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Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
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) 
Definitions. For the purpose of this § 335-11I, the following words and phrases shall have the following definitions:
DWELLING UNIT
An area within a structure which a natural person can use as a sleeping place.
RESIDENTIAL PROPERTY
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.
TRANSIENT COMMERCIAL USE OF RESIDENTIAL PROPERTY
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.
VILLAGE
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.
(2) 
Use of permeable surface materials to exceed the maximum lot coverage area for the underlying zoning district is considered a conditional use and requires a conditional use permit as set forth under § 335-86.
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.