.
(e) 
Parking.
(f) 
Fencing.
(g) 
Lighting.
(h) 
Hours of operation.
(i) 
Front, rear and side yard setbacks and whether parking within them is permitted.
(j) 
Operational plan.
(k) 
Highway access and loading provisions.
(l) 
Traffic circulation.
(m) 
Highway dedication.
(n) 
Deed restrictions.
(o) 
Sureties.
(p) 
Signs.
(q) 
Noise control.
(r) 
Special requirements characteristic to the use as may be deemed necessary to protect the aggregate property values of adjoining properties or the Village as a whole and/or to protect as provided in Subsection A above.
(6) 
Public hearing. A public hearing may be held by the Village Board in the event of a favorable recommendation by the Village Plan Commission to consider the application, the recommendations of the Village Plan Commission, and other pertinent information.
(7) 
Village Board action. After any public hearing, and after approval by the Village Board, the Village Board may authorize the Village staff to issue a conditional use permit with or without conditions after finding such conditional use or structure is in accordance with the purpose and intent of this section and any conditions shall be attached to the permit.
(8) 
Inspection. To ensure that the applicant has fulfilled the conditions for operation agreed to and made part of the conditional use permit, the Building Inspector may conduct a review within six months after the grant of the occupancy permit and report to the Plan Commission. If conditions are not being met, the Plan Commission shall do one of the following three: grant a continuation of time to achieve compliance, recommend a modification of the conditions, or recommend rescission of the conditional use designation to the Village Board. After the formal review period, the Building Inspector is empowered to review the subject Conditional Use at any time to ensure that the original conditions imposed on the use are being met. Failure to meet all conditions of the permit shall be cause for rehearing of the permit before the Plan Commission at which time the Plan Commission may recommend and Village Board approve or deny continuation of the conditional use.
(9) 
Limited exception for minor interior work. Separate conditional use approval is not required for an alteration to an existing building, structure or premises, if all of the following conditions are met:
(a) 
The use has been conditionally permitted by prior action of the Village Board;
(b) 
The approved use will not change as a result of the alteration;
(c) 
The total cost of the alteration as defined in Chapter 756 of this Code is $5,000 or less; and
(d) 
No prior alterations have been made since the date of the Village Board's approval of the use.
E. 
Plan review. To encourage a business environment that is compatible with the residential character of the Village, building permits that include any exterior work regarding permitted principal uses and conditional uses in the D Business District shall not be issued without site plan review and approval by the Village Board, pursuant to Subsection F of this section.
F. 
Regulation. In a D Business District, no building may be erected, enlarged or altered except in conformity with the following:
(1) 
Final site plans shall be submitted to and be subject to approval by the Village Board before a building permit shall be issued. Said site plans shall show the following: drainage, the location of all buildings, fences, walls, signs, lighting, installations, landscaped areas, off-street parking, and loading areas, the arrangement of internal and in-and-out traffic flow, and the relationship to immediately abutting streets and other property, all to be in conformity with the provisions of this chapter and other ordinances of the Village, and also in accordance with the following general principles as determined by the Village Board:
(a) 
The Village Board may choose to rely on the following considerations, without limitation:
[1] 
Buildings should not have a design or exterior appearance which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.
[2] 
Buildings should not have a design or exterior appearance which is so identical with those adjoining as to create excessive monotony or drabness.
[3] 
Buildings should not have any exposed facade that is not constructed or faced with finished materials which are aesthetically compatible with the other facades, and building facades should present an attractive appearance to the public and to surrounding properties.
[4] 
The facade which faces upon a street right-of-way should be finished with aesthetically pleasing materials.
[5] 
The relative proportion of a building to its neighboring buildings, to pedestrians and observers, or to other existing buildings should be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.
[6] 
Building rooflines and roof shapes. The visual continuity of roofs and their contributing elements (parapet walls, coping, and cornices) should be maintained in building development and redevelopment.
[7] 
Since the selection of building colors has a significant impact upon the public and neighboring properties, color should be selected in general harmony with existing neighborhood buildings.
[8] 
No building or sign should be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
(b) 
No building or use should have a negative impact on the maintenance of safe and healthful conditions in the Village.
(c) 
No articles, goods, material, finished or unfinished product, incinerators, storage tanks, refuse containers, or like equipment should be kept outdoors, exposed to public view, or exposed to view from adjacent buildings and property. Garbage and refuse containers should be screened from the street and from neighboring facilities. The Village Board may permit the outdoor display of product or merchandise upon finding that such display is essential to a business use.
(d) 
Buildings and uses should serve to implement the Village's existing and planned stormwater drainage systems.
(e) 
Buildings and uses should provide for safe traffic circulation and safe driveway locations.
(f) 
Buildings and uses should provide adequate parking and loading areas. No loading dock or overhead door shall face upon a street right-of-way unless a determination is made by the Village Board to allow the same due to extraordinary circumstances.
(g) 
Buildings and uses should be provided with adequate public services as approved by the appropriate utility.
(h) 
Buildings and uses shall make appropriate use of open spaces and the Village Board may require appropriate landscaping and planting screens.
(2) 
No building shall exceed two stories in height, excluding spires, towers, roofs or other architectural embellishments not usable for business purposes, provided that a balcony or mezzanine floor shall be considered as a story.
(3) 
No such permitted building shall be closer than 20 feet to any adjoining residence district, or closer than 10 feet to any lot line except in the case of "row" type buildings, where by mutual consent common walls are provided between adjoining buildings.
(4) 
Every building shall be set back from the center line of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the Official Zoning Map; provided, however, that no setbacks will be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes.
(5) 
The provision of any exterior lighting shall be subject to Chapter 670, Article XI, of this code regulating exterior lighting and any amendments thereto, or other ordinance enacted regulating exterior lighting.
(6) 
Unenclosed storage of merchandise, cartons, equipment, refuse or any other item which might detract from cleanliness, neatness and general attractiveness of the surrounding area shall not be permitted on the premises. Any enclosure provided for such purpose shall be subject to approval of the Building Inspector.
(7) 
Off-street parking and loading areas shall be provided as follows:
(a) 
At least five parking stalls for automobiles shall be provided for each 1,000 square feet of gross area of a building exclusive of storage areas.
(b) 
The dimensions for parking spaces and aisles shall be as follows:
[1] 
Ninety-degree-angle parking, two-way traffic: stalls nine feet by 19 feet; aisles 25 feet wide.
[2] 
Sixty-degree-angle parking, one-way traffic: stalls nine feet by 21 feet; aisles 18 feet wide.
[3] 
Forty-five-degree-angle parking, one-way traffic: stalls nine feet by 20 feet; aisles 14 feet wide.
[4] 
Ninety-degree-angle parking, one-way traffic: stalls nine feet by 19 feet; aisles 22 feet wide.
(c) 
In addition to the required parking stalls, adequate driveways or space required for movement of automobiles on such parking area shall be provided.
(d) 
A lesser or greater number of parking stalls may be recommended by the Plan Commission on taking into consideration the location of the parking area, the type and use of building which the parking area is to serve, and other parking areas available in close proximity to the area being considered. Such recommendation will be effective only on approval by the Village Board.
(e) 
Such off-street parking area shall be surfaced and maintained reasonably dustless in accordance with standards prescribed by the Director of Public Works/Village Engineer and shall be adequately lighted when in use. In no case shall any portion of the paved parking area be closer than 20 feet to any adjoining residence district or to any street line lying between the business district and residence district, and said 20 feet shall be landscaped and maintained in an attractive manner.
(f) 
An off-street parking area, in addition to the defined off-street parking area, having an area at least 10 feet wide by 25 feet long and with a minimum fourteen-foot height clearance shall be provided for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of building area used for commercial purposes.[2]
[2]
Editor's Note: Original Subsection (7)(g), regarding application for building compliance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
Vehicular access driveways shall be subject to the following regulations:
(a) 
The location and design of all vehicular access driveways from the public street to the premises shall be approved by the Director of Public Works/Village Engineer on the basis of providing reasonable service to the premises with the minimum interference to the normal, safe, and efficient movement of traffic and avoiding possible nuisance or adverse effect on the surrounding residential area.
(b) 
No vehicular access drives shall be permitted along that portion of a street where the opposite frontage is zoned exclusively for residential purposes, except where no other access is possible.
(9) 
Adequate screening shall be provided under the circumstances and in the manner as follows:
(a) 
Screening shall be provided along any property line adjoining a property zoned in a Residence District, and along that portion of a street where the opposite frontage is zoned in a Residence District.
(b) 
Such screening shall be of such a nature as to attractively and effectively screen from ordinary view the commercial operation and shall be subject to approval of the Director of Public Works/Village Engineer.
(c) 
If the screen is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such plant varieties as to provide adequate visual screening within no more than two years and during all seasons of the year.
(d) 
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such fence or wall to create an attractive view from the residential side. Any wall or fence shall be not less than four feet nor more than six feet in height.
(e) 
Where the screen is for a parking area, it shall be sufficiently opaque to prevent the penetration of headlight glare.

§ 745-19 E Semi-Business District.

A. 
Uses. In an E Semi-Business District, no building or premises shall be used nor shall any building or other structure be erected, altered or enlarged which is arranged, intended or designed to be used for any purpose except for the business purposes, exclusive of residential uses, hereinbelow set forth:
(1) 
Administrative and public service offices.
(2) 
Professional offices.
(3) 
Real estate and insurance offices.
(4) 
Studios for photography, painting, music, sculpture, dance, or other recognized fine art.
(5) 
Banks, savings and loan, investment houses or other financial institutions.
(6) 
Subject to approval of the Plan Commission as being compatible to the restrictive character of the district:
(a) 
Any other office not involving on the premises the retail sale or the manufacture, assembly, warehousing or distribution of goods.
(b) 
Personal service facilities, such as beauty shops, travel agencies, funeral homes, and interior decorators.
(7) 
Accessory uses customarily incident to any of the above permitted uses.
B. 
Regulation. In an E Semi-Business District, no building may be erected, enlarged or altered except in conformity with the following:
(1) 
The provisions of § 745-18F shall apply and be complied with.
(2) 
In keeping with the restrictive character of this district, the buildings erected therein and the treatment of site shall be subject to the following general standards:
(a) 
All facades of buildings shall be covered with finished facing material and shall be designed with adequate consideration of aesthetic appearance from rear and sides.
(b) 
The grounds surrounding the building shall be attractively landscaped and maintained.
(c) 
A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing an application that is required by this subsection or Subsection A.

§ 745-20 F Institutional District.

[Amended 3-12-2013 by Ord. No. 2013-01]
In the F Institutional District, no building or premises shall be used, nor shall any building be constructed or enlarged, and no exterior alterations shall be made to an existing building which is arranged, intended, or designed to be used for any purpose except in conformity with the following.
A. 
Permitted uses. The following uses are permitted in the F Institutional District, subject to the limitations and conditions of Subsection B below.
(1) 
Dwelling and residential uses accessory thereto as and when permitted in a B Residence District.
(2) 
Buildings and adjoining grounds for:
(a) 
Schools and municipal purposes, including storage yards;
(b) 
Church services, exclusive of graveyards;
(c) 
Social clubs or lodges, except those the chief activity of which is a service customarily carried on as a business;
(d) 
Community recreational, cultural and social service purposes operated on a not-for-profit basis; and
(e) 
Including accessory uses incident to and reasonably necessary for the furtherance of any of the above permitted uses.
(3) 
Convalescent or nursing homes or similar institutions for the accommodation of the aged or infirm.
B. 
Limitations, conditions and procedure.
(1) 
Written application for the use, construction or enlargement of premises or a building or for exterior alterations to an existing building shall be made to the Village Board, accompanied by such building plans, sketches, renderings, and site plans as the Board determines reasonably necessary to form an opinion. A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing the application.
(2) 
The Village Board shall refer the application to the Plan Commission. The Plan Commission shall study such application and shall hold a meeting jointly with the Building Board. After such study and joint meeting, the Plan Commission shall make its report to the Village Board advising the Village Board whether or not the Plan Commission considers that the standards have been met. The standards to be applied are:
(a) 
Appropriate in the location proposed;
(b) 
Compatible with the neighborhood;
(c) 
Not detrimental to the property values of surrounding property; and
(d) 
In keeping with the residential character and quality of the Village.
(3) 
If the Plan Commission reports that in its opinion any one or more of the above standards have not been met, and the Village Board on motion duly adopted agrees with this report, then the application shall be considered denied.
(4) 
If the Plan Commission reports that in its opinion the above standards have been met, or if the Plan Commission has reported that in its opinion any one or more of the above standards have not been met and the Village Board has not agreed with the report of the Plan Commission, then the Village Board shall schedule a public hearing on the application.
(5) 
Notice of such public hearing shall be given by publication at least once in the official newspaper of the Village and by mailing a copy of such notice to all property owners who own land abutting on the site or across a street from the site, not less than five days prior to the hearing. Mailing shall be to the last known address of the respective property owners as appears from the records of the Village.
(6) 
If after such public hearing it shall appear to the Village Board that the standards above set forth have been met, the application shall be approved; otherwise, it shall be denied.
(7) 
The Plan Commission may recommend and the Village Board (whether or not recommended by the Plan Commission) may condition its approval upon the compliance with such requirements as appear reasonably necessary to ensure compliance with the above standards.
(8) 
Although the Plan Commission and Building Board are required to meet jointly, they shall act separately, and action by the Plan Commission and subsequent action by the Village Board shall in no way control or affect action by the Building Board in respect to the application for a building permit as is provided in this Code.
C. 
Exceptions. No review pursuant to Subsection B is required in the following limited circumstances:
(1) 
For an alteration to the interior of an existing building or structure.
(2) 
For an alteration to an existing building, structure or premises, if all of the following conditions are met:
(a) 
The use has been approved by prior action of the Village Board;
(b) 
The approved use will not change as a result of the alteration;
(c) 
The total cost of the alteration as defined in Chapter 756, Building Construction, of this Code is $5,000 or less; and
(d) 
No prior alterations have been made since the date of the Village Board's approval of the use.
D. 
Regulation. In an F Institutional District, no building may be erected or enlarged, and no exterior alterations shall be made to an existing building, except in conformity with the following:
(1) 
Dwelling and accessory buildings shall conform with the provisions of § 745-16B.
(2) 
Off-street parking areas shall be provided for nonresidential buildings subject to the following:
(a) 
At least 117 square feet of parking area shall be provided for each seat on the basis of the posted or (in the case of proposed construction) the proposed seating capacity for a church, club, lodge, or hall for assembly. The parking square footage includes the area used for parking stalls and the driving areas between and at the end of rows of parking areas; it excludes the driveways leading into the parking area from streets, structures, other parking areas, etc. The dimensions for parking spaces and aisles shall be as follows:
[1] 
Ninety-degree-angle parking, two-way traffic: stalls nine feet by 19 feet; aisles 25 feet wide.
[2] 
Sixty-degree-angle parking, one-way traffic: stalls nine feet by 21 feet; aisles 18 feet wide.
[3] 
Forty-five-degree-angle parking, one-way traffic: stalls nine feet by 20 feet; aisles 14 feet wide.
[4] 
Ninety-degree-angle parking, one-way traffic: stalls nine feet by 19 feet; aisles 22 feet wide.
(b) 
In order to eliminate daily on-street parking around areas in which children are present and to eliminate on-street parking and loading of school buses, the following rules are adopted:
[1] 
One parking space for employees, including teachers (part- and full-time), administrators (part- and full-time), and support staff (part- and full-time);
[2] 
One and one-half parking spaces shall be provided per classroom to allow for visitor parking;
[3] 
One space shall be provided for every five students 16 years and older;
[4] 
Sufficient off-street parking spaces shall be provided for the safe and convenient loading and unloading of students as determined by the Director of Public Works/Village Engineer and Police Department based on the following criteria:
[a] 
Number of buses normally used;
[b] 
The time schedule of the buses;
[c] 
The size of the buses; and
[d] 
The traffic patterns.
[5] 
The applicant shall indicate proposed location for future parking if the need arises as determined by the Police Department;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[6] 
The parking square footage includes the area used for parking stalls and the driving areas between and at the end of rows of parking areas; it excludes the driveways leading into the parking area from streets, structures, and other parking areas, etc.;
[7] 
The dimensions for parking spaces and aisles shall be as follows:
[a] 
Ninety-degree-angle parking, two-way traffic: stalls nine feet by 19 feet; aisles 25 feet wide.
[b] 
Sixty-degree-angle parking, one-way traffic: stalls nine feet by 21 feet; aisles 18 feet wide.
[c] 
Forty-five-degree-angle parking, one-way traffic: stalls nine feet by 20 feet; aisles 14 feet wide.
[d] 
Ninety-degree-angle parking, one-way traffic: stalls nine feet by 19 feet; aisles 22 feet wide.
(c) 
Such off-street parking area shall be surfaced and maintained reasonably dustless in accordance with standards prescribed by the Director of Public Works/Village Engineer and shall be adequately lighted when in use.
(d) 
No portion of the parking area or of any driveway shall be closer than 15 feet to an adjoining residence district or the lot line of any lot on which there is an existing residence as of May 6, 1958, or closer than five feet to any street, or closer than 10 feet to any lot line, provided that by written mutual consent and agreement of owners of adjoining nonresidential property filed with the Building Inspector, this ten-foot setback may be reduced or eliminated, and no setback is required where a lot line abuts on property on which a railroad track is maintained.
(e) 
Where offset areas are required by Subsection D(2)(d) above, such areas shall be landscaped and kept free from refuse and debris, and screening provided in conformity with the following:
[1] 
Such screening shall be of such nature as to attractively and effectively screen from ordinary view the parking area and shall be subject to the approval of the Director of Public Works/Village Engineer.
[2] 
If the screening is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such plant varieties as to provide adequate visual screening within no more than two years from the date of its planting and during all seasons of the year.
[3] 
Where architectural walls or fences are used, sufficient landscaping shall be used in connection with such fence or wall to create an attractive view from the abutting property or street, and any wall or fence shall be not less than four feet nor more than six feet in height.
[4] 
Such screening shall be sufficiently opaque to prevent the penetration of headlight glare.
[5] 
Such screening may be eliminated between adjoining parking areas by mutual agreement of the adjoining property owners executed in writing and filed with the Building Inspector.
(3) 
The location and design of all vehicular access driveways from the public street to the premises shall be approved by the Director of Public Works/Village Engineer on the basis of providing reasonable service to the premises with the minimum interference to the normal, safe and efficient movement of traffic and avoiding possible nuisance or adverse effect on the surrounding residential area.
(4) 
The provision of any exterior lighting shall be subject to Chapter 670, Article XI, of this Code regulating exterior lighting and amendments thereto or other ordinance enacted regulating exterior lighting.
(5) 
Whenever any building is erected or enlarged, or exterior alterations are made to an existing building, the use of the building must be one permitted by Subsection A, and the lot and said building shall meet the following requirements:
(a) 
The lot shall have a minimum street frontage of 140 feet measured along the street which said building faces.
(b) 
The lot shall maintain a side yard on each side of such building with a minimum width of 20 feet in respect to a building 40 feet or less in length, and the side yard on each side of said building shall be an additional one foot in width for every additional four feet of length of the building along the street on which the building faces. This side yard calculation shall exclude any incidental connecting corridors of only one story at the ground level that link together otherwise separate buildings or structures for the convenience of enclosed access and the purpose of which is limited to ingress and egress between the connected buildings.
(c) 
The building shall be placed and maintained on said lot.
(d) 
No such building shall cover more than 35% of the area of the lot on which it is erected or located.
(e) 
Every building shall be set back from the center line of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the Official Zoning Map; provided, however, that no setbacks will be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes.
(f) 
No institutional building built or existing in this district shall have a height greater than 35 feet above the lowest point of the lot grade abutting the structure, excluding, however, from this height limitation religious institutions and spires, towers, chimneys and nonfunctional architectural embellishments.
[1] 
For institutional uses, a special exception may be sought before the Board of Appeals from any height limitation, and the Board shall consider, without limitation by enumeration herein, the following:
[a] 
Reasonable compatibility with the character of the immediate neighborhood.
[b] 
Whether there will be unreasonable interference with the aesthetics and views from residences in the surrounding area.
[c] 
Compatibility of the overall size of the structure in relation to the size of the lot.
[2] 
In no event shall the Board of Appeals grant a special exception allowing a height greater than 45 feet.
E. 
Doctor's Park. Milwaukee County Doctor's Park, which is identified as Parcel Tax Key No. 0579999000, is located in the F Institutional District and is hereby zoned as a park, to the full extent and meaning of the words "zoned as a park" in § 59.17(2)(b)(3), Wis. Stats.
[Added 4-12-2016 by Ord. No. 2016-02]

§ 745-21 PDO Planned Development Overlay District.

A. 
Intent. The regulations of this district are intended to allow for greater flexibility, variety of use, and design freedom than would be permitted by the standard application of basic district regulations, in the case of tracts of land of suitable size and appropriate location, where the unified and planned development of such tract and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically satisfying and economically desirable development than would result from the application of basic district controls.
B. 
Application of regulations.
(1) 
The regulations herein set forth shall be made effective as an "overlay" of permitted use upon the basic district to permit the planned development pursuant to the provisions herein set forth.
(2) 
Individual uses and structures as permitted and regulated by the basic zoning district shall continue to be subject to the regulations as already established unless they are part of a proposed planned development.
(3) 
Individual uses and structures in a planned development shall not be subject to the specific building location, size, yard, lot size, and open space requirements of the underlying basic district but shall be subject to the regulations hereinafter set forth governing such project.
(4) 
Normal standards relative to road design or other engineering matters may be modified in a planned development consistent with good engineering practice.
C. 
Procedure.
(1) 
Pre-petition conference. Prior to official submittal of a petition for consideration of a planned project, the petitioner shall meet with the Plan Commission for a preliminary discussion as to the scope and nature of the proposed development. The applicant shall pay a fee as described in Chapter 63 of this Code prior to the pre-petition conference.
(2) 
Petition. Following the preliminary consultation with the Plan Commission, petition may be made to the Village Board by the owner, or his agent, of property proposed for such development for the approval of a specific project plan under the provisions of these regulations. Such petition shall be accompanied by the following information:
(a) 
A statement describing the general character of the intended development along with such other information as would be pertinent to a determination as to the suitability and desirability of granting the proposed planned development on the particular site.
(b) 
A general development plan of the project showing at least the following information and such additional information as may be required by the Plan Commission in a specific situation in sufficient detail to allow the Plan Commission and the Village Board to apply the criteria for approval as hereinafter set forth:
[1] 
An accurate map of the project area, including its relationship to surrounding properties.
[2] 
Statistical data on total size of project area, area of open space, density computation and proposed number of residential units, population analysis, market analysis, economic analysis, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
[3] 
The pattern of public and private roads, driveways, and parking facilities, and intended design standards.
[4] 
The size, arrangement, and location of lots or of proposed building groups.
[5] 
The type, size and location of structures.
[6] 
The location of sewer and water facilities, drainage facilities, stormwater retention or detention basins, and any and all plans to control or reduce flooding on the subject site, and from the subject site to any and all areas on or off the site, whether within or without the corporate limits of the Village.
[7] 
Architectural drawings and sketches illustrating the design and character of proposed structures.
[8] 
The location of recreational and open space areas and areas reserved or dedicated for public uses such as school, park, etc.
[9] 
General landscape treatment.
[10] 
Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes.
[11] 
General outline of intended organizational structure related to property owners' association, deed restrictions, and provision of services.
[12] 
Garbage, recyclable materials, yard waste, or hazardous material collection, storage and pickup facility plans.
(c) 
A general summary of financial factors such as value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price, and total anticipated development cost of the project.
(3) 
Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study and investigation, including informal hearing if deemed necessary. The Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the proposed development plans, and any changes or additional conditions applicable to such plans which it may feel necessary or appropriate.
(4) 
Public hearing. Upon receipt of the Plan Commission's recommendation, the Village Board shall before taking affirmative action to approve such petition hold a public hearing on the proposal. Notice for such hearing shall include reference to the consideration of the specific proposed project development plans.
D. 
Permitted uses.
(1) 
Any use permitted in the basic zoning district shall be permitted in a planned development.
(2) 
Attached single-family and multiple-family dwellings with appropriate quality and character may be permitted in a planned development.
(3) 
In addition to accessory uses permitted in the basic zoning district, such uses as a swimming or other recreational area, pavilion or similar use designed as an accessory amenity to the planned development may be permitted.
(4) 
When the planned development consists in whole or in part of residential units, each residential unit shall be occupied by only one family.
(5) 
The owner of property that is zoned for residential use and PDO Planned Development Overlay under this section may use a limited portion of such property for limited commercial office use upon initial and continuing compliance with all of the following requirements:
(a) 
The improvements to the subject property must include 250 or more residential dwelling units;
(b) 
No more than one unit of average size on the subject property shall be used for commercial office purposes, and such office operations are restricted to the interior of said unit;
(c) 
No exterior commercial sign(s) or interior sign(s) visible from the exterior shall be maintained on the subject property for the benefit of the commercial office purpose;
(d) 
The proposed commercial office use must not be incompatible with the residential use of the subject property as determined by the Village Board;
(e) 
The commercial office use must be owned and operated by the owner of the subject property;
(f) 
The requested office use must be expressly provided for within the development agreement required under Subsection F of this section or an amendment to such agreement that sets forth operational limitations, including, but not limited to, hours of operation and number of employees.
E. 
Basis for approval. The Plan Commission in making its recommendations and the Village Board in making its determination shall give consideration and satisfy themselves to the following:
(1) 
That the proposed development is consistent with the spirit and intent of this chapter, is in conformity with the general character of the Village and would not be contrary to the general welfare and economic prosperity of the Village or of the immediate neighborhood, but rather that the benefit from improved design of the resultant development justifies the variation from the normal requirements of this chapter through the approval of a planned development.
(2) 
That the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following the approval of the project, that the project appears economically sound, that the proponents of the proposed development have the financial capacity to carry out the project as proposed and intend to commence and complete construction within a reasonable time from the date of approval.
(3) 
That the size, quality and architectural design of all buildings within the project will be compatible with the general character of the Village and specifically to the surrounding neighborhood. To arrive at such determination, the recommendation of the Building Board shall be obtained prior to the Plan Commission's report to the Village Board. Approval of individual building plans by the Building Board is not supplanted by this section.
(4) 
That the specific project plans have been prepared with competent professional advice and guidance.
(5) 
That setbacks shall be maintained along any boundary street of the project area as required by the basic zoning district.
(6) 
That no building shall be permitted closer to a side or rear boundary line of the project area than required by the applicable side or rear yard requirements of the adjoining zoning district abutting along a side or rear property line of the project.
(7) 
That no building shall exceed the height limitation of the basic zoning district.
(8) 
In the case of proposed residential developments:
(a) 
That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character of the Village and where the economic impact of the development in terms of income levels, property values, and service demands is substantially as beneficial to the community as that which could be anticipated under the basic zoning.
(b) 
That the population composition of the development will not substantially alter adversely the impact upon school or other municipal service requirements as anticipated under the basic zoning.
(c) 
That the project will not create traffic beyond the capacity of the street system to serve it, and shall provide adequate off-street parking based upon the need generated by the development.
(d) 
That the total average residential density of the planned development based upon the specific design characteristics of the development proposed will be compatible with the previously stated criteria. Specifically, the allowable density for a given development shall be computed by dividing the gross area of the proposed development exclusive of existing public right-of-way by the appropriate density factor as follows:
[1] 
Single-family dwelling: 10,000 square feet per dwelling.
[2] 
Single family attached or multiple-family dwellings as follows:
[a] 
One-bedroom: 4,000 square feet per dwelling unit.
[b] 
Two-bedroom: 4,500 square feet per dwelling unit.
[c] 
Three-bedroom: 5,000 square feet per dwelling unit.
(e) 
Where the proposed development area includes more than one dwelling type, the density computation shall be made on the basis of the proportionate ratio involved. An increase in the computed allowable maximum density not to exceed 20% may be permitted as an incentive reward where in the opinion of the Plan Commission the character and quality of the development and of the amenities provided justify the additional density allowance.
(f) 
That the plan would result in the preservation of open land in a manner which would enhance the total environmental setting and desirability of the development and compensate for any reduction in individual lot area requirements which are allowed.
(g) 
That adequate guarantee is provided for permanent preservation of the residual common open land area resulting from the application of these regulations by private reservation, as an enhancement to the development.
(h) 
The common open area to be reserved shall be protected against building development by conveying to the municipality as part of the conditions for project approval an open space easement over such common open areas restricting them against any future building or use except as is consistent with that of providing natural or landscaped open space for the esthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Village Board following approval of building, site, and operational plans by the Plan Commission and the Building Board.
(i) 
The care and maintenance of such common open space reservations shall be insured either by establishment of appropriate management organization for the project or by agreement with the municipality for establishment of a special service district for the project area on the basis of which the municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case, the Village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the Village. The manner of assuring maintenance and assessing such cost to the individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.
(j) 
Ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the municipality and made a part of the conditions of the plan approval.
(9) 
In case of proposed commercial developments:
(a) 
That the economic practicality of the proposed development can be justified on the basis of purchasing potential, competitive relationship and demonstrated tenant interest.
(b) 
That the proposed development will be adequately served by off-street parking and truck service facilities.
(c) 
That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an effect upon the general traffic pattern of the area substantially incompatible with that anticipated under the basic zoning.
(d) 
That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not creating a substantially adverse effect upon the property values of the surrounding neighborhood.
F. 
Determination.
(1) 
The Village Board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the specific project development plan.
(2) 
The approval of a planned development shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character, or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the official submittal plan. Detailed construction and engineering need not necessarily be completed at the time the project is approved but the approval of such preliminary plans is conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.
(3) 
The developer shall enter into an appropriate development agreement, in recordable form, with the Village to guarantee the implementation and continued maintenance of the development according to the terms of the conditions established as part of the development plan approval. Any change or modifications to such approvals or the development itself shall be accompanied by an amendment to the development agreement in recordable form, which amendment shall leave in full force and effect all prior development contract terms not specifically amended. Such contracts shall be binding upon the developer's successors and assigns and shall run with the land.
(4) 
Any subsequent change or addition to an approved plan shall first be submitted for approval to the Plan Commission, and if in the Commission's opinion such change or addition is not substantial, it may recommend approval to the Village Board. If such change or addition is construed to be substantial, a public hearing shall be held prior to affirmative action by the Village Board on such recommendation.
(5) 
Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the Plan Commission and answer any such charge of noncompliance. If the Plan Commission finds the charges substantiated, they shall then submit to the Village Board recommendations as to specific steps to be taken to terminate the development as rapidly as possible if the situation is not satisfactorily adjusted within a specific period. Such a termination should be in a manner which will achieve the maximum degree of the intended development objectives consistent with environmental compatibility with the neighborhood and with the general welfare of the community.
G. 
Signage.
(1) 
Where the planned development is a residential use, signs for the purpose of identification of the development may be erected and maintained in conformity with the procedure, requirements and standards set forth in Chapter 540 for signs in an institutional district.
(2) 
Where the planned development use is commercial, signs or other devices for advertising the business conducted on the premises may be erected and maintained in conformity with the procedure, requirements and standards set forth in Chapter 540 for signs in a business district.
(3) 
Signs indicating that a lot, parcel of real estate, or building is for sale or lease or has been sold may be erected and maintained in conformity with the procedure, requirements and standards set forth in §§ 540-4 and 540-5, except that each for sale or lease sign may have a total area of not to exceed 32 square feet.

§ 745-22 Cultural Overlay District.

A. 
Uses.
(1) 
The basic zoning in a Cultural Overlay District continues in effect and any and all uses as authorized by such basic district continue to be authorized subject to the provisions of this chapter in respect to such basic district.
(2) 
In addition to uses authorized by the basic district, the following uses may be permitted in a Cultural Overlay District conditioned on compliance with the provisions of this section:
(a) 
Art gallery.
(b) 
Museum.
(c) 
Library.
B. 
Procedure. The procedure hereinafter set forth shall be followed before any use permitted by Subsection A(2) above is authorized. The applicant shall pay a fee described in Chapter 63 of this Code at the time of filing the application. There shall be filed with the Village Board:
(1) 
A statement describing the general character of the intended use under this section, including the days of the week and the hours of day that people will be permitted in the premises.
(2) 
An accurate map of the project area, including its relationship to surrounding properties.
(3) 
Statistical data on total size of project area, area of open space, and impact upon municipal services.
(4) 
The pattern of public and private roads, driveways and parking facilities.
(5) 
General landscape treatment.
(6) 
If a new building or addition or remodeling to an existing building is considered, then also architectural drawings and sketches illustrating the design and character of such proposed new building or addition or changes.
(7) 
General outline of the intended organizational structure related to ownership and operation of the project.
(8) 
Estimated financial factors, such as estimated cost of maintenance and operation and estimated source or sources of income.
(9) 
Such other information as the Village Board or the Plan Commission considers necessary to act under this section.
C. 
Referral to the Plan Commission. Upon receipt of the above material the Village Board, if it believes the proposed project might be acceptable, shall refer the matter to the Plan Commission for study and investigation. Such Commission, if it desires, may have a public hearing, formal or informal. The Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the proposed use, and any changes or conditions which it feels are necessary or advisable.
D. 
Public hearing. Upon receipt of the Plan Commission's recommendation, the Village Board may or may not approve the proposed use. Before taking action to approve such use, the Village Board shall hold a public hearing on the proposal.
(1) 
Notice of such hearing shall include reference to the consideration of the specific proposed project including a brief description thereof.
(2) 
Notice of such hearing shall be given by:
(a) 
Publication once each week for two weeks, the first such publication to be not less than three weeks prior to the date of the hearing, and
(b) 
Mailing a copy of such notice to the owner of each lot or parcel of real estate that is within 500 feet of the lot or parcel of real estate on which the proposed use will be exercised. Such mailing shall be made not lets than three weeks prior to the date of the hearing. The owners of lots or parcels of real estate to whom notice is to be given shall be determined from the records of the Village for the levying of real estate taxes.
E. 
Basis for approval. The Plan Commission, in making its recommendation, and the Village Board, in making its determination, shall give consideration to and satisfy themselves as to the following in respect to the proposed use:
(1) 
That the proposed development is consistent with the spirit and intent of this chapter; is in conformity with the general character of the Village, and would not be contrary to the general welfare and economic prosperity of the Village or the immediate neighborhood.
(2) 
That the project appears economically sound and that there are or adequate arrangements have been made to reasonably assure the continued maintenance of the development.
(3) 
That the contemplated use will not:
(a) 
Cause material depreciation in property values in the immediate neighborhood, nor
(b) 
Materially adversely affect the use and enjoyment of property in the immediate neighborhood.
(4) 
The setbacks will be maintained along any boundary street of the project area as required by the basic zoning district.
(5) 
That no building will be permitted closer to the side or rear boundary line of the project area than required by the applicable side or rear yard requirements of the adjoining zoning district abutting along a side or rear property line of the project.
(6) 
That no building shall exceed the height limitation of the basic zoning district.
(7) 
That the project will not create traffic beyond the capacity of the street system to reasonably serve it, and that there will be adequate off-street parking based upon the need generated by the proposed project.
(8) 
That the care and maintenance of the grounds and buildings comprising such project will be assured by the establishment of an appropriate management organization, or by the Village with the cost to be charged as a special assessment, and that the Village shall have the right to perform such maintenance work as it feels reasonably necessary to properly maintain the building and grounds, if this is not otherwise taken care of, and to levy the cost thereof as a special assessment. Any such special assessment shall be due and payable and collectible as all other special assessments, even though the property may be exempt from general real estate taxes, in whole or in part.
F. 
Determination. The Village Board, after due consideration, including consideration of the report of the Plan Commission, may reject the project or approve the project as originally proposed or approve it subject to certain changes, modifications, provisions and conditions as the Board considers reasonably necessary.
G. 
Deed restrictions; contract. The Village Board shall require that the owner of the property on which such project will be located and/or any organization involved in the management and operation of such project place on the property deed restrictions, or enter into such contract with the Village as the Village Board determines reasonably necessary to assure continued compliance with the provisions of this section, and containing such provisions and conditions as the Village Board deems proper to regulate the use and maintenance of any changes in the project. The Village Board may require both deed restrictions and a contract.
H. 
Change. No change or addition to any project approved under this section shall be made without being first submitted to the Plan Commission for its report to the Village Board and then approval by the Village Board.
(1) 
As a condition to the approval of any such requested change or addition to a project previously approved, the Village Board may require so much of the procedure for original approval of a project to be followed as it determines reasonably necessary in order to make a determination as to the proposed change or addition and may require modified or additional deed restrictions to be recorded or an amendment to an existing contract or a new contract, or both such deed restrictions and contract.
(2) 
If in the opinion of the Village Board a material change or addition is proposed, the Village Board shall hold a public hearing in respect thereto and give notice thereof as provided by Subsection D above prior to giving approval to the proposed change or addition.
I. 
Building Board. Approval of a project pursuant to this section does not affect the necessity of approval by the Building Board in respect to any new construction or remodeling and the design and placement of any sign on the premises.

§ 745-23 Wireless telecommunications mobile service facilities.

[Amended 12-10-2013 by Ord. No. 2013-10]
A. 
Purpose. This section is intended to regulate mobile service facilities to the full extent allowed by Wisconsin Statutes § 66.0404 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 Wisconsin Statutes § 66.0404 or other applicable laws.
B. 
Definitions. All terms used herein shall have the meaning described in Wisconsin Statutes § 66.0404(1). Mobile service support structures and mobile service facilities are referred to herein in some cases as "MSSF."
C. 
New towers and facilities. The siting and construction of new mobile service support structures and facilities shall be subject to the following requirements:
(1) 
Application process. The applicant shall submit a written application which shall include all of the following information:
(a) 
The name and business address of, and the contact individual for, the applicant.
(b) 
The location of the proposed tower.
(c) 
The location of the mobile service facility.
(d) 
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.
(e) 
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.
(2) 
Determination of completeness within 10 days of submittal. The Village Building Inspector 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 Building Inspector 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 it is complete.
(3) 
Conditional use review procedure. The MSSF shall be a conditional use, and shall be reviewed pursuant to the following procedures:
(a) 
Plan Commission review. After an application and all required information has been filed, the Plan Commission shall review the matter and shall make a recommendation to the Village Board.
(b) 
Fee. Any petition 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 petitioner. Such fee shall not exceed the limits established by Wisconsin Statutes § 66.0404(4)(d).
(c) 
Determination. The Village Board shall hold a public hearing, upon Class 2 notice as described in Chapter 985, Wisconsin Statutes. The Village Board shall make a decision on the application within a reasonable time after receipt of the Plan Commission recommendations, provided further that final action shall be taken within 90 days of receipt of a complete application unless the time extended by the petitioner. 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. A grant of conditional use status, subsequent changes or additions thereto and terminations thereof shall be recorded as follows:
[1] 
An official record of such conditional grant shall be prepared by the Village Clerk/Treasurer on a form prescribed therefor which shall include the description of the use for which the grant is given and all conditions attached thereto. A copy of the completed form shall be recorded at the Milwaukee County Register of Deeds as a covenant on the title for the premises for which the conditional use was granted.
[2] 
The occupancy permit shall be appropriately noted as to the conditional status granted.
[3] 
Indication shall also be made on the Zoning Map by appropriate code number or symbol.
(4) 
Requirements.
(a) 
Siting standards.
[1] 
AMSSF shall:
[a] 
Be substantially screened from public view and rights-of-way by trees, mature vegetation, natural features or structures on the subject property;
[b] 
Be completely camouflaged in a manner that is architecturally compatible with the structure on which it is mounted and integrated as an integral architectural element of the structure; or
[c] 
Not contain guyed towers or lattice towers.
[2] 
The screening required in this section may exist on the subject property or be installed as part of the proposed MSSF or a combination of both.
[3] 
No MSSF shall be located on a site containing a dwelling, nor be closer than 500 feet from a property line of an existing dwelling. No MSSF shall be closer than 500 feet from the property line of a vacant lot or vacant parcel in a residentially zoned district or a school, except as follows: The minimum setback from dwellings and schools may be reduced to no less than 100 feet for communications facilities that are up to 100 feet in height that are located on lots that have existing public utility, state, federal, Milwaukee County, or Village government structure(s) at the time of the application, and provided further that the Board finds in its consideration of the conditional use order that this reduction is appropriate and consistent with the intent of the Code under all of the facts and circumstances presented.
[Amended 10-13-2015 by Ord. No. 2015-03]
[4] 
A MSSF shall be set back from all property lines a distance equal to the height of the MSSF and comply with any other zoning setback requirements, 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. The front, side, or rear setbacks, building size, open space requirements, and use limitations of Chapter 745, may be modified by the Village Board in its consideration of the application and the standards of § 745-23, and shall be determined by the grant or denial of the conditional use permit. Due to the constraints of § 66.0404, Wis. Stats., and other laws, the conditional use approval procedures of this § 745-23 shall be the exclusive zoning approval procedure for a new or substantially modified MSSF, eliminating the need for any other procedural reviews or approvals described in Chapter 745, including but not limited to the review and approval procedures described §§ 745-18, 745-19 and 745-20; although the intent of such sections may be considered to the extent that they are relevant to the standards of this § 745-23.
[Amended 10-13-2015 by Ord. No. 2015-03]
[5] 
A side-mounted MSSF shall not project more than 42 inches from the side of a non-dwelling unit facade, shall not extend above the highest point of the roof of the structure and shall be screened and camouflaged as required herein. The MSSF shall not project into an easement, driveway or setback unless otherwise specified in the conditional use permit.
[6] 
An equipment cabinet shall be located within or adjacent to the structure on which a MSSF is placed, or located below natural grade underground, if site conditions permit and if technically feasible. An equipment cabinet shall be completely screened from view by compatible wall, fence or landscaping consistent with Village landscaping guidelines, except that an equipment cabinet larger than 144 cubic feet may not be required to be totally screened from view if the Village Board finds, at its discretion, that the cabinet has been designed with a structure or facade, materials, colors or detailing that effect a structure which emulates the residential character of the area.
[7] 
A security barrier shall be screened from view through the use of appropriate landscaping materials consistent with Village landscaping guidelines.
(b) 
Design standards. The following design criteria apply to consideration of a conditional use permit for a MSSF, in addition to others which may be identified and utilized by the Village Board in its consideration of the conditional use permit or amendment thereto:
[1] 
Appearance. The degree to which the MSSF "blends with" or "disturbs" the setting, the subject property and its character and use, or neighboring properties and their character and use; and to the extent allowed by law, the Village shall consider the cumulative visual effects of MSSFs and any mount, specifically their appearance or domination of the skyline, natural and structural features or terrain, in determining whether to approve a conditional use permit;
[2] 
Form. The degree to which the shape of the MSSF and any equipment cabinet relates to its surroundings;
[3] 
Color. A MSSF shall be in natural tones and a nonreflective color or color scheme appropriate to the background against which the MSSF would be viewed from a majority of points within its viewshed. "Natural" tones are those reflected in the natural features and structural background against which the MSSF is viewed from a majority of points within its viewshed. Final colors and color scheme must be approved by the Village Board;
[4] 
Size. The silhouette of the MSSF shall be reduced to minimize visual impact.
[5] 
Materials. Materials will be durable and maintain their aesthetic appearance.
(c) 
Noise and environmental standards.
[1] 
To the extent allowed by law, the following noise and environmental standards apply to consideration of a conditional use permit for a MSSF in addition to the monitoring requirements of this section:
[a] 
MSSF shall not generate noise in excess of 50 decibels (dba).
[b] 
An environmental assessment is required by the National Environmental Policy Act (NEPA) for any MSSF prior to commencing operations where any of the following exist: wilderness area; wildlife preserve; endangered species; historical site; Indian religious site; floodplain; high intensity white lights in residential neighborhoods. An environmental assessment which, at a minimum, conforms with FCC requirements shall be submitted to the Village for each MSSF where any of the above exists, and when the FCC requires such an environmental assessment to be submitted to the FCC. If the applicant has determined that an environmental assessment is not required pursuant to FCC rules, this article and applicable state law and Village Code, a written certification to that effect must be submitted to the Village. If an application has not included an environmental assessment that the Village finds to be necessary under the National Environmental Policy Act, the Village may prepare, or cause to be prepared, such an environmental assessment at the applicant's expense. The environmental assessment shall be amended or revised by the applicant within 30 days after notice to do so from the Village when modifications are made or occur on the MSSF. Failure to amend or revise shall constitute grounds for revocation of the conditional use permit or amendment.
[2] 
Within 90 days after the approval of the conditional use permit, and annually from the date of approval of the permit or amendment, the permittee shall submit existing and maximum future projected measurements of noise from the MSSF for the following:
[a] 
Existing MSSF: maximum noise from the MSSF.
[b] 
Existing MSSF plus cumulative: maximum estimate of noise from the existing MSSF plus the maximum estimate of noise from the total addition of co-located MSSFs.
[c] 
Certification, signed by an acoustical engineer, stating that noise measurements are accurate and meet Subsection C(4)(c)[2](a) above.
(d) 
Co-location and limitations.
[1] 
A permittee shall cooperate with other personal wireless service carriers in co-locating antennas and mounts, provided the proposed co-locators have received a conditional use permit for the use at such site from the Village. A permittee shall exercise good faith in co-locating other personal wireless service carriers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities).
[2] 
All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal. Applicants choosing to construct a new mobile service support structure must provide an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location. Such explanation shall include a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible ; or is economically burdensome to the mobile service provider.
[3] 
Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit.
(5) 
Permit limitations and general conditions.
(a) 
In addition to the general authority of the Village to review a conditional use permit, the conditional use shall be reviewed in each of every fifth year after the date of permit approval. Continuation of the use after each such review shall be specifically conditioned upon continued compliance with all existing regulations affecting the MSSF.
(b) 
The conditional use permit shall become null, void and nonrenewable if the permitted facility is not constructed and placed into use within one year of the date of Village Board permit approval, provided that the conditional use permit may be extended one time for six months if construction has commenced before expiration of the initial year.
(c) 
The permit shall expire and the permittee must remove the MSSF if the use is discontinued for a period in excess of 90 days in any three-hundred-sixty-five-day period. A permittee shall notify the Village in writing at least 30 days prior to abandonment or discontinuance of the conditional use permit.
(d) 
If the conditional use permit expires, terminates, is abandoned or revoked for any reason pursuant to this section, if removal of the MSSF is required in this article, or if the use is discontinued pursuant to this section, the MSSF shall be removed as required herein. If the MSSF is not so removed, the Village may cause the facility to be removed and all expenses of removal shall be paid by the owner of the land where the facility is located. If not paid by the owner within 30 days of notice by the Village, the Village's costs shall be charged against the property pursuant to Wisconsin Statutes Section 66.0627, and shall constitute a lien against the subject property. The term "remove" shall include but not be limited to the following:
[1] 
Removal of antenna, equipment cabinet, security barrier from the site;
[2] 
Transportation of the antenna, mount, equipment, equipment cabinet or security barrier to a location off-site; if the location is within the Village limits, it is subject to approval by the Village.
[3] 
Restoration of the site of the MSSF to its natural condition, except that any landscaping and grading shall remain in finished condition.
(e) 
The permittee(s) and the personal wireless service carrier shall jointly and severally warrant and represent to the Village and its residents the safety of the MSSF. The personal wireless service carrier and the permittee(s), upon granting of a conditional use permit or amendment for a MSSF use, shall indemnify, protect and hold harmless the Village, its officers and agents and residents, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney fees (collectively "liabilities") incurred by the Village arising directly or indirectly from: the MSSF use as contemplated herein and within the conditional use permit; and the installation and operation of the MSSF. The personal wireless service carriers' compliance with this section is an express condition of the conditional use permit and is binding on any and all of personal wireless service carriers or permittee(s) successors and assigns. The requirements of this section shall survive the termination of any such permit or amendment.
(f) 
The permittee shall carry a commercial general liability insurance policy with limits of liability not less than $1,000,000 general aggregate, $1,000,000 personal injury and $1,000,000 each occurrence. Permittee shall also carry umbrella liability insurance with limits of liability not less than $10,000,000 each occurrence, $10,000,000 aggregate. Coverage under either policy shall not contain a standard form pollution exclusion, nor shall it exclude claims or suits that arise from the effects of electromagnetic fields or radiation, if such coverage is available. The maximum deductible shall be $5,000 per occurrence.
(g) 
The permittee shall maintain the MSSF to standards that are imposed by the Village at the time of granting of a permit or amendment thereto. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the permittee fails to maintain the facility, the Village may undertake the maintenance at the expense of the permittee or terminate or revoke the permit, at its sole option. If such maintenance expense is not paid by the owner within 30 days of notice by the Village, the permittee agrees that the Village's costs shall constitute a lien upon the subject property upon its execution and filing with the county recorder's office.
(h) 
A conditional use permit or amendment granted to a permittee is specific to the owner and personal wireless service carrier and may not be assigned; provided, however, that the personal wireless service carrier may assign its interest in the permit to any subsidiary or other affiliate of the personal wireless service carrier. In the event of such assignment, the assignee shall re-execute the conditional use permit or amendment thereto within 30 days of the effective date of the assignment or the permit shall automatically expire. Permittee shall notify the Village of any change in ownership or operations of the MSSF at least 90 days prior to such change taking place for approval by the Village, which approval shall not be unreasonably withheld.
(i) 
Where the Village Board finds that strict compliance with the requirements of this section may result in extraordinary hardship or are needed to ensure the Village's compliance with federal or state law, the Village Board may modify such requirements only upon a written showing by the permittee(s) of noncompliance with applicable law or extraordinary hardship so that substantial justice may be done and the public interest secured. "Hardship," as used herein, shall include, but not be limited to, a finding that special circumstances applicable to the property, including its size, shape, topography, location or surroundings, will deprive such property of privileges enjoyed by other property in the same classification in the same zoning district through the strict application of this chapter. In granting such modifications, the Village Board may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied and modified.
(j) 
Any violation of the terms of this section or the conditional use permit may result in revocation by the Village of the conditional use permit. The Village may revoke the conditional use permit upon 60 days' prior notice, if, in its sole judgment, it determines the MSSF poses a safety risk. If such safety risk(s) are not cured by the permittee within 60 days after notice from the Village, the Village may revoke or modify the conditional use permit. Acceptance of any portion of the conditional use permit is acceptance of the entire conditional use permit and the terms of this section.
(k) 
Within 90 days after issuance of the FCC operational permit, the personal wireless service carrier shall provide a copy of such permit to the Village and register the MSSF, providing information and data as may be requested by the Village. Any change in the permit or registration data shall be filed with the Village within 30 days after the change is made. The personal wireless service carrier shall submit to the Village a copy of its FCC Form 600 prior to the Village's approval of final inspection of a building permit for the MSSF or portion thereof.
(l) 
The Village and its agents are authorized to enter on the subject property and MSSF site for the purpose of inspection and determining compliance with this section and the provisions of the conditional use permit.
(6) 
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). 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.
D. 
Modifications. The construction of modifications to an existing mobile service support structure or mobile service facility shall be subject to the following requirements:
(1) 
Substantial modification.
(a) 
Application and review process. A substantial modification is regulated the same as a new structure or facility, as described in Subsection C above, except that the required plans should describe the proposed modifications, rather than describe the new structure or facility.
(2) 
Not substantial modifications.
(a) 
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:
[1] 
The name and business address of, and the contact individual for, the applicant.
[2] 
The location of the affected support structure.
[3] 
The location of the proposed facility.
(b) 
Completeness determination within five days. The Village Building Inspector 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 Building Inspector 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.
(c) 
Fee. Any petition 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 petitioner. Such fee shall not exceed the limits established by Wisconsin Statutes § 66.0404(4)(d).
(d) 
Determination. The Village Board shall make a decision on the application within a reasonable time after receipt of the Plan Commission recommendations, provided further that final action shall be taken within 45 days of receipt of a complete application unless the time is extended by the petitioner. 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.
(e) 
Limitations upon authority. The Village review and action in the matter shall be subject to the limitations imposed by Wisconsin Statutes § 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.

§ 745-24 Setback exceptions.

A. 
Where the side or rear yard of a lot abuts on the east right-of-way of I-43, the setback required for either such side yard or rear yard as provided by the zoning district in which said lot is located shall be maintained except as hereinafter provided.
B. 
On application to and approval by the Building Board, a building or structure for an accessory use may be located within the area otherwise required for a side yard or rear yard setback, provided it is not closer to the right-of-way line of I-43 than three feet, and landscaping adequate to shield such accessory building or structure from said right-of-way is planted and maintained.
C. 
Application for approval of the construction of such building or structure shall be made to the Building Board along with such drawing or plat as said Board considers adequate to show the proposed location of such building or structure, and also to show the proposed location and type of planting that will be made and maintained to shield such proposed building or structure from the right-of-way. If the Building Board determines such planting is adequate to so screen said proposed building or structure and the building or structure otherwise complies with the Code of the Village of Fox Point, it shall approve the construction of such accessory building or structure and the landscaping; otherwise, it shall disapprove. The planting approved for such screening shall be done not later than one year after the granting of a building permit for the building or structure, and after being planted shall be maintained in a neat manner, and in the event of the death of any such planting, replacement shall be made.
D. 
Failure to make the planting within the time herein provided or to maintain the same as herein provided shall constitute a violation of this section, and each day such condition continues to exist shall be a separate violation. In the event the Building Board determines that the planting does not meet the standards herein established, an appeal may be taken to the Board of Appeals as in other cases.
E. 
The Building Inspector shall not issue a building permit for the construction of a building or structure located as authorized by this section until the landscaping required by this section has been approved as above provided.

§ 745-25 Special exceptions at boundary of zoning district.

A. 
Where a use of property exists which is authorized in a zoning district (hereinafter referred to as "basic district") as a special exception, such use may be authorized to extend, not to exceed 40 feet, into property in a bordering zoning district (hereinafter referred to as "bordering district"), even though such use would not otherwise be permitted in the bordering district.
B. 
Application shall be made to the Village Board requesting such extension. Such application shall be in writing signed by the owner of the property in the bordering district and shall set forth the use which exists in the basic district and which it is desired to extend into the bordering district and the reason such extension is requested. A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing the application.
C. 
The Village Board shall refer such application to the Plan Commission for its consideration. The Plan Commission shall consider the matter and report to the Village Board making its recommendation as to whether or not such extended use should be authorized, and may recommend that such extended use be subject to conditions and safeguards which it considers necessary to or desirable for the public interest, and to meet the requirements of this section.
D. 
The Plan Commission in acting on the request shall take into consideration:
(1) 
Uses authorized in the basic district.
(2) 
The particular use existing on the property involved in the basic district.
(3) 
Uses authorized in the bordering district.
(4) 
The particular use existing on the property involved in the bordering district.
(5) 
The character and use requested for the extended use, including proposed buildings and traffic layout.
(6) 
The character and use of property and buildings in the vicinity of the property which would be subject to the extended use.
(7) 
Such other matters as the Plan Commission considers germane to the question.
E. 
The Plan Commission may recommend the authorization of the extended use if it is of the opinion that the extended use:
(1) 
Will not be injurious to the other properties in the neighborhood and will not interfere with the use and enjoyment of their property by persons residing or working on other property in the neighborhood;
(2) 
Will not cause a substantial depreciation in the property value in the neighborhood; and
(3) 
Will be in harmony with the general purpose and intent of this chapter.
F. 
On the receipt of the recommendation of the Plan Commission, the Village Board shall review the same and, applying the standards above set forth for the Plan Commission in considering the matter, shall make its own determination as to whether or not to authorize the extended use, and the Village Board may authorize such use or may deny it, or may authorize it subject to conditions and safeguards as above provided in respect to the Plan Commission in making its recommendation.
G. 
Before taking action to authorize such use, the Village Board shall hold a public hearing on the proposal.
(1) 
Notice of such hearing shall include reference to the consideration of the specific proposed extended use, including a brief description thereof.
(2) 
Notice of such hearing shall be given by:
(a) 
Publication once each week for two weeks, the first such publication to be not less than three weeks prior to the date of the hearing; and
(b) 
Mailing a copy of such notice to the owner of each lot or parcel of real estate that is within 500 feet of the real estate on which the proposed use will be exercised. Such mailing shall be made not less than three weeks prior to the date of the hearing. The owners of lots or parcels of real estate to whom notice is to be given shall be determined from the records of the Village for the levying of real estate taxes.
H. 
Any extended use so granted is limited solely to that use. If the use of the property in the basic district is changed, this does not authorize the changed use in the bordering district.
I. 
The above provision shall apply when the basic district is in another municipality, as well as when it is in the Village of Fox Point.
J. 
Discontinuance of an extended use for a period of six months or failure to comply with all conditions and safeguards specifically made applicable to the extended use shall be cause for termination of the authorization of said extended use. At least 15 days' notice shall be given to the owner of the real estate on which the extended use is authorized to appear before the Village Board and answer any charge of noncompliance. If the Village Board finds the charges substantiated, it may terminate the authority for such extended use.
K. 
Any person feeling aggrieved by the action of the Village Board in authorizing, including the authorization subject to conditions and safeguards, or refusal to authorize an extended use, or the termination of such authorization as provided in Subsection J above, may appeal to the Board of Appeals in the same manner provided by Wisconsin Statutes for appeals to the Board of Appeals.[1]
[1]
Editor's Note: Original Sec. 14.25, which immediately followed this section, was repealed 4-11-2006. See now § 745-4B.

§ 745-26 Modification of open area.

A. 
The open area, but not the setback requirement, for a lot in any residence district may be reduced as set forth herein, below the open area required by this chapter.
B. 
Application shall be made to the Building Board which, along with other papers required for a building permit, shall include a plat plan showing, among other things, the location of the proposed structure on the lot, all in such detail as the Building Board may reasonably require.
C. 
If the erection of the proposed structure will reduce the open area of the lot on which it is to be built more than 5% below the open area requirement for the lot, then the following additional obligations shall apply:
(1) 
The application to the Building Board shall include a plan, in such detail as the Building Board may require, showing: the location and type (Genus and species) of all trees six inches in diameter at breast height (dbh) or larger that are within the greater of the following areas (whether located on the subject parcel or elsewhere):
(a) 
Within 20 feet of the proposed structure; or
(b) 
Within an area that is affected in any manner by the proposed construction activity.
(2) 
Except as to any tree that is being removed, the "tree protection zone" of all trees that are three inches or larger dbh shall be preserved and protected from any disturbance, by the exclusion of all heavy equipment and heavy machinery. The tree protection zone shall be marked on the property. The tree protection zone shall mean that area around a tree trunk that extends vertically from the top of the tree canopy to 36 inches below ground level and horizontally in all directions from the outer edge of the tree trunk one foot for every inch of the tree's diameter at breast height (dbh).
(3) 
If any tree that the Village Forester deems to be desirable, and that is three inches or larger dbh, will be removed in conjunction with the construction, whether the tree is on public or private property, tree replacement is required. The Village Forester shall determine what replacement tree(s) is required. The replacement tree(s) required by the Village Forester shall have a total diameter at breast height (dbh) of 50% up to 100% of the total dbh of the removed tree(s). No replacement tree shall have a dbh of less than 1.5 inches.
D. 
The reduction of open area shall be authorized when the Building Board, after its examination of the application and accompanying documents and after viewing the site of the proposed structure, has found as a fact:
(1) 
That the reduction of open area of the lot resulting from the erection of the proposed structure will not cause a substantial depreciation of the property values of the neighborhood; and
(2) 
That the erection of the proposed structure will not reduce the open area of the lot on which it is to be built more than 15% below the open area requirement for the lot.

§ 745-27 Public utility buildings.

Any building any portion of which will be above the grade of the lot on which it is erected which will be used by a public utility may be erected in any district in the Village, provided the provisions of this chapter, except the purpose for which the building is to be used, are complied with, and provided further the application for the building permit is referred by the Building Inspector to the Plan Commission and the Plan Commission determines that the building, when erected, is reasonably necessary for the public convenience and welfare and in harmony with the general purpose and intent of this chapter, and the Plan Commission may authorize the issuance of a permit subject to appropriate conditions and safeguards to accomplish such purpose.

§ 745-28 Property not in specified district.

In the event that there is any land in the Village of Fox Point which, as shown by the Official Zoning Map or amendments thereto, is not included in a zoning district, or if the provisions of the ordinance placing any land in a zoning district are held invalid by a court of competent jurisdiction, either in its entirety or as to a specific lot, piece or parcel of land, then each such lot, piece or parcel of land shall be considered as in a C Residence District.

§ 745-29 Enforcement by Building Inspector.

It shall be among the duties of the Building Inspector of the Village of Fox Point to see that the requirements of this chapter are met and the provisions thereof enforced insofar as lies within his power under the laws of the State of Wisconsin and the ordinances of the Village of Fox Point. Appeals from the decisions of the Building Inspector involving this chapter shall be taken to the Board of Appeals as provided for in § 62.23(7)(e), Wis. Stats., and acts amendatory thereof and supplementary thereto.

§ 745-30 Filing plans and specifications.

A copy of the complete plans and specifications for the erection or alteration of any permanent structure within the Village of Fox Point, including sewage disposal and water system, with all information necessary for the completion of the work, together with a statement of ownership and a survey of the property showing thereon the exact location of all existing and proposed buildings and systems, shall be filed with the Building Inspector, but no such work shall be commenced by any person without first receiving a permit from the Building Inspector, who shall issue or refuse such permit in writing within 20 days after proper application therefor.

§ 745-31 Certificate of occupancy. [1]

No premises shall be occupied or used and no buildings now or hereafter erected or altered shall be occupied, used or changed until a certificate of occupancy shall have been issued by the Building Inspector of the Village of Fox Point stating that the building or proposed use of the building or premises complies with the provisions of the laws of the State of Wisconsin and the ordinances of the Village of Fox Point with respect to the health, building and zoning regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 745-32 Enforcement by peace officers.

Nothing in this chapter shall be construed to prohibit any officer of the Village of Fox Point with the powers of a peace officer from instituting proper proceedings for the restraint of violation of this chapter or the apprehension and punishment of a person violating any of the provisions of this chapter in the manner provided by law. Furthermore, the proper authorities or any adjacent or neighboring property owner who shall be specially damaged by violation of this chapter may, in addition to other remedies, institute an action or other proceeding pursuant to the provisions of § 62.23(7)(f), Wis. Stats., and all acts amendatory thereof and supplementary thereto.

§ 745-33 Continuing violations.

Each day during which a violation of this chapter exists, regardless of whether the violation occurred by reason of an act of commission or a mere failure to act or an act of omission, shall be deemed a separate and distinct offense.

§ 745-34 Violation and penalties.

A. 
Any person violating, disobeying, circumventing, neglecting or refusing to comply with or resisting the enforcement of any of the provisions of this chapter shall be guilty of violation of this chapter, and, upon conviction thereof, shall be subject to all provisions, remedies, and penalties as set forth in § 1-4 of the Village Code.
B. 
If any person shall sell, transfer or otherwise dispose of any portion of a lot subsequent to the application for and during the life of a building permit for the erection of a building upon said lot, issued pursuant to an application for such permit, or after the erection of a building whereby the area of said lot is reduced below the minimum requirement of this chapter, said person shall be guilty of a violation of this chapter and subject to the penalty therefor hereinabove provided.
C. 
No person purchasing land within the Village of Fox Point whereby the transferor violates this chapter as specified in § 745-30 may include the area of the land so purchased as a portion of his lot for the purpose of computing the area thereof on application for a building permit, except insofar as the land so purchased was in excess of the amount required by the transferor at the time of the transfer in order that the transferor's lot might comply with the minimum requirements of this chapter applicable thereto.

§ 745-35 Amendments.

This chapter may be amended from time to time following the procedure as provided by Wisconsin Statutes then in effect for amendment of zoning ordinances.

§ 745-36 Board of Appeals.

[Amended 8-10-2010 by Ord. No. 2010-12]
A. 
The Village President, pursuant to the Wisconsin Statutes, shall, subject to the confirmation by the Board of Trustees, appoint members and alternate members of a Board of Appeals with terms of office commencing April 1 and shall designate one of the members as Chairperson.
B. 
The Board of Appeals shall have all the powers and authority vested in such a board by § 62.23(7)(e), Wis. Stats., and all acts amendatory thereof and supplementary thereto.
C. 
In addition to the authority granted under § 62.23(7)(e), Wis. Stats., the Board of Appeals shall have the power and authority to grant a special exception from the dimensional requirements of this chapter where the Board of Appeals finds it necessary, based upon the facts of an individual case, to provide a reasonable accommodation to a disabled person, subject to the following. A special exception under this section may waive or modify the dimensional requirements of applicable zoning regulation(s) only to the extent reasonably required to provide a reasonable accommodation for the disability. A special exception shall not fundamentally alter the nature of a program (e.g., altering the fundamental purpose of the zoning regulation) or impose undue financial or administrative burdens on the Village of Fox Point. Dimensional requirements for which a special exception may be granted under this section are limited to open area, front yard, rear yard and side yard requirements of applicable zoning district regulations. A special exception granted under this section should generally expire upon the termination of the occupancy of the property by the disabled person, and the Board of Appeals may so condition the grant of the special exception and require the recording of a deed restriction setting forth the terms of the special exception and the termination thereof. For purposes of this section, "disability" shall be construed to have the meaning set forth in 42 U.S.C. § 12102, Title II of the Americans With Disabilities Act, and regulations pertaining thereto, as amended from time to time.
D. 
The Board of Appeals may adopt such rules or regulations with respect to the time of its meetings and the procedure at its meetings as it may deem appropriate and shall, subject to the Wisconsin Statutes applicable thereto, specify the procedure pursuant to which appeals shall be taken to it, be heard and disposed of by it. All rules or regulations adopted by the Board of Appeals shall be reduced to written form, and the original thereof, identified by signature of the Chairperson of the Board, shall be filed in the office of the Village Clerk/Treasurer.
E. 
Wherever in the ordinances of the Village of Fox Point reference is made to a Board of Appeals, it shall be deemed to refer to the Board appointed pursuant to this section of this chapter.
F. 
In Board of Appeals actions involving special exceptions and variances, in addition to any notice requirements under any applicable state or federal law, or as otherwise provided in the Village of Fox Point Code, the Village Clerk/Treasurer, or his or her designee, shall provide notice by first class mailing to the owners or occupants of all properties within 500 feet of the subject property at least 21 days prior to any hearing or proceeding.
G. 
A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing any application with the Board of Appeals.

§ 745-37 Variances.

As a special exception, where there is a violation of this chapter and no order or decision of the Building Inspector has been made in respect to such violation, application may be made to the Board of Appeals for variance, and the Board shall hear and decide such application as though it was an appeal from an order of the Building Inspector requiring compliance with this chapter.