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Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
The district height limitations established elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
A. 
Architectural projections, such as gazebo roofs, spires, steeples, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this chapter.
B. 
Special structures, such as elevator penthouses, observation towers and scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks, are exempt from the height limitations of this chapter.
C. 
Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
D. 
Communication structures, such as radio and television transmission and relay towers and cellular and personal communication system towers are allowed only in the G-1 Governmental District, and then only by conditional use permit. Said structures shall not exceed in height their distance from the nearest lot line.
[Amended 10-13-1997]
E. 
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided that all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
[Amended 4-26-2005]
The yard requirements established elsewhere in this chapter may be modified as follows:
A. 
Uncovered stairs, landings and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.
B. 
Architectural projections, such as bay windows, chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet into any setback area.
C. 
Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
D. 
Plant materials are exempt from the yard setback requirements of this chapter, but shall not be placed in the street right-of-way without approval of the Director of Public Works.
E. 
Average street yards. The following rules apply to required street yard setback calculations:
[Amended 10-28-2008]
(1) 
The required street yard may be decreased in any area of existing development to the average of the existing street yards of the abutting structures on each side, but in no case less than 40 feet in any residential district.
(2) 
The required street yard shall be increased in any area of existing development in such a manner that the street yard for new development does not deviate more than 30 feet from the average of the existing street yards of the abutting structures on each side. For corner lots, the street yard toward which the principle structure’s primary facade is facing shall be subject to this Subsection E(2); street yard(s) toward which the principle structure’s side or rear facades are facing are not subject to this Subsection E(2.).
F. 
Corner lots. Structures shall provide a street yard as required by this chapter on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street. The owner(s) of a corner lot may designate one yard, other than a street yard, as a side yard for the property. In the case of new construction, such designation shall be made prior to submission of a building permit application. The remaining non-street yard shall then be deemed a rear yard for purposes of determining setback requirements under this chapter. Such a designation by the property owner shall be in recordable form and recorded by the Zoning and Planning Administrator with the Register of Deeds for Waukesha County and filed with the Village Clerk upon designation in the case of an existing structure or upon issuance of an occupancy permit in the case of a new structure. All owners of the property shall sign the designation. A side yard designation under this section shall be irrevocable, and no further designation may be made by the property owner, or the property owner's successors or assigns, for the life of the then-existing principal structure or for the life of the proposed principal structure in the case of new construction.
[Amended 6-27-2006]
G. 
Double-frontage lots. Lots abutting two opposite streets shall provide the minimum setback required by the district in which the lot is located from each street upon which the lot abuts.
H. 
Flag lots.
[Added 10-28-2008[1]]
(1) 
After October 28, 2008, the creation of a flag lot is prohibited unless all of the following conditions are satisfied:
(a) 
The flagpole portion of the lot, as depicted in Illustration No. 2 of § 335-94,[2] must be owned in fee along with the flag portion of the lot; and
[2]
Editor's Note: Illustration No. 2 can be found immediately following the definition of "lot, flag."
(b) 
It must be shown to the satisfaction of the Plan Commission that the parcel has an environmental or topographical hardship which prevents a non-flag-configured division of the property.
(c) 
It must be shown to the satisfaction of the Plan Commission that the proposed flag lot will not, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or for any other reason be harmful to the health, safety or welfare of the property owner, adjacent land owners or the community.
(2) 
No more than one flag lot may be created through the division of a single parcel.
(3) 
Flag lots must be created in accordance with all ordinances of the zoning district in which they are located and in accordance with all applicable land division ordinances, except for the flagpole portion of the lot shall have a minimum width of 30 feet.
(4) 
The Plan Commission shall designate the property line from which the depth of the street yard on a flag lot will be measured after considering the optimum orientation of the principal dwelling to minimize negative impacts on surrounding properties. The designated property line shall serve as the abutting street right-of-way for building setback purposes. (See Illustration No. 2, § 335-94.)
(5) 
The lot area requirements of the applicable zoning district must be satisfied by the flag portion of the lot, exclusive of the flagpole portion of the lot.
[1]
Editor's Note: This ordinance also redesignated former Subsection H, Existing substandard lots, as Subsection I.
I. 
Existing substandard lots.
[Amended 4-25-2006]
(1) 
A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 75 feet wide at the front building line and 9,000 square feet in area, may be used as a single building site, provided that the use is permitted in the zoning district and provided that the lot is a lot of record in the County Register of Deeds Office prior to the effective date of this chapter.
(2) 
A lot located in the business, manufacturing or institutional districts which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site, provided that the lot is a lot of record in the County Register of Deeds Office prior to the effective date of this chapter.
(3) 
Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a dimensional variance by the Board of Appeals.