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 as Ch. 15 of the 1961 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management, erosion control and bluff regulation — See Ch. 285.
Floodplain zoning — See Ch. 724.
Zoning — See Ch. 745.

§ 738-1 Purpose.

In addition to the purposes stated in § 236.45, Wis. Stats., this chapter is further intended specifically to ensure that building sites within the Village of Fox Point shall be in conformity with the standards as prescribed by the zoning regulations of the Village.

§ 738-2 Applicability.

The provisions of this chapter shall apply to:
A. 
Any division of land which results in a subdivision as defined by Ch. 236, Wis. Stats.
B. 
Any other division of land except:
(1) 
Transfers of interest in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not less than the minimum sizes required by this chapter or other applicable laws or ordinances.
C. 
Recorded lots existing on June 25, 1957, which do not conform to the zoning regulations of the Village.

§ 738-3 Compliance with zoning regulations.

No lot shall be created by the division of land for the purpose of sale or building development which does not conform to the zoning regulations of the Village.

§ 738-4 Subdivision procedure.

[Amended by Ord. No. 497; 5-28-1991 by Ord. No. 91-579[1]]
No subdivision shall be recorded except pursuant to the provisions of Ch. 236, Wis. Stats., and the following regulations:
A. 
General procedure.
(1) 
The plat shall not be accepted by the Clerk/Treasurer for filing until it has been cleared by the Director of Public Works/Village Engineer as being in compliance with all applicable regulations and otherwise in order. The minimum fee shall be set by the Village Board from time to time.
(2) 
The date of filing shall be stamped on all copies of the plat and the plat shall be immediately referred to the Plan Commission, and if the plat has been submitted to the Village as the initial approving authority, the necessary copies shall be forwarded pursuant to § 236.12, Wis. Stats.
(3) 
The Plan Commission shall make its recommendation to the Village Board in sufficient time so that the Board may act to approve, approve conditionally or reject a preliminary plat and a final plat within the period of time provided by the Wisconsin Statutes then in effect.
(4) 
In order to ensure conformity with procedural and other requirements, it is recommended that the subdivider consult with the Village staff prior to preparation or submittal of a plat.
B. 
Preliminary plat.
(1) 
Prior to submittal of a final plat a preliminary plat shall be submitted to the Village for approval and shall be in sufficient detail, particularly with regard to street layout and lot arrangement, shape and size, to determine the acceptability of a final plat in conformity therewith.
(2) 
The preliminary plat shall be drawn at a scale of 100 feet to the inch and shall show contour lines at five-foot contour intervals.
(3) 
Two copies of the plat shall be provided in addition to any required for forwarding pursuant to § 236.12, Wis. Stats., one of which shall be retained in the Village files and the other returned to the subdivider with the record of the Village action.
C. 
Final plat.
(1) 
A final plat shall be prepared in conformity with the provisions of Ch. 236, Wis. Stats.
(2) 
A final plat shall not be accepted for filing unless it is in substantial conformity with a preliminary plat which has been approved by the Village.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 738-5 Land divisions other than subdivisions.

In the case of a division of land as described under § 738-2B of this chapter which division does not create a subdivision as defined by Ch. 236, Wis. Stats., a plat may be prepared in the same manner as for a subdivision, or a land division map shall be prepared in the following manner pursuant to § 236.45 of the Wisconsin Statutes:
A. 
General.
(1) 
A land division map prepared pursuant to this chapter shall require the approval of the Village Board before it is submitted to be recorded and shall be processed according to the procedure set forth in § 738-4 of this chapter, except that there are no other approving or objecting authorities to whom copies need to be sent.
(2) 
Following the necessary approvals, such land division map shall be recorded in the office of the register of deeds and all lots created thereby shall be described by reference to it by lot number and by volume and page of the book provided for that use, for all purposes, including those of assessment, taxation, devise, descent and conveyance as defined in § 706.01(4), Wis. Stats.
B. 
Preliminary land division map.
(1) 
Prior to submission of a final land division map a preliminary land division map shall be submitted to the Village for approval and shall be in sufficient detail, particularly with regard to street layout and lot arrangement, shape and size, to determine the acceptability of a land division map in conformity herewith.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The preliminary land division map shall be drawn at a scale of 100 feet to the inch, or at a larger scale when the Director of Public Works/Village Engineer determines that such larger scale will result in a more readable document, and shall show contour lines at five-foot contour intervals, provided that contour lines need not be shown if the Director of Public Works/Village Engineer, on the basis of information already in the Engineer's office, determines that contour lines are not necessary.
[Amended 1-17-1995 by Ord. No. 95-612]
(3) 
Two copies of the preliminary land division map shall be provided, one of which shall be retained in the Village file and the other returned to the subdivider with the record of the Village action.
C. 
Final land division map.
(1) 
A final land division map shall be prepared in the same manner as prescribed for a certified survey map by § 236.34, Wis. Stats., except that it shall not be limited to two parcels of land and may be drawn on a sheet 8 1/2 inches wide by 14 inches long or a sheet 16 inches wide by 14 inches long.
[Amended by Ord. No. 497]
(2) 
A final land division map shall not be accepted for filing unless it is in substantial conformity with a preliminary land division map which has been approved by the Village.

§ 738-6 Substandard lots.

In the case of a lot of record on June 25, 1957, which does not conform to the zoning regulations of the Village and which adjoins along a side lot line property held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a structure on such lot except in conformity with the following regulations:
A. 
The owner of such substandard lot may at any time prior to the proposed conveyance of such lot or request for building permit petition the Village for determination as to the status of such lot.
B. 
Such petition shall be referred to the Plan Commission for a study to determine the practical possibility of a redivision of such ownership to provide lots which will be in conformity with the zoning regulations of the Village.
C. 
The Plan Commission shall make its recommendation to the Village Board within 60 days of the date the petition was received and the Village Board shall act within 40 days to give the petitioner a determination.
[Amended by Ord. No. 497]
D. 
Such redivision may be accomplished as is most appropriate by:
(1) 
Vacation and replatting of all or a part of a recorded plat.
(2) 
Combining of lots or parts of lots.
(3) 
Redefining of lot lines by a land division map as provided in § 738-5.
E. 
For the purposes of this section, lots and property shall be considered in the same ownership when owned by the same individual or corporation; an individual and another in joint tenancy, or as tenants in common, and either of said joint or common tenants owns other lots individually or as joint tenant or tenant in common with another; when any of said lots are owned by an individual and other lots are owned by his spouse, parents, grandparents, children, grandchildren, or the spouse of any child or grandchild, or a brother or sister or spouse of a brother or sister of such person; and when any of said lots are owned by an individual and other lots are owned by a corporation in which said individual is an officer or director or controlling stockholder.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 738-7 Design standards.

Any division or subdivision of land subject to the provisions of this chapter shall be made in conformity with generally accepted standards of land subdivision practice; with the spirit and intent of the zoning and building regulations of the Village; with any other state law or local ordinances applicable thereto; and with the established character of the Village. Specifically, the following regulations shall apply:
A. 
General design standards.
(1) 
The design and location of streets shall be correlated to the overall plan of Village development with specific consideration of the relationship to other streets, to topographic conditions and natural terrain features such as drainage channels and existing tree growth, to public convenience and safety, to the proposed uses of land to be served by such streets, and to the engineering practicality and suitability of street design and construction.
(2) 
The size, shape, character and orientation of lots shall be appropriate for the type of development and use contemplated consistent with the zoning regulations of the Village.
(3) 
No division or subdivision of land shall be made which in the opinion of the Village Board would result in substantial damage to the property value of adjoining properties or be detrimental to the Village as a whole.
B. 
Division of land for business use.
(1) 
The division of land in a business district into smaller parcels or lots shall be done in a manner consistent with the orderly, unified, and attractive development of a business center.
(2) 
No division shall be permitted which in the opinion of the Village Board would result in the creation of a lot or the leaving of a remnant parcel which by reason of size, shape, character, orientation or relation to surrounding properties would be impractical or undesirable for permitted development. The Board shall consider in addition to any other pertinent factors the following:
(a) 
The ability to meet service and operative requirements such as off-street parking, loading and service areas, and safe and efficient ingress and egress.
(b) 
The adaptability to other potential or possible commercial use or to possible expansion of existing use.
(c) 
The effects on adjoining property of lighting, operational noise or activity, traffic movement, and visual appearance.
C. 
Division of land for residential use.
(1) 
The division of land in a residence district into smaller parcels or lots shall be done in a manner consistent with the semirural character of the entire Village and with its established objectives of quiet, attractive, semirural living, and which will preserve the established residential values of existing development in the immediate neighborhood.
(2) 
No division shall be permitted which results in the creation of a "back" lot or lots not having a reasonable amount of direct frontage on a public street or way, unless in the opinion of the Village Board the particular circumstances are such as to justify the practical necessity of division in the proposed manner and no appreciable detrimental effect to surrounding property values will result from such division.

§ 738-8 Variances.

Where in the judgment of the Village Board the literal application of the provisions of this chapter would result in unnecessary and undue hardship, it may, consistent with the intent and spirit of this chapter, waive or vary such provisions so that substantial justice may be done and the public interest secured.

§ 738-9 Penalties and remedies.

In addition to the penalties provided in this Code, the remedies provided by §§ 236.30 and 236.31, Wis. Stats., shall be available to the Village.

§ 738-10 Street width.

[Added 6-22-1965 by Ord. No. 327]
The Village Board may permit a street of a specified width less than 60 feet, after recommendation by the Plan Commission to the Village Board, when the Board, considering the location of the proposed street, the property it will serve, the zoning area in which it is located, the expected traffic density, the grade of the street and surrounding property, and the drainage requirements, determines that a street of less than 60 feet in width will be sufficient for adequate service.

§ 738-11 Requirements for lake bluff or ravine areas.

[Amended by Ord. No. 396]
Particular requirements in respect to a subdivision of land or a land division which includes any area on the lake bluff or the bank of a ravine shall be as follows.
A. 
Purpose to protect residents and property, aesthetics, and to preserve environmental corridors. The wooded faces of the bluff overlooking Lake Michigan and the wooded ravines which descend down to the shoreline or to North Beach Drive are among the most aesthetically attractive features in the Village of Fox Point. They also provide the environment and habitat for wildflowers and many species of bird and wildlife. That area has been included by the Southeastern Wisconsin Regional Planning Commission as an environmental corridor which ought to be preserved. In addition, the continuing erosion along Lake Michigan and the ravines tributary thereto, unstable soil conditions, and the pressure of underground water can alone or in combination cause the lake bluff or ravine banks to slide, leading to the partial or complete collapse of buildings. Accordingly, the Village establishes special requirements below governing the approval of a subdivision of land or a land division where any part of the area is on the lake bluff or the banks of a ravine. These requirements and the regulations in Article I of Chapter 285 of this Code are intended to protect the aesthetics, preserve the environmental corridor, and protect property, structures, and persons.
[Amended 9-12-1989 by Ord. No. 89-562]
B. 
Area limitation. No subdivision or any other land division shall be approved which includes any lot, a portion of which has an area on the face of the lake bluff or on the slope of the bank of a ravine, unless one of the following requirements is met in respect to such lot:
(1) 
In the opinion of the Village Board there is sufficient area of land in such proposed lot, exclusive of the area on the face of the lake bluff or the slope of the bank of a ravine, to permit the construction of a residence and appurtenant buildings which comply with all requirements of Chapter 745, Zoning, and all other ordinances of the Village of Fox Point; or
(2) 
The area and topography of such proposed lot, in the opinion of the Village Board, would make it possible to construct a residence and appurtenant buildings meeting the requirements of Article I of Chapter 285 of the Fox Point Village Code as now written, or as the same may be amended or modified from time to time. Area on the face of the lake bluff and the slope of the bank of a ravine will be included in determining the open area setback requirements of Chapter 745, Zoning.
C. 
All plats or land division maps for proposed lots to which this section applies shall show thereon or in a separate survey all of the information required on a plat or survey by Article I of Chapter 285 of this Code.
D. 
Even though a plat or land division to which this subsection applies has been approved, the provisions of Article I of Chapter 285 must be complied with in the erection of a building or structure on any lot or parcel of land included within said plat or land division.

§ 738-12 Compliance with floodplain regulations.

[Added by Ord. No. 436]
When applicable to the lands involved, the provisions of Chapter 724, Floodplain Zoning, of the Code of the Village of Fox Point shall also be complied with as a condition to the approval of any subdivision or other land division.