The jurisdiction of this chapter shall apply
to all structures, lands, water, air, and air space within the corporate
limits of the Village of Elm Grove.
No structure, land, water or air shall hereafter
be used or developed, and no structure or part thereof shall hereafter
be located, erected, moved, reconstructed, extended, enlarged, converted
or substantially improved without full compliance with the provisions
of this chapter and all other applicable local, county, state and
federal regulations.
Unless specifically exempted by law, all governmental
units are required to comply with this chapter and obtain all required
permits. State agencies are required to comply if § 13.48(13),
Wis. Stats., applies. The construction, reconstruction, maintenance
and repair of state highways and bridges by the Wisconsin Department
of Transportation are exempt from compliance when § 30.12(4)(a),
Wis. Stats., applies.
[Amended 7-22-2003; 4-26-2005]
Only the following uses and their essential
services may be allowed in any district.
A.
Principal uses specified for a district.
B.
Accessory uses and structures are permitted as specified
within the individual districts, but not until the principal structure
is present or under construction.
C.
Accessory structures in the nature of yard maintenance
buildings.
(1)
Preamble. It is the Village's opinion that, in general,
yard maintenance buildings located on or near property lines detract
from the overall ambience that makes Elm Grove unique. Therefore it
is the Village's strong preference that, if residents feel that a
yard maintenance building is necessary, the yard maintenance building
be designed to match and be located next to the principal structure
or garage.
(2)
Conditions and restrictions. Accessory structures
in the nature of yard maintenance buildings used for the storage of
garden and cultivating tools, lawn mowers, snow blowers, yard maintenance
equipment, pool equipment and similar tools and supplies shall be
allowed to be erected subject to the following conditions and restrictions:
(a)
All such structures shall be approved by the
Building Board only after application has been made on forms provided
by the Village.
(b)
A permit fee shall be required for each permit
as determined from time to time by the Village Board.
(c)
Any such proposed structure shall be approved
by the Building Board pursuant to criteria in § 335-88D(6)(c).
(d)
No existing yard maintenance building shall
be structurally altered or structurally repaired without obtaining
a building permit and complying with all applicable provisions of
the Village Code including, but not limited to, § 335-88D(6)(c).
D.
Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Village Plan Commission in accordance with § 335-86 of this chapter. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal use without further action of the Village. Changes to or substitution of conditional uses shall be subject to review and approval by the Plan Commission in accordance with § 335-86 of this chapter.
E.
Uses not specified in this chapter as permitted uses
are hereby declared to be prohibited. Unspecified uses that are similar
in character to principal uses permitted in the district may be permitted
by the Plan Commission upon a finding by the Plan Commission that
the desired use is not contrary to the intent of the district and
that such use will not otherwise violate any provisions of this chapter.
F.
Temporary uses, such as real estate sales field offices
or shelters for materials and equipment being used in the construction
of a permanent structure, may be permitted by the Plan Commission.
G.
No animals other than household pets shall be kept
or raised, and no kennels or hutches shall be maintained in the Village
of Elm Grove.
H.
Performance standards listed in Article VIII of this chapter shall be met with respect to all uses in any district.
I.
Preclusion of transient commercial use of residential property in
certain zoning districts.
[Added 12-19-2016]
(1)
Precluding transient commercial use of residential property in the
Village's Rs-1, Rs-2, Rs-3, Rs-4 and Rm-1 Zoning Districts is
found to be and deemed essential to the character, general health,
safety, morals and general welfare of the Village. The goals advanced
with the preclusion of transient commercial use of residential property
are:
(a)
Avoidance of vehicular traffic that is greater than normally
expected in the residential neighborhood.
(b)
Prevention of excessive noise, fumes, glare and vibrations generated
during the use of the residential neighborhood.
(c)
Reduction of the commercial use of residential property to maintain
residential property values.
(d)
Avoidance of the intensification of parking problems within
residential property districts.
(e)
Encouragement of a more permanent population within residential
property districts that facilitates and contributes to the more effective
delivery of public safety services.
(f)
Reduction of public safety problems within residential property
districts.
(2)
DWELLING UNIT
RESIDENTIAL PROPERTY
TRANSIENT COMMERCIAL USE OF RESIDENTIAL PROPERTY
VILLAGE
Definitions. For the purpose of this § 335-11I, the following words and phrases shall have the following definitions:
An area within a structure which a natural person can use
as a sleeping place.
Any property having a dwelling unit located within a zoning
district or underlying zoning district, in conjunction with a Planned
Development Overlay District, consisting of the following zoning districts:
Rs-1, Rs-2, Rs-3, Rs-4 or Rm-1.
Any use of residential property for which remuneration is
exchanged, such as compensation, money, rent or other bargained-for
consideration given in return for occupancy, possession or use of
real property and where the term of occupancy, possession or tenancy
of the property by any person allowed such occupancy, possession or
tenancy is less than 30 consecutive calendar days.
The Village of Elm Grove, Wisconsin.
(3)
The Transient Commercial Use of Residential Property by a natural
person or family is prohibited. Any property owner or natural person
or family who engages in acts contrary to this prohibition shall be
subject to prosecution.
(4)
Penalty.
(a)
Any person found guilty of violating § 335-11I, notwithstanding the general penalty provision contained in § 1-16 of this Code, upon conviction thereof shall forfeit not less than $150 or no more than 200% of the compensation of value received by the party in violation of this section for each such offense, together with the costs of prosecution, and, in default of payment of such forfeiture and costs, shall be subject to the alternate penalties provided for in Wis. Stats. § 800.095.
(b)
Each violation and each day or fraction thereof a violation
continues or occurs shall constitute a separate offense.
(c)
Nothing in this Code shall preclude the Village from maintaining
any action, including, but not limited to, injunctive relief, to abate,
prevent, or remove a violation of any provision of this Code.
(d)
Whenever any person fails to pay any forfeiture and costs of
prosecution as ordered by a court, such person shall be subject to
the alternate penalties provided for in Wis. Stats. § 800.095
from time to time.
[Amended 11-25-2003]
No land shall be used or structure erected where
the land is unsuitable for such use or structure by reason of flooding,
concentrated runoff, inadequate drainage, adverse soil or rock formation,
unfavorable topography or load-bearing strength, erosion susceptibility
or any other feature likely to be harmful to the health, safety, prosperity,
aesthetics and general welfare of this community. The Village Plan
Commission, in applying the provisions of this section, shall, in
writing, recite the particular facts upon which it bases its conclusion
that the land is not suitable for certain uses. The applicant shall
have an opportunity to present evidence contesting such unsuitability
if he/she so desires. Thereafter the Village Plan Commission may affirm,
modify or withdraw its determination of unsuitability.
A.
All lots shall abut upon a public street or have other
Village-approved access.
B.
All principal structures shall be located on a lot
and only one principal structure shall be located, erected or moved
onto a lot in all residential districts. The Plan Commission may permit
more than one structure per lot in other districts where more than
one principal structure is needed for the orderly development of the
parcel. When additional structures are permitted, the Plan Commission
may impose additional yard requirements, landscaping requirements
or parking requirements, or may require a minimum separation distance
between principal structures.
C.
Lot coverage. Maximum lot coverage by all buildings and impervious surfaces shall be set forth in the individual district regulations in § 335-17 through § 335-26 or as modified by a planned development overlay approval under § 335-30. Three percent may be added to the total maximum impervious surface coverage for an individual district through the use of permeable surfaces. However, the total amount of impervious surface may not exceed the square footage that would otherwise be permitted in the underlying zoning district.
[Added 3-24-2014]
(1)
Any lot that utilizes permeable surface to exceed the maximum allowable
impervious surface area for its zoning district shall be required
to submit a construction and site plan that includes the following
items:
(a)
A survey map and grading plan that indicates the location and
size of the area of permeable surfacing.
(b)
Specifications and design for permeable surface materials, substrate
base, hydraulic design and soil conditions.
(c)
An installation plan for the project.
(d)
An operation and maintenance plan that is consistent with the
manufacturer's original permeability specifications.
D.
No building permit shall be issued for a lot which
abuts a public street dedicated to only a portion of its proposed
width and located on that side thereof from which the required dedication
has not been secured.
E.
Lots abutting more restrictive district boundaries
shall provide side and rear yards not less than those required in
the more restrictive abutting district. The setbacks on the less restrictive
district shall be modified for a distance of not more than 60 feet
from the district boundary line so as to equal the average of the
street yards required in both districts.
F.
Buffer yard required. Any business or industrial use
that abuts a residential parcel shall provide a minimum buffer yard
of 20 feet between the business use and all single-family and two-family
residential districts. The purpose of the buffer yard is to screen
the business activity or multifamily residential activity from the
single- or two-family residential environment in such a manner that:
(1)
If a buffer yard is composed entirely of plant materials,
it shall be of sufficient depth and height and contain sufficient
plant species as to provide dense visual screening within two years
and during all seasons of the year.
(2)
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side. Any wall or fence shall not be less than four nor more than six and one-half feet in height and shall comply with the requirements set forth for fences in § 335-88D(8)(g) of this chapter.
(3)
Pursuant to § 335-32G, all public off-street parking areas which abut single-family residential development shall be provided with a continuous screen consisting of either dense landscaping or a wall of appropriate height, sufficiently opaque to prevent the penetration of headlight glare.
(4)
All landscaping shall be maintained by the owner or
operator to the satisfaction of the Building Board.
(5)
No lighting shall be permitted on or in any part of
the buffer yard, and no lighting installed elsewhere on the parcel
shall direct any rays onto adjacent residential properties.
(6)
No signs shall be permitted on or in any part of the
buffer yard.
G.
Downtown Overlay District site design guidelines.
(1)
Findings. The Village recognizes the importance of
a vital central business district, not only in terms of economic value
but also as an essential expectation of Village residents. The village
finds that the maintenance of a traditional "Village Center" theme
within a recognized Downtown Design Overlay District, incorporating
elements of neighborhood compatibility, land use diversity, pedestrian-friendly
design, empathetic building placement, use of high quality materials
and consideration for public safety, will address existing and future
needs and will best promote public health, safety, order, commerce,
and general welfare and will encourage efficiency and economy in the
process of development.
(2)
Authority. Pursuant to the provisions of Wis. Stats.
§§ 62.23(2) and 61.34(1), the Village hereby adopts
the Downtown District Site Design Guidelines (also known as the "Downtown
Design Guidelines"), dated July 2, 2003, and revised on August 7,
2003, as a stand-alone component of its Zoning Code which shall also
serve to augment any Village master plan. Pursuant to Wis. Stats.
§ 66.035,[1] the Village Board of Elm Grove hereby elects to enact
this section as part of the Zoning Code. This shall be accomplished
by referencing the Downtown District Site Design Guidelines through
its publication solely in pamphlet form without any publication in
conformity with Wis. Stats. § 61.50(1), provided a copy
of such pamphlet has first been made available for public inspection
in the office of the Clerk for a period no less than two weeks before
its enactment and thereafter remain permanently on file for such purpose.
Said Downtown District Site Design Guidelines may be amended from
time to time.
[1]
Editor's Note: Section 66.035, Wis. Stats., was repealed by
1999 Act 150, § 86, effective 1-1-2001.
(3)
Downtown Design Overlay District boundaries. The boundaries
of the Downtown Design Overlay District are hereby established as
shown on the map entitled "Downtown Design Overlay District," Village
of Elm Grove, Wisconsin, dated May 23, 2003, and revised on August
7, 2003; which map accompanies and is hereby made a part of this chapter.[2] Said map may be amended from time to time.
[2]
Editor's Note: For informational purposes,
a copy of the map and pamphlet version of the Downtown District Site
Design Guidelines, dated July 2, 2003, and revised on August 7, 2003,
is located in the office of the Village Clerk and may be examined
there during regular office hours.
(4)
Scope. This enactment of Downtown District Site Design
Guidelines and Downtown Design Overlay District boundaries shall not
repeal, abrogate, annul, impair, interfere or supercede any existing
zoning ordinances, permits, easements, covenants, or agreements between
parties or permits previously issued; provided, however, that where
the Downtown District Site Design Guidelines in any way impose standards
not required by other existing zoning ordinances, permits, easements,
covenants or agreements, the provisions of the Downtown District Site
Design Guidelines shall be used to supplement them.
(5)
Purpose. The general purpose of the Downtown District
Site Design Guidelines is to assist the Village staff, Plan Commission
and Building Board in reviewing proposed improvements within the Downtown
Design Overlay District boundaries to enhance the visual character
of the Downtown Design Overlay District and avoid monotony. These
guidelines are intended to foster sound, attractive, functional and
quality development. The guidelines shall be liberally construed in
favor of the Village of Elm Grove and shall be considered minimum
standards.
No lot, yard, parking area, building area or
other space shall be reduced in area or dimensions so as not to meet
the provisions of this chapter. No part of any lot, yard, parking
area or other space required for a structure or use shall be used
for any other structure or use.
Because the Village is almost fully developed,
with all residential lands being either a part of platted subdivisions
or defined through existing metes-and-bounds legal descriptions, and
because the Village is satisfied that the resulting development, density
and land uses generally provide the highest and best use of residential
land in the Village:
A.
Lots existing on the effective date of this chapter
shall not be divided except, with the approval of the Plan Commission
and pursuant to all applicable laws and ordinances then in effect,
provided that all minimum zoning requirements are satisfied. In granting
approval, the Plan Commission may consider the size and shape of the
lots in close proximity to the lot to be divided, the size and shape
of the lots resulting from the proposed division and any deed or other
restriction applicable to the lot proposed to be divided.
B.
Lots existing on the effective date of this chapter
shall not be combined to create a larger lot except with the approval
of the Plan Commission; such larger lot shall not thereafter be divided.
