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Whitefish Bay board allows 5 a.m. openings in District 11 via conditional-use permits
Summary
The Whitefish Bay Village Board approved Ordinance 1924 to let businesses in District 11 open at 5:00 a.m. by securing a conditional-use permit, a change prompted by a request from Starbucks and the Business Improvement District. Trustees said the permit route lets the village limit hours where noise or other nuisances are a concern.
The Whitefish Bay Village Board voted April 20 to amend the municipal code to permit businesses in District 11 to open at 5:00 a.m. if they obtain a conditional-use permit from the plan commission. Kelsey, a village staff member, introduced the ordinance after the village was contacted by Chelsea Adams and the business improvement district on behalf of Starbucks, which she said "would like to open at 5:00 because they have a lot of customers that come in right at 6:00 and really creates a bottleneck for them."
The ordinance (No. 1924) changes the operating-hours rules to allow early openings by conditional use rather than a blanket change. Supporters on the board said the conditional-use process preserves flexibility to deny early hours for specific uses that might generate noise, odor or other nuisances. "It allows the most amount of flexibility moving forward," Kelsey said, describing how the plan commission could deny requests tied to potential nuisance impacts.
Trustees asked whether deliveries would be covered by the change; staff clarified that operating hours are distinct from delivery schedules and that the conditional-use process focuses on business operations rather than delivery timing. Trustees noted past exceptions — exercise facilities, for example — and discussed how existing conditional permits would interact with any early-hours request.
A trustee moved to approve Ordinance 1924; the board seconded the motion and approved it by voice vote. The ordinance applies to individual businesses seeking earlier hours; each business must secure its own conditional-use permit and meet any conditions the plan commission imposes.
The manager and planning staff will implement procedural steps for conditional-use applications and provide applicants the checklist needed to pursue the change. The change applies only to District 11 and does not alter delivery rules or other code provisions not explicitly amended in the ordinance request.
